Page:United States Statutes at Large Volume 100 Part 2.djvu/646

 100 STAT. 1748

PUBLIC LAW 99-499—OCT. 17, 1986

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(i) claims that such information is a trade secret, on the basis of the factors enumerated in subsection 0)), (ii) includes in the submittal referred to in paragraph (1) an explanation of the reasons why such information is V.L claimed to be a trade secret, based on the factors enumerated in subsection (b), including a specific description of why such factors apply, and it (iii) submits to the Administrator a copy of such submit' tal, and the information withheld from such submittal. (B) In submitting to the Administrator the information required by subparagraph (A)(iii), a person withholding information under this subsection may— (i) designate, in writing and in such manner as the Administrator may prescribe by regulation, the information which such person believes is entitled to be withheld under paragraph (1), and } » A. • (ii) submit such designated information separately from other information submitted under this subsection. (3) LIMITATION.—The authority under this subsection to withhold information shall not apply to information which the Administrator has determined, in accordance with subsection (c), is not a trade secret. (b) TRADE SECRET FACTORS.—No person

required

to

provide

information under this title may claim that the information is entitled to protection as a trade secret under subsection (a) unless such person shows each of the following: (1) Such person has not disclosed the information to any other person, other than a member of a local emergency planning V committee, an officer or employee of the United States or a State or local government, an employee of such person, or a person who is bound by a confidentiality agreement, and such person has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures. (2) The information is not required to be disclosed, or otherwise made available, to the public under any other Federal or State law. {f .t (3) Disclosure of the information is likely to cause substantial harm to the competitive position of such person. (4) The chemical identity is not readily discoverable through reverse engineering. (c) TRADE SECRET REGULATIONS.—As soon as practicable after the date of enactment of this title, the Administrator shall prescribe regulations to implement this section. With respect to subsection (b)(4), such regulations shall be equivalent to comparable provisions in the Occupational Safety and Health Administration Hazard Communication Standard (29 C.F.R. 1910.1200) and any revisions of such standard prescribed by the Secretary of Labor in accordance with the final ruling of the courts of the United States in United Steelworkers of America, AFL-CIO-CLC v. Thorne G. Auchter. (d) PETITION FOR REVIEW.—

(1) IN GENERAL.—Any person may petition the Administrator for the disclosure of the specific chemical identity of a hazarded ous chemical, an extremely hazardous substance, or a toxic chemical which is claimed as a trade secret under this section. I The Administrator may, in the absence of a petition under this paragraph, initiate a determination, to be carried out in accord-

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