§800. Trade secrets

1.  Withholding information.  Information that constitutes a trade secret may be withheld from the local emergency planning committee or fire department, and specific chemical names and identifications may be withheld in accordance with this subchapter if:

A. The information has not been disclosed to any other person except the commission, the local emergency planning committee, a public official or a person bound by confidentiality agreement, and reasonable measures have been taken to protect confidentiality;   [PL 1989, c. 464, §3 (NEW).]

B. The information is not required to be disclosed by law;   [PL 1989, c. 464, §3 (NEW).]

C. Disclosure is likely to cause harm to the business's competitive position; and   [PL 1989, c. 464, §3 (NEW).]

D. The chemical identity in question is not readily discoverable through reverse engineering.   [PL 1989, c. 464, §3 (NEW).]

[PL 1989, c. 464, §3 (NEW).]

2.  Substitute information.  If trade secrecy is claimed, the owner or operator of the facility shall substitute on the relevant forms:

A. The generic class of the material;   [PL 1989, c. 464, §3 (NEW).]

B. Sufficient information so that emergency responders will not be hampered; and   [PL 1989, c. 464, §3 (NEW).]

C. Identification of potential adverse health effects posed by the hazardous chemical or extremely hazardous substance.   [PL 1989, c. 464, §3 (NEW).]

[PL 1989, c. 464, §3 (NEW).]

3.  Exception.  Trade secrecy cannot be claimed if:

A. The commission and the United States Environmental Protection Agency so rule;   [PL 1989, c. 464, §3 (NEW).]

B. Notification is required by a release; or   [PL 1989, c. 464, §3 (NEW).]

C. In the event of a life threatening situation, the information is requested by the State Toxicologist or a health professional treating a victim of exposure to the chemical.   [PL 1989, c. 464, §3 (NEW).]

[PL 1989, c. 464, §3 (NEW).]

SECTION HISTORY

PL 1989, c. 464, §3 (NEW).