Confidentiality

Information submitted to EPA under the IUR regulation can be claimed confidential. EPA highly recommends that you review all confidentiality claims carefully to ensure that the Confidential Business Information (CBI) in question fully meets the requirements set forth in 40 CFR Part 2, Subpart B, including the substantive criteria for use in confidentiality determinations at 40 CFR §2.208.

You may assert a claim of confidentiality for the specific identity of a chemical substance only if, at the time your report is submitted, EPA already treats the identity of that substance as confidential by listing it on the confidential portion of the Master Inventory File, and the information claimed confidential meets the substantive regulatory criteria cited above. To assert a claim of confidentiality for the identity of a chemical, you must check the appropriate box on the Form U and submit detailed written answers to the questions listed at 40 CFR 710.58(b) and reproduced in Table 5-2 in the Instructions for Reporting for the 2006 Partial Updating of the TSCA Chemical Inventory Database (PDF) (111 pp, 817K, About PDF).

You may assert a claim of confidentiality for the identity of your manufacturing site if the release of that identity would reveal CBI as determined by applying the substantive regulatory criteria. Claiming a manufacturing site as confidential protects the release of the site name, address, city, county, state, zip code, and Dun & Bradstreet number. A claim of confidentiality of the identity of a manufacturing site must be accompanied by additional written information described in 40 CFR 710.58(c) and reproduced in Table 5-3 in the Instructions for Reporting. EPA believes that claims for confidentiality of site information should be limited to instances in which they are absolutely necessary and legally justified.

Additionally, the production volume and other IUR data elements can be claimed as CBI. The form for reporting information under the IUR regulation, Form U, contains CBI boxes for all data elements that can feasibly be claimed as CBI. For more information on claiming information on your IUR submission as CBI, refer to Chapter 5 of the Instructions for Reporting, call the TSCA hotline at (202) 554-1404, or send an e-mail to the TSCA-Hotline (TSCA-Hotline@epamail.epa.gov).

Please note that IUR CBI must not be submitted by e-mail. See Chapter 5 of the Instructions for Reporting on procedures for submitting CBI.

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