(A) 1. What harmful effects to your competitive position, ifany, do you think would result ifthe identity ofthe chemical substance is published on the Inventory?

Since its inception, the Submitter has emphasized research with the resultthat a high percentage ofthe additives thatit manufactures and sells were originated by the company. The Submitter's ability to develop additives to meet customer specifications has been a key factor in its success. The Submitter's success depends upon its ability to continue to develop better products than its competitors, while maintaining the confidentiality ofits trade secrets. The Submitter has taken all prudentmeasures to maintain the confidentiality ofits trade secrets including, among other things, selling products identified by number and not be any chemical name. Only the promise ofsuch a market advantage tomorrow canjustify the commitment ofsubstantial research and development funds today.
IfEPA publishes onthe Inventory tbe identity ofthe chemical substance, competitors would have knowledge not only ofthe chemical identity, but also, as indicated on question 19, processing ofthe chemical substance. Accordingly, the Submitter's market advantage with respectto this chemical substance would disappear. This would result in depriving the Submitter ofthe benefits ofthe underlying research and development costs, as well as skill and innovation ofits employees. Itwould also unjustly enrich the Submitter's competitors, who bore none ofthese costs, but nonetheless, could market the substance depriving the Submitter ofexpectable sales and profits. Thus, disclosure ofthe identity ofthe chemical substance would cause the Submitter to lose a valuable property right and suffer economic loss.
Most ofthe Submitter's competitors are ••••}. The Submitter must rely upon its skill and innovationto compete in this arena. Disclosure ofspecific chemical identity would lessen its ability to do so. The PMN substance will not be sold in apure state, but only in products which consist of complex blends ofchemical substances. Itwould be time-consuming and expensive for competitors to analyze the Submitter's product in order to determine the chemical identity ofthe substance reported in the Submitter's PMN. Due to the complex mixture ofchemical additives present in the Submitter'sproducts, such analysis is likely to be difficult and uncertain. IfEPA publishes on the Inventory the identity ofthe chemical substance, competitors would have knowledge ofthe chemical identity ofthe substance without such analysis. In the event the PMN substance is sold as is, an analysis is still likely to be uncertain due to the complex nature ofthe product.2. How could a competitor use such information, given the fact thatthe identity ofthe substance otherwise would appear onthe Inventory ofchemical substances with no link between the substance and your company or industry?
Even assuming the link between the Submitter's identity and the specific chemical identity is kept confidential, disclosure ofthe specific chemical identity on the Inventory would be harmful to the Submitter's competitive position. Given a specific chemical identity on the Inventory, a knowledgeable competitor may be directed to chemicals of the type in the subject PMN which are recognized as probably having one ortwo specific functions. Disclosure ofthe specific identity ofthe chemical substance would make a competitor aware that the composition had commercial potential.
3. How substantial would the harmful effects ofdisclosure be?
As discussed in response to questions (I) and (2) above, a competitor would use the identity ofthe chemical substance published on the inventory to manufacture and market the substance in competition withthe Submitter.
4. What is the causal relationship between the disclosure and the harmful effects?
The disclosure ofthe identity ofthe chemical substance would be the direct cause ofthe harmful effects described in (1) above. The disclosure ofthe identity ofthe chemical substance would allow competitors to manufacture and use or market the substance in competition with the Submitter, without bearing the underlying research and development costs. This would deprive the Submitter ofexpectable sales andprofits in respect to this substance. To compete, the Submitterrelies upon its superior technology, skill and innovation. This advantage would be lostby disclosure ofthe identity ofthe chemical substance. (B) 5. For whatperiod oftime should confidential treatment be given? (Until a specific date, the occurrence ofa specific event, orpermanently?) Why?
Confidential treatment ofthe specific identity ofthe chemical substance should be continued permanently. There is no date orevent which would remove the need for confidentiality. Most ofthe Submitter's customers are also its competitors. To protect its competitive advantage, the Submitter normally does not disclose the specific chemical identity ofthe substances in its products even to its customers. Disclosure ofsuch information at anytime, even after commencement ofmanufacture, would have a harmful effect upon the Submitter's competitive position. Ifthe specific chemical identity is not communicated to the Submitter's competitors through disclosure by the EPA, there is no reason to expect that it would become known. (C) 6. Has the Chemical substance been patented? This composition is covered by a general patent which covers broad end product formulations.7. Ifso, have you granted licenses to others with respectto the patent as it applies to the chemical substance?
No
8. Ifthe chemical substance has beenpatented, and therefore disclosed through the patent, why should it be treated as confidential for purposes ofthe Inventory? Descriptions in patent specifications are frequently generic, so that a competitor would not know from the existence ofthe patentthat anything in the patent had, in fact, been · commercialized or, ifcommercialized, what specifically had been commercialized. Thus, a patent is not a source ofspecific chemical identity in the sense of"specific chemical identity" available through a PMN orthe Inventory. The information in the subjectPMN is far more specific, and must permanently remain confidential. (D) 9. Has the identity ofthe chemical substance been kept confidential to the extentthat your competitors do not know it is being manufactured or imported for a commercial purpose by anyone?
To the best ofthe Submitter's knowledge, the identity ofthe chemical substance has been kept confidential to the extentthat its competitors do not know that it is being manufactured or imported for a commercialpurpose by anyone. (E) 10. Is the fact that someone is manufacturing or importing this chemical substance for commercial purposes beenmade available to the public, e.g., in technical journals or otherpublications; or in state, local orfederal agency public files?
To the best ofthe Submitter's knowledge, the fact that someone is manufacturing or importing this chemical substance has not been made availableto the public. (F) 11. What measures have youtaken to preventundesired disclosure ofthe fact that you are manufacturing or importingthis substance for a commercial purpose? Security procedures are. employed as would normally be employedto protect confidential business information. Employees ofthe Submitter do not have access to the identity of chemical substances manufactured orto be manufactured by itunless they have legitimate businesspurpose for such information. In addition, employees with such access are required to sign Confidentiality Agreements and are instructed notto disclose the identity ofsuch chemical substances to those outside ofthe company, except in those circumstances which are expressly approved by the Corporate Confidentiality Committee. Such disclosure is permitted only after careful consideration ofbusiness reasons and after steps have been taken, including execution ofConfidentiality Agreements, to assure that theproperty rights ofthe Submitterwill be adequately protected.In addition, the files containingconfidential information in respect ofthis substance are locked at night, and maintained in the Submitter's buildings which are guarded twentyfour hours a day. No one has access to these files other than the Submitter's employees having a need to know. Moreover, all outsiders enteringthe Submitter's property must first be cleared in accordance with the Submitter's security procedures. Because ofthe confidential nature and because ofconfidential aspects ofits manufacturing operation, the Submitterhas in the past employed and continues to employ strict security measures, including codifying intermediates and products by numerical designations. (G) 12. To what extent has the fact that you are manufacturing orimporting this chemical substance for a commercial purpose been disclosed to others?
The fact that the Submitter will be manufacturing this chemical substance for a commercial purpose has not been disclosedto others (excluding the disclosure to the EPA in respect ofthe premanufacture notice and this notice, and counsel for this Submitter).

