Confidential Business Information under TSCA

This week, I sat down with Dr. Richard Engler, our Director of Chemistry, to discuss Confidential Business Information (CBI). CBI is both a term of art under the Toxic Substances Control Act (TSCA) and can be understood broadly to be anything from trade secrets to you know, the secret sauce of a chemical formulation that makes a product profitable. In our conversation, we focused on how this concept of CBI functions under TSCA and how businesses need to handle CBI during the EPA’s chemical review process. Rich is the perfect person to discuss the concept of CBI. Rich is 17-year veteran of the U.S. Environmental Protection Agency (EPA). He has participated in thousands of Toxic Substances Control Act (TSCA) substance reviews at EPA, and knows the ins-and-outs of how CBI should be handled. Our conversation touches upon some of the most important legal and business considerations when dealing with CBI and the EPA: how the EPA exactly defines CBI, where problems can arise, and how to avoid these through careful preparation and planning. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW.