(1)
Any information provided to or obtained by the department under chs.
NR
660 to 679 in the administration of s.
287.15 or
299.53, Stats., or
ch. 291, Stats., will be made available to the public to the extent and in the
manner authorized by ss.
19.31 to
19.39,
Stats., and s.
NR 2.195.
(2)
Except as provided under subs. (3) and (4), any person who submits information
to the department according to chs.
NR
660 to 679 may seek confidential status for part or
all of that information, except emission data, by following the procedures set
forth in s.
291.15 or
299.55,
Stats., and s.
NR 2.19.
Information granted confidential status will be disclosed by the department
only to the extent, and by means of the procedures, set forth in s.
291.15 or
299.55,
Stats., and s.
NR 2.19.
However, if no application for confidential status accompanies the information
when it is received by the department, it may be made available to the public
without further notice to the person submitting it.
(3)
(a)
Manifest claim of confidential status. No claim of
confidential status 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 s.
NR 662.020(1)
(c).
(b)
Availability of
manifest.EPA will make any electronic manifest that is prepared and
used in accordance with s.
NR 662.020(1)
(c), or any paper manifest that is submitted
to the system under s.
NR 664.0071 or 665.0071 available to the public under
this section when the electronic or paper manifest becomes a complete and final
document. Electronic manifests and paper manifests submitted to the system are
considered by EPA and the department 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.
(4)
(a) 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 ss. NR 661.0039(1) (e) and 661.0041(1), and with respect to information
contained in hazardous waste export, import, and transit documents prepared,
used, and submitted under ss.
NR 662.082, 662.083, 662.084, 663.20, 664.0012, 664.0071, 665.0012, 665.0071, and 667.0071,
whether submitted electronically into EPA's waste import export tracking
system, or its successor or in paper format.
(b) EPA will make any cathode ray tube export
documents prepared, used, and submitted under ss. NR 661.0039(1) (e) and 661.0041(1), and any hazardous waste export, import, and transit documents
prepared, used, and submitted under ss.
NR 662.082, 662.083, 662.084, 663.20, 664.0012, 664.0071, 665.0012, 665.0071, and 667.0071
available to the public under this section when these electronic or paper
documents are considered by EPA to be complete and 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.
