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.