reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-50 - Fees, Funding and Grants › Section 3750-50-10 - Grant application for emergency planning and community right-to-know funds

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see paragraph (YY) of
				rule
				3750-1-01
				of the Administrative Code titled "Referenced materials."]
(A) From the moneys collected under paragraph
			 (A) rule
			 3750-50-03
			 of the Administrative Code, the commission, shall make annual grants from the
			 fund to the commission, state agencies represented on the commission,
			 committees and fire departments within the percentage ranges specified in
			 paragraph (D) of rule
			 3750-50-03
			 of the Administrative Code for the implementation, administration and
			 enforcement of Chapter 3750. of the Revised Code.
(B) Each application for a grant shall be
			 submitted on forms adopted by the commission as prescribed in this rule. Each
			 application for a grant shall be completed and submitted in triplicate to the
			 commission in compliance with the following schedule:
(1) Committee grant applications shall be
			 postmarked no later than the first day of February.
(2) Fire department grant applications shall
			 be submitted with the committee's grant application within whose
			 jurisdiction they lie on the same dates as listed in
			 paragraph (B)(1) of this rule. Fire department applications shall be submitted
			 in compliance with paragraph (F) of this rule.
(3) Applications for each state agency
			 represented on the commission, the commission and the environmental review
			 appeals commission shall be prepared and submitted to the commission, date
			 stamped no later than April first for the upcoming fiscal year.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-50 - Fees, Funding and Grants › Section 3750-50-15 - Reimbursement for costs incurred under Chapter 3750. of the Revised Code

Current through all regulations passed and filed through July 1, 2024
(A) A committee
			 may, for the implementation, administration and enforcement of Chapter 3750. of
			 the Revised Code:
(1) Make grants from the
			 moneys it receives under rule
			 3750-50-10
			 of the Administrative Code to reimburse any portion of the contributions made
			 by a political subdivision to the committee to the extent that the committee
			 considers that the moneys are available for that purpose.
(2) Receive and accept from any public or
			 private source, gifts, grants, or contributions of money, services of personnel
			 and real or personal property or their use.
(3) Accept contributions from a municipal
			 corporation, county, or township may, for purposes of this rule, of money,
			 services of personnel, and real or personal property or their use on behalf of
			 the district in which it is located.
(4) The committee shall appoint and fix the
			 compensation of employees or enter into contracts necessary or appropriate to
			 perform the functions of a committee under Chapter 3750. of the Revised Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-50 - Fees, Funding and Grants › Section 3750-50-20 - Emergency planning and community right-to-know reserve fund

Current through all regulations passed and filed through July 1, 2024
(A) Moneys
			 collected and accumulated by the commission under rule
			 3750-50-03
			 of the Administrative Code in excess of five million dollars during a state
			 fiscal year shall be credited to the "Emergency Planning and Community
			 Right-To-Know Reserve Fund" (hereinafter referred to as "Reserve Fund") created
			 in section 3750.14 of the Revised Code. The
			 commission shall administer the reserve fund.
(B) If moneys accumulate in the reserve fund
			 is in excess of three million dollars during any state fiscal year, the
			 treasurer of the state of Ohio shall refund those excess moneys at the end of
			 the state fiscal year on a pro rata basis to the owners or operators of
			 facilities who paid filing fees under rule
			 3750-50-01
			 of the Administrative Code.
(C) If,
			 in any state fiscal year, less than five million dollars is credited to the
			 fund under rule
			 3750-50-03
			 of the Administrative Code, the director of budget and management, upon the
			 certification of the commission, may transfer up to fifty per cent of the
			 moneys in the reserve fund to the fund.
The director of budget and management shall transfer only such
				amounts as are necessary to ensure all budgetary requirements of the fund are
				met, provided that expenditures from the fund shall not exceed five million
				dollars during any state fiscal year.
(D) Fifty per cent of the moneys in the
			 reserve fund shall be used for the grant program provided under paragraph (E)
			 of rule
			 3750-50-10
			 of the Administrative Code and fifty per cent of the moneys shall remain in
			 reserve for purposes of paragraph (F) of this rule.
(E) The commission may make grants from the
			 reserve fund to the commission, state agencies represented on the commission,
			 committees and the fire departments. No more than twenty-five per cent of the
			 moneys available for grants during any state fiscal year shall be available to
			 the commission.
(F) The commission
			 may make grants to the commission, state agencies represented on the
			 commission, committees, and the fire departments for the following:
(1)
			 The development and implementation of chemical emergency response and
			 preparedness plans.
(2)
			 Advance training.
(3) Data
			 management;
(4) Performance of
			 hazard analysis and vulnerability studies for purposes of developing or
			 revising their plans.
(5) The
			 acquisition of first response equipment.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-50 - Fees, Funding and Grants › Section 3750-50-25 - Grant application for funds in the emergency planning and community right-to-know reserve fund

