Under U.S. TSCA section 14(e), which limits the duration of most confidential business information (CBI) claims to 10 years, the first group of CBI claims submitted by companies after the Lautenberg Act was signed into law in 2016 will expire in June 2026. EPA advises that without an approved extension that substantiates the need for continued protection, the agency may make the claimed information public without further notice.
To fulfill the 60-day notice of expiration required under U.S. TSCA, U.S. EPA updated its rolling list of submissions with expiring claims on May 6, 2026. This list details the TSCA CBI claims, specific chemical identities, and company names that will expire between June 22, 2026, and July 31, 2026. EPA will refresh this list on a monthly basis to maintain accuracy, and companies are strongly encouraged to carefully review it to verify whether any of their claims are included.
Categories of Information Exempt from Expiration
Under TSCA section 14(c)(2), certain categories of information identified as exempt from upfront substantiation are also exempt from expiration under TSCA section 14(e)(1)(B). These broadly include:
Specific information describing the processes used in manufacture or processing of a chemical substance, mixture, or article;
Marketing and sales information;
Information identifying a supplier or customer;
In the case of a mixture, details of the full composition of the mixture and the respective percentages of constituents;
Specific information regarding the use, function, or application of a chemical substance or mixture in a process, mixture, or article;
Specific production or import volumes of the manufacturer or processor;
Prior to the date on which a chemical substance is first offered for commercial distribution, the specific chemical identity of the chemical substance (including the chemical name, molecular formula, CAS number, and other identifying information) if it was claimed as confidential at the time it was submitted in a notice under TSCA section 5.
EPA Review and Post-Procedures
EPA will review each request for an extension and either grant or deny the request no later than the expiration date of the CBI claim:
If approved: The confidential information will be protected from disclosure for up to an additional 10 years.
If denied: As required by law, EPA will notify the submitter in writing via CDX of the reasons for the denial at least 30 days prior to the intended disclosure, allowing the company to take subsequent responsive measures.
REACH24H Recommendations
To prevent the disclosure of confidential information due to the expiration of TSCA CBI claims, REACH24H recommends that relevant companies take the following actions:
1. Verify Accounts and Follow Notifications
Companies should update and verify the company contact information linked to their Central Data Exchange (CDX) accounts to ensure individual electronic notices can be received, and carefully monitor CDX for expiration alerts sent by EPA.
2. Review Official Expiring Lists
Companies should cross-reference the latest lists published by EPA to verify whether their company name is included. If listed, companies must further check the list of submissions or chemical identities to identify the specific expiring substances or case numbers.
Frequently Asked Questions (FAQ)
TSCA section 14(e) sets the expiration date for confidentiality claims made in TSCA submissions as 10 years from the date the claim is asserted (the submission date of the TSCA filing).
For confidentiality claims for specific chemical identity, the expiration date is calculated based on 10 years from the first submission with a claim for that specific chemical identity received after June 22, 2016. Because TSCA requires publishing a single expiration date for each substance on the confidential Inventory, confidentiality claims for specific chemical identity are calculated using the first submission on that substance, regardless of the subsequent submitting companies.
Companies must submit their request for an extension no later than 30 days before the date that the CBI claim is set to expire. If a timely request is not received, EPA is no longer required to safeguard the information, and the information may be made public.
No, requests to extend should not be submitted until notification has been provided, either directly through CDX or through published lists of submissions or chemical substances with expiring claims.
No, confidentiality claims may not be modified and new claims may not be added. Furthermore, any claims previously denied by EPA or withdrawn by the submitter are no longer confidential and cannot be revived through the extension request process.
Not sure where to start? REACH24H's regulatory experts are ready to help you navigate U.S. TSCA compliance, including CBI claim management, extension filing, and ongoing regulatory monitoring.
Email: customer@reach24h.com
