First TSCA CBI Claims Will Expire in 2026—Companies Should Prepare Now

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Companies with confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA) should mark their calendars—prompt action may soon be required to maintain their claims.  CBI claims under amended TSCA will begin to expire in the second half of 2016, and submitters must reassert their claims prior to their expiration to prevent the public disclosure of commercially sensitive chemical information.

When Will My CBI Claims Expire?

In 2016, Congress passed the Lautenberg Amendments to TSCA, which overhauled the statute’s CBI provisions.  Under amended TSCA, most CBI claims—including claims for specific chemical identities—expire after ten years.  This means that CBI claims asserted in 2016 will expire in 2026.

Under section 14(e)(1)(B), the ten year countdown starts when a submitter asserts a claim, not when the submitter provides substantiation.  Although substantiation is generally required at the time a claim is submitted, some submitters may have provided substantiation at a later date.  This is especially true of claims that were submitted immediately after the statute was amended.  Submitters should calculate expiration dates based on the date of assertion, and note that claims might expire before the 10-year anniversary of their substantiation.

What Do I Have To Do To Reassert and Re-Substantiate my CBI Claims?

Submitters can extend their CBI claims for subsequent ten-year periods by submitting a request for an extension to EPA.  Section 14(e)(2).  The request for an extension must include substantiation and must be submitted to EPA at least 30 days before the claim is set to expire.  Section 14(e)(2)(B)(i).

Requirements for “maintaining” a claim (i.e., reasserting a claim) are the same as those for asserting a claim initially.  Pursuant to 40 CFR 703.5, submitters must provide:

  • A supporting statement and certification;
  • Substantiation (i.e., answers to specific questions about the claim);
  • A public version of the submission; and
  • A generic name (if the CBI claim is for a specific chemical identity).

Under 40 CFR 703.7(g), submitters will have the option to either submit new substantiation or rely on substantiation that was provided with the initial submission, certifying that the substantiation remains true and correct.

The CBI regulations require that claims be submitted through the agency’s Central Data Exchange (CDX).  40 CFR 703.5(f).  During the 2023 rulemaking that developed those regulations, the agency indicated that it anticipated developing a new CDX reporting form for submitters to reassert expiring claims.  EPA’s CBI FAQ page, last updated in August 2025, continues to signal that an electronic reporting tool is planned.

Will EPA Provide Advance Notice of My CBI Claims’ Expiration?

TSCA section 14(e)(2)(A) requires that EPA provide notice to submitters at least sixty days before their CBI claim expires.  The CBI regulations authorize the agency to provide this notice through CDX.  40 CFR 703.5(h)(2).  EPA does not interpret section 14(e) as requiring individual notice, but stated during the CBI rulemaking that it intends to provide notice via CDX nonetheless.  EPA declined to provide additional individual notice through other means, like certified mail.

EPA’s notification system is imperfect.  Submitters may miss CDX notifications if the contact information associated with CBI claims is outdated.  Companies should therefore review their TSCA submissions to assess whether contact information is current.  Companies may need to contact the CDX Helpdesk for assistance gaining access to submissions made by former employees.  This process may take several weeks if a company needs to create a new CDX account and get that account connected to filings submitted by a former employee.  If the original filing was submitted by an entity that was not part of the company at the time of the submission, additional steps may be required.  Note that EPA stated during the 2023 CBI rulemaking that companies should not need access to the original CDX submission in order to reassert claims.

In addition, the CBI regulations require EPA to publish a list of TSCA submissions with expiring confidentiality claims on its website or other appropriate platform.  40 CFR 703.5(h)(3).  Submissions must be added at least 60 days prior to expiration, along with instructions for reasserting and substantiating expiring claims.  Submitters may want to consider monitoring this webpage as an additional backstop to identify expiring claims.

Are Any CBI Claims Exempt from the Reassertion and Re-Substantiation Requirements?

Pursuant to section 14(e)(1)(A), no action will be necessary to maintain CBI claims that are exempt from substantiation and review according to sections 14(c)(2) and 14(g).  These include claims for specific information describing manufacturing processes, marketing and sales information, information identifying suppliers or customers, and specific production volumes, among others.

This post is for informational purposes only and does not constitute legal advice.