SARA Title III section 322 addresses trade secrets as they apply to SARA Title III sections 303, 311, 312, and 313 reporting; a facility cannot claim trade secrets under section 304 of this statute. Only the chemical identity may be claimed as a trade secret, though a generic class for the chemical must be provided. The criteria a facility must meet to claim a chemical identity as a trade secret are in 40 CFR part 350. In practice, less than one percent of facilities have filed such claims.
Even if chemical identity information can be legally withheld from the public, SARA Title III section 323 allows the information to be disclosed to health professionals who need the information for diagnostic and treatment purposes or local health officials who need the information for prevention and treatment activities. In non-emergency cases, the health professional must sign a confidentiality agreement with the facility and provide a written statement of need. In medical emergencies, the health professional, if requested by the facility, provides these documents as soon as circumstances permit.
Any person may challenge trade secret claims by petitioning EPA. The Agency must review the claim and rule on its validity.