Illinois Administrative Code
Title 62 - MINING
Part 245 - HYDRAULIC FRACTURING REGULATORY ACT
Subpart G - CHEMICAL DISCLOSURE; TRADE SECRETS
Section 245.720 - Department Publication of Chemical Disclosures and Claims of Trade Secret
Current through Register Vol. 48, No. 12, March 22, 2024
a) The Department shall assemble and post up-to-date copies of the master lists of chemicals it receives under Sections245.700 and 245.710 on its website within 14 calendar days after receipt (Section 1-77(e) of the Act).
b) When an applicant, permittee, or person performing high volume horizontal hydraulic fracturing operations furnishes chemical disclosure information to the Department under Section 245.210, 245.700, 245.710 or 245.860 under a claim of trade secret, the applicant, permittee, or person performing high volume horizontal hydraulic fracturing operations shall submit redacted and un-redacted copies of the documents identifying the specific information on the master list of chemicals claimed to be protected as trade secret. The redacted copy shall provide a description of the chemical family or other similar descriptor associated with that chemical. The Department shall use the redacted copies when posting the master list of chemicals on its website. (Section 1-77(f) of the Act)
c) Upon submission or within 5 calendar days after submission of the master list of chemicals with chemical disclosure information to the Department under Section 245.210, 245.700, 245.710 or 245.860 under a claim of trade secret, the person that claimed trade secret protection ("claimant") shall provide a justification of the claim containing an affidavit swearing or affirming under penalty of perjury, that the information is a bona fide trade secret. The affidavit shall include:
d) Chemical disclosure information furnished under Section 245.210, 245.700, 245.710 or 245.860 under a claim of trade secret shall be protected from disclosure as a trade secret if the Department determines that the statement of justification demonstrates that (Section 1-77(h) of the Act):
e) Denial of a trade secret request under this Section shall be appealable under the Administrative Review Law (Section 1-77(i) of the Act) and the rules adopted under that Law.
f) A person whose request to inspect or copy a public record is denied, in whole or in part, because of a grant of trade secret protection may file a request for review with the Public Access Counselor under Section 9.5 of the Freedom of Information Act [5 ILCS 140 ] or for injunctive or declaratory relief under Section 11 of the Freedom of Information Act for the purpose of reviewing whether the Department properly determined that the trade secret protection should be granted (Section 1-77(j) of the Act).
g) Except as otherwise provided in Section245.730 of this Part and Section 1-77(m) of the Act, the Department must maintain the confidentiality of chemical disclosure information furnished under Section 245.210, 245.700, 245.710 or 245.860 under a claim of trade secret, until the Department receives official notification of a final order by a reviewing body with proper jurisdiction that is not subject to further appeal rejecting a grant of trade secret protection for that information (Section 1-77(k) of the Act).