Current through all regulations passed and filed through July 1, 2024
(A) Each application for a grant shall be
			 submitted on forms adopted by the commission. Such grant applications shall be
			 completed and submitted to the commission in triplicate.
(B) All applications for grants submitted by
			 the committees and fire departments within the jurisdiction of a committee
			 shall be submitted jointly by the committee to the commission.
A fire department which is wholly within one emergency planning
				district shall apply for and receive a grant under this rule only through the
				committee of that emergency planning district. A fire department which is
				within more than one emergency planning district shall apply for and receive a
				grant under this rule only through one committee of the emergency planning
				district for any state fiscal year.
(C) Each application for a grant submitted to
			 the commission pursuant to this rule shall demonstrate that the grant will
			 enhance the ability of the recipient or, in case of the state agencies
			 represented on the commission or commission, the state as a whole, to prepare
			 for and respond to releases of hazardous substances and extremely hazardous
			 substances.
(D) Each application
			 from a committee shall demonstrate that expenditures from applicable local
			 revenues for the purpose of preparedness for emergency response to those
			 releases and for administration of the district's emergency response program
			 did not decline during the immediately preceding three years.
(E) No grant shall be awarded from the
			 reserve fund unless the grantee provides matching funds equal to twenty-five
			 per cent of the amount requested.
If two or more committees submit a joint application for a
				grant to promote cooperative emergency planning and training or to share first
				response equipment, the matching fund requirement shall be reduced to ten per
				cent of the amount requested.
The matching funds required by this rule may consist of
				contributions of money by any person or of contributions in-kind through the
				purchase of first response equipment.
No moneys received pursuant to rule
				3750-50-10
				of the Administrative Code shall be used to provide any of the matching funds
				required by this rule.
(F)
			 No grant awarded under this rule shall exceed the amount of one hundred
			 thousand dollars.
Five Year Review (FYR) Dates:
				03/30/2016 and
				03/30/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(7)
Rule Amplifies:
				3750.15(B)
Prior Effective Dates: 2/22/90 (Emer.),
				6/30/90
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) As used in this
			 chapter:
(1) "Business confidentiality" or
			 "confidential business information" includes the concept of trade secrecy and
			 other related legal concepts which give (or may give) a business the right to
			 preserve the confidentiality of business information and to limit its use or
			 disclosure by others in order that the business may obtain or retain business
			 advantages it derives from its right in the information.
(2) "Claimant" means a person submitting a
			 claim of trade secrecy to the commission in connection with a chemical listed
			 or identified by the commission under division (C)(5) of section
			 3750.02 of the Revised Code
			 otherwise required to be disclosed in a report or other filing made pursuant to
			 sections 3750.04,
			 3750.05,
			 3750.07, and
			 3750.08 of the Revised Code.
(3) "Petitioner" means any person
			 who submits a petition under rule
			 3750-60-60
			 of the Administrative Code requesting disclosure of a chemical identity claimed
			 as a trade secret.
(4) "Sanitized"
			 means a version of a document or report from which information claimed as a
			 trade secret or confidential has been omitted or is withheld.
(5) "Senior management official" means an
			 official with management responsibility for the person or persons completing
			 the report, or the manager of environmental programs for the facility or
			 establishments, or for the corporation owning or operating the facility or
			 establishments responsible for certifying similar reports under other
			 environmental regulatory requirements.
(6) "Special chemical identity" means the
			 chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other
			 information that reveals the precise chemical designation of the substance.
			 Where the trade name is reported in lieu of the specific chemical identity, the
			 trade name will be treated as the specific chemical identity for purposes of
			 this chapter.
(7) "Substantiation"
			 means the written answers submitted to the commission by the claimant under
			 rule
			 3750-60-20
			 of the Administrative Code in support of a claim that a chemical identity is a
			 trade secret.
(8) "Trade secrecy
			 claim" means a submittal under sections
			 3750.04,
			 3750.05,
			 3750.07, and
			 3750.08 of the Revised Code in
			 which a chemical identity is claimed as a trade secret, and is accompanied by a
			 substantiation in support of the claim of trade secrecy for chemical identity.
(9) "Trade secret" means any
			 confidential formula, pattern, process, device, information or compilation of
			 information that is used in the claimant's business and which gives the
			 claimant's an opportunity to obtain an advantage over competitors who do not
			 know or use it.
(10) "Unsanitized"
			 means a version of a document or report from which information claimed as a
			 trade secret or confidential has not been omitted or withheld.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-03 - Scope