13. What precautions have you taken in regard to these disclosures? Counsel for the Submitter are bound by the attorney-clientprivilege and are bound to preserve any such information as confidential.
14. Has the information been disclosed to the public or to competitors?
As stated in (12) above, the information has not been disclosed to the public or competitors. (H) 15. In what form does this particular chemical substance leave the site of manufacture, e.g., as part ofa product; in an effluent or emission stream?
Itis contemplatedthatthis particular chemical substance will leave the site of manufacture as a lubricant additive packages which are blend(s) formulated with several other chemicals and given codednumber(s).
16. What measures have you taken to guard against discovery ofits identity? The new chemical substance and a blend(s) formulated with the new chemical substance have been or will be given a codednumber(s). The newchemical substance has not been nor will it be identified to recipients ofit or recipients ofblends containing it. As discussed in response to question (2) above, this chemical substance is one ofmany varieties ofsubstances which potentially have a useful specific function as a lubricant additive. Without some information as to the identity or specific function ofthis substance, it is not likely that the identity ofthe substance will be derived.(I) I7. Ifthe chemical substance leaves the site ofmanufacture in a productthat is available to eitherthe public oryourcompetitors, canthey identify the substance by analyzing the product?
As stated in (I) above, it wouldbe time-consuming and expensive for competitorsto analyze the Submitter's products in orderto determine the chemical identity ofthe new chemical substance. Such analysis is likely to be difficult and uncertain due to the complex mixture ofchemical additives present in the Submitter'sproducts.

(K) 19. Has EPA, anotherFederal agency, orany Federal court made any pertinent confidentiality determinations regarding this chemical substance? Ifso, copies ofsuch determinations must be included in the substantiation.
Neither EPAnor any otherFederal agency or courthas made anypertinent confidentiality determination regarding this new chemical substance.

20. Would disclosure ofthe chemical identity disclose processes used in the manufacture orprocessing ofa chemical substance or mixture? Describe howthis would occur. The chemical identity ofthis organic chemical suggests a process orpotential processes for producing this chemical. It is commonpractice among chemists in the fuel and lubricant additive field to devise a chemical structure for evaluation in a given application, then to work backwards to devise a useful, economical syntheticpathway. The number ofpathways is limited. These are restricted further by factors such as availability and cost. Thus, a knowledgeable chemist would be able to arrive at one or two processes rather quickly. There is a high probability that one suchprocess is, in fact, the commercially useful path. Thus, a competitor would not only knowthe chemical identity but also couldquickly devise a process to compete with the Submitter, depriving the Submitter ofexpected profits. See questions (1-4) for additional discussion ofthe harmful competitive effects which would occurfrom disclosure ofchemical identity and correspondingprocess information.
21. Do you assert the disclosure ofthe chemical identity is not necessary to interpret any ofthe health and safety studies you have submitted? Ifso, explain how a less specific identity would be sufficientto interpret the studies.
We believe for the following reasons thatknowledge ofthe chemical identity is not necessary for the interpretation ofthe studies submitted with the subject PMN. Studies normally conducted on new chemical substances are standard andstraightforward.Anyone who is familiar with these types ofstudies would be able to interprettbe results once they have the results precisely because they are quantitative in nature and do not rely on qualitative interpretation.