From an end-user perspective, proprietary technology or procedures are fairly rare in the ammonia refrigeration industry. Regardless, those managing a PSM program have the right to claim trade secrets within limits. Here is an explanation of the provisions found in Title 40 CFR §68.151-152 and Title 29 CFR §1910.119(p):
Title 40 CFR §68.151 allows the facility to make a claim of confidential business information (CBI) for any information that meets criteria set forth in Title 40 CFR §2.301. However, there are specific types of information for which a claim of confidential business information cannot be made, as outlined in 40 CFR part 2. If a claim of CBI is asserted, the facility must submit the claimed confidential information, a sanitized copy of the information, and documents substantiating the claim to the EPA.
Title 40 CFR §68.152 specifies the requirements for substantiating claims of CBI, including providing documentation demonstrating that the claim meets the criteria set forth in Title 40 CFR §2.301.
Per Title 29 CFR §1910.119(p), trade secrets must be made available to certain personnel involved in safety and compliance, subject to confidentiality agreements. Employees and their designated representatives also have access to trade secret information within certain documents, subject to specific rules and procedures.
If you're looking for help substantiating a trade secret, submit a request through our contact page.
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