EPA Issues Proposed Rule on Chemical Identity CBI Claims Substantiation and Review

This article was co-authored by Martha Marrapese, Tracy Heinzman, Keith Matthews, Roger Miksad, and Saskia Mooney.

The 2016 amendments to the Toxic Substances Control Act (TSCA) require the Environmental Protection Agency (EPA) to establish a plan to review all confidential business information (CBI) claims for specific chemical identities on the TSCA Inventory. On April 23, 2019, EPA issued a proposed rule to add provisions to 40 C.F.R. Part 710 to establish the plan, including the procedures and deadline for substantiating these claims. Comments on the proposal must be received on or before June 24, 2019.

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