General Industry News

Confidentiality Chemical Claims Cancelled

The EPA has moved to remove company's ability to claim confidentiality for chemicals required to be reported under TSCA.

The EPA has notified five companies that the identities of 14 chemicals associated with a number of health and safety studies submitted under the Toxic Substances Control Act (TSCA) and claimed as confidential are not eligible for confidential treatment. The action comes as part of Administrator Lisa P. Jackson’s continued efforts to increase public access to chemical information to help Americans understand risks posed by chemicals in our environment.

Last year, the EPA put in place a plan to review confidentiality claims for the name of chemicals addressed in health and safety studies. Under these new procedures the agency is moving to declassify many chemical identities so they are no longer secret. More chemical names connected with health and safety studies will be released in the future. The agency plans to deny confidentiality claims for chemical identity in health and safety studies provided to the agency under the TSCA unless the chemical identity contains process or mixture information that is expressly protected by the law.

“The public deserves access to critical health and safety information on chemicals, but if the name of the chemical is kept secret in the health and safety report, the information is of no real value to people,” said Steve Owens, EPA’s assistant administrator for the Office of Chemical Safety and Pollution Prevention. “We are committed to increasing the American people’s access to this important information.”

Under the TSCA, companies may claim that information they submit to the EPA should be treated as confidential business information (CBI) and not be disclosed to the public. Companies that manufacture, process, or distribute chemicals are required to immediately provide notice to the EPA if they learn that a chemical presents a substantial risk of injury to health or the environment. The reports are made available on the EPA’s website, but when the identity of the chemical has been claimed confidential by a company, the name of the chemical has been removed from the copy of the report that is made public.

The EPA has begun reviewing past CBI claims for chemical identity in health and safety studies. Where the agency determines that the information is not eligible for confidential treatment under the law, the EPA will notify companies of the determination and that the gency will make the information available to the public on the 31st day after receiving the determination unless the company challenges the disclosure in federal court.

More information on the EPA’s efforts to increase transparency, for a copy of the letter, and additional information on the notifications on declassifications at this website.

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Roy D. Bigham has been the editor of Pollution Engineering since 2002. Bigham attended Eastern Michigan University where he majored in chemistry and computer science with an associates degree in mathematics. He has worked as a laboratory technician at a research laboratory, managed an electroplating operation and an associated analytical laboratory. He spent three years overseeing environmental operations of five domestic and five overseas operations for a major manufacturer in the Detroit area. He then managed a field services department for an environmental analytical laboratory before moving on to a position as an environmental engineer for a construction aggregates company.

Bigham won a design award for a waste water treatment system for a landfill in the Detroit area from the State Chamber of Commerce. He has been active in the environmental field since 1980.

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