Will the EPA Disclose Confidential Business Information?
For the first time since enactment of the Toxic Substances Control Act (TSCA) the US EPA is threatening to remove confidentiality claims on studies of 14 chemicals.
Under the TSCA companies may claim that information submitted to the EPA should be treated as confidential business information (CBI) and not disclosed to the public. Companies that manufacture, process or distribute chemicals are required to immediately notify the EPA if they learn a chemical presents a substantial risk of injury to health or the environment. The reports are available on EPA’s website, but when the identity of the chemical has been claimed confidential by a company, the name of the chemical has been removed from the copy of the report that is made public.
In May 27, 2010, the EPA said it planned to generally deny confidentiality claims for and the identity of chemicals in health and safety studies filed under the TSCA, except in specified circumstances.
The EPA has begun reviewing past CBI claims for chemical identity in health and safety studies. When the EPA determines that the information is not eligible for confidential treatment under the law, it will notify companies of the determination and that it will make the information public on the 31st day after receiving the determination unless the company properly challenges the disclosure.
On February 10, 2011, the EPA notified five companies that the identities of 14 chemicals associated with a number of health and safety studies under TSCA are not eligible for confidential treatment. The companies that submitted the data in question are: Givaudan Fragrances Corporation, Japan Technical Information Center, Inc., JSR Micro, Inc., Nalco Company and Promerus LLC.
