The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C. (B&C®) is pleased to present “TSCA CBI Re-substantiation: When, Why, and How to Prepare.” The Toxic Substances Control Act (TSCA) provides critical protections for commercially sensitive information related to a company’s business, processes, and chemicals. The 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act amendments included a ten-year cap on many confidential business information (CBI) claims, absent a U.S. Environmental Protection Agency (EPA)-approved extension request. As a result, these CBI claims will begin to expire on a rolling basis in June 2026 unless further reasserted and re-substantiated.
B&C has been tracking this important provision closely, including how EPA intends to provide the statutorily-required notices of expiring CBI claims; the systems, processes and criteria to request and substantiate an extension; and the practical steps companies should be taking now to prepare.
Topics Covered:
- Background on CBI Expiration Provisions in TSCA
- Process and Criteria for Requesting and Substantiating an Extension
- Practical Tips for Companies to Prepare Now
- Frequently Asked Questions