---
kind: "section"
citation: "42 U.S.C. § 11042"
title: "42"
title_heading: "The Public Health and Welfare"
number: "11042"
heading: "Trade secrets"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/11042"
units:
  - "Chapter 116 — Emergency Planning and Community Right-To-Know"
  - "Subchapter III — General Provisions"
---

# §11042. Trade secrets

- (a) **Authority to withhold information—**
  - (1) **General authority—**
    - (A) With regard to a [hazardous chemical](/usc/42/11049.md?p=5), an [extremely hazardous substance](/usc/42/11049.md?p=3), or a [toxic chemical](/usc/42/11049.md?p=10), any [person](/usc/42/11049.md?p=7) required under section [11003(d)(2)](/usc/42/11003.md?p=d-2), [11003(d)(3)](/usc/42/11003.md?p=d-3), [11021](/usc/42/11021.md), [11022](/usc/42/11022.md), or [11023](/usc/42/11023.md) of this title to submit information to any other [person](/usc/42/11049.md?p=7) may withhold from such submittal the specific chemical identity (including the chemical name and other specific identification), as defined in regulations prescribed by the [Administrator](/usc/42/11049.md?p=1) under [subsection (c)](#c), if the [person](/usc/42/11049.md?p=7) complies with [paragraph (2)](#a-2).
    - (B) Any [person](/usc/42/11049.md?p=7) withholding the specific chemical identity shall, in the place on the submittal where the chemical identity would normally be included, include the generic class or category of the [hazardous chemical](/usc/42/11049.md?p=5), [extremely hazardous substance](/usc/42/11049.md?p=3), or [toxic chemical](/usc/42/11049.md?p=10) (as the case may be).
  - (2) **Requirements—**
    - (A) A [person](/usc/42/11049.md?p=7) is entitled to withhold information under [paragraph (1)](#a-1) if such [person](/usc/42/11049.md?p=7)—
      - (i) claims that such information is a trade secret, on the basis of the factors enumerated in [subsection (b)](#b),
      - (ii) includes in the submittal referred to in [paragraph (1)](#a-1) an explanation of the reasons why such information is claimed to be a trade secret, based on the factors enumerated in [subsection (b)](#b), including a specific description of why such factors apply, and
      - (iii) submits to the [Administrator](/usc/42/11049.md?p=1) a copy of such submittal, and the information withheld from such submittal.
    - (B) In submitting to the [Administrator](/usc/42/11049.md?p=1) the information required by [subparagraph (A)(iii)](#a-2-A-iii), a [person](/usc/42/11049.md?p=7) withholding information under this subsection may—
      - (i) designate, in writing and in such manner as the [Administrator](/usc/42/11049.md?p=1) may prescribe by regulation, the information which such [person](/usc/42/11049.md?p=7) believes is entitled to be withheld under [paragraph (1)](#a-1), and
      - (ii) submit such designated information separately from other information submitted under this subsection.
  - (3) **Limitation—** The authority under this subsection to withhold information shall not apply to information which the [Administrator](/usc/42/11049.md?p=1) has determined, in accordance with [subsection (c)](#c), is not a trade secret.
- (b) **Trade secret factors—** No [person](/usc/42/11049.md?p=7) required to provide information under this chapter may claim that the information is entitled to protection as a trade secret under [subsection (a)](#a) unless such [person](/usc/42/11049.md?p=7) shows each of the following:
  - (1) Such [person](/usc/42/11049.md?p=7) has not disclosed the information to any other [person](/usc/42/11049.md?p=7), other than a member of a local emergency planning committee, an officer or employee of the United States or a [State](/usc/42/11049.md?p=9) or local government, an employee of such [person](/usc/42/11049.md?p=7), or a [person](/usc/42/11049.md?p=7) who is bound by a confidentiality agreement, and such [person](/usc/42/11049.md?p=7) has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures.
  - (2) The information is not required to be disclosed, or otherwise made available, to the public under any other Federal or [State](/usc/42/11049.md?p=9) law.
  - (3) Disclosure of the information is likely to cause substantial harm to the competitive position of such [person](/usc/42/11049.md?p=7).
