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April 14, 2020

EPA Publishes Updated Data on TSCA CBI Reviews

Lynn L. BergesonCarla N. Hutton

 
The U.S. Environmental Protection Agency (EPA) published on August 11, 2020, its quarterly update of the Toxic Substances Control Act (TSCA) confidential business information (CBI) review statistics.  These data summarize the number of CBI cases under review and results of completed reviews through June 15, 2020:

CBI Review Statistics (cases received between June 22, 2016 and June 15, 2020)
Cases in which the specific chemical identity is subject to CBI review3,326
Cases in which information other than the specific chemical identity is subject to CBI review2,523
Cases in which both the specific chemical identity and information other than the specific chemical identity is subject to CBI review734
Total cases subject to CBI review6,583
Cases resulting in final CBI determinations
Cases with all CBI claims subject to review, approved882
Cases with all CBI claims subject to review, denied602
Cases with CBI claims subject to review, approved-in-part/denied-in-part97
Total cases resulting in final CBI determinations1,581
Cases reviewed with no final CBI determination necessary
Cases with all CBI claims screened and found to be exempt from review1,078
Cases with all CBI claims withdrawn by submitter430
Cases identified for CBI review, for which no determination required (e.g., in some instances, older EPA information systems do not specifically identify which information is claimed as CBI and upon review, it is determined that no claims require review)1,500
Total cases reviewed/screened with no final CBI determination necessary3,008
Cases currently undergoing CBI review
Cases currently undergoing CBI review1,994

 
In August 2020, EPA published an updated list of cases with completed CBI reviews under TSCA Section 14.  The spreadsheet includes the results of completed CBI determinations and cases with approved claims for specific chemical identity for which unique identifiers have been assigned.