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TSCA CBI Declassification Challenge
Announcements
December 16, 2014 – EPA has completed reviews of under 24,000 health and safety studies in the Agency records, allowing over 1,000 studies previously not available to be included in the Agency’s CDAT tool and 643 chemical names treated as confidential on the EPA’s TSCA Inventory to be declassified. For further information on the declassified materials go to Chemical Data Access Tool (CDAT).
For further information on declassification efforts contact Scott Sherlock at 202-564-8257 or at sherlock.scott@epa.gov
or contact Jessica Barkas at
202-250-8880 or barkas.jessica@epa.gov.
As a part of former Administrator Lisa P. Jackson’s commitment to increase transparency, in 2010 EPA asked companies to voluntarily declassify documents they claimed as confidential business information (CBI) if the claims were inconsistent with the law or no longer necessary.
Since 2011, many companies have risen to the challenge resulting in nearly 1,000 documents with formerly confidential chemical identities being made public.
This Web page contains instructions for companies to declassify data in filings where the CBI claims are not legally appropriate, and describes an effort to focus declassifications in order to expedite the process in 2013:
- FY 2013 Voluntary Challenge Program: Priority Focus on FY95-00 TSCA section 8(e) Filings
- How to Declassify Documents under the FY 2013 Effort
- Background
FY 2013 Voluntary Challenge Program: Priority Focus on FY95-00 TSCA section 8(e) Filings
As was done in FY 2012, to facilitate industry reviews and declassifications, EPA is providing assistance in accessing copies of non-confidential versions of filings identified as a priority.
The priority reviews consist of more than 600 notices of substantial risk submitted to EPA under TSCA section 8(e) in which the chemical name and other health and safety data have been claimed as CBI. EPA is requesting that industry review filings submitted to the Agency between October 1994 and September 2000, and declassify those that are not legally appropriate or no longer necessary.
The Agency is posting non-CBI versions of the priority documents in the Chemical Data Access Tool (CDAT).
For companies participating in the CBI Voluntary Challenge and who have submitted written requests, EPA has made available an index of documents identified by document control number. Please enter the document numbers in the CDAT search box to find and review your redacted CBI documents.
For companies who have not yet participated in the CBI Voluntary Declassification Program, please contact Jeff Santacroce at 202-564-2818 or TSCA-DECLASS@epa.gov for a company-specific list of covered materials.
EPA will be reviewing all priority documents irrespective of whether the document was submitted by a participant in the CBI Voluntary Challenge or not.
On June 18, 2013, EPA announced that it is encouraging industry participants to focus their declassification efforts in FY 2013 on TSCA section 8(e) submissions filed with the Agency between FY1995-2000. Instructions on how to declassify these materials can be found on this page.
For further information, email Scott M. Sherlock, (202) 564-8257 or Ryan Wallace, 202-564-8824.
In instances where companies fail to review and declassify the priority documents, EPA will initiate reviews and administrative actions consistent with TSCA and its implementing regulations.
How to Declassify Documents under the FY 2013 Effort
Information owners should follow the procedures described below for giving notice to the Agency on declassifying TSCA CBI materials:
- Review indices of documents that have been sent by EPA and any individual filings designated as a priority for this effort.
- Determine whether CBI claims within filings are consistent with law and necessary to protect interests of the information owner.
- Prepare a new document with “declassified” information (i.e. chemical name, health and safety data, etc) included.
- Send “declassified documents” to the appropriate address listed below.
- Provide responses no later than May 31, 2012. Responses are expected to include declassifications and the results of reviews.
- Continue to review and declassify other materials directed to the Agency under the authority of TSCA.
Process for TSCA Health and Safety Filings
A request to declassify information should contain a cover letter with the reference in the subject line: “Declassification Activity-health and safety filing” and Agency provided document control number:
In order to match a declassification letter with the submission it pertains to, EPA needs to be able to identity that submission with specificity. Please, therefore, provide any identifying numbers already associated with the submission, such as EPA document control number (DCN) and 8(e) number.
A new “non-confidential” version of the document with declassified data included and circled.
Packages may be sent using the following methods to these addresses :
U.S. Mail
Attention: TSCA Declassification Coordinator
U.S. EPA
Office of Pollution Prevention and Toxics
Document Control Office (7407M)
1200 Pennsylvania Ave., NW
Washington, DC 20460
Courier
Attention: TSCA Declassification Coordinator
U.S. EPA
Office of Pollution Prevention and Toxics
Confidential Business Information Center (CBIC)
EPA East Building, Room 6428
1201 Constitution Ave.
Washington, DC 20004-3302.Fax
Attention: TSCA Declassification Coordinator, 202- 564-8955
Process for TSCA Inventory Submissions, including original inventory submissions and TSCA section 5 (notices of commencement)
Package should contain:
- Cover letter, with the reference in the subject line: “Declassification Activity-CBI Inventory declassification.”
- The entity should identify the chemical or chemicals presently listed on the confidential portion of the TSCA Master Inventory List to be declassified and moved from the confidential to the public portion of the TSCA Inventory. Entities, including those that manufacture, import, process, distribute or otherwise engage in commercial activities involving the substance may seek to have the substance moved from the confidential to the public portion of the TSCA Master Inventory List. The entity should provide any information available describing the commercial activities with the substance and any information they have that indicates the substance is known to be in US commerce. For example, copies of original Inventory submissions, TSCA section 5 materials (pre-manufacture notices), or TSCA section 8(a) materials (Inventory Update Rule/Chemical Data Reporting Rule notices), or even Websites with substances identified are proof of commercial activities and may be proof that the substance is known to be in US commerce.
Packages may be sent using the following methods to these addresses:
U.S. Mail
U.S. EPA
Office of Pollution Prevention and Toxics
Document Control Office (7407M)
1200 Pennsylvania Ave., NW
Washington, DC 20460
Attention: Industrial Chemistry Branch
Courier
U.S. EPA
Office of Pollution Prevention and Toxics
Confidential Business Information Center (CBIC)
EPA East Building, Room 6428
1201 Constitution Ave.
Washington, DC 20004-3302.
Attention: Industrial Chemistry Branch
Fax
Attention: Industrial Chemistry Branch: 202- 564-8955
Background
On June 4, 2010, Steve Owens, former assistant administrator of EPA's Office of Chemical Safety and Pollution Prevention, sent letters (PDF) (2 pp., 1.2 MB, About PDF) to major industry trade associations challenging them to reduce their voluminous CBI claims under the Toxic Substances Control Act. He first issued the challenge March 30, 2010, at the Global Chemical Regulations (GlobalChem) Conference in Baltimore.
He asked that industry:
- Review older notices or filings containing CBI that have been submitted under TSCA and identify materials that should not be considered confidential.
- Notify the Agency about the particular declassification.
- Strictly limit CBI claims in any future TSCA filings with the Agency.
