[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
(FF)
(AA) of
rule
3745-100-01 of the
Administrative Code titled "Referenced materials."]
The owner or operator of a facility subject to the reporting
requirements that claims a trade secret shall conform to the following:
(A) A submitter making a trade secrecy claim
under this rule shall submit to entities other than USEPA (for example, the
Ohio EPA, local emergency planning committee and local fire department) only
the sanitized or public copy of the submission and substantiation.
(B) Method of asserting claims of trade
secrecy for information submitted under section 313 of the
act.
(1) Submitters may claim as trade secret the
specific chemical identity, including the chemical name and other specific
identification, of any chemical subject to reporting under section
313.
(2) To make a claim, the
submitter shall submit to
USEPA the
rules adopted by
the administrator of USEPA in
40 CFR
350.5.
:
(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
information.
(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
chemical.
(D)
(C) If a specific
chemical identity is submitted under Title III to USEPA, or to a state
emergency response commission, designated state agency, local emergency
planning committee or local fire department, without asserting a trade secret
claim, the chemical identity shall be considered to have been voluntarily
disclosed and not a trade secret.
Notes
Ohio Admin. Code 3745-100-13
Effective:
12/12/2020
Five Year Review (FYR) Dates:
8/20/2020 and
08/20/2025
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
