5 Colo. Code Regs. § 1001-1-VIII

Current through Register Vol. 47, No. 18, September 25, 2024
Section 5 CCR 1001-1-VIII - PUBLIC INFORMATION AND CONFIDENTIAL INFORMATION
VIII.A. Distribution of notices, agendas, and other information by the Commission:

The Commission Office shall maintain a mailing list. Any person may request to be added to the mailing list. The mailing list maintained electronically. However, if an email address is not available, the Commission Office will accept a physical address to which mailings will be sent.

VIII.B. Availability of records; emissions data always public:

Records of the Commission are available to any person pursuant to and consistent with the provisions of the Colorado Open Records Act, § 24-72-201 et seq., C.R.S. Requests for records must be made either by email or U.S. mail, and addressed to the Commission Office. Records will be presumed to be open to public inspection at all times during normal business hours and can be made available electronically, unless confidentiality for specified material has been secured under provision of law. Securing confidentiality of any materials submitted to the Commission will require clearly marked segregation of the materials from all other non-confidential materials, and a written document justifying the assertion of confidentiality consistent with any applicable provision of law. Notwithstanding any other provisions of law or regulation, all emission data records shall be available to the public to the extent required by the federal Clean Air Act.

VIII.C. Confidential information:

Any information relating to secret processes or methods of manufacture or production which may be required, ascertained, or discovered, or any other information confidential under the Colorado Air Pollution Prevention and Control Act § 25-7-119(4) C.R.S., shall not be publicly disclosed in public hearings or otherwise and shall be kept confidential by any Commissioner and staff. Any person seeking to invoke the protection of this section in any hearing shall bear the burden of proving its applicability. This provision is subject to the requirements for securing the confidentiality of any material, and the availability of emission data records, in Section VIII.B.

5 CCR 1001-1-VIII

44 CR 16, August 25, 2021, effective 9/14/2021