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 3.33 - General Provisions for Making Trade Secret Claims
Current through Register 1531, September 27, 2024
(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 being made which conceals 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 chemical identity of any toxic or hazardous substance shall, in the place on the nonconfidential copy where the chemical identity would normally be included, include the generic class or category of 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:
(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 containt he following information:
(4) Information certified by an appropriate official of the United States as necessarily kept secrets for national defense purposes shall be accorded the full protection against 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.