Current through all regulations passed and filed through July 1, 2024
(A) The rules
			 adopted under this chapter shall govern the assertion of trade secrecy claims
			 for specific chemical identity information collected under the authority of
			 sections 3750.04,
			 3750.05,
			 3750.07, and
			 3750.08 of the Revised Code and
			 for business confidentiality claims for information submitted in the
			 substantiation as provided in rule
			 3750-60-25
			 of the Administrative Code.
(B)
			 Rules adopted under this chapter shall govern the petitions from the public
			 submitted pursuant to rule
			 3750-60-60
			 of the Administrative Code requesting the disclosure of chemical identity
			 claimed as a trade secret under rules
			 3750-60-07
			 and
			 3750-60-09
			 of the Administrative Code, and determinations by the commission of whether the
			 information is entitled to trade secret treatment as set forth under rule
			 3750-60-40
			 of the Administrative Code.
(C) A
			 claim for trade secrecy filed pursuant to rule
			 3750-60-07
			 of the Administrative Code may be asserted only for those additional extremely
			 hazardous substances listed in paragraph (B) of rules
			 3750-20-30
			 of the Administrative Code or only for those additional hazardous chemicals
			 identified in paragraph (B) of rule
			 3750-30-25
			 of the Administrative Code.
(D)
			 Claims for confidentiality of location of hazardous chemicals under paragraph
			 (H)(8) of rule
			 3750-30-20
			 of the Administrative Code are not subject to the requirements under this
			 section.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-05 - Assertions of claims of trade secrecy where claim is pending before the administrator

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see the last paragraph of
				rule
				3750-1-01
				of the Administrative Code titled"Incorporation by reference."]
(A) A claimant who is required to file a
			 report or other filing under the reporting requirements of sections
			 3750.04,
			 3750.05,
			 3750.07, and
			 3750.08 of the Revised Code or
			 rules adopted by the commission under divisions (B)(1)(d) or
(B)(1)(e) of section
			 3750.02 of the Revised Code, may
			 withhold from submission to the commission, committee, fire department or from
			 any other person, the specific chemical identity, including the chemical name
			 and other specific identification of an extremely hazardous substance listed
			 under 40 CFR Part 355, Appendices A and B or a hazardous chemical identified in
			 29 CFR
			 1910.1200(C) on the grounds
			 that the information constitutes a trade secret if:
(1) At the time of filing the submission to
			 which the claim of trade secrecy pertains, the claimant submits a claim for
			 protection of that information as a trade secret pursuant to rules adopted
			 under division (B)(2)(d) of section
			 3750.02 of the Revised Code and
			 submits a copy of the required report that indicates that such a claim has been
			 filed and contains the generic class or category of the chemical identity in
			 the place of the specific chemical and that is accompanied by the
			 substantiation supporting the trade secret claim that was submitted to the
			 administrator pursuant to section 322 of the Emergency Planning and Community
			 Right-To-Know Act of 1986,
			 42
			 USC 11042. The claimant may withhold from the
			 copy of the substantiation submitted to the commission, 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 in rule
			 3750-60-25
			 of the Administrative Code; or
(2)
			 The claimant indicated to the commission, committee, and fire department having
			 jurisdiction over the facility that such a claim was submitted to the
			 Administrator and that a determination of the trade secrecy claim remains
			 pending.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-07 - Assertion of claims for trade secrecy for the specific chemical identity of those additional chemicals listed or identified by the commission

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-09 - Methods of asserting trade secrecy claims