  - (4) The chemical identity is not readily discoverable through reverse engineering.
- (c) **Trade secret regulations—** As soon as practicable after October 17, 1986, the [Administrator](/usc/42/11049.md?p=1) shall prescribe regulations to implement this section. With respect to [subsection (b)(4)](#b-4), such regulations shall be equivalent to comparable provisions in the Occupational Safety and Health Administration Hazard Communication Standard (29 C.F.R. 1910.1200) and any revisions of such standard prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Labor in accordance with the final ruling of the courts of the United States in United Steelworkers of America, AFL–CIO–CLC v. Thorne G. Auchter.
- (d) **Petition for review—**
  - (1) **In general—** Any [person](/usc/42/11049.md?p=7) may petition the [Administrator](/usc/42/11049.md?p=1) for the disclosure of the specific chemical identity of a [hazardous chemical](/usc/42/11049.md?p=5), an [extremely hazardous substance](/usc/42/11049.md?p=3), or a [toxic chemical](/usc/42/11049.md?p=10) which is claimed as a trade secret under this section. The [Administrator](/usc/42/11049.md?p=1) may, in the absence of a petition under this paragraph, initiate a determination, to be carried out in accordance with this subsection, as to whether information withheld constitutes a trade secret.
  - (2) **Initial review—** Within 30 days after the date of receipt of a petition under [paragraph (1)](#d-1) (or upon the [Administrator](/usc/42/11049.md?p=1)’s initiative), the [Administrator](/usc/42/11049.md?p=1) shall review the explanation filed by a trade secret claimant under [subsection (a)(2)](#a-2) and determine whether the explanation presents assertions which, if true, are sufficient to support a finding that the specific chemical identity is a trade secret.
  - (3) **Finding of sufficient assertions—**
    - (A) If the [Administrator](/usc/42/11049.md?p=1) determines pursuant to [paragraph (2)](#d-2) that the explanation presents sufficient assertions to support a finding that the specific chemical identity is a trade secret, the [Administrator](/usc/42/11049.md?p=1) shall notify the trade secret claimant that he has 30 days to supplement the explanation with detailed information to support the assertions.
    - (B) If the [Administrator](/usc/42/11049.md?p=1) determines, after receipt of any supplemental supporting detailed information under [subparagraph (A)](#d-3-A), that the assertions in the explanation are true and that the specific chemical identity is a trade secret, the [Administrator](/usc/42/11049.md?p=1) shall so notify the petitioner and the petitioner may seek judicial review of the determination.
    - (C) If the [Administrator](/usc/42/11049.md?p=1) determines, after receipt of any supplemental supporting detailed information under [subparagraph (A)](#d-3-A), that the assertions in the explanation are not true and that the specific chemical identity is not a trade secret, the [Administrator](/usc/42/11049.md?p=1) shall notify the trade secret claimant that the [Administrator](/usc/42/11049.md?p=1) intends to [release](/usc/42/11049.md?p=8) the specific chemical identity. The trade secret claimant has 30 days in which he may appeal the [Administrator](/usc/42/11049.md?p=1)’s determination under this subparagraph to the [Administrator](/usc/42/11049.md?p=1). If the [Administrator](/usc/42/11049.md?p=1) does not reverse his determination under this subparagraph in such an appeal by the trade secret claimant, the trade secret claimaint[^1] may seek judicial review of the determination.
  - (4) **Finding of insufficient assertions—**
    - (A) If the [Administrator](/usc/42/11049.md?p=1) determines pursuant to [paragraph (2)](#d-2) that the explanation presents insufficient assertions to support a finding that the specific chemical identity is a trade secret, the [Administrator](/usc/42/11049.md?p=1) shall notify the trade secret claimant that he has 30 days to appeal the determination to the [Administrator](/usc/42/11049.md?p=1), or, upon a showing of good cause, amend the original explanation by providing supplementary assertions to support the trade secret claim.
