Trade Secret Claims for Community Right-to-Know and Emergency Planning (Renewal)

This information collection request pertains to trade secrecy claims submitted under Section 322 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). EPCRA contains provisions requiring facilities to report to state and local authorities, and EPA, the presence of extremely hazardous substances (Section 302), inventory of hazardous chemicals (Sections 311 and 312) and manufacture, process and use of toxic chemicals (Section 313). Section 322 of EPCRA allows a facility to withhold the specific chemical identity from these EPCRA reports if the facility asserts a trade secret for that chemic claim for that chemical identity. The provisions in Section 322 establish the requirements and procedures that facilities must follow to request trade secret treatment of chemical identities, as well as the procedures for submitting public petitions to the Agency for review of the "sufficiency" of trade secret claims. Trade secret protection is provided for specific chemical identities contained in reports submitted under each of the following sections of EPCRA: (1) Section 303 (d)(2) -- Facility notification of changes that have or are about to occur; (2) Section 303 (d)(3) -- Local Emergency Planning Committee (LEPC) requests for facility information to develop or implement emergency plans; (3) Section 311 – Material Safety Data Sheets (MSDSs) submitted by facilities, or lists of those chemicals submitted in place of the MSDSs; (4) Section 312 - Emergency and hazardous chemical inventory forms (Tier I and Tier II); and (5) Section 313 Toxic chemical release inventory form.

The latest form for Trade Secret Claims for Community Right-to-Know and Emergency Planning (Renewal) expires 2022-04-30 and can be found here.