Current through all regulations passed and filed through July 1, 2024
(A) Method of asserting claims of trade
			 secrecy for information submitted under division (C) of rule
			 3750.05 of the Revised Code:
(1) In submitting information requested by
			 the committee under division (C) of section
			 3750.05 of the Revised Code, the
			 claimant may claim as trade secret the specific chemical identity of any
			 chemical subject to reporting under section
			 3750.05 of the Revised Code. To
			 assert a claim for trade secrecy under this section, the claimant shall submit
			 to the commission the following information:
(a) A copy of the information which is being
			 submitted under division (C) of section
			 3750.05 of the Revised Code to
			 the committee, with the chemical identity or identities claimed trade secret
			 deleted, and the generic class or category of the chemical identity or
			 identities inserted in its place. The method for choosing a generic class or
			 category is set forth in rule
			 3750-60-10
			 of the Administrative Code.
(b) A
			 sanitized and unsanitized substantiation in accordance with paragraph (C) of
			 rule
			 3750-60-25
			 of the Administrative Code for each chemical identity claimed as trade secret.
			 The claimant may claim the information in the substantiation as a trade secret
			 or as confidential in accordance with rule
			 3750-60-25
			 of the Administrative Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-10 - Methods of selecting a generic class or category

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see the last paragraph of
				rule
				3750-1-01
				of the Administrative Code titled"Incorporation by reference."]
(A) A claimant asserting a chemical identity
			 as trade secret should choose a generic class or category for the chemical that
			 is structurally descriptive of the chemical and based upon the following
			 guidelines:
(1) The purpose of the generic
			 class or category is to provide a description of the chemical that is not as
			 specific as the specific chemical identity.
(2) The generic class or category should
			 provide the best description possible of the claimed chemical as determined by
			 the claimant.
(3) The generic
			 class or category shall be defined only as broadly as necessary to protect the
			 specific chemical identity from disclosure and sufficient to transmit chemical
			 information to the public.
(4) The
			 generic class or category shall be selected to include information regarding
			 the specific chemical identity's release hazards and adverse health effects.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-20 - Substantiating claims of trade secrecy

Current through all regulations passed and filed through July 1, 2024
(A) Claims of trade secrecy pertaining to
			 those additional extremely hazardous substances listed in paragraph (B) of rule
			 3750-20-30
			 of the Administrative Code or those additional hazardous chemicals identified
			 in paragraph (B) of rule
			 3750-30-25
			 of the Administrative Code shall be set forth on the report or other filing
			 otherwise required under sections
			 3750.04,
			 3750.05,
			 3750.07, and
			 3750.08 of the Revised Code and
			 must be substantiated by providing the specific answers including, where
			 applicable, specific facts, to each of the following questions with the
			 submission to which the trade secrecy pertains. The claimant must answer these
			 questions on a form entitled"Substantiation To Accompany Claims Of Trade
			 Secrecy" as set forth in rule
			 3750-60-23
			 of the Administrative Code.
(B)
			 The substantiation shall contain an explanation as to why the information
			 should be protected as trade secret information and shall include a specific
			 description of the substantiation factors listed below.
(1) Describe the specific measures the
			 claimant has taken to safeguard the confidentiality of the chemical identity
			 claimed as a trade secret, and indicate whether these measures will continue in
			 the future.
(2) Has the claimant
			 disclosed the information claimed as trade secret to any other person (other
			 than an officer or employee of the United States or a state or local
			 government, or claimant's employee) who is not bound by a confidentiality
			 agreement to refrain from disclosing this trade secret information to others?
(3) List all local, state, and
			 federal government entities to which the claimant had disclosed the specific
			 chemical identity. For each, indicate whether the claimant asserted a
			 confidentiality claim for the chemical identity and whether the government
			 entity denied that claim.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-23 - Substantiation form to accompany claims of trade secrecy, instructions to complete substantiation form

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see the last paragraph of
				rule
				3750-1-01
				of the Administrative Code titled"Incorporation by reference."]
(A) The form identified in paragraph (B) of
			 this rule must be completed as required in rule
			 3750-60-20
			 of the Administrative Code.
(B)
			 The claimant asserting a trade secret under this section must submit to the
			 commission a completed USEPA "Substantiation To Accompany Claims of Trade
			 Secrecy Under the Emergency Planning and Community Right-To-Know Act of 1986"
			 form in accordance with the instructions set forth in
			 40 CFR
			 350.25.
(C) The substantiation form identified in
			 paragraph (B) of this rule shall be submitted to the address specified in rule
			 3750-60-95
			 of the Administrative Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-25 - Claims of confidentiality in the substantiation

