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;
B. The information is not required to be disclosed by law;
C. Disclosure is likely to cause harm to the business's competitive position; and
D. The chemical identity in question is not readily discoverable through reverse engineering.
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;
B. Sufficient information so that emergency responders will not be hampered; and
C. Identification of potential adverse health effects posed by the hazardous chemical or extremely hazardous substance.
3. Exception. Trade secrecy cannot be claimed if:
A. The commission and the United States Environmental Protection Agency so rule;
B. Notification is required by a release; or
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.