Requests for Protecting the Confidentiality of Trade Secrets

No record shall be deemed a trade secret unless a person requests the Department in writing to take such action. The request shall be made and substantiated as follows: (1) Each record containing information which is the subject of a confidentiality request shall be clearly marked "CONFIDENTIAL". To assist the Department in complying with 310 CMR 3.16, persons shall separately submit confidential portions of otherwise nonconfidential records. If submitted separately, the record which is the subject of a confidentiality request shall be clearly marked "CONFIDENTIAL". (2) The request for confidentiality shall be supported with the following information, which shall be treated as a public record: (a) The time period for which confidential treatment is desired. (b) The reason the record was provided to the Department, and the date of submittal. (c) Everything the person has done to meet the criteria in 310 CMR 3.23. (d) The extent to whichthe person requesting that the record be kept confidential has disclosed the contents of that record to other persons. (e) A list of all other Federal, State and local agencies to which the same record or contents thereof has been submitted, which of them have been requested to keep that record confidential, the status of the requests, and a copy of the responses by said agencies or the courts to the requests. (f) How making the record a public record would harm the personrequestingconfidentialityand why such harm should be deemed substantial. (g) If the record was submitted voluntarily and not in compliance with a regulation or order of the Department or a court, whether and if so why making the record a public record would tend to lessen the availability to the Department of similar records in the future. 3.24: continued (3) Any toxics user that is required, pursuant to M.G.L. c. 21I or 310 CMR 50.00, to submit to the Department a report, plan summary or other document, who believes that disclosing information in that document will reveal a trade secret, may submit to the Department, in writing, a trade secret claim in accordance with M.G.L. c. 21I and 310 CMR 3.30.