3745-104-39 Assertation of claims of trade secret information.

(A) Except as provided in paragraph (B) of this rule, an owner or operator of a stationary source required to report or otherwise provide information under this chapter may make a claim for trade secret protection for any such information. Such information shall be designated trade secret only after the director, pursuant to rule 3745-49-03 of the Administrative Code, determines that the information meets the definition of trade secret as defined by section 1333.61 of the Revised Code.

(B) Notwithstanding the provisions of rule 3745-49-03 of the Administrative Code, an owner or operator may not claim as a trade secret the following information:

(1) Registration required by paragraphs (B)(1) to (B)(6), (B)(8) and (B)(10) to (B)(13) of rule 3745-104-42 of the Administrative Code and NAICS code and program level of the process set forth in paragraph (B)(7) of rule 3745-104-42 of the Administrative Code.

(2) Offsite consequence analysis data required by paragraphs (B)(4) and (B)(9) to (B)(12) of rule 3745-104-43 of the Administrative Code.

(3) Accident history data required by rule 3745-104-44 of the Administrative Code.

(4) Prevention program data required by paragraphs (A)(1), (A)(3), and (A)(5) to (A)(11) of rule 3745-104-45 of the Administrative Code and the date of the most recent hazard review or update set for in paragraph (A)(4) of rule 3745-104-45 of the Administrative Code.

(5) Prevention program data required by paragraphs (A)(1), (A)(3), and (A)(5) to (A)(15) of rule 3745-104-46 of the Administrative Code and the date of completion of the most recent process hazard analysis or update set for in paragraph (A)(4) of rule 3745-104-46 of the Administrative Code.

(6) Emergency response program data required by rule 3745-104-47 of the Administrative Code.

(C) Notwithstanding the procedures specified in rule 3745-49-03 of the Administrative Code, and subject to all other requirements of this rule, an owner or operator asserting a claim for trade secret protection with respect to information contained in its RMP shall submit to Ohio EPA, at the time it submits the RMP, the following:

(1) The information claimed as trade secret, provided in a format to be specified by Ohio EPA.

(2) A sanitized (redacted) copy of the RMP, with the notation "trade secret" substituted for the information claimed as trade secret, except that a generic category or class name shall be substituted for any chemical name or identity claimed confidential.

(3) The document or documents substantiating each claims of trade secret information as described in rule 3745-104-40 of the Administrative Code.

Effective: 8/14/2015
Five Year Review (FYR) Dates: 05/28/2015 and 04/10/2020
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 1/8/10