Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-90 - Release of chemical identity determined to be a non-trade secret; notice of intent to release chemical identity

Current through all regulations passed and filed through July 1, 2024
(A) Where a claimant failed to seek review by
			 the environmental review appeals commission pursuant to procedures established
			 in section 3745.04 of the Revised Code or
			 the court of appeals of Franklin county pursuant to procedures established in
			 section 3745.06 of the Revised Code
			 within twenty days of receiving notice of a determination by the commission
			 that the trade secrecy claim is invalid or that the chemical identity is not
			 entitled to trade secret protection, the commission may furnish notice of
			 intent to disclose that chemical identity claimed as a trade secret within ten
			 days by furnishing the claimant with the notice set forth in paragraph (D) of
			 this rule by certified mail (return receipt requested).
(B) Where a claimant failed to seek review by
			 the environmental review appeals commission pursuant to procedures established
			 in section 3750.04 of the Revised Code or
			 by the court of appeals of Franklin county pursuant to procedures established
			 in section 3745.06 of the Revised Code
			 within twenty days of receiving notice of a determination by the commission
			 that the trade secret is insufficient, or insufficient after receipt of
			 additional material, or if the claimant has not met the standard for good
			 cause, the commission may furnish notice of intent to disclose the chemical
			 identity claimed as a trade secret within ten days of furnishing the claimant
			 with the notice set forth in paragraph (D) of this rule by certified mail
			 (return receipt requested).
(C)
			 Where the commission, upon initial review pursuant to rule
			 3750-60-30
			 of the Administrative Code, determines that the chemical identity claimed as a
			 trade secret in a submittal submitted pursuant to paragraph (D)(2) of rule
			 3750-60-30
			 of the Administrative Code is the subject of a prior final commission
			 determination concerning a claim of trade secrecy for the same chemical
			 identity for the same facility, in which such claim was held invalid, the
			 commission may furnish notice of intent to disclose chemical identity within
			 ten days by furnishing the claimant with the notice set forth in paragraph (D)
			 of this rule by certified mail(return receipt requested).
(D) The commission shall furnish notice of
			 its intent to release chemical identity information claimed as trade secret by
			 sending the following information to the claimant under the circumstances set
			 forth in paragraphs (A), (B), and (C) of this rule.
(1) The notice shall state that the
			 commission will make the chemical identity available to the petitioner and the
			 public on the tenth working day after the date of the claimant's receipt of
			 written notice unless the environmental review appeals commission or the court
			 of appeals has first been notified of the claimant's commencement of an action
			 to obtain review of the determination at issue and to obtain preliminary
			 injunctive relief against disclosure.
(2) The notice shall further state that if
			 the court action is timely commenced, the commission may nonetheless make the
			 information available to the petitioner and the public (in the absence of an
			 order by the court to the contrary), once the court has denied a motion for
			 preliminary injunction in the action or has otherwise upheld the commission
			 determination, or, that if the appeal to the environmental review appeals
			 commission or court of appeals is timely commenced, the commission may
			 nonetheless make the information available to the petitioner and the public
			 whenever it appears to the environmental review appeals commission or the court
			 of appeals, after reasonable notice to the claimant, that the claimant is not
			 taking appropriate measures to obtain a speedy resolution of the action.