Current through all regulations passed and filed through July 1, 2024
(A) The claimant
			 may claim as confidential any trade secret or confidential business information
			 contained in the substantiation. Such claims for material in the substantiation
			 are not limited to claims of trade secrecy for specific chemical identity, but
			 may also include claims of confidentiality for any confidential business
			 information. To claim this material as confidential, the claimant shall clearly
			 designate those portions of the substantiation to be claimed as confidential by
			 marking those portions "Confidential" or "Trade Secret". Information not so
			 marked will be treated as public and may be disclosed without notice to the
			 claimant.
(B) A claimant, owner,
			 or operator or senior official with management responsibility shall sign the
			 certification stating that those portions of the substantiation claimed as
			 confidential would, if disclosed, reveal the chemical identity being claimed as
			 a trade secret, or would reveal other confidential business or trade secret
			 information. This certification is contained on the substantiation form set
			 forth in rule
			 3750-60-23
			 of the Administrative Code.
(C)
			 The claimant shall submit to the commission two copies of the substantiation,
			 one of which shall be the unsanitized version and the other shall be the
			 sanitized version.
(1) The unsanitized copy
			 shall contain all of the information claimed as a trade secret or as
			 confidential, and marked as indicated in paragraph (A) of this rule.
(2) The second copy shall be identical to the
			 unsanitized substantiation identified in paragraph (C)(1) of this rule, except
			 that it will be a sanitized version, in which all of the information claimed as
			 a trade secret or as confidential shall be deleted. If any of the information
			 claimed as a trade secret in the substantiation is the chemical identity which
			 is the subject of the substantiation, the claimant shall include the
			 appropriate generic class or category of the chemical claimed as a trade
			 secret. The method for choosing a generic class or category is set forth in
			 rule
			 3750-60-10
			 of the Administrative Code. This sanitized copy shall be submitted to the
			 committee and the fire department having jurisdiction over the facility, as
			 appropriate, and made publicly available.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-27 - Supplemental information

Current through all regulations passed and filed through July 1, 2024
(A) The commission may request supplemental
			 information from the claimant in support of its trade secrecy claim, pursuant
			 to paragraph (A)(1)(a) of rule
			 3750-60-40
			 of the Administrative Code.
(1) The
			 commission may specify the kind of information to be submitted pursuant to
			 paragraph (A) of this rule; or,
(2) The claimant may provide any additional
			 detailed information which further supports the truth of the information
			 previously supplied to the commission in its initial substantiation under rule
			 3750-60-20
			 of the Administrative Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-30 - Initial action by the commission

Current through all regulations passed and filed through July 1, 2024
(A) When a claim of trade secrecy, made in
			 accordance with rules
			 3750-60-07
			 and
			 3750-60-09
			 of the Administrative Code, is received by the commission, that information is
			 treated as confidential until a contrary determination is made.
(B) A determination as to the validity of a
			 trade secret claim shall be initiated upon receipt by the commission of a
			 petition filed under rule
			 3750-60-60
			 of the Administrative Code or may be initiated by the commission at any time if
			 the commission desires to determine whether chemical identity information
			 claimed as trade secret is entitled to trade secret treatment, even though no
			 request for release of the information has been received.
(C) If the commission initiates a
			 determination to the validity of a trade secrecy claim the procedures set forth
			 in rules
			 3750-60-40,
			 3750-60-60,
			 and
			 3750-60-85
			 of the Administrative Code shall be followed in making the determination.
(D) When the commission receives a
			 petition requesting disclosure of trade secret chemical identity or if the
			 commission decides to initiate a determination of the validity of a trade
			 secret claim for chemical identity, the commission shall first make a
			 determination that the chemical identity claimed as a trade secret is not the
			 subject of a prior trade secret determination by the commission concerning the
			 same claimant and facility, or if it is, that the prior determination upheld
			 the claimant's claim of trade secrecy for that chemical identity at that
			 facility.
(1) If the commission determines
			 that the chemical identity claimed as a trade secret is not the subject of a
			 prior trade secret determination by the commission concerning the same claimant
			 and the same facility, or if it is, that the prior determination upheld the
			 claimant's claim of trade secrecy, then the commission shall review the
			 claimant's claim according to rule
			 3750-60-40
			 of the Administrative Code.
(2) If
			 such prior determination held that the claimant's claim for that chemical
			 identity is invalid, and such determination was not challenged by appeal to the
			 environmental board of review, or by review in the appeals court, or, if
			 challenged, was upheld, the commission shall notify the claimant by certified
			 mail (return receipt requested) that the chemical identity claimed as a trade
			 secret is the subject of a prior, final commission determination concerning the
			 same facility in which it was held that such claim was invalid. In this
			 notification, the commission shall include notice of intent to disclose the
			 chemical identity within ten days pursuant to rules
			 3750-60-90
			 of the Administrative Code. The commission shall also notify the petitioner by
			 regular mail of the action taken pursuant to this section.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-40 - Review of trade secrecy claim

