Current through Register Vol. 60, No. 12, December 1, 2021
Pursuant to the provisions of ORS 192.410 to 192.505, all information submitted
to DEQ is subject to inspection upon request by any person unless such
information is determined to be exempt from disclosure pursuant to section (2)
If an owner or
operator claims that any writing, as that term is defined in ORS 192.410, is
confidential or otherwise exempt from disclosure, in whole or in part, the
owner or operator must comply with the following procedures:
(a) The writing must be clearly marked with a
request for exemption from disclosure. For a multi-page writing, each page must
be so marked.
(b) The owner or
operator must state the specific statutory provision under which it claims
exemption from disclosure and explain why the writing meets the requirements of
(c) For writings
that contain both exempt and non-exempt material, the proposed exempt material
must be clearly distinguishable from the non-exempt material. If possible, the
exempt material must be arranged so that it is placed on separate pages from
the non-exempt material.
For a writing to be considered exempt
from disclosure as a "trade secret," it must meet all of the following
(a) The information cannot be
(b) It must be known
only to a limited number of individuals within a commercial concern who have
made efforts to maintain the secrecy of the information;
(c) It must be information that derives
actual or potential economic value from not being disclosed to other persons;
(d) It must give its users the
chance to obtain a business advantage over competitors not having the
It must not
be emissions data.
NOTE: This rule is included in the State of Oregon
Clean Air Act Implementation Plan that EQC adopted under OAR
Or. Admin. R.
DEQ 12-1993, f. & cert.
ef. 9-24-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1996, f. &
cert. ef. 10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from
340-028-0400; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01;
7-2015, f. & cert. ef.
Stat. Auth.: ORS 192.430, 468.020 & 468A.050
Stats. Implemented: ORS 192.410 - 192.505, 468.020, 468A.025