(A) Except as
provided in paragraph (B) of this rule, a claimant who is required to file a
report or other filing under the reporting requirements in sections
3750.04,
3750.05,
3750.07, and
3750.08 of the Revised Code may
withhold from such submission to the committee and fire department having
jurisdiction over the facility or any other person, the specific chemical
identity, including the chemical name or other specific identification, of
those additional extremely hazardous substance listed under paragraph (B) of
rule
3750-20-30
of the Administrative Code or those additional hazardous chemical identified
under paragraph (B) of rule
3750-30-25
of the Administrative Code, on the grounds that the information constitutes a
trade secret if either of the following conditions are met:
(1) At the time of the submission of the
information to which the claim of trade secrecy pertains, the claimant submits
a claim to the commission for protection of that information as a trade secret
in accordance with this section and rule
3750-60-09
of the Administrative Code;
(a) The claimant
files with the commission the claim for trade secrecy along with the required
submission which clearly indicates the specific chemical identity claimed as a
trade secret in accordance with the procedures set forth in rule
3750-60-09
of the Administrative Code; and
(b) The claimant submits to the committee and
fire department having jurisdiction over the facility a copy of the required
report that contains the generic class or category of the chemical identity in
place of the specific chemical identity in accordance with the procedures set
forth in rule
3750-60-09
of the Administrative Code. The method of choosing a generic class or category
is set forth in rule 3750-60-10 of the Administrative Code; and
(c) The submission to which a trade secret
pertains is accompanied by a copy of the substantiation supporting the trade
secret claim as identified in rule
3750-60-20
of the Administrative Code. The claimant may withhold from the copy of the
substantiation submitted to the committee and fire department having
jurisdiction over the facility, the specific chemical identity claimed to be a
trade secret and information identified as confidential as provided under rule
3750-60-25
of the Administrative Code.
(2) The claimant indicates to the committee
and fire department having jurisdiction over the facility that such a claim was
submitted to the commission and that a determination remains pending; or
(3) The claimant indicates to
committee and fire department having jurisdiction over the facility that a
final determination from the commission that the information otherwise required
to be submitted is a trade secret.
(B) No person shall withhold the specific
identity of a chemical on the grounds that it is a trade secret:
(1) From any submission under sections
3750.04,
3750.05,
3750.07, and
3750.08 of the Revised Code, if
it has been determined pursuant divisions (B)(2)(d), (B)(5), and (B)(14) of
section 3750.02 of the Revised Code that
no trade secret exists.
(2) In any
notification of release required by section
3750.06 of the Revised Code.
(3) When required to provide the
specific chemical identity to a health professional, physician, or nurse
pursuant to division (E) of section
3750.09 of the Revised Code.
(4) When the information is
requested by the governor, pursuant to division (D) of section
3750.09 of the Revised Code.
(5) When the information is
requested by any treating physician or nurse in a medical emergency pursuant to
division (E)(2) of section
3750.09 of the Revised Code.
(6) When the information is
requested by any health profession, including without limitation, a physician,
toxicologist, or epidemiologist pursuant to division (E)(3) of section
3750.09 of the Revised Code.