7 Del. Admin. Code § 1302-260-A-260.2

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-260-A-260.2 - Availability of Information; Confidentiality of Information

(a) Any information provided to DNREC under Parts 260 through 266, 268, 273, 279, 122 and 124 of these regulations will be made available to the public to the extent and in the manner authorized by 29 Del.C., Chapter 100 and 7 Del.C., § 6304 and DNREC regulations implementing 29 Del.C., Chapter 100 and 7 Del.C., § 6304.

(b) Except as provided under paragraphs (c) and (d) of this section, any person who submits information to DNREC in accordance with Parts 260 through 266, 268, 273, 279, 122 and 124 of these regulations may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in 7 Del.C.,§ 6304. Information covered by such a claim will be disclosed by DNREC only to the extent, and by means of the procedures, set forth in 7 Del.C., § 6304. However, if no such claim accompanies the information when it is received by DNREC, it may be made available to the public without further notice to the person submitting it.

(c) Any person submitting information to EPA in accordance with the above requirements must also submit a copy of that information to the Secretary.

(d)

(1) After August 6, 2014, no claim of business confidentiality may be asserted by any person with respect to information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an electronic manifest format that may be prepared and used in accordance with § 262.20(a)(3) of these regulations.

(2) EPA will make any electronic manifest that is prepared and used in accordance with § 262.20(a)(3), or any paper manifest that is submitted to the system under §§ 264.71(a)(6) or 265.71(a)(6) of these regulations available to the public under this section when the electronic or paper manifest is a complete and final document. Electronic manifests and paper manifests submitted to the system are considered by EPA to be complete and final documents and publicly available information after 90 days have passed since the delivery to the designated facility of the hazardous waste shipment identified in the manifest.

(e)

(1) After June 26, 2018, no claim of business confidentiality may be asserted by any person with respect to information contained in cathode ray tube export documents prepared, used, and submitted under §§ 261.39(a)(5) and 261.41(a) of these regulations, and with respect to information contained in hazardous waste export, import, and transit documents prepared, used, and submitted under §§ 262.82, 262.83, 262.84, 263.20, 264.12, 264.71, 265.12, and 265.71 of these regulations, whether submitted electronically into EPA's Waste Import Export Tracking System or in paper format.

(2) EPA will make any cathode ray tube export documents prepared, used, and submitted under §§ 261.39(a)(5) and 261.41(a) of these regulations, and any hazardous waste export, import, and transit documents prepared, used, and submitted under §§ 262.82, 262.83, 262.84, 263.20, 264.12, 264.71, 265.12, and 265.71 of these regulations available to the public under this section when these electronic or paper documents are considered by EPA to be final documents. These submitted electronic and paper documents related to hazardous waste exports, imports, and transits and cathode ray tube exports are considered by EPA to be final documents on March 1 of the calendar year after the related cathode ray tube exports or hazardous waste exports, imports, or transits occur.

[Note: See also Hazardous Waste Disclosure Regulations as adopted August 29, 1988, as part of the Delaware Regulations Governing Hazardous Waste.]

(Amended August 10, 1990, January 1, 1999)

7 Del. Admin. Code § 1302-260-A-260.2

18 DE Reg. 896 (5/1/2015)
24 DE Reg. 711 (1/1/2021) (final)