OMB Approves EPA’s TSCA Business Confidentiality NPRM

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking for the EPA on “Procedures for Submitting Information Subject to Business Confidentiality Claims Under the Toxic Substances Control Act (TSCA)”. The draft rulemaking was submitted to OIRA on January 20^th, 2022.

According to the Fall 2021 Unified Agenda entry for this rulemaking:

“The Environmental Protection Agency (EPA) is considering proposing new and amended rules concerning the assertion and maintenance of claims of business confidentiality (i.e., confidential business information or "CBI") under the Toxic Substances Control Act (TSCA). Amendments to TSCA in 2016 included several new provisions concerning the assertion and Agency review and treatment of confidentiality claims. EPA is considering procedures for submitting and supporting such claims in TSCA submissions, including substantiation requirements, exemptions, electronic reporting enhancements, and maintenance or withdrawal of confidentiality claims. EPA is also considering whether the proposed rule should also elaborate on EPA’s procedures for reviewing and communicating with TSCA submitters about confidentiality claims. EPA expects the proposed rule to include new provisions, as well as revisions to existing rules on asserting confidentiality claims to conform to the 2016 amendments to TSCA.”