Md. Code Regs. 26.13.01.02 - Availability of Information Confidentiality of Information
A. Except in accordance with §E or F of this
regulation, the Department shall protect any information contained in the
application, or other records, reports, or plans as confidential upon a showing
by any person that the information, if made public, would divulge methods or
processes entitled to protection as trade secrets, or proprietary business
information relating to processes of production, methods of manufacturing, or
production volume which are of financial or commercial value.
B. Claims of confidentiality for the name and
address of any permit applicant or permittee will be denied. Claims for other
information shall be made and substantiated at the time the application is
submitted. If substantiation is not provided, the Secretary will notify the
applicant by certified mail of the requirement. If the substantiation is not
provided after 10 days of receipt of the certified mail, the information in
question shall be placed in the public file.
C. The Department shall insure that any
permit forms or any public comment upon those forms shall be available to the
public for inspection and copying. The Department shall make available to the
public any other records, reports, plans, or any information obtained by the
State other than that information designated as confidential.
D. The Department shall provide facilities
for the inspection of information relating to permit forms and insure that
State employees honor requests for inspection promptly without undue
requirements or restrictions. The Department shall insure that a machine or
device for the copying of papers and documents is available for a reasonable
fee, or otherwise provide for coordination with copying facilities or services
so that requests for copies of nonconfidential documents may be honored
promptly.
E. Information that is
required to be supplied to the Department contained in any application or other
record that would be considered as confidential shall still be made available
by the Department to the U.S. Environmental Protection Agency at their request
or shall be included in any regular report, if the information has been
submitted by the Department with this claim to the EPA. If EPA obtains from the
State information that is not claimed to be confidential, that information is
available for public distribution.
F. Manifest Information.
(1) After August 6, 2014, a person may not
assert a claim of business confidentiality with respect to information entered
on:
(a) A hazardous waste manifest (EPA Form
8700-22);
(b) A hazardous waste
manifest continuation sheet (EPA Form 8700-22A); or
(c) An electronic manifest format that may be
prepared and used in accordance with COMAR
26.13.03.04A(1)(b)
or 40 CFR §
262.20(a)(3).
(2) EPA, as the designated custodian of the
electronic manifest system under federal law:
(a) Is responsible for making available to
the public any:
(i) Electronic manifest that
is prepared and used in accordance with COMAR
26.13.03.04A(1)(b)
or 40 CFR §
262.20(a)(3); and
(ii) Paper manifest that is submitted to the
system under COMAR
26.13.05.05B(1)(e),
COMAR 26.13.06.05A,
40 CFR §
264.71(a)(6), or 40 CFR §
265(a)(6); and
(b) Will
make the information identified in §F(2)(a) of this regulation for an
electronic or paper manifest that has been submitted to the electronic manifest
system available to the public:
(i) When EPA
considers the manifest to be a complete and final document, as specified in
§F(2)(b)(ii) of this regulation; and
(ii) After 90 days have passed since the
delivery of the hazardous waste shipment identified in the manifest to the
designated facility, the time at which EPA considers the manifest to be a
complete and final document.
Notes
Regulations .02A amended effective January 18, 1982 (9:1 Md. R. 20)
Regulation .02D adopted effective January 18, 1982 (9:1 Md. R. 20); amended effective 49:1 Md. R. 14, eff.
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