Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files
Section 3.24 - Requests for Protecting the Confidentiality of Trade Secrets
Current through Register 1531, September 27, 2024
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:
(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.