Section 800 - Trade secrets1.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; [1989, c. 464, §3(NEW).]B. The information is not required to be disclosed by law; [1989, c. 464, §3(NEW).]C. Disclosure is likely to cause harm to the business's competitive position; and [1989, c. 464, §3(NEW).]D. The chemical identity in question is not readily discoverable through reverse engineering. [1989, c. 464, §3(NEW).] [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; [1989, c. 464, §3(NEW).]B. Sufficient information so that emergency responders will not be hampered; and [1989, c. 464, §3(NEW).]C. Identification of potential adverse health effects posed by the hazardous chemical or extremely hazardous substance. [1989, c. 464, §3(NEW).] [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; [1989, c. 464, §3(NEW).]B. Notification is required by a release; or [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. [1989, c. 464, §3(NEW).] [1989, c. 464, §3(NEW).]
1989, c. 464, § 3 (NEW) .