To deny a written request for disclosure of the identity of a trade secret chemical, the operator must—
(a) Put the denial in writing,
- (1) Including evidence to substantiate the claim that the chemical's identity is a trade secret,
- (2) Stating the specific reasons why the request is being denied, and
- (3) Explaining how alternative information will satisfy the specific medical or occupational health need without revealing the chemical's identity.
- (b) Provide the denial to the health professional, miner, or designated representative within 30 days of the request.