EPA Extends Review Period for CBI Claims Under TSCA

EPA’s Ongoing Review of CBI Claims

The U.S. Environmental Protection Agency (EPA) has announced an extension of the review period for confidential business information (CBI) claims related to the specific identities of chemical substances listed on the confidential portion of the Toxic Substances Control Act (TSCA) Inventory. This extension extends the review period to February 19, 2026, marking an additional year beyond the previous extension set to expire in February 2025.

Challenges Behind the Delay

EPA cited several factors that have contributed to the delays in completing this crucial review:

1. Volume of Submissions: The agency is tasked with reviewing over 4,805 chemical substances across 5,787 submissions. Many of these submissions are complex, requiring significant time and effort to process.
2. Updating the TSCA Inventory: In addition to the CBI review, EPA has been concurrently working to update the public portion of the TSCA Inventory, as required by TSCA Sections 8(b) and 14.
3. IT System Issues: EPA also faced difficulties with its information technology (IT) systems. The large file sizes and other complexities associated with the CBI submissions led to a nine-month delay in the review process, as the agency prioritized addressing other IT needs over completing the CBI review.
4. Insufficient Resources: A lack of appropriated funds in fiscal years 2024 and 2025 hindered the agency's ability to maintain necessary staffing levels and contract resources to effectively address the IT system issues and continue reviewing the claims.
5. Legal and Regulatory Hurdles: A decision by the U.S. Court of Appeals for the District of Columbia Circuit in the case Environmental Defense Fund v. EPA led to a need for additional rulemaking to add new reporting requirements. This change created confusion among some reporting entities, which further slowed the review process.

Next Steps

With this extension, EPA will now continue its review of CBI claims and make progress towards updating the TSCA Inventory. The new deadline, February 19, 2026, gives the agency additional time to address the challenges outlined above and to complete the reviews within the required timeframe.

Ensuring Transparency and Compliance

The extension underscores the challenges that the EPA faces in managing and maintaining the TSCA Inventory while ensuring that businesses comply with confidentiality provisions for chemicals. While the process has been slower than initially anticipated, the extended review period allows the agency to address the backlog and continue ensuring the safety and transparency of chemicals in commerce.