EPA Provides Update on Expiring Confidential Business Information Claims Under the Toxic Substances Control Act

Released January 5, 2026

Today, U.S. Environmental Protection Agency (EPA) is announcing the process the agency intends to use to notify companies of upcoming expiring confidential business information claims (CBI) under the Toxic Substances Control Act (TSCA) and how companies can request an extension of expiring CBI claims.

As part of this Administration’s commitment to transparency, EPA strives for open access to chemical information while respecting legal obligations and well-supported claims of confidentiality. Having access to this information strengthens trust, collaboration and innovation and is essential for stakeholders and the public to make informed decisions about health and environmental protections. TSCA allows companies to claim certain chemical information, like a chemical’s name, structure and use, as confidential – meaning EPA is legally not allowed to publicly release this information. Under TSCA, most CBI claims expire 10 years after submission. Expirations are for claims submitted shortly after TSCA was amended in June 2016 by the Lautenberg Act and will occur in June 2026.

In early spring, EPA will post the first list of TSCA submissions with CBI claims expiring starting in June of 2026 on the agency’s TSCA CBI website. The agency will also send direct notices to submitters with expiring claims via the Central Data Exchange (CDX), EPA's electronic reporting system. EPA recommends that companies review lists of submissions with expiring CBI claims to determine if an extension is necessary. The expiration date for chemical identity claims can be found on the TSCA inventory. Those dates are contained in the column labeled “EXP.”
To request extension of an expiring CBI claim, companies must submit a request electronically via CDX no later than 30 days prior to the expiration date of the claims. The request must include substantiation of the need to extend the period of CBI protection. 

EPA is developing a new tool in CDX to collect these requests and expects to have the CDX tool in place prior to June 2026, the time claims begin to expire. If completion of this tool is delayed, EPA will provide notice of this delay and provide an estimated date of completion on the TSCA CBI website. EPA will not release any information subject to expiring claims until companies are given the opportunity to submit extension requests. EPA will review extension requests and either grant an extension or deny the request.  If EPA does not receive a request for extension at least 30 days prior to the claim expiration, the agency is not required to safeguard the CBI from disclosure, and the information may be made public without further notice to the submitter. 

The regulated community should monitor EPA communications, the Federal Register and the TSCA CBI website for further information relating to the expiration of confidentiality claims for information submitted under TSCA.