Current through all regulations passed and filed through July 1, 2024
(A) Determination of sufficiency.
When the commission receives a petition filed pursuant to rule
				3750-60-60
				of the Administrative Code or if the commission initiates a determination of
				the validity of a trade secrecy claim for chemical identity, and the commission
				has made a determination, as required in paragraph (D)(1) of rule
				3750-60-30
				of the Administrative Code, then the commission shall determine whether the
				claimant has presented sufficient support for its claim of trade secrecy in its
				substantiation. The commission must make such a determination within thirty
				days of receipt of the petition. A claim of trade secrecy for chemical identity
				will be considered sufficient if, assuming all the information presented in the
				substantiation is true, this supporting information could support a valid claim
				of trade secrecy. A claim is sufficient if it meets the criteria set forth in
				rule
				3750-60-50
				of the Administrative Code.
(1)
			 Sufficient claim.
(a) If the claim meets the
			 criteria of sufficiency set forth in rule
			 3750-60-50
			 of the Administrative Code, the commission shall notify the claimant in
			 writing, by certified mail(return receipt requested), that it has thirty days
			 from the date of receipt of the notice to submit supplement information in
			 writing in accordance with rule
			 3750-60-27
			 of the Administrative Code, to support the truth of the facts asserted in the
			 substantiation. The commission will not accept any supplemental information, in
			 response to this notice, submitted after the thirty day period has expired.
(b) The notice required by this
			 rule shall include the address as set forth in rule
			 3750-60-95
			 of the Adminitrative Code to which supplemental information must be sent. The
			 notice may specifically request supplemental information in particular areas
			 relating to the claimant's claim. The notice must also inform the claimant of
			 his right to claim any trade secret or confidential business information as
			 confidential, and shall include a reference to rule
			 3750-60-27
			 of the Administrative Code as the source for the proper procedure for claiming
			 trade secrecy for trade secret or confidential business information submitted
			 in the supplemental information requested by the commission.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-43 - Additional material submitted for good cause

Current through all regulations passed and filed through July 1, 2024
(A) In lieu of an appeal to the environmental
			 board of review, the claimant may send additional material in support of its
			 trade secrecy claim, for good cause shown, within thirty days of receipt of the
			 notice of insufficiency as set forth in paragraph (A)(2) of rule
			 3750-60-40
			 of the Administrative Code. The claimant shall notify the commission by letter
			 of its contentions as to good cause, and shall include in that letter the
			 additional supporting material.
(B) Good cause is limited to one or more of
			 the following reasons:
(1) The claimant was
			 not aware of the facts underlying the additional information at the time the
			 substantiation was submitted, and could not reasonably have known the facts at
			 the time; or
(2) The commission's
			 regulations and other commission guidance did not call for such information at
			 the time the substantiation was submitted; or
(3) The claimant had made a good faith effort
			 to submit a complete substantiation, but failed to do so due to an inadvertent
			 omission or clerical error.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-50 - Sufficiency of assertions

