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Have You Updated Your Old TSCA CBI Claims Yet?

September 20, 2017

In today’s Federal Register, companies are reminded that they need to update their confidential business information (CBI) claims for any Toxic Substances Control Act (TSCA) submissions made between June 22, 2016 and March 21, 2017. Submissions during this period – such as premanufacture notifications (PMNs), low volume exemptions (LVEs), bona fide submissions, export notifications, and section 8(e) substantial risk information filings – need to have the type of substantiation called for by the updated law for all CBI claims other than information that is specifically exempt from substantiation under TSCA section 14(c)(2). The Environmental Protection Agency (EPA) is extending the compliance date for submitting your supplemental substantiations until October 19th.. The Federal Register announcement can be viewed here.  

Let us know if you have questions about the information that you need to provide to EPA and keep in mind that the agency has set a separate and higher bar for asserting trade secret status for the information you submit. For more information, please contact Martha Marrapese (mmarrapese@wileyrein.com or  202-719-7156) or Saskia Mooney (smooney@wileyrein.com or 202-719-4107).