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EPA Releases Formerly Confidential TSCA Chemical Info

The Environmental Protection Agency has announced that it is making available to the public hundreds of studies on chemicals submitted under the Toxic Substances Control Act (TSCA) that had formerly been treated as confidential business information (CBI). EPA states that releasing the data will expand the public’s access to critical health and safety information on chemicals that are manufactured and processed in the U.S.

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EPA Outlined Its Plans to Deny Certain Chemical Confidentiality Claims in 2010

Since 2009, 577 formerly confidential chemical identities are no longer confidential and more than 1,000 health and safety studies are now accessible to the public that were previously unavailable or only available in limited circumstances. In 2010 EPA issued new guidance outlining the agency’s plans to deny confidentiality claims for chemical identities in health and safety studies under the federal Toxic Substances Control Act (TSCA) that are determined to not be entitled to CBI status.

(See ITT's Online Archives 10012230 for summary of EPA announcing its new practice for reviewing health and safety study submissions under TSCA for chemical CBI claims.)

Will Ask Submitters to Relinquish CBI Claims & Make Studies Publicly Available

Consistent with the guidance, the EPA will request that submitters voluntarily relinquish CBI claims and make studies available to the public. EPA also challenged the chemical industry to make available information that was previously classified as CBI. To date, more than 35 companies have agreed to review previously submitted filings containing health and safety studies and determine if any CBI claims may no longer be necessary.

New Info Can be Found Using EPA's Chemical Data Access Tool

The newly available information can be found under a new "declassified tab" using the EPA’s Chemical Data Access Tool, launched in December 2010 to assist the public in retrieving chemical health and safety information submitted to EPA under TSCA. (See ITT's Online Archives 10122308 for summary.)

EPA Expects to Review Several Thousand Add'l Studies

EPA has been reviewing CBI claims in new and existing TSCA filings containing health and safety studies. Over the next year, EPA officials state they expect to review several thousand additional studies on industrial chemicals and make many of them more accessible to the public

(See ITT's Online Archives 10101209 for summary of EPA's 2011-2015 Strategic Plan which includes plans to declassify confidentiality claims for TSCA-related chemical information.)

Additional information is available here.