Ohio Admin. Code 3750-60-25 - Claims of confidentiality in the substantiation
(A) The claimant
may claim as confidential any trade secret or confidential business information
contained in the substantiation. Such claims for material in the substantiation
are not limited to claims of trade secrecy for specific chemical identity, but
may also include claims of confidentiality for any confidential business
information. To claim this material as confidential, the claimant shall clearly
designate those portions of the substantiation to be claimed as confidential by
marking those portions "Confidential" or "Trade Secret". Information not so
marked will be treated as public and may be disclosed without notice to the
claimant.
(B) A claimant, owner,
or operator or senior official with management responsibility shall sign the
certification stating that those portions of the substantiation claimed as
confidential would, if disclosed, reveal the chemical identity being claimed as
a trade secret, or would reveal other confidential business or trade secret
information. This certification is contained on the substantiation form set
forth in rule
3750-60-23
of the Administrative Code.
(C)
The claimant shall submit to the commission two copies of the substantiation,
one of which shall be the unsanitized version and the other shall be the
sanitized version.
(1) The unsanitized copy
shall contain all of the information claimed as a trade secret or as
confidential, and marked as indicated in paragraph (A) of this rule.
(2) The second copy shall be identical to the
unsanitized substantiation identified in paragraph (C)(1) of this rule, except
that it will be a sanitized version, in which all of the information claimed as
a trade secret or as confidential shall be deleted. If any of the information
claimed as a trade secret in the substantiation is the chemical identity which
is the subject of the substantiation, the claimant shall include the
appropriate generic class or category of the chemical claimed as a trade
secret. The method for choosing a generic class or category is set forth in
rule
3750-60-10
of the Administrative Code. This sanitized copy shall be submitted to the
committee and the fire department having jurisdiction over the facility, as
appropriate, and made publicly available.
Notes
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3750.02(B)(1)(i), 3750.02(B)(2)(d), 3750.02(B)(5), 3750.02(B)(14)
Rule amplifies: RC 3750.09
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