Chemical identity trade secret

Answer this question only after you have completed the rest of the report. Check "sanitized" if this copy of the report is the public version and you have claimed the chemical identity trade secret in Part I, Section 1.1. Otherwise, check "unsani-tized."... 

For any chemical whose identity is claimed as a trade secret, you must submit to EPA two versions of the substantiation form as prescribed in 40 CFR Part 350, published July 29, 1988 In the Federal Register (53 FR 28772). Use the order form In this document to obtain a copy of the rule and substantiation form. One version identifies the chemical the second version does not Identify the chemical specifically, but provides instead a generic identity. Only this latter version will be available to the public. For further explanation of the trade-secret provisions, see the instructions below... 

If listed toxic chemicals are present equal to or above the de minimis cut-off level, your supplier must identify the specific components as they appear in Table II and provide their percentage composition by weight in the mixture or product, tf your supplier maintains that the identity ot a toxic chemical is a trade secret, a generic identity that is structurally descriptive must be supplied on the notice. A maximum concentration level must be provided if your supplier contends that chemical composition information is a trade secret. In either case, you do not need to make a trade secret claim on behalf of your supplier (unless you consider your use of the proprietary mixture a trade secret). On Form R, identify the toxic chemical you are reporting according to its generic name provided in the notification. (See the instructions for Part III, Section 2 on page 18 for more information.) tf the listed chemical is present below the de minimis level, no notification is required. 

Are you claiming the chemical Identity on page 3 trade secret ... 

Answer this question only after you have completed the rest of the report. The specific identity of the toxic chemical being reported in Part III, Sections 1.2 and 1.3, may be designated as trade secret. If you are making a trade secret claim, mark yes" and proceed to Section 1.2. Only check "Yes" if it is your manufacturing, processing, or use of the chemical that is a trade secret. (See page 1 of these instructions for specific information on trade secrecy claims.) ff you checked "no," proceed to Section 1.3 do not answer Section 1.2. 

If you are making a trade secret claim, you must report the specific chemical identity on your unsanitized Form R and unsanitized substantiation form. Do not report the chemical name on your sanitized Form R and sanitized substantiation form. Include a generic name in Part III, Section 1.4 of your sanitized Form R report. 

Complete Section 1.4 only if you are claiming the specific chemical identity of the toxic chemical as a trade secret and have marked the trade secret block in Part I. Section 1.1 on page 1 of Form R. Enter a generic chemical name that is descriptive of the chemical stmcture. You must limit the generic name to seventy characters (e.g., numbers, letters, spaces, punctuation) or less. Do not enter mixture names in Section 1.4 see Section 2 below. 

Do not complete this section if you have completed Section 1 of Part III. Report the generic name provided to you by your supplier in the section if your supplier Is claiming the chemical identity proprietary or trade secret. Do not answer "yes" in Part I, Section 1.1 on page 1 of the form if you complete this section. You do not need to supply trade secret substantiation forms since it is your supplier who is claiming the material a trade secret. 

CAS number and the chemical name reported on page three must exactly match the listed section 313 CAS number and chemical name. Chemical categories should not be reported with a CAS number. A generic chemical name should only be provided if you are claiming the section 313 chemical identity as trade secret. Chemical names should be taken directly from the list in this document (see pages 40-48). Mixture names are to be entered in Part III, Section 1.4 if that is the sole identification. Mixture names that include the name (or CAS number) of one or more section 313 chemical(s) are not valid. 

Specific identity of a toxic chemical to be a trade secret, the notice to your customer(s) must contain a generic chemical name that Is descriptive of the structure of that toxic chemical. For example, decabromodiphenyl oxide could be described as a halogenated aromatic. 

Explanations of why a specific chemical identity Is considered a trade secret and the appropriateness of the generic chemical name provided in the notification and... 

The chemical and common name(s), CAS Number(s) and the identity used on the label for all hazardous ingredients which comprise greater than one (1) percent of the chemical (except as provided by paragraph (g) of this section on trade secrets) ... 

Where a treating physician or muse determines that a medical emergency exists and the specific chemical identity of a hazardous chemical is necessary for emergency or first-aid treatment, the chemical manufacturer, importer, or employer shall immediately disclose the specific chemical identity of a trade secret chemical to that treating physician or nurse. 

This Center run by Richard Moriarity is probably the best single source of information for the emergency treatment of consumer and occupational chemical exposure. Operated by physicians, nm-ses and pharmacists 24 hotirs a day, every single day of the year, it is available instantly by phone. The Center will accept trade secret data on a confidential basis to be used only in case of a medical emergency. The true chemical identity of one s product will only be released to a physician who is treating a medical emergency. The cost for this service is very modest. 

NOTE The specific chemical identity of Trade Secrets may be withheld if the generic class or category of the hazardous chemical, extremely hazardous substance, or toxic chemical is provided in its place.]... 

The principal importer is the person who specifies the product and the amount to be imported, although the principal importer may not know the chemical identity of the product. If the foreign supplier does not reveal the identity of the substance to the importer, the foreign supplier can tell the ERA directly and provide information for a bona fide letter, and preserve its trade secrets. A principal importer must know that the product will be imported instead of produced domestically. If no one company meets all these criteria the importer should contact the ERA s Rrenotice Coordinator to determine who should file the SNUN. ... 

Step 10. The Product Manager shall coordinate with any suppliers who are not willing to divulge to the PMN filer proprietary or trade secret information necessary to establish the chemical identity of the PMN substance. Such suppliers may submit a j oint PMN or may file a letter of support with the EPA. 

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