CBI Claim Expiration

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Introduction

TSCA section 14(e) (26 USC 2613) limits the duration of most confidential business information (CBI) claims to 10 years from the date of the original submission, unless the submitting company requests and EPA approves an extension. Without an approved extension, EPA may make the claimed information public without further notice. The first group of CBI claims submitted by companies after the Lautenberg Act was signed into law in 2016 will expire in June 2026 unless requests for extension for those claims are submitted and substantiated within established timeframes. 

To reassert an expiring CBI claim for up to an additional 10 years, a company must submit a request for an extension that substantiates the need for continued protection of the information from disclosure. The information below describes which CBI claims require an extension, how EPA will notify submitters of expiring CBI claims, the process for requesting an extension, and the EPA review process.

List of Expiring Claims  

Below is a list of TSCA CBI claims that will expire between June 22, 2026, and July 31, 2026. To maintain accuracy and provide timely updates, EPA will refresh this list on a monthly basis as claims approach their expiration date. Companies are strongly encouraged to carefully review the list (and future lists) and verify whether any of their claims are included. 

For confidentiality claims for specific chemical identities, submitters can consult the TSCA inventory to determine expiration dates for substances for which they have made TSCA submissions. Those dates are contained in the column labeled “EXP.” 

In addition, EPA is sending a direct notice to the original submitter of each CBI claim via the agency’s electronic document system, the Central Data Exchange (CDX). To receive timely notice, EPA strongly advises submitters to keep their company contact information updated in CDX. Submitters should take care to preserve their CDX passphrases to expedite access to their TSCA submissions. Companies with lapsed or inaccessible CDX accounts should re-establish that access by contacting the CDX help desk (helpdesk@epacdx.net) as soon as possible.   

Is my CBI Claim Expiring?

Confidentiality claims for most information submitted under TSCA expire 10 years after the date on which the claim was asserted. That means most confidentiality claims expire 10 years from the date of the TSCA filing in which information was submitted to EPA. CBI claims for the specific chemical identity of a substance, however, are set 10 years from the submission date of the first approved CBI claim for that specific chemical identity made by any TSCA submitter after June 22, 2016 (see 83 FR 30168 (June 27, 2018)). This means that subsequent submitters for the same specific chemical identity may learn that the CBI claim applicable to their submission expires less than 10 years from the date of their actual submission. Expiration dates for chemical identities are available on the TSCA Chemical Inventory.

While claims for most information submitted under TSCA and claimed as confidential are subject to expiration, certain information identified as exempt from substantiation and EPA review under TSCA section 14(c)(2) is also exempt from expiration under TSCA section 14(e)(1)(B). Broadly, this includes the following categories of information:

  1. Specific information describing the processes used in manufacture or processing of a chemical substance, mixture, or article;
  2. Marketing and sales information;
  3. Information identifying a supplier or customer;
  4. In the case of a mixture, details of the full composition of the mixture and the respective percentages of constituents;
  5. Specific information regarding the use, function, or application of a chemical substance or mixture in a process, mixture, or article;
  6. Specific production or import volumes of the manufacturer or processor; and,
  7. Prior to the date on which a chemical substance is first offered for commercial distribution, the specific chemical identity of the chemical substance, including the chemical name, molecular formula, Chemical Abstracts Service (CAS) number, and other information that would identify the specific chemical substance, if the specific chemical identity was claimed as confidential at the time it was submitted in a notice under TSCA  section 5.

Information exempt from substantiation requirements is described in EPA’s regulations at 40 CFR Part 703.5(b)(5)(ii) and (ii). In addition, individual TSCA reporting applications and specific reporting rules generally indicate which information elements are exempt or may be exempt from upfront substantiation requirements (see, e.g. 40 CFR 711.30(a)(3)). 

If a submitter is uncertain as to whether particular information is covered by one of the exemptions (i.e., neither the reporting form nor applicable reporting rule list specifically indicate that the information is exempt under section 14(c)(2)) but would like the information to remain as confidential, they should submit a request for extension, substantiating the need for an additional period of protection. If EPA does not receive a request for extension and the information is not clearly subject to one of the listed exemptions, EPA would conclude that the submitter is allowing the confidentiality claim to expire, and the information could be made available to the public without notice to the submitter.

How do I request an extension of my expiring TSCA CBI claims?

If you receive notification that you have expiring TSCA CBI claims and you would like to extend the period of protection for up to an additional 10 years, you will need to file a TSCA Section 14(e) CBI Claim Extension Request using the reporting application in EPA’s Central Data Exchange (CDX).  All companies must make requests for extending TSCA CBI claims electronically using the application in CDX.  All extension requests must be made no later than 30 days before the claim expiration date.

