TSCA CBI Claims Face Heightened Litigation and Imminent Expiration Deadlines

Confidential Business Information (CBI) protections under TSCA are facing increased scrutiny due to active NGO litigation and major upcoming CBI expiration deadlines. A federal court has ordered EPA to release hundreds of previously redacted PMNs by March 23, 2026, heightening disclosure risk for companies. At the same time, the first wave of 10 year CBI expirations begins in June 2026, requiring companies to reassert and substantiate claims or risk automatic public release. EPA is notifying submitters with short 30 day response windows and plans to deploy a new CDX based renewal tool this spring. Companies should urgently evaluate existing CBI claims, prepare substantiation, verify CDX access, and develop a renewal strategy to avoid inadvertent loss of confidentiality.

On February 25, 2026, Keller and Heckman LLP Partners Tom Berger and Herb Estreicher, Ph.D. presented a TSCA 30/30 webinar which addressed potential litigation and the upcoming CBI deadlines. Below is a summary of their discussion.

Ongoing Litigation May Influence EPA’s CBI Approach
In EDF et al. v. EPA Administrator (D.D.C. 2020), NGOs allege that EPA is improperly withholding information from PMN filings and health and safety studies. Claims include failures to provide complete and timely public notices, incomplete public files, and over‑redaction of risk‑related information. A December 24, 2025, court order requires EPA to release several hundred unredacted PMNs and thousands of attachments by March 23, 2026, subject to a protective order.

The protective order preserves confidentiality (no waiver), restricts CBI filings to sealed submissions, limits discussion of CBI to closed hearings, and requires plaintiffs’ counsel to destroy or return all CBI at the conclusion of litigation.

EPA Notices Trigger Tight Response Windows
On January 23, 2026, EPA began notifying PMN submitters of its intent to disclose unredacted PMNs under the protective order. Submitters have only 30 days to initiate a court challenge. Companies should quickly evaluate CBI claims, substantiation, and potential competitive harm.

First Wave of 10‑Year CBI Expirations Begins June 2026
Under TSCA § 14(e), CBI claims expire 10 years after assertion unless submitters reassert and substantiate their claims at least 30 days before expiration. EPA will provide a 60‑day notice but has stated that if no extension request is received 30 days before the deadline, information may be released without further notice.

EPA will publish the first list of expiring claims in April and plans to launch a new CDX-based tool in June.

Two Key Expiration Categories:

• Non‑chemical identity CBI: Expires 10 years from the claim date.
• Specific chemical identity CBI: Expires 10 years from the earliest approved post‑LCSA claim for that chemical by any submitter.

The TSCA Inventory’s “EXP” field now serves as a critical indicator of pending expirations.

Recommended Actions for Companies
Counsel should ensure immediate readiness by:

• Reviewing the Inventory for upcoming “EXP” deadlines.
• Verifying CDX access, contacts, and organizational IDs.
• Assessing whether older (pre‑CDX) filings contain CBI nearing expiration.
• Preparing substantiation consistent with 40 C.F.R. § 703.5.
• Mapping a company‑wide CBI renewal timeline.

With unredacted PMNs soon to be exchanged under court order and the first major expiration cycle approaching, companies face both litigation‑driven and regulatory risks. Proactive preparation will be essential to preserve confidentiality and minimize disclosure exposure.

View the webinar recording and learn more about the TSCA CBI, potential litigation, and the looming deadlines.

For more information or questions related to TSCA CBI, contact Tom Berger (berger@khlaw.com, 202.434.4285) or Herb Estreicher, Ph.D. (estreicher@khlaw.com, 202.434.4334).

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