Kentucky Trade Secrets: What you need to know

Governing Law and Regulations

General: Kentucky Revised Statutes (KRS) 224.10-210 and 400 Kentucky Administrative Regulations (KAR) 1:060

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Hazardous waste permits: 401 KAR 38:070, Section 8

Solid waste permits: 401 KAR 47:160, Section 7

Environmental audits: KRS 224.01-040

Regulatory Agency

Kentucky Energy and Environmental Cabinet Department for Environmental Protection (DEP)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kentucky follows federal requirements for the nondisclosure of confidential information, with additional state requirements for data submitted under the state's hazardous and solid waste permit regulations.

Kentucky follows federal rules that provide for trade secret claims under the Emergency Planning and Community Right-to-Know Act (EPCRA). Submitters under the federal Toxic Substances Control Act (TSCA) may claim confidentiality for proprietary information. There is no state TSCA equivalent. See the national section TRADE SECRETS, and contact DEP for guidance.

Several states, including Kentucky, treat environmental audit results as privileged information that is protected from disclosure. See the state section AUDITS for additional information.

Administration and enforcement. The Cabinet and various divisions of DEP that require information to be submitted are responsible for the administration and enforcement of the state's trade secret protection policies.

State Requirements


KRS 224.10-210 and 400 KAR 1:060

Any information furnished to or obtained by the Cabinet is open to reasonable public inspection. However, any record or information not relating to emission ...

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State Requirements

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Kentucky Trade Secrets Resources

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