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. 28, July 12, 2024
a)
The
				Department shall assemble and post up-to-date copies of the master
				lists
of chemicals
it receives under
				Sections
245.700
				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:
1)
a detailed description of
				the procedures used by the claimant to safeguard
that portion of
the information
on the master list of chemicals for which
				trade secret is claimed
from becoming available to persons other than
				those selected by the claimant to have access to the information for limited
				purposes
;
2)
a
				certification that the person has no knowledge that
the portion of
the information
on the master list of chemicals for which
				trade secret is claimed
has ever been published or disseminated or has
				otherwise become a matter of general public knowledge
;
3) identification of the claimant's specific
				use of the chemicals claimed as trade secret and explanation of why it is a
				secret of interest to competitors, including the following:
A) description of the specific use of the
				chemicals claimed as trade secret, identifying the product or process in which
				it is used. If the claimant uses the chemicals other than as a component of a
				product or in a manufacturing process, this description must identify the
				activity in which the chemical is used;
B) whether the claimant's company or facility
				identity has been linked to the specific identity claimed as trade secret in a
				patent or in publications or other information sources available to the public
				or the claimant's competitors. If so, include an explanation of why this
				knowledge does not eliminate the justification for trade secrecy;
4)
a detailed discussion
				of why the person believes
that the portion of
the
				information
on the master list of chemicals for which trade secret is
				claimed is
of competitive value
and an explanation of why the
				information has general competitive value, not just competitive value at the
				permitee's specific work site;
5)
				that the information being sought to be exempted is a "trade secret" as defined
				in Section 2(d) of the Illinois Trade Secrets Act [765 ILCS 1065 ];
6) the identity of each individual or entity
				to whom that portion of the information on the master list of chemicals for
				which trade secret is claimed has been disclosed, including all local, State
				and federal government entities to which the claimant has disclosed the
				information. For each such individual or entity, the claimant shall indicate
				what confidentiality claim was made and whether the individual or entity denied
				that claim; and
7)
any
				other information that shall support the claim
of trade secret
				(Section 1-77(g) of the Act).