The U.S. Environmental Protection Agency has notified five companies that the identities of 14 chemicals associated with a number of health and safety studies submitted under the Toxic Substances Control Act (TSCA) and claimed as confidential are not eligible for confidential treatment. Last year, EPA put in place a plan to review confidentiality claims for the name of chemicals addressed in health and safety studies. Under these new procedures EPA is moving to declassify many chemical identities so they are no longer secret. EPA expects that more chemical names connected with health and safety studies will be released in the future. The agency plans to deny confidentiality claims for chemical identity in health and safety studies provided to the agency under TSCA unless the chemical identity contains process or mixture information that is expressly protected by the law.
EPA has begun reviewing past CBI claims for chemical identity in health and safety studies. Where EPA determines that the information is not eligible for confidential treatment under the law, the agency will notify companies of the determination and that EPA will make the information public on the 31st day after receiving the determination unless the company challenges the disclosure in federal court.
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