    - (B) If the [Administrator](/usc/42/11049.md?p=1) does not reverse his determination under [subparagraph (A)](#d-4-A) after an appeal or an examination of any supplementary assertions under [subparagraph (A)](#d-4-A), the [Administrator](/usc/42/11049.md?p=1) shall so notify the trade secret claimant and the trade secret claimant may seek judicial review of the determination.
    - (C) If the [Administrator](/usc/42/11049.md?p=1) reverses his determination under [subparagraph (A)](#d-4-A) after an appeal or an examination of any supplementary assertions under [subparagraph (A)](#d-4-A), the procedures under paragraph (3) of this subsection apply.
- (e) **Exception for information provided to health professionals—** Nothing in this section, or regulations adopted pursuant to this section, shall authorize any [person](/usc/42/11049.md?p=7) to withhold information which is required to be provided to a health professional, a doctor, or a nurse in accordance with [section 11043 of this title](/usc/42/11043.md).
- (f) **Providing information to Administrator; availability to public—** Any information submitted to the [Administrator](/usc/42/11049.md?p=1) under [subsection (a)(2)](#a-2) or [subsection (d)(3)](#d-3) (except a specific chemical identity) shall be available to the public, except that upon a showing satisfactory to the [Administrator](/usc/42/11049.md?p=1) by any [person](/usc/42/11049.md?p=7) that the information (or a particular part thereof) to which the [Administrator](/usc/42/11049.md?p=1) has access under this section if made public would divulge information entitled to protection under [section 1905 of title 18](/usc/18/1905.md), such information or part shall be considered confidential in accordance with the purposes of that section, except that such information or part may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter.
- (g) **Information provided to State—** Upon request by a [State](/usc/42/11049.md?p=9), acting through the Governor of the [State](/usc/42/11049.md?p=9), the [Administrator](/usc/42/11049.md?p=1) shall provide to the [State](/usc/42/11049.md?p=9) any information obtained under [subsection (a)(2)](#a-2) and [subsection (d)(3)](#d-3).
- (h) **Information on adverse effects—**
  - (1) In any case in which the identity of a [hazardous chemical](/usc/42/11049.md?p=5) or an [extremely hazardous substance](/usc/42/11049.md?p=3) is claimed as a trade secret, the Governor or [State](/usc/42/11049.md?p=9) emergency response commission established under [section 11001 of this title](/usc/42/11001.md) shall identify the adverse health effects associated with the [hazardous chemical](/usc/42/11049.md?p=5) or [extremely hazardous substance](/usc/42/11049.md?p=3) and shall assure that such information is provided to any [person](/usc/42/11049.md?p=7) requesting information about such [hazardous chemical](/usc/42/11049.md?p=5) or [extremely hazardous substance](/usc/42/11049.md?p=3).
  - (2) In any case in which the identity of a [toxic chemical](/usc/42/11049.md?p=10) is claimed as a trade secret, the [Administrator](/usc/42/11049.md?p=1) shall identify the adverse health and environmental effects associated with the [toxic chemical](/usc/42/11049.md?p=10) and shall assure that such information is included in the computer database required by [section 11023(j) of this title](/usc/42/11023.md?p=j) and is provided to any [person](/usc/42/11049.md?p=7) requesting information about such [toxic chemical](/usc/42/11049.md?p=10).
- (i) **Information provided to Congress—** Notwithstanding any limitatio[^2] contained in this section or any other provision of law, all information reported to or otherwise obtained by the [Administrator](/usc/42/11049.md?p=1) (or any representative of the [Administrator](/usc/42/11049.md?p=1)) under this chapter shall be made available to a duly authorized committee of the Congress upon written request by such a committee.

## Footnotes

[^1]: So in original. Probably should be “claimant”.
[^2]: So in original. Probably should be “limitation”.

## Source credit

(Pub. L. 99–499, title III, § 322, Oct. 17, 1986, 100 Stat. 1747.)