[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR350.3]

[Page 405-406]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 350_TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY 
RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH 
PROFESSIONALS--Table of Contents
 
                     Subpart A_Trade Secrecy Claims
 
Sec.  350.3  Applicability of subpart; priority where provisions 
conflict; interaction with 40 CFR part 2.

    (a) Applicability of subpart. Sections 350.1 through 350.27 
establish rules governing assertion of trade secrecy claims for chemical 
identity information collected under the authority of sections 303 
(d)(2) and (d)(3), 311, 312 and 313 of Title III of the Superfund 
Amendments and Reauthorization Act of 1986, and for trade secrecy or 
business confidentiality claims for information submitted in a 
substantiation under sections 303 (d)(2) and (d)(3), 311, 312, and 313 
of Title III. This subpart also establishes rules governing petitions 
from the public requesting the disclosure of chemical identity claimed 
as trade secret, and determinations by EPA of whether this information 
is entitled to trade secret treatment. Claims for confidentiality of the 
location of a hazardous chemical under section 312(d)(2)(F) of Title III 
are not subject to the requirements of this subpart.
    (b) Priority where provisions conflict. Where information subject to 
the requirements of this subpart is also collected under another 
statutory authority, the confidentiality provisions of that authority 
shall be used to claim that information as trade secret or confidential 
when submitting it to EPA under that statutory authority.
    (c) Interaction with 40 CFR part 2, EPA's Freedom of Information Act 
procedures. (1) No trade secrecy or business confidentiality claims 
other than those allowed in this subpart are permitted for information 
collected under sections 303 (d)(2) and (d)(3), 311, 312 and 313 of 
Title III.
    (2) Except as provided in Sec.  350.25 of this subpart, request for 
access to chemical identities withheld as trade secret under this 
regulation is solely through this regulation and procedures hereunder, 
not through EPA's Freedom

[[Page 406]]

of Information Act procedures set forth at 40 CFR part 2.
    (3) Request for access to information other than chemical identity 
submitted to EPA under this regulation is through EPA's Freedom of 
Information Act regulations at 40 CFR part 2.