Current through Register Vol. 39, No. 6, September 16, 2024
(a) Any person wishing to protect information
submitted to the Commission or the Department as confidential information shall
make a showing to the Commission in accordance with the requirements of
G.S.
113-391.1 and Rules .0707 through .0709 of
this Section.
(b) The requesting
party shall submit one paper copy for each Commissioner plus five additional
copies to the following address: Oil & Gas Program, Division of Energy,
Mineral, and Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612
and a copy in .pdf form submitted to Oil&Gas@ncdenr.gov.
(c) Requests shall be submitted no fewer than
30 calendar days prior to the next regularly scheduled Commission
meeting.
(d) The request shall be
made on a Form 20 - Confidential Information Claim which shall contain the
following information:
(1) the name and
address of the requesting party;
(2) a description of the information to be
afforded confidential treatment;
(3) a statement of whether an oral
presentation is desired, and, if so, the reason(s) for requesting such an oral
presentation;
(4) an affidavit with
each of the following elements:
(A) a
statement of whether the confidential information is in the public domain and
information illustrating the extent to which the confidential information is
known outside the business;
(B)
evidence that the information has been treated in the same manner as other
confidential information in the company, the manner being detailed in the
affidavit;
(C) an agreement to
notify the Commission if the information loses confidential status;
(D) if applicable to the category of
information, certification that the chemical for which confidential protection
is sought is not regulated under the Federal Safe Drinking Water Act's National
Primary Drinking Water Standards or National Secondary Drinking Water Standards
found in 40 CFR
141 and
143, which are incorporated by
reference, including subsequent amendments and can be accessed for no charge at
http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr141_main_02.tpl
and
http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr143_main_02.tpl,
or if regulated, is not present in concentrations greater than the EPA-listed
maximum contaminant level for that chemical in any fluid inserted into the oil
or gas well;
(E) if applicable to
the category of information, certification and evidence that the chemical for
which trade secret protection is sought meets the definition of a trade secret
under the N.C. Trade Secrets Protection Act in
G.S.
66-152(3), including that
the chemical is not "generally known or readily ascertainable through
independent development or reverse engineering by persons who can obtain
economic value from its disclosure or use;"
(F) if applicable which states have issued
confidential information status to this specific information;
(G) if applicable which states have refused
to issue confidential information status to this specific information and why
was confidential information status denied;
(H) if applicable to the category of
information, a list of all chemicals for which the affiant is seeking
confidential protection and whether any such chemicals are prohibited in North
Carolina; and
(I) if applicable to
the category of information, certification that the information is protected by
Federal statute, including statutory authority.
(5) if required by
G.S.
113-391.1, a statement that the State
Geologist has reviewed the confidential information and transmitted the
certification to the requestor; and
(6) the business contact information,
including the company name, name of authorized representative, mailing address,
and phone number for the business organization claiming entitlement to trade
secret protection on Form 20 - Confidential Information Claim.
Authority
G.S.
113-391(a)(5)h;
113-391.1(b);
150B, Article 3;
Eff. March 17,
2015.
