• If users know the chemical identities of substances they use and wish to file a trade secrecy claim, they must make the claim in terms of the chemical names of the substances.

The use of trade name products and mixtures raises some special issues. If a facility uses a trade name product whose chemical identity is a trade secret, but whose use at the facility is not a trade secret, the Environmental Protection Agency (EPA) does not require a trade secrecy claim to be filed by the user because the manufacturer of the product would already have filed the claim.

However, if a facility considers the use of a trade name product a trade secret, the facility would have to file a separate claim with EPA despite the claim filed by the manufacturer. The trade name in this case would function as the chemical identity appearing on those parts of the Emergency Planning and Community Right-to-Know Act (EPCRA) submittal sent to EPA that the claimant can supply without knowing the specific chemical identity.

If users know the chemical identities of substances they use and wish to file a trade secrecy claim, they must make the claim in terms of the chemical names of the substances. For example, a claimant who uses a trade name product and knows the identity of the specific chemicals contained in that product must use the specific chemical name when filing a trade secrecy claim. The claimant must always report the best information available.