Ohio Admin. Code 3745-104-39 - Assertation of claims of trade secret information
(A) Except as provided in paragraph (B) of
this rule, an owner or operator of a stationary source required to report or
otherwise provide information under this chapter may make a claim for trade
secret protection for any such information. Such information shall be
designated trade secret only after the director, pursuant to rule
3745-49-03 of the Administrative
Code, determines that the information meets the definition of trade secret as
defined by section 1333.61 of the Revised
Code.
(B) Notwithstanding the
provisions of rule
3745-49-03 of the Administrative
Code, an owner or operator may not claim as a trade secret the following
information:
(1) Registration required by
paragraphs (B)(1) to (B)(6), (B)(8) and (B)(10) to (B)(13) of rule
3745-104-41
3745-104-42 of the Administrative Code and NAICS code
and program level of the process set forth in paragraph (B)(7) of rule
3745-104-42 of the
Administrative Code.
(2) Offsite
consequence analysis data required by paragraphs (B)(4) and (B)(9) to (B)(12)
of rule 3745-104-43 of the
Administrative Code;
.
(4)
Prevention program data required by paragraphs (B)(6), (D), (E)(1) and (F) to (K)
(A)(1), (A)(3), and (A)(5) to (A)(11) of rule
3745-104-45 of the
Administrative Code and the date of the most recent hazard review or update set
for in paragraph (A)(4) of rule
3745-104-45 of the
Administrative Code;
.
(5)
Prevention program data required by paragraphs (B),
(D), (E)(1) and (F) to (P)
(A)(1), (A)(3), and
(A)(5) to (A)(15) of rule
3745-104-46 of the
Administrative Code and the date of completion of the most recent process
hazard analysis or update set for in paragraph (A)(4) of rule
3745-104-46 of the
Administrative Code; and
.
(6)
Emergency response program data required by rule
3745-104-47 of the
Administrative Code.
(C)
Notwithstanding the procedures specified in rule
3745-49-03 of the Administrative
Code, and subject to all other requirements of this rule, an owner or operator
asserting a claim for trade secret protection with respect to information
contained in its RMP shall submit to Ohio EPA, at the time it submits the RMP,
the following:
(1) The information claimed as
trade secret, provided in a format to be specified by Ohio EPA;
.
(2) A sanitized (redacted) copy of the RMP,
with the notation "trade secret" substituted for the information claimed as
trade secret, except that a generic category or class name shall be substituted
for any chemical name or identity claimed confidential; and
.
(3) The document or documents substantiating
each claims of trade secret information as described in rule
3745-104-40 of the
Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 08/13/1999, 01/08/2010, 08/14/2015
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 1/8/10
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