General Provisions for Making Trade Secret Claims

(1) A toxics user making a trade secret claim shall submit two copies of the required documents to the department, one with the information for which a trade secret claim is beingmade whichconceals that information, and one in an envelope marked "Confidential" containing the information for which a trade secret claim is being made, which the department, during the pendency of the trade secret claim, shall keep in the secured storage area as referenced in 310 CMR 3.35. Any toxics user concealing the specific chemicalidentity of any toxic or hazardous substance shall, in the place on the nonconfidential copywhere the chemical identity would normally be included, include the generic class or categoryof the toxic or hazardous substance. (2) No toxics user required to submit information under M.G.L. c. 21I or 310 CMR 50.00 may claim that the information is entitled to protection as a trade secret under 310 CMR 3.30 unless such toxics user shows each of the following: (a) such toxics user has not disclosed the information to anyone else, other than a member of a local emergency planning committee as defined by EPCRA, anofficer or employee of the United States or a state or local government, an employee of such toxics user, or anyone who is bound by a confidentiality agreement, and such toxics user has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures; and (b) The information is not required to be disclosed, or otherwise made available to the public under any other federal or state law; (c) Disclosure of the informationis likelyto cause substantial harm to the competitive position of such toxics user; and (d) The commissioner determines that the information constitutes a trade secret based on the criteria set forth in 310 CMR 3.23. (3) A toxics user making a trade secret claim shall, together with the nonconfidential copy of the document submitted pursuant to 310 CMR 3.33(1), submit a written request for confidentiality, and a written explanation of the reasons that the information claimed as a trade secret is a trade secret. The explanation shall contain the following information: (a) the information set forth in 310 CMR 3.24(2), and, (b) information that demonstrates each of the factors set forth in 310 CMR 3.33(2)(a)(b) and (c). 3.33: continued (4) Information certified by an appropriate official of the United States as necessarily kept secrets for national defense purposes shall be accorded the fullprotectionagainst disclosure as specified by such officials in accordance with the Law of the United States. (5) The provisions of 310 CMR 3.30 shall not apply to the disclosure of emissions data.