US chemicals law
TSCA data reimbursement for chemical test data
Updated
When the EPA requires testing under TSCA section 4, companies that did not test can be made to reimburse those that did. These are the rules, quoted.
Fair and equitable reimbursement
40 CFR Part 791 sets procedures and criteria for fair amounts of reimbursement for testing costs incurred under TSCA section 4(a), because section 4(c) requires the EPA to make rules on fair and equitable reimbursement.
Source: 40 CFR Part 791
Part 790 defines the reimbursement period as starting when the data from the last non-duplicative test under a test rule are submitted to the EPA and running for as long as the data took to develop, or five years, whichever is later.
Source: 40 CFR Part 790
Keeping test data confidential
The EPA reviews and determines confidential business information claims under TSCA section 14, which is how a submitter keeps commercially valuable data out of public view. A company planning to license its data should know which of its submissions carry such a claim.
Source: US EPA, TSCA CBI
Who takes materials data outside these rules is at materials data licensing.