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TSCA CBI Declassification Challenge

Announcements

February 14, 2012 -- EPA is encouraging industry participants to focus their declassification efforts in FY 2012 on TSCA section 8(e) submissions filed with the Agency between FY1991-94 and after 2001. Instructions on how to declassify these materials can be found on this page. For further information contact Scott Sherlock at (202) 564-8257 or at sherlock.scott@epa.gov

As a part of Administrator Lisa P. Jackson’s commitment to increase transparency, in 2010 EPA has 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.

This Web page contains instructions for companies to declassify their CBI, and describes an effort to speed declassifications in 2012:

FY 2012 Voluntary Challenge Program: Priority Focus on FY91-94 TSCA section 8(e) filings and post May 2001 TSCA section 8(e) filings.

To facilitate industry reviews and declassifications, EPA is providing assistance in accessing copies non-confidential versions of filings identified as a priority.

The priority reviews consist of approximately 4,000 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 and declassify, when possible, filings directed to the Agency between September 1991 and September 1994 and those directed to the Agency after May, 2001.

To help industry submitters find and review priority documents, EPA has created an index of subject documents identified document control number (DCN), 8E number and date of submission. WEBSITE. The Agency is also posting non-CBI versions of the documents in Chemical Data Access Tool (CDAT). The non-CBI versions of priority documents will be accessible from CDAT by DCN.

For companies participating in the CBI Voluntary Challenge, EPA has made available an index documents identified by document control number. Please enter the document numbers in 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.

For further information on this effort, contact Scott M. Sherlock at (202) 564-8257 or at Sherlock.scott@epa.gov.

In instances companies fail to review and declassify the priority documents, when appropriate, EPA will initiate reviews and possibly administrative actions consistent with TSCA and its implementing regulations.

How to Declassify Documents.

Industry submitters should follow the procedures described below for giving notice to the Agency on declassifying TSCA CBI materials:

Process for Declassifying Documents under the FY 2012 Effort.

  1. Information owner reviews indexes and individual filings designated as priority for this effort.
  2. Information owner determines whether CBI claims within filings are consistent with law or necessary to protect interests of information owner.
  3. For each document to be declassified, information owner prepares a new document with “declassified” information (i.e. chemical name, health and safety data, etc) included.
  4. “Declassified documents” should be sent to the address listed below.
  5. Information owners are requested to provide either declassifications or progress on reviews no later than May 31, 2012.
  6. Information owners are invited to review and declassify other materials directed to the Agency under the authority of TSCA.

Declassification Process for TSCA Health and Safety Filings

Request to declassify information should contain:

Direct packages to:

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.

Facsimile


Attention: TSCA Declassification Coordinator, 202-564-8955

For TSCA Inventory Submissions, including original inventory submissions and TSCA section 5 (notices of commencement)

Package should contain:

Direct packages to:

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

Facsimile

Attention: Industrial Chemistry Branch: 202-564-8955

Background

On June 4, 2010, Steve Owens, 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:

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