The Toxic Substances Control Act (TSCA) requires certain information submitted to the U.S. Environmental Protection Agency (EPA) be protected as confidential business information (CBI). The 2016 TSCA amendments and the new requirements related to CBI and CBI substantiation were signed into law on June 22, 2016, creating a ten-year expiration that applies to all information subject to substantiation requirements and includes all information claimed as CBI that is not otherwise excluded from substantiation requirements in TSCA Section 14(c)(2). The ten-year expiration for CBI claims made after that date will begin on a rolling basis on June 22, 2026.
When Do CBI Claims Expire?
EPA announced on April 24, 2026, the release of a publicly accessible list of CBI claims with near-term expiration dates under TSCA. According to EPA, to maintain accuracy and provide timely updates, it will refresh the list on a monthly basis as claims continue to approach their expiration dates. EPA “strongly encourage[s]” companies to review the list carefully and verify whether any of their claims are included.
What CBI Claims Expire?
The following types of claims are set to expire:
- Chemical identity, structure, formula, if offered in commerce;
- Company name; and
- Other information not identified in TSCA Section 14(c)(2).
Process for Extension
Companies with CBI claims subject to the ten-year expiration can request an extension in accordance with TSCA Section 14(e)(2). Note that any CBI claim that requires substantiation is subject to the ten-year expiration. CBI claims that were exempt from substantiation do not expire.
- EPA must provide notice of expiration not later than 60 days prior to the impending expiration.
- The company must submit an extension request electronically via the Central Data Exchange (CDX) at least 30 days prior to CBI claim expiration and substantiate any CBI claims that the company seeks to extend.
- EPA must review extension requests before the applicable expiration date, resulting in a grant or denial of the request.
- Protection extends for another ten years from the date of determination.
Slide from B&C webinar “TSCA CBI Re-substantiation: When, Why, and How to Prepare.”
Implications of CBI Expiration
Failure to request an extension and re-substantiate can result in confidential and sensitive business information becoming public. Once public, information is no longer eligible for CBI protection.
Do not delay preparations; be ready to monitor expiring claims and take action to protect your company’s CBI!
Slide from B&C webinar “TSCA CBI Re-substantiation: When, Why, and How to Prepare.”
How B&C Can Help
Bergeson & Campbell, P.C. (B&C®) has been tracking this important provision closely, including how EPA intends to provide the statutorily required notices of expiring CBI claims; the systems, processes, and criteria to request and substantiate an extension; and the practical steps companies should be taking now to prepare.
Resources available from B&C and EPA include:
- B&C’s recent webinar “TSCA CBI Re-substantiation: When, Why, and How to Prepare” presented by Richard E. Engler, Ph.D., Director of Chemistry, B&C; Ryan N. Schmit, Of Counsel, B&C; and Lynn L. Bergeson, Managing Partner, B&C, is available to view now on YouTube, Vimeo, and the B&C website.
- EPA Releases List of Expiring CBI Claims under TSCA (April 27, 2026)
- EPA CBI Program Website (updated periodically)
- EPA Updates TSCA CBI Requirements (June 12, 2023)
Areas in which we advise clients regarding CBI protection include:
- Ensuring appropriate individuals will receive EPA notices;
- Finding Organizational ID (Org ID) numbers;
- Gaining access to old submissions;
- Navigating the process for submitting extension requests for expiring CBI claims;
- Developing and/or strengthening substantiations for CBI claims;
- Assisting with appropriate CBI redactions on submitted materials;
- Engaging with EPA to resolve CBI-related questions or concerns;
- Advocating for streamlined processes and approaches related to submission of CBI claims and continued protections; and
- Filing legal appeals, if EPA denies an extension.
Contact Lynn L. Bergeson, lbergeson@lawbc.com or (202) 557-3801, for more information.
B&C’s TSCA Practice
B&C is well equipped to assist with CBI re-substantiation needs. For more than 25 years, B&C has offered clients an unparalleled level of experience and excellence in matters relating to TSCA, making it the premier Washington, D.C., law firm to provide companies with deep, experienced, and expert TSCA assistance.
With a TSCA practice group that includes six former senior EPA officials, an extensive scientific staff, including seven Ph.D.s, and a robust and highly experienced team of lawyers and non-lawyer professionals, the firm is extremely well-versed in all aspects of TSCA law, regulation, policy, and litigation. Find out more at https://www.lawbc.com/practices/chemical-regulation-under-tsca/.