§800. Trade secrets
                  1. 
                                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;
                                     
                                [PL 1989, c. 464, §3 (NEW).]
                
                  B.
                                        The information is not required to be disclosed by law;
                                     
                                [PL 1989, c. 464, §3 (NEW).]
                
                  C.
                                        Disclosure is likely to cause harm to the business's competitive position; and
                                     
                                [PL 1989, c. 464, §3 (NEW).]
                
                  D.
                                        The chemical identity in question is not readily discoverable through reverse engineering.
                                     
                                [PL 1989, c. 464, §3 (NEW).]
                [PL 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;
                                     
                                [PL 1989, c. 464, §3 (NEW).]
                
                  B.
                                        Sufficient information so that emergency responders will not be hampered; and
                                     
                                [PL 1989, c. 464, §3 (NEW).]
                
                  C.
                                        Identification of potential adverse health effects posed by the hazardous chemical or extremely hazardous substance.
                                     
                                [PL 1989, c. 464, §3 (NEW).]
                [PL 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;
                                     
                                [PL 1989, c. 464, §3 (NEW).]
                
                  B.
                                        Notification is required by a release; or
                                     
                                [PL 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.
                                     
                                [PL 1989, c. 464, §3 (NEW).]
                [PL 1989, c. 464, §3 (NEW).]
              
                        SECTION HISTORY
                        
            PL 1989, c. 464, §3 (NEW).