Key takeaway
What This Development Means
EPA has published its planned approach for TSCA CBI claims that begin expiring in June 2026, detailing how notice will be provided and how companies can substantiate extension requests.
When do TSCA CBI claims expire and what is the key deadline to act?
Non exempt TSCA CBI claims expire no later than 10 years after submission, and EPA indicates the first claims will expire in June 2026. EPA plans to provide notice at least 60 days before expiry, but companies should plan earlier so they can decide whether confidentiality is still needed and, if so, submit a substantiated extension request before the statutory deadline.
How can a company extend expiring TSCA CBI claims without losing protection?
EPA explains that a company must submit a request for extension that substantiates the need for continued confidential treatment, and it must be filed not later than 30 days before the claim expires. EPA expects extension requests to be submitted electronically via its Central Data Exchange, and it will review each request and decide whether to grant up to an additional 10 years of protection.
The US Environmental Protection Agency has issued a notice setting out how it intends to manage expiring TSCA CBI claims, a change that matters for any company that has filed confidential information under the Toxic Substances Control Act since mid 2016.
Under amendments introduced by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, non exempt TSCA CBI claims expire no later than 10 years after submission. EPA states that the first TSCA CBI claims will reach that point in June 2026, creating a near term planning deadline for legal, regulatory and product stewardship teams.
How The TSCA CBI Claims Expiry Process Will Work
EPA explains it will provide notice of impending expiry not later than 60 days before a claim expires. The Agency anticipates publishing a public list of TSCA submissions with expiring claims and may also send direct notices via the Central Data Exchange (CDX).
The notice highlights that TSCA CBI claims for specific chemical identity can be tied to the first approved confidentiality claim for that substance’s identity. Subsequent submissions that also claim identity confidentiality do not reset the clock, so later submitters may face an earlier than expected expiry date based on the original claim timeline.
To keep protection in place, companies must submit an extension request that substantiates the need for continued confidential treatment. EPA notes the statutory deadline is not later than 30 days before expiry, and an approved extension can last up to an additional 10 years. If no timely extension request is filed, EPA may no longer be required to safeguard the information and it could become public without further notice.
What Companies Need To Do Before Claims Expire
EPA recommends that entities review whether confidentiality is still needed, identify technical contacts for the relevant submissions, and ensure CDX accounts and contact details are current. EPA is developing an electronic tool for extension requests and expects the process to begin in spring 2026, with further guidance to follow.
Summary
EPA’s notice makes clear that TSCA CBI claims are moving into an expiry and renewal cycle that begins in June 2026. Companies that rely on confidentiality for chemical identities or other submissions should audit filings, verify CDX access and plan for substantiated extension requests so that confidential information is not unintentionally released during routine TSCA disclosure processes.
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