• TSCA allows EPA, under certain conditions, to disclose CBI to state, tribal, and local governments; environmental, health, and medical professionals; and emergency responders.

Amendments to the Toxic Substances Control Act (TSCA) expanded the categories of people who may now access information claimed as confidential business information (CBI) under TSCA. Information that a business claims as CBI under TSCA is protected from disclosure until the business withdraws the CBI claim, the CBI claim expires, the Environmental Protection Agency (EPA) determines that the claim is not entitled to confidential treatment, or as authorized under TSCA and EPA regulations.

TSCA allows EPA, under certain conditions, to disclose CBI to:

• State, tribal, and local governments;
• Environmental, health, and medical professionals; and
• Emergency responders.

A person may be able to request access to the following types of information that are often claimed as CBI under TSCA:

• Specific chemical identity (e.g., the specific name of the chemical),
• Company name,
• Production figures,
• Manufacturing or processing details,
• Specific uses, and
• Names of individual company or laboratory personnel.

Be sure to review EPA’s guidance documents for accessing CBI under TSCA before submitting a request:

• Guidance for Requesting Access to CBI for State, Tribal, and Local Governments.
• Guidance for Requesting Access to CBI for Environmental, Health, and Medical Professionals.
• Guidance for Requesting Access to CBI for Emergency Responders.