The specific requirements for substantiation are detailed in 40 CFR 703.5(a) and (b), which generally requires a supporting statement and certification of the following:

  • The submitter has taken reasonable measures to protect the CBI;
  • The CBI is not required to be disclosed under federal law;
  • Disclosure of the CBI would cause substantial harm to the competitive position of the company;
  • The CBI is not readily discoverable via reverse engineering.

Individuals involved with completing the request for extension form can register in CDX at any time. The CDX Chemical Safety and Pesticide Programs (CSPP) Registration User Guide walks through the CDX registration process.

Once you have access to CDX, follow the instructions below to create a CBI Claim Extension request:

  1. Begin electronic reporting by logging into CDX. 
  2. Once logged in, choose the CSPP “Primary Authorized Official” or “Secondary Authorized Official” link on the MyCDX screen. 
  3. Select “TSCA Section 14(e) - CBI Claim Extension Request” from the drop-down menu on the Chemical Information Submission System and click the “OK” button.
  4. If creating a new form, on the “TSCA 14(e) CBI Claim Extension Request” click on “Create Form”.
  5. Create a Passphrase that will be associated with that form. Make sure to create a passphrase that you will remember, as it cannot be retrieved or reset. Click “Continue” after you have entered your Passphrase and Hint.
  6. On the “Form Information” screen, enter a Form Alias for this form.  The Form Alias is a custom, user-defined name assigned to a specific submission or form, that will appear on the submission history table, to help identify the submission later. 
  7. After the Form Alias has been entered, select what type of information the request for extension is to cover.  It is important to note that requests to extend confidentiality claims for specific chemical identity must be made separately from other information. 
  8. Chemical Identity (This step applies to requests for extension for confidentiality claims for chemical identity. Go to Step 9 if you want to request an extension for confidentiality claims for information other than chemical identity).
    1. Enter the accession number for which you are submitting the request for extension. Note that only accession numbers for which notice of expiration has been provided are available to request an extension.
    2. Indicate whether you will support your CBI claim extension by providing new substantiation responses or by using substantiation from a previous submission.
      1. If you select to submit new substantiation responses, click the “Save” button
      2. If you select to use substantiations from a previous submission, enter the reference case number in the field and click the “Save” button.
    3. Note that multiple chemical identity requests for extension can be made in a single submission by repeating steps a-c for each chemical.
    4. After you have saved all the accession numbers to be include in the request for extension, click “Next”.
    5. If you have indicated that you wish to support your CBI claim extension by providing new substantiation responses, those accession numbers will be displayed on the “CBI CLAIMS AND SUBSTANTIATIONS” screen. Click the down arrow next to “Chemical Identity Claims” to expand the list of accession number(s) to substantiate. Click a row in the list to provide responses to the substantiation questions that are displayed on the right side for each accession number for which a request for extension is being made.  Be sure to save your responses before substantiating another chemical or trying to navigate to a different screen.
    6. Once the substantiation responses have been entered for each chemical, please click “Next” and proceed to Step 10.
  9. Non-Chemical Identity (This step applies to requests for extension for confidentiality claims for information other than chemical identity. Go to Step 8 if you want to request an extension for confidentiality claims for chemical identity).
    1. Enter the case number for which you are submitting the request for extension. Note that only case numbers for which notice of expiration has been provided are available to request an extension.
    2. Indicate whether you will support your CBI claim extension by providing new substantiation responses, will be relying on the substantiation responses in the original submission, or by using substantiation from a different submission. 
      1. If you select to use substantiations from a previous submission, enter the reference case number in the generated field and click the “Save” button.
    3. After selecting how you will be substantiating your request for extension, click “Next”.
    4. On the optional “Original Submitter Information” screen, if the company associated with your CDX account is different than the company that made the original submission, fill out the fields on this page to explain why. This could include things like mergers, acquisitions, the sale of certain business units, company rebranding, etc. If the company information is consistent, nothing needs to be entered into in these fields. Click “Next” to move to the next screen.
    5. If you have indicated that you wish to support your CBI claim extension by providing new substantiation responses, the case number will be displayed on the “CBI CLAIMS AND SUBSTANTIATIONS” screen. Click the down arrow next to “Non-Chemical Identity Claims” to expand the list to show the case number of the submission for which the request for extension is being made. Click the row in the list to provide responses to the substantiation questions that are displayed on the right side for the submission for which the request for extension is being made.  Be sure to save your responses before trying to navigate to a different screen.
    6. Once the substantiation responses have been entered, please click “Next”.
  10. On the “SUBMITTING OFFICIAL INFORMATION” screen, most of the information should be populated from your CDX account.  Please enter any missing information and then read the statement and check the box to confirm that you are the legally responsible party for the submitting company, prior to clicking “Start the Submission Process”.
  11. On the “TSCA CBI Certification,” please read the statement displayed and click “Continue”.
  12. On the “Cross-Media Electronic Reporting Regulation (CROMERR) Certification,” please read the statement displayed and click “I Certify” to certify that you have read and agree with the statement.
  13. On the “PDF Generation” screen, please click “Download PDF” and review the information you entered is correct prior to finalizing your submission. Once you are ready to submit, click “Sign, Encrypt, and Submit”. You must click “Accept” to the certification which pops up to finalize and submit your Request for Extension.

