Ohio Trade Secrets: What you need to know

Governing Law and Regulations

Air: Ohio Administrative Code (OAC) 3745-49-03

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Hazardous substances: OAC 3745-100-13 and OAC 3750-60-01 to 3750-60-95

Hazardous waste: OAC 3745-50-30


Publicly approved treatment works (POTWs): OAC 3745-3-07

Injection wells: OAC 3745-34-03

Hydraulic fracturing: Ohio Revised Code Annotated (ORCA) 1509.10, ORCA 1509.11, and ORCA 1509.23

Regulatory Agencies

Ohio Environmental Protection Agency (Ohio EPA)

Ohio Department of Natural Resources (ODNR) Division of Mineral Resources Management

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Ohio's rules relating to the protection of trade secret information obtained under the state's hazardous waste rules are similar to the federal rules. Claims of confidentiality must be submitted simultaneously with the information, and the Ohio EPA must render its decision on the confidentiality claim within 45 days of receipt of the request. Certain information cannot be claimed as a trade secret, such as emission and effluent discharge data.

Administration and enforcement.The Ohio EPA is responsible for the administration and enforcement of the state's trade secret protection rules. Both the Ohio EPA and the ODNR regulate hydraulic fracturing activities in the state.

State Requirements


OAC 3745-49-03

Similar to federal requirements, Ohio provides that any record, report, or other information obtained by the Ohio EPA be made available to the public, except upon a satisfactory claim that such information (other than discharge or emissions data), if made public, would divulge methods or processes entitled to protection as trade secrets of ...

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State Requirements

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Ohio Trade Secrets Resources

Trade Secrets Products

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