Section 18.83.165. Proprietary or confidential business information.

	(a)  A permit applicant or permittee may assert a claim of confidentiality for proprietary or confidential business information by stamping the words "confidential business information" on each page of a submission containing proprietary or confidential business information. The department will treat the stamp submission as confidential if the information satisfies the test in 40 C.F.R. 2.208, adopted by reference in 18 AAC 83.010, and is not otherwise required to be made public by state law.  
	(b)  A claim of confidentiality under (a) of this section may not be asserted for the name and address of any permit applicant or permittee, a permit application, a permit, effluent data, sewage sludge data, and information required by APDES or NPDES application forms provided by the department, whether submitted on the forms themselves or in any attachments used to supply information required by the forms.  
	(c)  A permittee's claim of confidentiality authorized in (a) of this section is not waived if the department provides the proprietary or confidential business information to the EPA or to other agencies participating in the permitting process. The department will supply any information obtained or used in the administration of the state APDES program to the EPA upon request under 40 C.F.R. 123.41, as revised as of July 1, 2005. When providing information submitted to the department with a claim of confidentiality to the EPA, the department will notify the EPA of the confidentiality claim. If the department provides the EPA information that is not claimed to be confidential, the EPA may make that information available to the public without further notice.  

Authorities

44.46.020;46.03.010;46.03.020;46.03.050;46.03.100;46.03.110

Notes

Authority

AS 44.46.020 AS 46.03.010 AS 46.03.020 AS 46.03.050 AS 46.03.100 AS 46.03.110

History

Eff. 7/29/2006, Register 179