Or. Admin. R. 340-214-0130 - Reporting: Information Exempt from Disclosure
(1) 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) or (3).
(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 that provision.
(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.
(3) For a
writing to be considered exempt from disclosure as a "trade secret," it must
meet all of the following criteria:
(a) The
information cannot be patented;
(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 information; and
(e)
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 340-200-0040.
Notes
Statutory/Other Authority: ORS 192.430, 468.020 & 468A.050
Statutes/Other Implemented: ORS 192.410 - 192.505, 468.020, 468A.025 & 468A.050
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