Current through Register Vol. 50, No. 9, September 20, 2024
A.
Each request for confidentiality shall include all of the following:
1. a statement whether the request for
confidentiality is a single character request, a mixed character request, or a
financial request;
2. a list or an
index identifying each separate record, category of records, or item of
information and stating the legal authority under which each separate record or
item of information may be determined to require confidentiality;
3. a statement of the measures taken to guard
against undesired disclosure to others of each record or item of
information;
4. a statement of the
extent to which the information or records have been disclosed to others and
the precautions taken in connection therewith;
5. a statement whether disclosure of the
information or records would be likely to result in substantial harmful effects
in the competitive market and, if so:
a. a
statement of what those effects would be;
b. a statement of why they should be viewed
as substantial; and
c. an
explanation of the causal relationship between disclosure and such harmful
effects for each record or item of information;
6. a statement whether any previous request
for confidentiality has been made to any government agency for the same
information or records and, if so, the date of the request and its disposition;
and
7. a certification that all
statements are true and correct to the best of the requester's
knowledge.
B. Each
request shall be submitted with two versions of the information or records; one
version to be clearly marked "confidential," and the other to be clearly marked
"public."
1. The confidential version is to
show all information and must clearly indicate what confidential information is
excised from the public version.
2.
The public version is to have the confidential information excised and must
clearly show that confidential information has been excised.
3. Blacking out confidential portions of
otherwise public records is permissible, provided that the blacked-out portions
are clearly identified in both confidential and public versions.
C. A financial request is not
required to comply with the provisions of Paragraphs A.2-5 of this
Section.
D. A single character
request shall include a certification that no record or item of information is
contained in the request that:
1. fails to
meet the criteria for confidentiality specified by law; or
2. is prohibited by law or regulation from
being classified as confidential.
E. Specific categories of information that
are prohibited from being classified as confidential include:
1. air emission data;
2. any permit or portion of a permit issued
to a source in accordance with LAC 33:III.507;
3. effluent and discharge data to surface
water and groundwater;
4. the
location and identification of any buried waste;
5. the name and address of any license,
registration, or permit applicant or permittee;
6. all NPDES, LPDES, and other water
discharge permit applications or permits and information required by LPDES
application forms, including information submitted on the forms and any
attachments used to supply information required by the forms;
7. any other information required by law or
regulation to be disclosed or made available to the public; and
8. any other information for which a claim of
confidentiality is prohibited by law or regulation.
F. All records submitted in accordance with
R.S.
44:3.2 will be processed as a complete
request for confidentiality as described in this Chapter.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2030.
