OAR 340-090-0420: Confidential Information Procedure

(1) DEQ may not disclose to the public records provided to DEQ if: (a) The records contain trade secrets as defined in ORS 192.501(2) or 646.461(2); (b) The records, or the applicable portions thereof, are clearly identified as trade secrets; and (c) The person claiming trade secret status for specific information has provided substantiation as to why the material is a trade secret. (2)(a) DEQ must notify the person who requests confidentiality if a request is received to disclose those records. The notice must: (A) Be delivered at least 15 days before DEQ discloses any of the records; (B) Include a copy of any written request or a summary of any oral request for disclosure; and (C) State how DEQ intends to respond to the request. (b) If a product or container manufacturer wishes to defend their trade secret claim, the manufacturer must respond with a written justification for the basis of their trade secrets claim. Such justification must be delivered to DEQ within 15 days of DEQ’s notice of a request to disclose those records. (3)(a) DEQ will notify the product manufacturer of any information requested directly from the container manufacturer; (b) Upon request from the product manufacturer, DEQ will make available to the product manufacturer copies of records received from the container manufacturer concerning that product manufacturer, except as provided in section (2) of this rule, so that the product manufacturer may identify which of the records, if any, contain trade secrets of the product manufacturer; (c) If the product manufacturer complies with section (1) of this rule with respect to the records of a container manufacturer, DEQ must follow the provisions in section (2) of this rule if it receives any request to disclose those records.