Ohio Admin. Code 3750-60-09 - Methods of asserting trade secrecy claims
(A) Method of asserting claims of trade
secrecy for information submitted under division (C) of rule
3750.05 of the Revised Code:
(1) In submitting information requested by
the committee under division (C) of section
3750.05 of the Revised Code, the
claimant may claim as trade secret the specific chemical identity of any
chemical subject to reporting under section
3750.05 of the Revised Code. To
assert a claim for trade secrecy under this section, the claimant shall submit
to the commission the following information:
(a) A copy of the information which is being
submitted under division (C) of section
3750.05 of the Revised Code to
the committee, with the chemical identity or identities claimed trade secret
deleted, and the generic class or category of the chemical identity or
identities inserted in its place. The method for choosing a generic class or
category is set forth in rule
3750-60-10
of the Administrative Code.
(b) A
sanitized and unsanitized substantiation in accordance with paragraph (C) of
rule
3750-60-25
of the Administrative Code for each chemical identity claimed as trade secret.
The claimant may claim the information in the substantiation as a trade secret
or as confidential in accordance with rule
3750-60-25
of the Administrative Code.
(2) Trade secret claims asserted under
paragraph (A) of this rule shall be sent to the address specified in rule
3750-60-95
of the Administrative Code.
(B) Methods of asserting claims of trade
secrecy for information submitted under section
3750.07 of the Revised Code.
(1) The claimant may claim as trade secret
the specific chemical identity of any chemical subject to reporting under
section 3750.07 of the Revised Code on
the material safety data sheet. To assert a claim for trade secrecy for a
chemical on a material safety data sheet, the claimant shall submit to the
commission the following information:
(a) One
copy of the material safety data sheet which is being submitted under division
(E) of section 3750.07 of the Revised Code to
the committee and fire department having jurisdiction over the facility, which
shall make it available to the public. In place of the specific chemical
identity claimed as a trade secret, the generic class or category of the
chemical claimed as a trade secret shall be inserted. The method for choosing a
generic class or category is set forth in rule
3750-60-10
of the Administrative Code.
(b) A
sanitized and unsanitized substantiation in accordance with paragraph (C) of
rule
3750-60-25
of the Administrative Code for every chemical identity claimed as a trade
secret. The claimant may claim the information in the substantiation as a trade
secret or as confidential in accordance with rule
3750-60-25
of the Administrative Code.
(2) The claimant may claim as trade secret
the specific chemical identity of any chemical subject to reporting under
section 3750.07 of the Revised Code on
the chemical list. To assert a claim for trade secrecy for a chemical identity
on the list, the claimant shall submit to the commission the following
information:
(a) An unsanitized copy of the
chemical list which is being submitted under division (A) of section
3750.07 of the Revised Code. The
claimant shall clearly indicate the specific chemical identity claimed as trade
secret, and shall label it "Trade Secret". The generic class or category of the
chemical claimed as trade secret shall be inserted directly below the claimed
chemical identity. The method for choosing a generic class or category is set
forth in rule
3750-60-10
of the Administrative Code.
(b) A
sanitized copy of the chemical list shall be identical to the document
identified in paragraph (B)(2)(a) of this rule except that the claimant shall
delete the chemical identity or identities claimed as trade secret, leaving in
place the generic class or category. This copy shall be sent by the claimant to
the committee and fire department having jurisdiction over the facility, which
shall make it available to the public.
(c) A sanitized and unsanitized
substantiation in accordance with paragraph (C) of rule
3750-60-25
of the Administrative Code for every chemical identity claimed as a trade
secret. The claimant may claim information in the substantiation as a trade
secret or as confidential in accordance with rule
3750-60-25
of the Administrative Code.
(3) Trade secrecy claims asserted under
paragraph (B) of this rule shall be sent to the address specified in rule
3750-60-95
of the Administrative Code.
(C) Methods of asserting claims of trade
secrecy for information submitted under section
3750.08 of the Revised Code.
(1) The claimant may claim as trade secret
the specific chemical identity of any chemical subject to reporting under
section 3750.08 of the Revised Code. To
assert a claim for trade secrecy for a chemical identity reported on an
emergency and hazardous chemical inventory form, the claimant shall submit to
the commission the following information:
(a)
An unsanitized copy of the Tier II emergency and hazardous chemical inventory
form which is being submitted under division (B) of section
3750.08 of the Revised Code. The
claimant shall clearly indicate the specific chemical identity claimed as a
trade secret by checking the box marked "Trade Secret" next to the claimed
chemical identity. The Tier I emergency and hazardous chemical inventory form
does not require the reporting of specific chemical identity and therefore, no
trade secrecy claims may be asserted with respect to that form.
(b) A sanitized copy of the Tier II emergency
and hazardous chemical inventory form. This copy shall be identical to the
document identified in paragraph (C)(1)(a) of this rule except that the
claimant shall delete the chemical identity or identities claimed as a trade
secret and include instead the generic class or category of the chemical
claimed as a trade secret. The method of choosing a generic class or category
is set forth in rule
3750-60-10
of the Administrative Code. This copy shall be sent by the claimant to the
committee and the fire department having jurisdiction over the facility, or
whichever entity requested the information.
(c) The sanitized and unsanitized
substantiation in accordance with paragraph (C) of rule
3750-60-25
of the Administrative Code for every chemical identity claimed as a trade
secret. The claimant may claim information in the substantiation as trade
secret or as confidential in accordance with rule
3750-60-25
of the Administrative Code.
(2) Trade secrecy claims asserted under
paragraph (C) of this rule shall be sent to the address specified on rule
3750-60-95
of the Administrative Code.
(D) If a specific chemical identify is
submitted to commission, committee or local fire department having jurisdiction
over the facility, without asserting a trade secrecy claim, the chemical
identity shall be considered to have been voluntarily disclosed, and non-trade
secret.
(E) A claimant making a
trade secrecy claim under this rule shall submit to entities other than the
commission only the sanitized or public copy of the submission and
substantiation.
Notes
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3750.02(B)(1)(i), 3750.02(B)(2), 3750.02(B)(5), 3750.02(B)(14)
Rule amplifies: RC 3750.09
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.