Emergency release notification and trade secret chemicals
Question No. 3 of the trade secret substantiation form requires the submitter to list all local, state, and federal government entities to which the submitter has disclosed the specific chemical identity. Does the submitter need to report Section 304 emergency release notification if the submitter had a covered reportable release?
No. The submitter is only required by the Emergency Planning and Community Right-to-Know Act of 1986 (or EPCRA) to report if the chemical identity is "required to be disclosed, or otherwise made available, to the public under any other Federal or State law" as per Section 322(b)(2) of EPCRA. Hence, emergency release notifications under Section 304 of EPCRA, in which the chemical identified would have to be revealed, would not need to be disclosed on the substantiation form.