West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-31A - Release Of Previously Submitted Confidential Information › Section 45-31A-3 - Release of Confidential Information

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Pursuant to the authority granted in
				WVCSR '45-31-3.2, the Director will release confidential information submitted
				to the Office of Air Quality prior to September 25, 1997, in response to a
				written request for the information only after notifying the person who
				submitted the confidential information of the request and evaluation of the
				following factors and in accordance with the following procedures:
3.1.a. Where the person who submitted such
				information has, in fact, reviewed the requested information and has submitted
				a cover document establishing a claim of confidentiality in accordance with
				WV45CSR31, the Director will use the cover document as a basis for the review
				of the confidentiality claim and the determination whether to release such
				information: Provided, That the person who submitted the cover document may
				submit revisions to the document which the Director shall consider if received
				within three (3) days of the notice required under subsection 3.1. Upon review
				of the cover document, the Director may request additional information, if
				necessary to make the determination whether to release such information to the
				public. The Director will notify the designee and the person requesting the
				information of his or her determination in accordance with WVCSR
				'45-31-4.2.
3.1.b. Where, in the
				judgment of the Director, the person who submitted such information has made a
				good faith effort to review the information and to establish a claim of
				confidentiality in accordance with the requirements of WV45CSR31, but has not
				been able to complete such process, or documents are identified which were not
				made available for prior review by the designee under WV45CSR31, the Director
				will give the person a reasonable time period, depending upon the nature and
				volume of the requested information, to complete the review of the information
				and to submit a cover document. Upon review of the cover document, the Director
				may request any necessary additional information. Such cover document will form
				the basis of the Director=s determination whether to release such information,
				and the designee and the person requesting the information will be notified of
				the determination in accordance with WVCSR '45-31-4.2.
3.1.c. Where, in the judgment of the
				Director, the person who submitted such information has not made a good faith
				effort to review the information and to establish a claim of confidentiality,
				the Director will specify an expedited time period (but in no case less than
				three [3] days from the time of notice under subsection 3.1) for the person to
				review such information and submit a cover document to establish a claim of
				confidentiality. Upon review of the cover document, the Director may request
				any necessary additional information. The Director will notify the designee and
				the person requesting the information of his or her determination in accordance
				with WVCSR '45-31-4.2.