§ 245.202. Public records and confidential information.
(a) Except as provided in subsection (b), records, reports or other information submitted to the Department under this subchapter will be made available to the public for inspection or copying during regular business hours.
(b) The Department may, upon request, designate records, reports or other information as confidential when the person providing the information demonstrates the following:
(1) The information contains trade secret processes, operations, style of work or apparatus of a person or is otherwise confidential business information.
(2) The information is not emission, discharge or testing data or other information that relates to public health, safety, welfare or the environment.
(c) When submitting information under this subchapter, a person shall designate the information which the person believes is confidential or shall submit that information separately from other information being submitted.
(d) Information which the Department determines to be confidential under this section will not be made available to the public.
(e) This section does not prevent the disclosure of information submitted to the Department as part of a general or site specific permit application which meets one of the following:
(1) The Department is required to make the information available to the public as part of the permit application information.
(2) The Department determines that it is necessary to disclose the information during any comment period necessary to obtain informed public comment on the permit application.
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