Ohio Admin. Code 3745-100-13 - Trade secret claims
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see paragraph
The owner or operator of a facility subject to the reporting requirements that claims a trade secret shall conform to the following:
(a) An unsanitized copy of the toxic
release inventory form under section 313 of the act with the information
claimed as trade secret clearly identified. To do this, the submitter shall
check the box on the form indicating that the chemical identity is being
claimed as a trade secret. The submitter shall enter the generic class or
category that is structurally descriptive of the chemical, as specified in
paragraph (C) of this rule.
(b) A sanitized copy of the toxic
release inventory form. This copy shall be identical to the document in
paragraph (B)(1)(a) of this rule, except that the submitter shall delete the
chemical identity claimed as a trade secret. This copy shall also be submitted
to the state official or officials designated to receive this
(c) A sanitized and unsanitized
substantiation in accordance with 40 CFR 350.7 for every chemical identity
claimed as trade secret.
(3) If the submitter wishes to claim
information in the substantiation as trade secret or business confidential, the
submitter shall do so in accordance with 40 CFR 350.7(d).
(4) Section 313 claims shall be sent
to the address specified in 40 CFR 350.16.
(C) Method of choosing a generic
class or category for section 313 of the act. A facility owner or operator
claiming a chemical identity as a trade secret should choose a generic class or
category for the chemical that is structurally descriptive of the
Promulgated Under: 119.03
Statutory Authority: 3751.02
Rule Amplifies: 3751.03
Prior Effective Dates: 06/22/1989, 01/16/2006, 11/04/2011, 02/11/2017
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