Current through all regulations passed and filed through September 16, 2024
(A)
Any information provided to Ohio EPA under Chapters
3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69,
3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code may be
made available to the public to the extent and in the manner authorized by rule
3745-49-03 of the Administrative
Code.
(B)
Except as provided under paragraphs (C) and (D) of this
rule, any person who submits information to Ohio EPA in accordance with
Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to
3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code
may assert a claim of trade secret confidentiality covering all or part of that
information by following the procedures provided in rule
3745-49-03 of the Administrative
Code. Information covered by such a claim may be disclosed by Ohio EPA only to
the extent, and by means of the procedures, provided in rule
3745-49-03 of the Administrative
Code.
(C)
Hazardous waste manifests.
(1)
After August 6,
2014, no claim of business confidentiality may be asserted by any person with
respect to information that may be prepared and used under
40 C.F.R.
262.20(a)(3) or paragraph
(A)(3) of rule 3745-52-20 of the Administrative Code that is provided via any
of the following means:
(a)
A hazardous waste manifest (U.S. EPA form
8700-22).
(b)
A hazardous waste manifest continuation sheet (U.S. EPA
form 8700-22A).
(c)
An electronic manifest
format.
(2)
When the electronic or paper manifest is a complete and
final document as described in paragraph (C)(3) of this rule, U.S. EPA or Ohio
EPA may make available to the public any of the following:
(a)
Any electronic
manifest that is prepared and used in accordance with
40 C.F.R.
262.20(a)(3) or paragraph
(A)(3) of rule 3745-52-20 of the Administrative Code.
(b)
Any paper
manifest that is submitted to U.S. EPA's waste import-export tracking system
under
40 C.F.R.
264.71 or
40 C.F.R.
265.71, or rule 3745-54-71 or 3745-65-71 of
the Administrative Code.
(3)
Submitted
electronic manifests and paper manifests are considered to be complete and
final documents and publicly available information ninety days after the
delivery to the designated facility of the hazardous waste shipment that is
identified in the manifest.
(D)
Cathode ray tube
import or export documents.
(1)
After June 26, 2018, whether the information is
submitted electronically into U.S. EPA's waste import-export tracking system or
in paper format, no claim of business confidentiality may be asserted by any
person with respect to information in cathode ray tube export documents that
are prepared, used, and submitted under
40
C.F.R. 261.39(a)(5) or
40
C.F.R. 261.41(a), and with
respect to information in hazardous waste export, import, and transit documents
that are prepared, used, and submitted under
40 C.F.R.
262.82,
262.83,
262.84,
263.20,
264.12,
264.71,
265.12, or
265.71 or
rule 3745-53-20, 3745-54-12, 3745-54-71, 3745-65-12, or 3745-65-71 of the
Administrative Code.
(2)
When the electronic or paper documents described in
paragraph (D)(1) of this rule are considered to be final documents as described
in paragraph (D)(3) of this rule, U.S. EPA or Ohio EPA may make available to
the public any of the following:
(a)
Any cathode ray tube export documents that are
prepared, used, and submitted under
40
C.F.R. 261.39(a)(5) or
40
C.F.R.
261.41(a).
(b)
Any hazardous
waste export, import, and transit documents prepared, used and submitted under
40 C.F.R.
262.82,
262.83,
262.84,
263.20,
264.12,
264.71,
265.12, or
265.71 or
rule 3745-53-20, 3745-54-12, 3745-54-71, 3745-65-12, or 3745-65-71 of the
Administrative Code.
(3)
Submitted
electronic and paper documents that are related to hazardous waste exports,
imports, and transits and cathode ray tube exports are considered to be final
documents on March first of the calendar year after the related cathode ray
tube exports or hazardous waste exports, imports, or transits occur.
[Comment 1: For additional information
regarding business confidentiality, see rule
3745-49-03 of the Administrative
Code.]
[Comment 2: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]
