§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).