North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0700 - HEARINGS FOR DRILLING UNITS, VARIANCES, AND CONFIDENTIAL INFORMATION › Section 05H .0707 - FORM AND CONTENTS OF REQUEST TO MAINTAIN CONFIDENTIAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person wishing to protect information
				  submitted to the Commission or the Department as confidential information shall
				  make a showing to the Commission in accordance with the requirements of
				  G.S.
				  113-391.1 and Rules .0707 through .0709 of
				  this Section.
(b) The requesting
				  party shall submit one paper copy for each Commissioner plus five additional
				  copies to the following address: Oil & Gas Program, Division of Energy,
				  Mineral, and Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612
				  and a copy in .pdf form submitted to Oil&Gas@ncdenr.gov.
(c) Requests shall be submitted no fewer than
				  30 calendar days prior to the next regularly scheduled Commission
				  meeting.
(d) The request shall be
				  made on a Form 20 - Confidential Information Claim which shall contain the
				  following information:
(1) the name and
				  address of the requesting party;
(2) a description of the information to be
				  afforded confidential treatment;
(3) a statement of whether an oral
				  presentation is desired, and, if so, the reason(s) for requesting such an oral
				  presentation;
(4) an affidavit with
				  each of the following elements:
(A) a
				  statement of whether the confidential information is in the public domain and
				  information illustrating the extent to which the confidential information is
				  known outside the business;
(B)
				  evidence that the information has been treated in the same manner as other
				  confidential information in the company, the manner being detailed in the
				  affidavit;
(C) an agreement to
				  notify the Commission if the information loses confidential status;
(D) if applicable to the category of
				  information, certification that the chemical for which confidential protection
				  is sought is not regulated under the Federal Safe Drinking Water Act's National
				  Primary Drinking Water Standards or National Secondary Drinking Water Standards
				  found in 40 CFR
				  141 and
				  143, which are incorporated by
				  reference, including subsequent amendments and can be accessed for no charge at
http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr141_main_02.tpl
and
http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr143_main_02.tpl
,
				  or if regulated, is not present in concentrations greater than the EPA-listed
				  maximum contaminant level for that chemical in any fluid inserted into the oil
				  or gas well;
(E) if applicable to
				  the category of information, certification and evidence that the chemical for
				  which trade secret protection is sought meets the definition of a trade secret
				  under the N.C. Trade Secrets Protection Act in
				  G.S.
				  66-152(3), including that
				  the chemical is not "generally known or readily ascertainable through
				  independent development or reverse engineering by persons who can obtain
				  economic value from its disclosure or use;"
(F) if applicable which states have issued
				  confidential information status to this specific information;
(G) if applicable which states have refused
				  to issue confidential information status to this specific information and why
				  was confidential information status denied;
(H) if applicable to the category of
				  information, a list of all chemicals for which the affiant is seeking
				  confidential protection and whether any such chemicals are prohibited in North
				  Carolina; and
(I) if applicable to
				  the category of information, certification that the information is protected by
				  Federal statute, including statutory authority.
(5) if required by
				  G.S.
				  113-391.1, a statement that the State
				  Geologist has reviewed the confidential information and transmitted the
				  certification to the requestor; and
(6) the business contact information,
				  including the company name, name of authorized representative, mailing address,
				  and phone number for the business organization claiming entitlement to trade
				  secret protection on Form 20 - Confidential Information Claim.