Current through all regulations passed and filed through July 1, 2024
(A) A substantiation submitted under rule
			 3750-60-20
			 of the Administrative Code will be determined to be insufficient to support a
			 claim for trade secrecy, unless the answers to the questions in the
			 substantiation submitted under paragraphs (B) and (C) of rule
			 3750-60-20
			 of the Administrative Code support all the following conclusions. This
			 substantiation must include, where applicable, specific facts.
(1) The claimant has not disclosed the
			 information to any other person, other than an officer or employee of the
			 United States or a state or local government or an employee or other person who
			 is bound by a confidentiality agreement, and the claimant has taken reasonable
			 measures to protect the confidentiality of such information and intends to
			 continue to take such measures. To support this assertion, the facts
			 established in the substantiation must support all of the following:
(a) The claimant has taken reasonable
			 measures to prevent unauthorized disclosure of the specific chemical identity
			 and will continue to take such measures.
(b) The claimant has not disclosed the
			 specific chemical identity to any person who is not bound by an agreement to
			 refrain from disclosing the information.
(c) The claimant has not previously disclosed
			 the specific chemical identity to a local, state, or federal government entity
			 without asserting a confidentiality claim.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-52 - Standards for sufficiency of substantiation of a trade secret claim

Current through all regulations passed and filed through July 1, 2024
(A) The claimant
			 withholding specific chemical identity from required submissions under sections
			 3750.04,
			 3750.05,
			 3750.07, and
			 3750.08 of the Revised Code must
			 make factual assertions that are sufficient to support a conclusion that the
			 chemical identity is a trade secret. These assertions are made by completely
			 answering all the questions of rule
			 3750-60-20
			 of the Administrative Code.
(B)
			 The commission has adopted under rule
			 3750-60-50
			 of the Administrative Code sufficiency criteria which are standards used to
			 determine whether the claimant has established a prima facie case for trade
			 secrecy.
(C) The facts asserted
			 under rule
			 3750-60-20
			 of the Administrative Code will be considered against the sufficiency criteria
			 to make a trade secret determination of rule
			 3750-60-50
			 of the Administrative Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-60 - Public petitions requesting disclosure of chemical identity claimed as trade secret

Current through all regulations passed and filed through July 1, 2024
(A) The public may request the disclosure of
			 chemical identity claimed as a trade secret by submitting a written petition to
			 the address specified in rule
			 3750-60-95
			 of the Administrative Code.
(B)
			 The petition shall include:
(1) The
			 petitioner's name, address, and telephone number. The petitioner may be an
			 individual, corporation or other entity;
(2) The name and address of the company
			 claiming the chemical identity as a trade secret; and
(3) A copy of the submission in which the
			 claimant claimed the chemical identity as a trade secret, with a specific
			 indication as to which chemical identity the petitioner seeks disclosed.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-80 - Orders issued by the commission

Current through all regulations passed and filed through July 1, 2024
(A) The commission upon receipt of a petition
			 requesting the disclose of information claimed as a trade secret or upon a
			 review initiated by the commission, shall make a determination within thirty
			 days.
(1) The commission may extend the
			 period for review one hundred eighty days.
(2) If the commission does not make a
			 determination within two hundred seventy days, until such a determination is
			 made, the information submitted shall be protected.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-83 - Appeal from commission's determination of the sufficiency of trade secrecy claim

Current through all regulations passed and filed through July 1, 2024
(A)
			 If the commission issues an order pursuant to rule
			 3750-60-80
			 of the Administrative Code in which it is determined that the claimant's
			 substantiation filed in support of the trade secrecy claim is insufficient,
			 pursuant to paragraph (A) of rule
			 3750-60-40
			 of the Administrative Code; or insufficient after receipt of additional
			 material pursuant to paragraph (E) of rule
			 3750-60-43
			 of the Administrative Code; or if the claimant has not met the standard for
			 good cause as provided in paragraph (F) of rule
			 3750-60-43
			 of the Administrative Code; the claimant may appeal such order to the
			 environmental review appeals commission in accordance with the procedures
			 established in sections
			 3750.19 and
			 3745.04 of the Revised Code and
			 the rules adopted thereunder.
(B)
			 Hearings of appeals to the environmental review appeals commission permitted by
			 this section shall be conducted in accordance with the procedures set forth in
			 section 3745.05 of the Revised Code and
			 the rules adopted thereunder.
(C)
			 Any party to the proceedings before the environmental review appeals commission
			 who is adversely affected by an order of the board may appeal to the court of
			 appeals of Franklin county in accordance with the procedures set forth in
			 section 3745.06 of the Revised Code and
			 the rules adopted thereunder.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-85 - Appeal from commission's determination the validity of trade secrecy claim

