Trade secrets
Don't show this message again
(a) Authority to withhold information
(1) General authority
(A)
With regard to a hazardous chemical, an extremely hazardous substance, or a toxic chemical, any person required under section 11003(d)(2), 11003(d)(3), 11021, 11022, or 11023 of this title to submit information to any other person may withhold from such submittal the specific chemical identity (including the chemical name and other specific identification), as defined in regulations prescribed by the Administrator under subsection (c), if the person complies with paragraph (2).
(B)
Any person withholding the specific chemical identity shall, in the place on the submittal where the chemical identity would normally be included, include the generic class or category of the hazardous chemical, extremely hazardous substance, or toxic chemical (as the case may be).
(2) Requirements
(A) A person is entitled to withhold information under paragraph (1) if such person—
(i)
claims that such information is a trade secret, on the basis of the factors enumerated in subsection (b),
(ii)
includes in the submittal referred to in paragraph (1) an explanation of the reasons why such information is claimed to be a trade secret, based on the factors enumerated in subsection (b), including a specific description of why such factors apply, and
(iii)
submits to the Administrator a copy of such submittal, and the information withheld from such submittal.
(B) In submitting to the Administrator the information required by subparagraph (A)(iii), a person withholding information under this subsection may—
(i)
designate, in writing and in such manner as the Administrator may prescribe by regulation, the information which such person believes is entitled to be withheld under paragraph (1), and
(ii)
submit such designated information separately from other information submitted under this subsection.
(3) Limitation
The authority under this subsection to withhold information shall not apply to information which the Administrator has determined, in accordance with subsection (c), is not a trade secret.