Ohio Admin. Code 3750-60-01 - Definitions
(A) As used in this
chapter:
(1) "Business confidentiality" or
"confidential business information" includes the concept of trade secrecy and
other related legal concepts which give (or may give) a business the right to
preserve the confidentiality of business information and to limit its use or
disclosure by others in order that the business may obtain or retain business
advantages it derives from its right in the information.
(2) "Claimant" means a person submitting a
claim of trade secrecy to the commission in connection with a chemical listed
or identified by the commission under division (C)(5) of section
3750.02 of the Revised Code
otherwise required to be disclosed in a report or other filing made pursuant to
sections 3750.04,
3750.05,
3750.07, and
3750.08 of the Revised Code.
(3) "Petitioner" means any person
who submits a petition under rule
3750-60-60
of the Administrative Code requesting disclosure of a chemical identity claimed
as a trade secret.
(4) "Sanitized"
means a version of a document or report from which information claimed as a
trade secret or confidential has been omitted or is withheld.
(5) "Senior management official" means an
official with management responsibility for the person or persons completing
the report, or the manager of environmental programs for the facility or
establishments, or for the corporation owning or operating the facility or
establishments responsible for certifying similar reports under other
environmental regulatory requirements.
(6) "Special chemical identity" means the
chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other
information that reveals the precise chemical designation of the substance.
Where the trade name is reported in lieu of the specific chemical identity, the
trade name will be treated as the specific chemical identity for purposes of
this chapter.
(7) "Substantiation"
means the written answers submitted to the commission by the claimant under
rule
3750-60-20
of the Administrative Code in support of a claim that a chemical identity is a
trade secret.
(8) "Trade secrecy
claim" means a submittal under sections
3750.04,
3750.05,
3750.07, and
3750.08 of the Revised Code in
which a chemical identity is claimed as a trade secret, and is accompanied by a
substantiation in support of the claim of trade secrecy for chemical identity.
(9) "Trade secret" means any
confidential formula, pattern, process, device, information or compilation of
information that is used in the claimant's business and which gives the
claimant's an opportunity to obtain an advantage over competitors who do not
know or use it.
(10) "Unsanitized"
means a version of a document or report from which information claimed as a
trade secret or confidential has not been omitted or withheld.
Notes
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(i), 3750.02(B)(2)(d), 3750(B)(5), and 3750.02(B)(14)
Rule Amplifies: 3750.09
Prior Effective Dates: 6/30/93
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