TSCA 30/30: November 9, 2016

Keller and Heckman LLP and Cardno ChemRisk present a webinar series on the changes to the Toxic Substances Control Act (TSCA) resulting from the June 22, 2016 passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act).

November 9th Topic:  Claiming CBI and Substantiation Issues

The Lautenberg Act completely overhauled the confidential business information (CBI) provisions of TSCA section 14, and EPA has started implementing the new requirements!  Companies must now substantiate all claims to protect chemical identity and 25% of all other claims submitted after enactment, and old claims must be substantiated upon certain triggering events.  Each CBI claim or substantiation response must now be accompanied by a statement, certified by an authorized official, that (1) the company has taken reasonable measures to protect the information, (2) the information is not required to be disclosed to the public under any Federal law, (3) there is a reasonable basis to conclude the disclosure would likely cause substantial competitive harm, and (4) there is reasonable basis to believe that the information is not readily discoverable through reverse engineering.  False statements could result in criminal penalties against the authorized official.  EPA must issue determinations whether to grant or deny such claims within 90 days.    

Topics included:

        - EPA’s recent implementation actions

        - Issues in the new CBI process

        - How to substantiate

        - Impact of reverse engineering, commercial and industrial intelligence

        - What companies should do

To view this webinar, click here.