Indiana Trade Secrets: What you need to know

Governing Law and Regulations

General: Indiana Code (IC) 5-14-3 and IC 24-2-3-2

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Air pollution control: 326 Indiana Administrative Code (IAC) 17.1

Water pollution control: 326 IAC 12.1

Solid waste management: 329 IAC 6.1

Hazardous waste management: 329 IAC 3.1-13-4

Hazardous waste facility site approval: 323 IAC 1-4-4

Safety: IC 22-8-1.1-48.4 and 615 IAC 1-2-20

Hydraulic fracturing: Indiana Oil and Gas Act, IC 14-37

Regulatory Agencies

Indiana Department of Environmental Management (IDEM)

Indiana Department of Labor (DOL)

Indiana Department of Natural Resources (DNR) Division of Oil and Gas

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. As with federal law, Indiana allows certain information to be considered confidential business records when being submitted to the Indiana Department of Environmental Management (IDEM), the Department of Labor (DOL), or any other state agency as a condition of a permit or regulation. Contact the specific state department to which a submission is to be made in order to determine its current procedures for maintaining confidentiality. Persons employed, contracted, or subcontracted by the IDEM must execute a confidentiality agreement that is enforceable by the state and/or the submitter of the information. In addition, the state has established disclosure rules for oil and gas wells using hydraulic fracturing treatment.

Most monitoring data and information needed by emergency workers (e.g., firefighters or hazmat teams) regarding chemical inventories will not be entitled to trade secret protection. In addition, claims of confidentiality for the name and address of any permit ...

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State Requirements

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Indiana Trade Secrets Resources

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This special report contains a recordkeeping checklist to help you keep track of your records for major environmental laws and OSHA’s Hazard Communication Standard.

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