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Confidential Business Information under TSCA

Unique Identifiers for Approved TSCA CBI Claims

When EPA approves a confidential business information (CBI) claim for specific chemical identity, the Agency is required to:

  • assign a unique identifier to that chemical identity;
  • apply this unique identifier to other information or submissions concerning the same substance; and
  • ensure that any non-confidential information received by the Agency identifies the chemical substance using the unique identifier while the specific chemical identity of the chemical substance is protected from disclosure.

TSCA section 14(g)(4)(B) requires EPA to ‘‘annually publish and update a list of chemical substances, referred to by their unique identifiers, for which claims to protect the specific chemical identity from disclosure have been approved, including the expiration date for each such claim.’’ On December 18, 2019, EPA published a new list of unique identifiers assigned to chemical substances for which EPA has approved a confidentiality claim for specific chemical identity since the enactment of the TSCA amendments.

Unique identifiers are also now included on the TSCA inventory which is published on a biannual basis. When a CBI claim for a specific chemical identity that has previously been assigned a unique identifier is denied or withdrawn, the unique identifier will remain associated with the now non-CBI entry for the chemical substance on the TSCA Inventory. These unique identifiers will connect the specific chemical identity previously listed on the confidential portion of the TSCA Inventory with other relevant information in the Agency's holdings.