In May 2010, the US EPA proposed changes to their policy on Confidential Business Information (CBI) to improve transparency with TSCA submissions. New CBI claims would undergo more rigorous evaluation and claims of confidentiality will be denied unless the chemical identity contains mixture information specifically protected by law. In addition, EPA Administrator Lisa Jackson promised to review many of the past CBI claims and declassify chemicals when individually cited in health and safety studies. The declassification of the chemical identity would make the information available to the public.
On February 10th, the implication of this new directive was immediately apparent when five companies were notified by the US EPA that the identities of 14 chemicals were not eligible for confidential treatment under TSCA. The companies have until the 31st day after the notification to challenge the order in federal court or the chemical identities will be disclosed.
This action has sparked new opposition from industry and trade associations. In the past, many have claimed that industry has been guilty of overusing claims of CBI for many of their chemicals and products, which is why the policy revisions are necessary. However, others contend that releasing too much information could negatively impact innovation within the chemical industry by endangering proprietary secrets and formulations to competitors.
Revising TSCA policy to increase the public’s knowledge is a good step, but a proper balance between secrecy and transparency is needed to ensure that actual trade secrets remain confidential while the public is still made aware of chemicals that have been linked to health and safety concerns.
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