Current through all regulations passed and filed through July 1, 2024
(A)
			 If the commission issues an order pursuant to rule
			 3750-60-80
			 of the Administrative Code in which it is determined that the trade secret
			 claim is invalid pursuant to paragraph (B) of rule
			 3750-60-40
			 of the Administrative Code, the claimant may appeal such order to the
			 environmental review appeals commission in accordance with the procedures set
			 forth in sections 3750.19 and
			 3745.04 of the Revised Code and
			 the rules adopted thereunder.
(B)
			 Hearings on such appeals before the environmental review appeals commission
			 shall be conducted in accordance with the procedures established in section
			 3745.05 of the Revised Code and
			 the rules adopted thereunder.
(C)
			 Any party to the appeal to the environmental review appeals commission who is
			 adversely affected by an order of the board may appeal to the court of appeals
			 of Franklin county in accordance with the procedures established in section
			 3745.06 of the Revised Code and
			 the rules adopted thereunder.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-93 - Disclosure of trade secret information

Current through all regulations passed and filed through July 1, 2024
(A) Nothing under these rules and regulations
			 adopted by the commission pursuant to division (B)(5) of section
			 3750.02 of the Revised Code
			 shall authorize any person to withhold information which is required to be
			 disclosed in accordance with divisions (C), (D), and (E) of section
			 3750.09 of the Revised Code.
(B) A member of the commission,
			 officer or employee of the environmental protection agency, member or employee
			 of the committee, or officer or employee of a fire department shall not request
			 the owner or operator of a facility subject to Chapter 3750 of the Revised Code
			 to submit to him a trade secret claim or copy thereof, report required by
			 sections 3750.04,
			 3750.05,
			 3750.07, and
			 3750.08 of the Revised Code,
			 substantiation of the trade secret or copy thereof, or explanation or
			 supporting information pertaining to a trade secret or copy thereof, that
			 contains any information claimed or determined to be a trade secret pursuant to
			 rules
			 3750-60-05
			 and
			 3750-60-07
			 of the Administrative Code, or identified as confidential business information
			 as provided under rule
			 3750-60-25
			 of the Administrative Code. If any such member, officer, or employee knows or
			 has reason to believe that any such trade secret claim, report, substantiation
			 or explanation or supporting information pertaining to a trade secret claim
			 contains such information, he shall immediately return it to the owner pursuant
			 to the procedures established in division (F)(1) and (2) of section
			 3750.09 of the Revised Code.
(C) No member of the commission or
			 his designees, officer, or employee of the environmental protection agency,
			 member or employee of a committee, health professional, physician, nurse, or
			 other person who receives information claimed or determined as a trade secret
			 under rules 375-60-05 and
			 3750-60-07
			 of the Administrative Code, or who receives confidential business information
			 identified under rule
			 3750-60-25
			 of the Administrative Code, shall release the information to any person not
			 authorized to have that information. Civil and criminal violations for the
			 release of trade secret or confidential information are set forth under section
			 3750.20 of the Revised Code and
			 division (B)(3) of section
			 3750.99 of the Revised Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-94 - Adverse health effects

Current through all regulations passed and filed through July 1, 2024
The commission shall identify the adverse health effects
				associated with each of the chemicals claimed as trade secret and shall make
				this information available to the public. The material safety data sheets
				submitted to the commission may be used to this purpose.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-60 - Trade Secrets › Section 3750-60-95 - Address to send trade secret claims and petitions requesting disclosure

Current through all regulations passed and filed through July 1, 2024
(A) All claims of
			 trade secrecy under sections
			 3750.04,
			 3750.05,
			 3750.07, and
			 3750.08 of the Revised Code and
			 all public petitions requesting disclosure of chemical identities claimed as a
			 trade secret should be sent to the following address:
"State Emergency Response Commission
c/o Ohio Environmental Protection Agency
P.O. Box 1049
Columbus, Ohio 43216-0149"
[Comment: Any packages and/or certified mail not acceptable for
				post office box delivery should be sent to street address "50 West Town Street,
				Suite 700, Columbus, Ohio 43215."]
(B) All information submitted pursuant to
			 this section shall be clearly marked as "confidential trade secret information
			 enclosed".