Okla. Admin. Code § 252:205-1-4

Current through Vol. 41, No. 19, June 17, 2024

Section 252:205-1-4 - Public records and confidential information

(a)Public record. Information obtained by the DEQ and copies of official records of the DEQ regarding hazardous waste facilities and sites shall be made available to the public in accordance with the Oklahoma Open Records Act, 51 O.S. § 24A.1, Rules of Practice and Procedure (OAC 252:4), and in substantial accordance with 40 CFR Part 2.

(b)Availability to the public. Information about facilities and sites for treatment, storage and disposal of hazardous waste shall be made available to the public in substantially the same manner, and to the same degree, as would be the case if the EPA were carrying out the provisions of federal law in Oklahoma. [Also see Rules of Practice and Procedure, Availability of a Record, OAC 252:4-1-5.]

(c)Availability to EPA. All records submitted to the DEQ shall be available to the EPA unless they are submitted under a claim of confidentiality separate and distinct from State Program Requirements in 40 CFR Part 271.

(d)Disclaimer. The DEQ expressly disclaims and denies any duties, responsibilities or obligations other than as stated in (a) and (b) of this Section. Submitters of records claimed to be confidential are advised that it is their responsibility, not the DEQ's responsibility, to monitor and/or defend claims of confidentiality with the EPA. The DEQ expressly disclaims and denies responsibility or liability for any disclosure by the EPA of records claimed by the submitter to be confidential.

(e)Applications for Tax Credit. An application for a tax credit is a public record. If the applicant demonstrates that the application contains information that is a trade secret, the applicant shall provide a general summary description that can be made available to the public. Although the detailed financial data contained in the application may be declared confidential, the dollar amount of any tax credit allowed will be public information.

Okla. Admin. Code § 252:205-1-4

Added at 16 Ok Reg 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Amended at 23 Ok Reg 931, eff 6-15-06