[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: 40CFR350.18]

[Page 405-406]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
                     Subpart A--Trade Secrecy Claims
 
Sec. 350.18  Release of chemical identity determined to be non-trade secret; 
notice of intent to release chemical identity.

    (a) Where a submitter fails to seek review within U.S. District 
Court within 20 days of receiving notice of a determination of the 
General Counsel under Sec. 350.17(b)(3) of this subpart that the trade 
secrecy claim is insufficient, or under Sec. 350.17(c)(3) of this 
subpart that chemical identity claimed as trade secret is not entitled 
to trade secret protection, EPA may furnish notice of intent to disclose 
the chemical identity claimed as trade secret within 10 days by 
furnishing the submitter with the notice set forth in paragraph (d) of 
this section by certified mail (return receipt requested).
    (b) Where a submitter fails to seek review within U.S. District 
Court within 20 days of receiving notice of an EPA determination under 
Sec. 350.11(a)(2)(iv)(B), or Sec. 350.11(a)(2)(v) of this regulation, or 
fails to pursue appeal to the General Counsel within 20 days after being 
notified of its right to do so under Sec. 350.11(a)(2)(i) or 
Sec. 350.11(b)(2)(i), EPA may furnish notice of intent to disclose the 
chemical identity claimed as trade secret within 10 days by furnishing 
the submitter with the notice set forth in paragraph (d) of this section 
by certified mail (return receipt requested).

[[Page 406]]

    (c) Where EPA, upon initial review under Sec. 350.9(d), determines 
that the chemical identity claimed as trade secret in a submittal 
submitted pursuant to this part is the subject of a prior final Agency 
determination concerning a claim of trade secrecy for the same chemical 
identity for the same facility, in which such claim was held invalid, 
EPA shall furnish notice of intent to disclose chemical identity within 
l0 days by furnishing the submitter with the notice set forth in 
paragraph (d) of this section by certified mail (return receipt 
requested).
    (d) EPA shall furnish notice of its intent to release chemical 
identity claimed as trade secret by sending the following notification 
to submitters, under the circumstances set forth in paragraphs (a), (b), 
and (c) of this section. The notice shall state that EPA will make the 
chemical identity available to the petitioner and the public on the 
tenth working day after the date of the submitter's receipt of written 
notice (or on such later date as the Office of General Counsel may 
establish), unless the Office of General Counsel has first been notified 
of the submitter's commencement of an action in Federal court to obtain 
judicial review of the determination at issue, and to obtain preliminary 
injunctive relief against disclosure, or, where applicable, as described 
in paragraph (b) of this section, of commencement of an appeal to the 
General Counsel. The notice shall further state that if Federal court 
action is timely commenced, EPA may nonetheless make the information 
available to the petitioner and the public (in the absence of an order 
by the court to the contrary), once the court has denied a motion for a 
preliminary injunction in the action or has otherwise upheld the EPA 
determination, or, that if Federal court action or appeal to the General 
Counsel is timely commenced, EPA may nonetheless make the information 
available to the petitioner and the public whenever it appears to the 
General Counsel, after reasonable notice to the submitter, that the 
submitter is not taking appropriate measures to obtain a speedy 
resolution of the action.