(a) Except as provided in subsection (b), the following information shall be considered government records and shall be available for public inspection pursuant to 24.0109 ASCA:

(1) All permit applications;

(2) All supporting information for permit applications;

(3) Compliance plans and schedules;

(4) Reports and results associated with performance tests and continuous emission monitors;

(5) Ambient air monitoring data and emissions inventory data;

(6) Compliance certifications;

(7) Any other information submitted to the Commission pursuant to the air pollution control permit program;

(8) Permits; and

(9) Public comments or testimonies received during any public comment period or public hearing.

(b) Any owner or operator of an existing or proposed air pollution emission source may request confidential treatment of specific information, including information concerning secret processes or methods of manufacture, by submitting a written request to the Commission at the time of submission, and clearly identifying the specific information that is to be accorded confidential treatment. With respect to each item of confidential information, the owner or operator requesting that it be designated as confidential shall provide documentation concerning:

(1) How each item of information concerns secret processes, secret method of manufacture, or is determined to be confidential pursuant to ASCA 24.0109;

(2) Who has access to each item of information;

(3) What steps have been taken to protect the secrecy of each item of information; and

(4) Why it is believed each item of information must be accorded confidential treatment and the anticipated prejudice should disclosure be made.

(c) Any information submitted to the Commission without a request for confidentiality in accordance with this section shall be considered a public record;

(1) Upon a satisfactory showing to the Commission by any owner or operator that any records, reports, or information, or particular part thereof, to which the Commission has access pursuant to these Standards and Regulations, contain information of a confidential nature under ASCA 24.0109, the executive secretary shall identify the records, reports or information, or particular part thereof, for which access is restricted or closed by law and these shall be kept confidential except that such records, reports, or information may be disclosed to other territory and federal officers or employees concerned with carrying out these Standards and Regulations or when relevant in any proceeding pursuant thereto. If required by USEPA, all records, reports or information determined by the owner or operator to be confidential shall be submitted directly to USEPA. Neither the contents of the permit nor emissions data shall be entitled to confidentiality protection.

(2) Records, reports, or information for which confidentiality has been claimed may be disclosed only after the requirements of ASCA 24.0160 have been satisfied and the person requesting confidentiality has had an opportunity to obtain judicial review pursuant to subsection (f).

(3) Any person who has claimed confidentiality for records, reports or other information and whose claim was denied by the Commission may obtain judicial review of the denial pursuant to ASCA 24.0160. Records which are the subject of a judicial review shall not be released until the judicial review is complete and only if the court authorizes such release.

(4) All requests for public records shall be in writing, shall be addressed to the executive secretary of the Commission, and shall identify or describe the character of the requested record. Upon approval by the Commission, the requested public record shall be available to the requester for inspection and copying during established office hours. The Commission shall charge a reasonable cost for reproduction of any public record, but not more than twenty-five cents per page, sheet, or fraction thereof.

History: 2005