News & Analysis as of

Chemicals Confidential Business Information (CBI)

Bergeson & Campbell, P.C.

EPA Reports Issues with Submitting CBI in CDX for CDR Reporting

The Chemical Data Reporting (CDR) rule requires manufacturers (including importers) to report data to the U.S. Environmental Protection Agency (EPA) every four years. The 2024 submission period began June 1, 2024, and will...more

Bergeson & Campbell, P.C.

EPA Will Postpone Submission Period for TSCA Section 8(a)(7) Reporting on PFAS

The U.S. Environmental Protection Agency is scheduled to publish a direct final rule on September 5, 2024, that will amend the Toxic Substances Control Act (TSCA) regulation with reporting and recordkeeping requirements for...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2024

TSCA/FIFRA/TRI - EPA Announces Automatic Addition Of Seven Additional PFAS To TRI List Of Chemicals: The U.S. Environmental Protection Agency (EPA) announced on January 9, 2024, the automatic addition of seven per- and...more

Bergeson & Campbell, P.C.

EPA Extends Submission Deadline for Polymer Exemption Reports and Accompanying Claims

The U.S. Environmental Protection Agency (EPA) published a final rule on February 16, 2024, amending the Toxic Substances Control Act (TSCA) regulations for polymers manufactured under the terms of the polymer exemption by...more

Bergeson & Campbell, P.C.

EPA Issues Orders to Inhance Technologies Related to Long-Chain PFAS SNUNs

The U.S. Environmental Protection Agency (EPA) announced on December 1, 2023, that it issued orders to Inhance Technologies LLC directing it not to produce per- and polyfluroakyl substances (PFAS), “chemicals that are created...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Confidential Business Information/Toxic Substance Control Act: Environmental Defense Fund Opening D.C. Circuit Court of Appeals...

The Environmental Defense Fund (“EDF”) filed an opening brief with the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) challenging a United States Environmental Protection Agency (“EPA”) Toxic Substances...more

Beveridge & Diamond PC

EPA Adopts PFAS Reporting Requirements Applicable to Article Importers and Chemical Manufacturers

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The U.S. Environmental Protection Agency (EPA) has finalized a one-time reporting rule regarding the manufacture (including import) of per- and polyfluoroalkyl substances (PFAS). Despite heavy industry opposition, obligated...more

Bergeson & Campbell, P.C.

EPA Will Hold Webinar on Final CBI Rule

The U.S. Environmental Protection Agency (EPA) will hold a webinar on July 18, 2023, at 2:00 p.m. (EDT) on its recent final procedural rule for submitting confidential business information (CBI) under the Toxic Substances...more

Bergeson & Campbell, P.C.

EPA Updates TSCA CBI Requirements

The U.S. Environmental Protection Agency (EPA) published on June 7, 2023, a final rule with new and amended requirements concerning the assertion and treatment of confidential business information (CBI) claims for information...more

Bergeson & Campbell, P.C.

Turkey Updates KKDIK Registration Requirements

On February 3, 2023, the Turkish Ministry of Environment, Urbanization and Climate Change (MoEUCC) released new guidance on the registration requirements under the KKDIK regulation (Kimyasalların Kaydı, Değerlendirilmesi,...more

Bergeson & Campbell, P.C.

EPA Seeks Comment on Initial Regulatory Flexibility Analysis on Proposed PFAS Reporting Rule

On November 25, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited comment on an Initial Regulatory Flexibility Analysis (IRFA) and Updated Economic Analysis following the...more

Bergeson & Campbell, P.C.

EPA Holds First Webinar on Approach for Reviewing MMOs, Including New and Modified CAMs

On November 17, 2022, the U.S. Environmental Protection Agency (EPA) held the first of a two-part webinar series on EPA’s new standardized process to assess risk and apply mitigation measures, as appropriate, for mixed metal...more

Bergeson & Campbell, P.C.

