Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Administration › Section 400 KAR 1:060 - Confidentiality of records or other information furnished to or obtained by the Environmental and Public Protection Cabinet

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.870-61.884, 152.590, Chapters 146, 151, 224,
				224A
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-210 and
				224.10-212 require the cabinet to adopt rules and administrative regulations
				regarding the designation of records and information as trade secrets and
				confidential business information. This administrative regulation sets forth
				the definitions and procedures for designation, with the exception that this
				administrative regulation does not apply to records or other information
				furnished to or obtained by the cabinet pursuant to the provisions of KRS
				Chapter 350.
Section 1. Definitions.
			 Whenever used in this administrative regulation the following terms shall have
			 the meaning as set forth herein:
(1) "Record
			 or other information" means all books, papers, maps, photographs, cards, tapes,
			 discs, recordings or other documentary materials regardless of physical form or
			 characteristics, which are furnished to or obtained by the cabinet; provided
			 that, this administrative regulation does not apply to any record or other
			 information furnished to or obtained by the cabinet pursuant to the provisions
			 of KRS Chapter 350;
(2) "Cabinet"
			 means the Environmental and Public Protection Cabinet;
(3) "Trade secret" means a novel or unique
			 plan or process, tool, mechanism or compound, known only to its owner, his
			 employees or former employees, or persons under contractual obligation to hold
			 the information in confidence, which has been perfected and appropriated by the
			 exercise of individual ingenuity, and which gives him an opportunity to retain
			 or obtain an advantage over competitors who do not know it;
(4) "Confidential business information" means
			 any record or other information relating to hazardous waste, which is not of
			 public knowledge or general knowledge in the trade or business, furnished to or
			 obtained by the cabinet, the disclosure of which would be likely to have either
			 of the following effects:
(a) To impair the
			 cabinet's ability to obtain the necessary information in the future;
			 or
(b) To create an unfair
			 advantage in the competitors of the person from which the information was
			 obtained.
(5) "Effluent
			 data" means, with reference to any source of discharge of a pollutant as that
			 term is defined in  401 KAR 5:050:
(a)
			 Information necessary to determine the identity, amount, frequency,
			 concentration, temperature or other characteristics (to the extent related to
			 water quality) of any pollutant which has been discharged by the source (or of
			 any pollutant resulting from any discharge from the source), or any combination
			 of the foregoing;
(b) Information
			 necessary to determine the identity, amount, frequency, concentration,
			 temperature or other characteristics (to the extent related to water quality)
			 of the pollutants which, under an applicable standard or limitation, the source
			 was authorized to discharge (including, to the extent necessary for such
			 purpose, a description of the manner or rate of operation of the
			 source);
(c) A general description
			 of the location and/or nature of the source to the extent necessary to identify
			 the source and to distinguish it from other sources (including, to the extent
			 necessary for such purposes, a description of the device, installation or
			 operation constituting the source);
(d) Information required by a KPDES
			 application form, including information submitted on the forms themselves and
			 any attachments used to supply information required by the forms, and Kentucky
			 Pollution Discharge Elimination System permits; and
(e) Notwithstanding the foregoing, the
			 following information shall be considered to be "effluent data" only to the
			 extent necessary to allow the cabinet to disclose publicly that a source is or
			 is not in compliance with an applicable standard or limitation, or to allow the
			 cabinet to demonstrate the feasibility, practicability, or attainability or
			 lack thereof of an existing or proposed standard or limitation:
1. Information concerning research, or the
			 results of research, on any product, method, device or installation (or any
			 component thereof) which was produced, developed, installed, and used only for
			 research purposes; and
2.
			 Information concerning any product, method, device or installation (or any
			 component thereof) designed and intended to be marketed or used commercially
			 but not yet so marketed or used.
(6) "Emission data" means, with reference to
			 any source of emission of any substance into the air:
(a) Information necessary to determine the
			 identity, amount, frequency, concentration or other characteristics (to the
			 extent related to air quality) of the emissions which have been emitted by the
			 source (or of any pollutant resulting from any emission by the source), or any
			 combination of the foregoing;
(b)
			 Information necessary to determine the identity, amount, frequency,
			 concentration or other characteristics (to the extent related to air quality)
			 of the emissions which, under an applicable standard or limitation, the source
			 was authorized to emit (including, to the extent necessary for such purposes, a
			 description of the manner or rate of operation of the source);
(c) A general description of the location
			 and/or nature of the source to the extent necessary to identify the source and
			 to distinguish from other sources (including, to the extent necessary for such
			 purposes, a description of the device, installation or operation constituting
			 the source); and
(d)
			 Notwithstanding the foregoing, the following information shall be considered to
			 be "emission data" only to the extent necessary to allow the cabinet to
			 disclose publicly that a source is or is not in compliance with an applicable
			 standard or limitation, or to allow the cabinet to demonstrate the feasibility,
			 practicability or attainability or lack thereof of an existing or proposed
			 standard or limitation:
1. Information
			 concerning research, or the results of research on any project, method, device
			 or installation (or any component thereof) which was produced, developed,
			 installed, and used only for research purposes; and
2. Information concerning any product,
			 method, device or installation (or any component thereof) designed and intended
			 to be marketed or used commercially but not yet so marketed or used.
(7) "Owner" or "owner
			 or operator" means the owner of a proprietary interest in a trade secret or
			 confidential business information.