Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.01 - Hazardous Waste Management System: General › Section 26.13.01.02 - Availability of Information Confidentiality of Information

Current through Register Vol. 51, No. 14, July 12, 2024
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).