EPA Proposes To Update CBI Requirements Under TSCA

On May 12, 2022, EPA published a proposed rule relating to the assertion and maintenance of confidential business information (CBI) claims under TSCA. EPA states in its May 12, 2022, press release that the proposed rule...more

Beveridge & Diamond PC

Narrowing Confidentiality Claims Under TSCA

Companies often submit confidential business information (CBI) to the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA) with the expectation that EPA will not divulge that information to...more

Bergeson & Campbell, P.C.

Proposed Rule Concerning CBI Claims under TSCA Addresses Purpose of New Part 703 and Requirements for Asserting a Confidentiality...

On May 12, 2022, the U.S. Environmental Protection Agency (EPA) proposed new and amended requirements concerning the assertion and treatment of confidential business information (CBI) claims for information reported to or...more

Bergeson & Campbell, P.C.

EPA Posts Draft Document on “Modernizing the Process and Bringing Innovative Science to Evaluate New Chemicals Under TSCA”

As reported in our February 25, 2022, blog item, the U.S. Environmental Protection Agency (EPA) announced on February 25, 2022, the proposed Toxic Substances Control Act (TSCA) New Chemicals Collaborative Research Program. 87...more

Bergeson & Campbell, P.C.

EPA Proposes TSCA New Chemicals Collaborative Research Program, Will Hold Public Meeting in April

The U.S. Environmental Protection Agency will hold a virtual public meeting April 20-21, 2022, to seek individual input on the proposed Toxic Substances Control Act (TSCA) New Chemicals Collaborative Research Program. 87 Fed....more

Bergeson & Campbell, P.C.

EPA Announces Legally Mandated Changes to TSCA Fees

The U.S. Environmental Protection Agency (EPA) announced on November 23, 2021, legally mandated changes to the fee requirements under the Toxic Substances Control Act (TSCA). This is not the fee adjustment we have been...more

Bergeson & Campbell, P.C.

EPA Updates TSCA CBI Review Statistics

EPA published on February 8, 2021, a periodic update of the TSCA confidential business information (CBI) review statistics. TSCA Section 14(g)(1) requires that EPA, within 90 days of receipt of a CBI claim...more

Bergeson & Campbell, P.C.

EPA and OSHA Sign MOU Regarding EPA’s Review of New Chemicals under TSCA

The U.S. Environmental Protection Agency (EPA) announced on January 12, 2021, that it signed a memorandum of understanding (MOU) with the Occupational Safety and Health Administration (OSHA) “that advances collaboration and...more

Wiley Rein LLP

New Year, New TSCA Rules

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The U.S. Environmental Protection Agency (EPA) has been working overtime recently to complete many actions under the Toxic Substances Control Act (TSCA). Yesterday, the U.S. Environmental Protection Agency (EPA) published the...more

Bergeson & Campbell, P.C.

K-OSHA Amendments Effective January 16, 2021

We write to alert you to an important and imminent deadline. Consideration for confidential business information (CBI) for hazardous substance ingredient disclosure on safety data sheets (SDS) will require formal submission...more

Beveridge & Diamond PC

Urgent Deadline for Substantiating Inventory Reset Chemical Identity Confidentiality Claims

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Inventory Reset reporting under the Toxic Substances Control Act (TSCA) seems like years ago, because it was – Form A’s were due February 7, 2018 for manufacturers and October 5, 2018 for processors. Companies are now likely...more

Faegre Drinker Biddle & Reath LLP

Looming November 30, 2020 EPA Submission Deadline for Chemical Data Reporting Requires Attention Now

Companies required to report under the Toxic Substances Control Act’s (TSCA) Chemical Data Reporting (CDR) regulations need to consider and address new Environmental Protection Agency (EPA) provisions governing reporting of...more

Bergeson & Campbell, P.C.

EPA Publishes Updated Data On TSCA CBI Reviews

On April 10, 2020, the U.S. Environmental Protection Agency (EPA) published a quarterly update of the Toxic Substances Control Act (TSCA) confidential business information (CBI) review statistics. The data summarize the...more

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