Current through Register Vol. 48, No. 38, September 20, 2024
a) Availability and confidentiality of
information is governed by Illinois law, including Sections 7 and 7.1 of the
Act and 35 Ill. Adm. Code 130.
b)
Except as provided under subsections (c) and (d), any person who submits
information to the Board or the Agency under this Part or 35 Ill. Adm. Code 721
through 728 may assert a claim of business confidentiality by following the
procedures in 35 Ill. Adm. Code 130. Information covered by the claim will be
disclosed by the Board or the Agency only to the extent, and by means of the
procedures, provided in 35 Ill. Adm. Code 130.
c) Public Disclosure of Hazardous Waste
Manifest Documents
1) No claim of business
confidentiality may be asserted by any person with respect to information
entered on a hazardous waste manifest (USEPA Form 8700-22), a Hazardous Waste
Manifest Continuation Sheet (USEPA Form 8700-22A), or an e-Manifest format that
may be prepared and used in accordance with 35 Ill. Adm. Code
722.120(a)(3).
2) USEPA has stated
that it will make any e-Manifest that is prepared and used under 35 Ill. Adm.
Code 722.120(a)(3), or any paper manifest that is submitted to the e-Manifest
System under 35 Ill. Adm. Code 724.171(a)(6) or 725.171(a)(6) available to the
public under this Section when the electronic or paper manifest is a complete
and final document. E-Manifests and paper manifests submitted to the e-Manifest
System are complete and final documents, and they become publicly available
information, after 90 days have passed since the delivery to the designated
facility of the hazardous waste shipment identified in the manifest.
d) Claims of Confidentiality
1) A person may not assert any claim of
business confidentiality with respect to information contained in cathode ray
tube export documents prepared, used, and submitted under 35 Ill. Adm. Code
721.139(a)(5) and 721.141(a), and for the information contained in hazardous
waste export, import, and transit documents prepared, used, and submitted under
35 Ill. Adm. Code 722.182, 722.183, 722.184, 723.120, 724.112, 724.171,
725.112, 725.171, and 727.171, whether submitted electronically into USEPA's
Waste Import Export Tracking System or in paper format.
2) USEPA will make any cathode ray tube
export documents prepared, used, and submitted under 35 Ill. Adm. Code
721.139(a)(5) and 721.141(a) and any hazardous waste export, import, and
transit documents prepared, used, and submitted under 35 Ill. Adm. Code
722.182, 722.183, 722.184, 723.120, 724.112, 724.171, 725.112, 725.171, and
727.171 available to the public under this Section when USEPA considers these
electronic or paper documents to be final documents. USEPA considers these
submitted electronic and paper documents related to hazardous waste exports,
imports, and transits and cathode ray tube exports 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.
