1998 EPCRA 313 Q&A, Question # 721

721. For claiming trade secrets under EPCRA Section 313, would disclosure, without a confidentially 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

Additional Details

Question # 721 Source EPCRA Section 313 Questions and Answers (Revised 1998 Version) (PDF)(306 pp, 3.4 MB, November 1998)
ID 98-721 Status Archived
Category 7. Trade Secrets Subcategory
Keyword(s) Confidentiality Agreement Public Disclosure, Trade Secret
Updated Q&A Question Number 879
Prior Q&A [Archived] Question Number 550, 1997 EPCRA 313 Q&A
Prior Source: [Archived] Question Number 550, 1997 EPCRA 313 Q&A: Trade Secret-Confidentiality Agreement; Trade Secret-Public Disclosure. Type of Change: No Change to the Original - No Change to the Original indicates that either no change was made between the original Q"A and the 1998 version of the Q"A or that the only edits that were made involved punctuation changes. Description of Substantive Edits: NA - NA indicates no substantive edits were made to the original Question and Answer.