Chemical Data Reporting Instructions Regarding Confidentiality
Please note that Confidential Business Information (CBI) must not be submitted by e-mail. Also see Chapter 5 of the Instructions document on procedures for submitting CBI.
Information submitted to EPA under the Chemical Data Reporting (CDR) rule may be claimed confidential. However, such claims must be made at the time of submission and substantiated in accordance with those regulations. Each processing and use data element claimed as CBI now requires upfront substantiation. Submitters must also provide upfront substantiations of confidentiality claims for site or chemical identity. A blank response or a response that is designated as "not known or reasonably ascertainable" may not be claimed as confidential (40 CFR 711.30).
In addition, EPA highly recommends that you review all confidentiality claims carefully to ensure that the CBI in question fully meets the requirements set forth in 40 CFR Part 2, Subpart B.
You may assert a claim of confidentiality for the identity of the manufacturing (including importing) site if the linkage of the site with a reportable chemical substance is confidential and not publicly available. Claiming a site identity as confidential protects the release of the site name, address, city, county, state, zip code, and Dun & Bradstreet number.
Claiming site identity confidential does not protect the link between the chemical identity and the company name unless you check the CBI box associated with the company name. A claim of confidentiality of the identity of a manufacturing site must also be accompanied with detailed written answers to the substantiation questions listed by a 40 CFR 711.30(c)(1). EPA believes that claims for confidentiality of site information should be limited to instances in which they are absolutely necessary and legally justified.
Additionally, processing and use data elements can be claimed CBI if you have reason to believe that release of the information would reveal trade secrets or confidential commercial or financial information. New for the 2012 CDR reporting, EPA required upfront substantiation of CBI claims for these data (40 CFR 711.30(d)(1). For more information on claiming information on your CDR submission as CBI, refer to Chapter 5 of the Instructions document, call the TSCA hotline at (202) 554-1404, or send an e-mail to the TSCA-Hotline (TSCA-Hotline@epa.gov).