Companies with Toxic Substances Control Act (TSCA) Confidential Business Information (CBI) claims may soon face approaching deadlines that could affect whether certain information remains protected from public disclosure.
Under the 2016 amendments of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, many TSCA CBI claims are no longer protected indefinitely. Most claims are now subject to a 10-year expiration period unless the submitting company requests an extension and provides substantiation supporting continued confidentiality. Under TSCA section 14(e), if an approved extension is not in place, EPA may release the claimed information to the public without further notice.
TSCA CBI Expiring Claims Announcements
The US Environmental Protection Agency (EPA) recently announced the release of TSCA CBI claims scheduled to expire between June 22, 2026 and July 31, 2026. This is the first group of CBI claims submitted after the 2016 Lautenberg Act amendments that will reach the 10‑year mark. EPA has stated that the agency plans to update the list monthly as additional claims approach expiration dates.
The update is significant for companies that have historically submitted confidential information to EPA under TSCA reporting programs, including information associated with chemical identity, manufacturing, import, processing, and related regulatory submissions. For some organizations, the primary challenge may not be whether CBI claims exist, but whether internal systems, reporting records, and responsible personnel are prepared to identify expiring claims and complete extension requests within the required timeframes.
TSCA CBI Claim Extensions
EPA’s current process requires companies seeking continued protection of confidential information to submit a CBI extension request electronically through the Central Data Exchange (CDX), EPA’s online reporting portal. Extension requests must generally be submitted at least 30 days before the expiration date of the claim.
EPA has also developed a new TSCA Section 14(e) CBI Claim Extension Request tool within CDX to facilitate extension submissions and substantiation requirements. TSCA Section 14(e) governs the review and expiration process for confidential business information claims submitted under the statute.
Potential Compliance and Disclosure Considerations
For some companies, the primary implementation challenge may be identifying which historical TSCA submissions contain active CBI claims approaching expiration. In some cases, organizations may have submitted confidential information years ago through legacy reporting systems, acquisitions, mergers, product stewardship programs, or previous compliance activities. Moreover, staff formerly in charge of TSCA compliance may have left or have been reassigned, leading to orphaned records.
EPA’s guidance also notes that some chemical identity claims may expire based on the original approval date associated with the confidential chemical identity itself rather than the date of an individual company submission. As a result, some submitting companies may encounter expiration dates earlier than anticipated.
Operational and compliance considerations may include:
- Reviewing historical TSCA submissions and supporting records on regular basis
- Identifying active CBI claims approaching expiration
- Evaluating substantiation requirements for extension requests
- Confirming CDX account access and submission roles and responsibilities
- Coordinating legal, regulatory, and product stewardship review processes
- Updating internal tracking systems for TSCA confidential submissions
- Assessing potential disclosure risks associated with expired claims
- Proactively assigning expiry reminders to CBI TSCA work products at the time of submission to EPA
For organizations with large chemical inventories, multiple reporting entities, or long reporting histories, reviewing historical CBI claims may require coordination across environmental compliance, legal, operations, procurement, and records management teams.
Timing and Administrative Planning
EPA has stated that updated expiration lists will continue to be released monthly. Companies may benefit from periodically reviewing EPA’s published lists and evaluating whether upcoming expiration dates apply to their operations or historical submissions.
Administrative timing may also become important where multiple claims are approaching expiration simultaneously or where substantiation documentation requires internal review prior to submission through CDX. Waiting until claims are near expiration could increase the risk of incomplete documentation, delayed review, or unintended disclosure of confidential information.
Bottom Line
EPA’s release of expiring TSCA CBI claims marks the beginning of a broader transition away from indefinite confidentiality protections under TSCA. For affected companies, the key issue is whether existing compliance systems and reporting records are sufficient to identify expiring claims, evaluate continued confidentiality needs, and complete extension requests within EPA’s required timelines.
Organizations with TSCA submissions may benefit from reviewing confidential business information claims now to better understand expiration timing, substantiation requirements, internal reporting responsibilities, and potential disclosure implications before claims approach expiration dates. Early review may help reduce administrative challenges and avoid unintended public disclosure of confidential information.
TSCA Compliance and Regulatory Support
Trihydro supports clients with TSCA-related compliance activities, including regulatory review, reporting support, records evaluation, compliance program assessments, data management, and coordination associated with federal and state chemical reporting requirements.
