§ 271.5. Public records and confidential information.
(a) Except as provided in subsection (b), records, reports or other information submitted to the Department under this article shall be 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 or municipality providing the information demonstrates the following:
(1) The information contains trade secrets, processes, operations, style of work or apparatus of a person or municipality or is otherwise confidential business information.
(2) The information is not emission or discharge data or other information that relates to public health, safety, welfare or the environment.
(c) When submitting information under this article, a person or municipality shall designate the information which the person or municipality 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 to the Federal Government or other State agencies as may be necessary for purposes of administration of Federal or State Law.
(f) This section does not prevent the disclosure of information submitted to the Department as part of a general permit application under § 271.821 (relating to the application for general permit) which meets one of the following:
(1) The Department is required to make the information available to the public as part of the general permit.
(2) The Department determines that it is necessary to disclose the information during the comment period for the general permit to obtain informed public comment on the general permit.
Source The provisions of this § 271.5 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.
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