Questions and Answers

Each Q&A addresses a specific aspect of TRI reporting. There are a few options available to search the Q&As, which may be used individually or in combination:

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Questions and AnswersKeyword(s)Category(hidden - contains search text)(hidden - contains search text)FedFac
Trade Secret7. Trade Secrets<div style="visibility:hidden">19016 19-016 16 2019 Questions and Answers Consolidation7. Trade Secrets 7. Trade Secrets Trade Secret 16. On the Form R, if I do not check the ‘Trade Secrets’ box in Part I, Section 2.1, what other blocks can I leave blank? Do I still have to fill in the CAS number?If the toxic chemical for which you are reporting is not a trade secret, you may leave the boxes in Section 2.2 blank. The CAS number, however, must be filled in along with the toxic chemical name (Part II, Section 1.1 and 1.2). If you are reporting for a toxic chemical category, no CAS number applies. If you are claiming that the toxic chemical is a trade secret you must enter the generic name in Part II, Section 1.3.</div></b><div style="visibility:hidden"></div></b>-
Trade Secret7. Trade Secrets<div style="visibility:hidden">19878 19-878 878 2019 Questions and Answers Consolidation7. Trade Secrets 7. Trade Secrets Trade Secret 878. How can the identity of a listed toxic chemical be protected from disclosure for trade secrecy purposes?Section 313 allows only the specific identity of a toxic chemical to be claimed as a trade secret. The rest of the Form R must be completed. This information is accessible to the public, including information on releases and other waste management of the toxic chemical. For trade secrecy claims, two versions of the Form R (one identifying the toxic chemical, the other containing only a generic chemical identity) and two versions of a trade secret substantiation form (July 28, 1988; 53 FR 28772) must be completed and sent to EPA. </div></b><div style="visibility:hidden"></div></b>-
Trade Secret7. Trade Secrets<div style="visibility:hidden">19879 19-879 879 2019 Questions and Answers Consolidation7. Trade Secrets Trade Secret 879. For claiming trade secrets under EPCRA section 313, would disclosure, without a confidentiality agreement to the state and/or city having jurisdiction, negate a toxic chemical identity's trade secret status under federal provisions?In general, disclosure of information claimed as trade secret to a federal, state or local government officer or employee, or to the reporter's own employee, would not negate the claim of trade secrecy. However, disclosure of a toxic chemical identity to any other person without a confidentiality agreement would negate the toxic chemical identity's trade secret status under federal provisions. Where a trade secret claim is made, state governors are permitted to request that EPA provide access to all materials relating to this claim. The decision to provide information to any state employee is left to the governor's discretion.</div></b><div style="visibility:hidden"></div></b>-
Public Disclosure; Trade Secret7. Trade Secrets<div style="visibility:hidden">19880 19-880 880 2019 Questions and Answers Consolidation7. Trade Secrets 7. Trade Secrets Public Disclosure; Trade Secret 880. A company with both domestic and foreign operations wishes to claim on a Form R that the identity of a toxic chemical that it processes is a trade secret. The company has entered into confidentiality agreements with all non-government entities that have knowledge of the identity and/or usage of the toxic chemical. These confidentiality agreements prevent the non-government entities from disclosing information about the chemical's identity or usage. The company, however, has not entered into a confidentiality agreement with one of the foreign governments where it operates because the government is required by its laws to keep information regarding foreign business interests confidential. If the company discloses the identity of the chemical to this foreign government, is it required to report this disclosure on a Trade Secret Substantiation Form?Yes. Because the company has not entered into a tangible confidentiality agreement with the foreign government, it must report the disclosure on the Trade Secret Substantiation Form. In other words, it should check 'yes' when answering question 3.2 on the form. However, because the foreign government's laws guarantee confidentiality of the TRI chemical's identity and usage, regardless of the existence of a confidentiality agreement, the identity of the chemical is protected. The company should explain this when answering question 3.1 on the form. </div></b><div style="visibility:hidden"></div></b>-
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