Ohio Admin. Code 3750-60-05 - Assertions of claims of trade secrecy where claim is pending before the administrator
[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 the last paragraph of rule 3750-1-01 of the Administrative Code titled"Incorporation by reference."]
(A) A claimant who is required to file a
report or other filing under the reporting requirements of sections
3750.04,
3750.05,
3750.07, and
3750.08 of the Revised Code or
rules adopted by the commission under divisions (B)(1)(d) or
(B)(1)(e) of section
3750.02 of the Revised Code, may
withhold from submission to the commission, committee, fire department or from
any other person, the specific chemical identity, including the chemical name
and other specific identification of an extremely hazardous substance listed
under 40 CFR Part 355, Appendices A and B or a hazardous chemical identified in
29 CFR
1910.1200(C) on the grounds
that the information constitutes a trade secret if:
(1) At the time of filing the submission to
which the claim of trade secrecy pertains, the claimant submits a claim for
protection of that information as a trade secret pursuant to rules adopted
under division (B)(2)(d) of section
3750.02 of the Revised Code and
submits a copy of the required report that indicates that such a claim has been
filed and contains the generic class or category of the chemical identity in
the place of the specific chemical and that is accompanied by the
substantiation supporting the trade secret claim that was submitted to the
administrator pursuant to section 322 of the Emergency Planning and Community
Right-To-Know Act of 1986,
42
USC 11042. The claimant may withhold from the
copy of the substantiation submitted to the commission, committee, and fire
department having jurisdiction over the facility, the specific chemical
identity claimed to be a trade secret and information identified as
confidential as provided in rule
3750-60-25
of the Administrative Code; or
(2)
The claimant indicated to the commission, committee, and fire department having
jurisdiction over the facility that such a claim was submitted to the
Administrator and that a determination of the trade secrecy claim remains
pending.
(B) A claimant
who is required to submit information under the reporting requirements under
sections 3750.04,
3750.05,
3750.07, and
3750.08 of the Revised Code, and
who has obtained a final determination from the Administrator that the
information otherwise required to be submitted to the commission, committee,
and fire department having jurisdiction over the facility, is a trade secret,
may withhold the submission of the specific chemical identity under this rule
if:
(1) At the time of filing the submission
in which such information is otherwise required, the claimant submits a copy of
the Administrator's final determination of trade secret; and,
(2) The submission to which the trade secret
pertains contains the generic class or category of the chemical identity in
place of the specific chemical identity. Methods of choosing a generic class or
category is set forth in rule
3750-60-10
of the Administrative Code.
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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