37-B §800. Trade secrets
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT HEADING: PL 1997, C. 455, §9 (RPR)
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY HEADING: PL 1987, C. 370, §13 (RPR)
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 HEADING: PL 1989, C. 464, §2 (NEW)
§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; [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) .]
SECTION HISTORY
1989, c. 464, §3 (NEW).