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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