Protection for Trade Secrets Under the Toxic Substances Control Act of 1976

This article will examine the protection provided by the Act and the measures the EPA has adopted for implementing the Act’s provisions. The approach will be to focus on the different functional areas in which disclosure may take place. Part I examines the scheme for designating information as confidential and the mechanics of the reporting system under TSCA. Part II deals with disclosures of confidential information made while implementing the TSCA. Part ID focuses on legal disclosures of information submitted as confidential. Finally, Part N examines the measures taken within the EPA to guarantee the safety of confidential information, the penalties for persons illegally disclosing such confidential information, and the remedies for an affected business.