Confidential Business Information (CBI) under TSCA 8(a)(7)

Under TSCA Section 8(a)(7), manufacturers may claim certain reported PFAS data as Confidential Business Information (CBI). CBI claims protect proprietary information such as specific chemical identities, manufacturing volumes, and processing details from public disclosure. However, EPA applies substantiation requirements—companies must justify why the data qualifies for confidential treatment. EPA retains the data for regulatory use but withholds it from public access if the CBI claim is upheld.

TSCA §15 (confidential information); 40 CFR Part 705; EPA TSCA 8(a)(7) Reporting Instructions.

CBI claims are common in PFAS reporting because companies may not want competitors to know their specific PFAS chemistries or volumes. However, CBI claims add complexity to the reporting process—each claim requires a written substantiation justifying confidential treatment. Improperly substantiated claims can be denied, resulting in public disclosure. Companies should work with legal counsel to identify which data elements genuinely qualify for CBI protection and prepare substantiation documentation in advance.

A specialty chemical manufacturer reporting PFAS fluorosurfactant volumes under TSCA 8(a)(7) claims CBI on the specific CASRN and annual production volume to prevent competitors from identifying the product’s chemical composition. The company must provide written justification explaining how disclosure would harm its competitive position.