Section 702.103  Trade Secret or Non-Disclosable Information Submitted to the Agency or Board

a)         In accordance with Section 7 of the Environmental Protection Act, and as federally required by 40 CFR 2, a person submitting certain information to the Agency or Board pursuant to this Part and 35 Ill. Adm. Code 703 through 705 may claim that information as trade secret or non-disclosable information.  Any such claim of trade secret or non-disclosable information must be asserted at the time of submission in the manner prescribed by 35 Ill. Adm. Code 130.  If no claim is made at the time of submission, the Agency or Board may make the information available to the public without further notice.  If a claim is asserted, the information will be treated in accordance with 35 Ill. Adm. Code 130 and Board and Agency procedures.

b)         Claims of trade secret or non-disclosable information for the following information will be denied:

1)         The name and address of any permit applicant or permittee;

2)         The identity of substances being placed or to be placed in landfills or hazardous waste treatment, storage, or disposal facilities; and

3)         For UIC permits, information that deals with the existence, absence, or level of contaminants in drinking water.

BOARD NOTE:  Derived from 40 CFR 144.5  and 270.12 (2017).

(Source:  Amended at 42 Ill. Reg. 20953, effective November 19, 2018)