EPA's 10-Year Clock: Corporate Secrets Face Expiration
Published Date: 1/6/2026
Notice
Summary
Starting June 2026, some secret business info shared with the EPA under the Toxic Substances Control Act will expire after 10 years. Companies who want to keep their info private can ask the EPA to extend their claims by proving why it’s still needed. This affects businesses that submitted confidential info since 2016 and means they should watch for EPA notices to avoid losing protection—and possibly save money by keeping secrets safe!
Analyzed Economic Effects
5 provisions identified: 1 benefits, 3 costs, 1 mixed.
10-Year CBI Protection Ends in June 2026
If your business submitted confidential business information (CBI) to EPA under TSCA in June 2016 or later, that 10-year protection will start to expire in June 2026. If you do not obtain an extension, EPA would no longer be required to keep that information secret and it may be made public.
How EPA Will Notify and When You Must Act
EPA will provide notice of impending CBI expirations at least 60 days before a claim expires, by publishing a public list and/or sending a direct notice via the Central Data Exchange (CDX). To keep protection, you must submit a substantiated extension request electronically—using the CDX tool—not later than 30 days before the expiration date.
Extensions Can Last Up to 10 More Years
If you request and substantiate a need to extend an expiring CBI claim, EPA may grant an extension that lasts up to an additional 10 years. EPA will review each extension request and either grant or deny it under TSCA and 40 CFR 703.5 rules.
Specific Chemical Identity Claims Expire from First Approval
For claims that protect a specific chemical identity, the 10-year expiration is set from the date of the first approved confidentiality claim for that chemical. Later submissions claiming that same chemical identity do not reset the expiration date, so some submitters may be notified of expiration less than 10 years after their later filings.
Some CBI Types Are Exempt From Expiration
CBI claims that are exempt from substantiation requirements and CBI review under TSCA section 14(c)(2) are also exempt from the 10-year expiration rule. If your claim falls under that exemption, you do not need to reassert or extend it under the 10-year process.
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