North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0115 - PUBLIC ACCESS TO RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All materials, including records, reports, data, maps, diagrams, draft or final
				  permits, fact sheets, or other documents or information and any public
				  comments, in printed or electronic form, submitted to the Commission, the
				  Secretary, or the Director are public records in accordance with Section
				  143-215.3C and Chapter 132 of the
				  General Statutes and 40 CFR
				  122.7(b)-(c) and are subject
				  to disclosure pursuant to
				  G.S.
				  132-6 unless the materials qualify as
				  confidential information as defined therein.
(b) The Director shall determine which
				  information is entitled to confidential treatment. In the event the Director
				  determines that such information is entitled to confidential treatment, he or
				  she shall take steps to protect such information from disclosure. He or she
				  shall submit the information considered to be confidential to the Regional
				  Administrator, EPA, Region IV, for concurrence in his or her determination of
				  confidentiality.
(c)
				  Confidentiality of Information. Any request for a determination of
				  confidentiality shall be subject to the following:
(1) Any claim of confidentiality shall be
				  made by marking "confidential" or "trade secret" on each page containing such
				  information.
(2) Until a claim of
				  confidentiality is made, all materials submitted pursuant to the rules of this
				  Section are public records and subject to disclosure in accordance with
				  G.S.
				  132-1.
(3) Upon receiving a request for
				  confidentiality, the Director shall maintain the affected materials separately
				  from public record documents and shall not disclose the materials unless or
				  until he or she determines in accordance with
				  G.S.
				  143-215.3C and
				  132-1.2 and
				  40 CFR
				  122.7(b)-(c) that the
				  materials do not qualify as confidential information.
(4) The Director may consult with the EPA
				  Region 4 Administrator regarding whether materials marked as "confidential" or
				  "trade secret" qualify as confidential information.
(5) Upon reviewing a request for
				  confidentiality, the Director shall notify the applicant of his findings. If
				  the Director determines that the materials or any portions thereof do not
				  qualify as confidential information, those portions shall not be released for
				  at least 60 days following the notification of findings. If the applicant files
				  a contested case in response to the Director's decision, the materials shall
				  not be released until conclusion of the contested case and then according to
				  the court's decision. If the Director determines that the materials or any
				  portions thereof qualify as confidential information, the Director shall
				  continue to protect such information from disclosure.