7 Del. Admin. Code § 1351-A-8.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1351-A-8.0 - Submittal of Confidential Information

8.1 General Requirements

8.1.1 Any claim of confidentiality as to the name and address of applicants on any registration or notification forms will be denied.

8.1.2 A business confidentiality claim shall be asserted at the time of submission of the information or at the first opportunity provided, and shall be asserted by a Person claiming confidentiality, or the Department may release the information without further notice to the Person. Business information is entitled to confidential treatment if:

8.1.2.1 The business has asserted a business confidentiality claim which has not expired by its terms, nor been waived nor withdrawn; and

8.1.2.2 The business has satisfactorily shown that it has taken reasonable measures to protect the confidentiality of the information and that it intends to continue to take such measures; and

8.1.2.3 The information is not, nor has been, reasonably obtainable without the business' consent by other Persons (other than governmental bodies) by the use of legitimate means (other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding); and

8.1.2.4 No statute specifically requires disclosure of the information; and

8.1.2.5 The business has satisfactorily shown that disclosure is likely to cause substantial harm to its competitive position or the information is voluntarily submitted and its disclosure would likely impair the Department's ability to obtain necessary information in the future.

8.1.3 Any information to which this Section applies, which may be entitled to confidential treatment as determined by the Department, may be released upon request to the United States Environmental Protection Agency (EPA).

8.1.4 Any information submitted to the Department in which a confidential business information designation is requested shall be subject to the Freedom of Information Act Regulations adopted pursuant to 29 Del.C. Chapter 100 as amended.

7 Del. Admin. Code § 1351-A-8.0

23 DE Reg. 581 (1/1/2020) (final)