§ 270a.12. Confidentiality of information.
40 CFR 270.12 (relating to confidentiality of information) is not incorporated by reference. The confidentiality of information is as follows:
(1) Information submitted to the Department under this subsection may be claimed as confidential by the applicant. Any claim shall be asserted at the time of submission in the manner prescribed in paragraph (2) and the application form or instructions by stamping the words ‘‘confidential business information’’ on each page containing the information. If a claim is not made at the time of submission, the Department will make the information available to the public without further notice.
(2) Claims of confidentiality for permit application information shall be substantiated at the time the application is submitted and shall address the following:
(i) The portions of the information claimed to be confidential.
(ii) The length of time the information is to be treated as confidential.
(iii) The measures taken to guard against undesired disclosure of the information to others.
(iv) The extent the information has been disclosed to others and the precautions taken in connection with that disclosure.
(v) A copy of any pertinent confidentiality determinations by EPA or another Federal agency.
(vi) The nature of the substantial harm to the competitive position by disclosure of the information, the reasons it should be viewed as substantial and the relationship between the disclosure and the harm.
(3) The Department keeps confidential information in a secure repository and does not make the information available for inspection by the general public.
(4) The Department makes confidential information available to any State or Federal agency for the purpose of administration of any State or Federal law.
Cross References This section cited in 25 Pa. Code § 270a.82 (relating to public availability of information).
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