[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR350.17]

[Page 404-405]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
                     Subpart A--Trade Secrecy Claims
 
Sec. 350.17  Appeals.

    (a) Procedure for filing appeal. A submitter may appeal an EPA 
determination under Secs. 350.11 (a)(2)(i) or (b)(2)(i), by filing an 
appeal with the General Counsel. The appeal shall be addressed to: The 
Office of General Counsel, U.S. Environmental Protection Agency, 
Contracts and Information Law Branch, Room 3600M, LE-132G, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.

The appeal shall contain the following:
    (1) A letter requesting review of the appealed decision; and
    (2) A copy of the letter containing EPA's decision upon which appeal 
is requested.
    (b) Appeal of determination of insufficient claim.
    (1) Where a submitter appeals a determination by EPA under 
Sec. 350.11(a)(2)(i) that the trade secrecy claim presents insufficient 
support for a finding of trade secrecy, the General Counsel shall make 
one of the following determinations:
    (i) The trade secrecy claim at issue meets the standards of 
sufficiency set forth in Sec. 350.13; or
    (ii) The trade secrecy claim at issue does not meet the standards of 
sufficiency set forth in Sec. 350.13.
    (2) If the General Counsel reverses the decision made by the EPA 
office handling the claim, the claim shall be processed according to 
Sec. 350.11(a)(1).

[[Page 405]]

The General Counsel shall notify the submitter of the determination on 
appeal in writing, by certified mail (return receipt requested). The 
appeal determination shall include the date the appeal was received by 
the General Counsel, a statement of the decision appealed from, a 
statement of the decision on appeal and the reasons for such decision.
    (3) If the General Counsel upholds the determination of 
insufficiency made by the EPA office handling the claim, the submitter 
may seek review in U.S. District Court within 30 days after receipt of 
notice of the General Counsel's determination. The General Counsel shall 
notify the submitter of its determination on appeal in writing, by 
certified mail (return receipt requested). The appeal determination 
shall include the date the appeal was received by the General Counsel, a 
statement of the decision appealed from, a statement of the decision on 
appeal and the reasons for such decision, and a statement of the 
submitter's right to seek review in U.S. District Court within 30 days 
of receipt of such notice. The petitioner shall be notified by regular 
mail.
    (c) Appeal of determination of no trade secret. (1) If a submitter 
appeals from a determination by EPA under Sec. 350.11(b)(2) that the 
specific chemical identity at issue is not a trade secret, the General 
Counsel shall make one of the following determinations:
    (i) The assertions supporting the claim of trade secrecy are true 
and the chemical identity is a trade secret; or
    (ii) The assertions supporting the claim of trade secrecy are not 
true and the chemical identity is not a trade secret.
    (2) If the General Counsel reverses the decision made by the EPA 
office handling the claim, the General Counsel shall notify the 
submitter of its determination on appeal in writing, by certified mail 
(return receipt requested). The appeal determination shall include the 
date the appeal was received by the General Counsel, a statement of the 
decision appealed from, a statement of the decision on appeal and the 
reasons for such decision. The General Counsel shall send the petitioner 
the notice required in Sec. 350.11(b)(1).
    (3) If the General Counsel upholds the decision of the EPA office 
which made the trade secret determination, the submitter may seek review 
in U.S. District Court within 30 days of receipt of notice of the 
General Counsel's decision. The General Counsel shall notify the 
submitter of the determination on appeal in writing, by certified mail 
(return receipt requested). The notice shall include the date the appeal 
was received by the General Counsel, a statement of the decision 
appealed from, the basis for the appeal determination, that it 
constitutes final Agency action concerning the chemical identity trade 
secrecy claim, and that such final Agency action may be subject to 
review in U.S. District Court within 30 days of receipt of such notice. 
The General Counsel shall notify the petitioner by regular mail.