When is the Request for an Extension Due?

Companies must submit their request for an extension no later than 30 days before the date that the CBI claim is set to expire. If EPA does not receive a timely request for an extension, the agency is no longer required to safeguard the information as CBI. See 15 USC2613(g)(2)(C)(iii)(ll). After that time, the information may be made public without further notice to the submitter.

EPA Review of Requests for Extensions

EPA will review each request for an extension and either grant or deny the request no later than the expiration date of the CBI claim. If approved, the confidential information will be protected from disclosure for up to an additional 10 years, unless the claim is later denied by EPA or withdrawn by the submitter.

If EPA denies an extension request, TSCA section 14(g)(2) requires that EPA notify the submitter in writing of the reasons for the denial at least 30 days prior to the intended disclosure of the information. EPA will make this notification via CDX, consistent with 40 CFR 703.5(h). 

Frequently Asked Questions

Q: How are expiration dates for TSCA confidentiality claims determined?

A: TSCA section 14(e) sets the expiration date for confidentiality claims made in TSCA submissions as 10 years from the date the claim is asserted. For most claims that means 10 years from the submission date of the TSCA filing in which information was submitted to EPA. Subsequent amendments to that initial submission do not establish a new expiration date for the information. 

For confidentiality claims for specific chemical identity, the expiration date is calculated based on 10 years from the first submission with a claim for the specific chemical identity of the substance received after the enactment of the TSCA amendments on June 22, 2016. Because more than one company can make submissions on the same chemical substance, but TSCA requires publishing an expiration date for each substance on the confidential portion of the TSCA inventory (TSCA section 8(b)(7)((C)(ii)), confidentiality claims for specific chemical identity are calculated using the first submission on that substance regardless of the submitting company. 

Later submissions made for the same substance that also claim the specific chemical identity do not reset or extend the expiration date. As such, submitters should consult the TSCA inventory to determine expiration dates for substances for which they have made TSCA submissions, even if those submissions are more recent than 10 years. 

Q: Can a submitter request an extension of their confidentiality claims prior to receiving notice of impending expiration?

A: No, requests to extend should not be submitted until notification has been provided, either directly through CDX or through published lists of submissions or chemical substances with expiring claims. Also, EPA will only accept requests for extension submitted through the CDX reporting application, which will be available prior to the first claims expiring.

Q: What can a company do to prepare for expiring confidentiality claims?

A: EPA recommends that companies review their records of submissions made on or after June 22, 2016, to determine the submissions with CBI claims for which they might seek to extend the period of CBI protection. 

For claims relating to the specific chemical identity of chemical substances, EPA recommends reviewing the TSCA inventory (available at https://www.epa.gov/tsca-inventory/how-access-tsca-inventory) to determine the expiration date of those CBI claims. This information is contained in the column labeled “EXP”. 

EPA recommends that entities that submitted TSCA information beginning in 2016 should consider several issues well in advance of the end of the 10 year period of CBI claim protection: 

  • CBI claim submitters should assess whether the CBI claims need to be renewed. 
  • CBI claim submitters should identify the person(s) designated as the authorized official and/or technical contact(s) for any TSCA submissions asserting an expiring CBI claim.  
  • Companies or company contacts with lapsed or inaccessible CDX accounts should reestablish that access by contacting the CDX helpdesk at helpdesk@epacdx.net as soon as possible.  
  • Submitters should take care to preserve passphrases for TSCA submissions made in CDX to allow for future access to submissions. 

Q: Can confidentiality claims asserted in original submissions be modified or may new confidentiality claims be added? 

A: No, confidentiality claims may not be modified and new claims may not be added. Additionally, any information that was claimed as confidential in the original submission that was later denied by EPA or claims withdrawn by the submitter are no longer confidential and may not be revived through the request for extension process. When a TSCA submitter makes a request for extension of CBI claims that are due to expire, that request only applies to information that is considered valid confidential business information at the time of the request for extension. 

Q: How do I submit a copy of record request if I need to see my original submission and I have not maintained a copy and no longer have access to the submission in CDX?

A: If you are unable to access your CBI submission(s) in CDX due to a lost passphrase, you can request a copy of the submission(s) from EPA.

To obtain a copy of your submission(s), use the CDX communications tool to send a copy of record request to EPA. Read the quick reference guide for the communications tool.

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Last updated on April 23, 2026