1. 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:

   1. 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).]

   2. B. The information is not required to be disclosed by law;

      [PL 1989, c. 464, §3 (NEW).]

   3. C. Disclosure is likely to cause harm to the business's competitive position; and

      [PL 1989, c. 464, §3 (NEW).]

   4. 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. 2. Substitute information If trade secrecy is claimed, the owner or operator of the facility shall substitute on the relevant forms:

   1. A. The generic class of the material;

      [PL 1989, c. 464, §3 (NEW).]

   2. B. Sufficient information so that emergency responders will not be hampered; and

      [PL 1989, c. 464, §3 (NEW).]

   3. 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. 3. Exception Trade secrecy cannot be claimed if:

   1. A. The commission and the United States Environmental Protection Agency so rule;

      [PL 1989, c. 464, §3 (NEW).]

   2. B. Notification is required by a release; or

      [PL 1989, c. 464, §3 (NEW).]

   3. 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).]

PL 1989, c. 464, §3 (NEW).