[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: 40CFR350.9]

[Page 400-401]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
                     Subpart A--Trade Secrecy Claims
 
Sec. 350.9  Initial action by EPA.

    (a) When a claim of trade secrecy, made in accordance with 
Sec. 350.5 of this part, is received by EPA, that information is treated 
as confidential until a contrary determination is made.
    (b) A determination as to the validity of a trade secrecy claim 
shall be initiated upon receipt by EPA of a petition under Sec. 350.15 
or may be initiated at

[[Page 401]]

any time by EPA if EPA desires to determine whether chemical identity 
information claimed as trade secret is entitled to trade secret 
treatment, even though no request for release of the information has 
been received.
    (c) If EPA initiates a determination as to the validity of a trade 
secrecy claim, the procedures set forth in Secs. 350.11, 350.15, and 
350.17 shall be followed in making the determination.
    (d) When EPA receives a petition requesting disclosure of trade 
secret chemical identity or if EPA decides to initiate a determination 
of the validity of a trade secrecy claim for chemical identity, EPA 
shall first make a determination that the chemical identity claimed as 
trade secret is not the subject of a prior trade secret determination by 
EPA concerning the same submitter and facility, or if it is, that the 
prior determination upheld the submitter's claim of trade secrecy for 
that chemical identity at that facility.
    (1) If EPA determines that the chemical identity claimed as trade 
secret is not the subject of a prior trade secret determination by EPA 
concerning the same submitter and the same facility, or if it is, that 
the prior determination upheld the submitter's claim of trade secrecy, 
then EPA shall review the submitter's claim according to Sec. 350.1l.
    (2) If such a prior determination held that the submitter's claim 
for that chemical identity is invalid, and such determination was not 
challenged by appeal to the General Counsel, or by review in the 
District Court, or, if challenged, was upheld, EPA shall notify the 
submitter by certified mail (return receipt requested) that the chemical 
identity claimed as trade secret is the subject of a prior, final Agency 
determination concerning the same facility in which it was held that 
such a claim was invalid. In this notification EPA shall include notice 
of intent to disclose chemical identity within 10 days pursuant to 
Sec. 350.18(c) of this subpart. EPA shall also notify the petitioner by 
regular mail of the action taken pursuant to this section.