EPA publishes first round of expiring TSCA CBI claims

The Environmental Protection Agency (EPA) published the first list of expiring Confidential Business Information (CBI) claims for information submitted under the Toxic Substances Control Act (TSCA). The list covers CBI claims that expire from June 22, 2026, to July 31, 2026.

What are expiring CBI claims?

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (which became law in June 2016) set an automatic 10-year expiration for most CBI claims made under TSCA. The first round of expiring claims starts in June 2026.

EPA allows businesses to request extensions of CBI protection for up to another 10 years.

How do I know if my CBI claims are expiring?

EPA will notify businesses of expiring CBI claims directly through the Central Data Exchange (CDX).

The agency will also release public lists of upcoming expiring CBI claims monthly on the “CBI Claim Expiration” webpage. The agency encourages businesses to review the lists to verify whether any of their claims are included.

How do I request an extension of expiring CBI claims?

Businesses seeking to extend a CBI claim beyond its expiration date must submit an extension request at least 30 days before the claim expires using the newly launched TSCA Section 14(e) CBI Claim Extension Request application in EPA’s CDX.

Here’s the general process:

• EPA notifies the business of an expiring CBI claim directly through CDX and via the public lists on the “CBI Claim Expiration” webpage.
• The business submits a request for extension through EPA’s CDX at least 30 days before the CBI claim expires. Requests must comply with the substantiation requirements at 40 CFR 703.5(a) and (b).
• EPA reviews the submission and either grants or denies the request.

What are the possible results?

If EPA approves the extension request, the information in the CBI claim will remain protected for up to another 10 years.

If EPA denies the extension request, the agency can publicize the information in the claim 30 days after notifying the submitter in CDX. Further, if a business doesn’t submit an extension request at least 30 days before the expiration date, EPA may publicize the information without notifying the submitter.

Key to remember: EPA published the first round of expiring CBI claims for information submitted under TSCA. Businesses must submit extension requests to keep the information protected.