40 CFR § 370.64 - What information can I claim as trade secret or confidential?

---
identifier: "/us/cfr/t40/s370.64"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 370.64 - What information can I claim as trade secret or confidential?"
title_number: 40
title_name: "Protection of Environment"
section_number: "370.64"
section_name: "What information can I claim as trade secret or confidential?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "J"
subchapter_name: "SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS"
part_number: "370"
part_name: "HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sections 302, 311, 312, 322, 324, 325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049)."
regulatory_source: "73 FR 65478, Nov. 3, 2008, unless otherwise noted."
cfr_part: "370"
---


# 370.64 What information can I claim as trade secret or confidential?

(a) *Trade secrets.* You may be able to withhold the name of a specific chemical when submitting MSDS (or SDS) reporting or inventory reporting information if that chemical name is claimed as a trade secret. The requirements for withholding trade secret information are set forth in EPCRA section 322 and implemented in 40 CFR part 350. If you are withholding the name of a specific chemical as a trade secret in accordance with trade secrecy requirements, you must report the generic class or category that is structurally descriptive of the chemical along with all other required information. You must also submit the withheld information to EPA and must adequately substantiate your claim. A Form for substantiating trade secret claims is available at the Agency Web site at *http://www.epa.gov/epcra*.

(b) *Confidential location information.* You may request that the SERC or the LEPC not disclose to the public the location of any specific chemical required to be submitted in Tier II information. If you make such a request, the SERC or LEPC must not disclose the location of the specific chemical. If you use the Tier II Form to report your inventory information, you can choose to report confidential location information for a specific chemical on the Confidential Location Information Sheet, which must be attached to the other Tier II information you are reporting. Although you may request that location information with respect to a specific chemical be withheld from the public, you may not withhold this information from the SERC, the LEPC, or the local fire department. The Confidential Location Information Sheet is available on the Agency Web site at *http://www.epa.gov/epcra*.

[73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, 38109, June 13, 2016]