S.C. Code Regs. § § 61-62.68.G.151

Current through Register Vol. 48, 12, December 27, 2024

Section 61-62.68.G.151 - Assertion of claims of confidential business information

(a) Except as provided in paragraph (b) of this section, an owner or operator of a stationary source required to report or otherwise provide information under Regulation 61-62.68 may make a claim of confidential business information for any such information that meets the criteria set forth in 40 CFR 2.301.

(b) Notwithstanding the provisions of 40 CFR Part 2, an owner or operator of a stationary source subject to this part may not claim as confidential business information the following information:

(1) Registration data required by Section 68.160(b)(1) through (b)(6) and (b)(8), (b)(10) through (b)(13), and (b)(21), and NAICS code and Program level of the process set forth in Section 68.160(b)(7);

(2) Offsite consequence analysis data required by Section68.165(b)(4), (b)(9), (b)(10), (b)(11), and (b)(12)(b)(4), (b)(9), (b)(10), (b)(11), and (b)(12);

(3) Accident history data required by Section68.168;

(4) Prevention program data required by Section68.170(b), (d), (e)(1), (f) through (k)(b), (d), (e)(68.170(b), (d), (e)(1), (f) through (k)), (f) through (k);

(5) Prevention program data required by Section68.175(b), (d), (e)(1), (f) through (p)(b), (d), (e)(68.175(b), (d), (e)(1), (f) through (p)), (f) through (p); and

(6) Emergency response program data required by Section68.180.

(c) Notwithstanding the procedures specified in 40 CFR Part 2, an owner or operator asserting a claim of CBI with respect to information contained in its RMP, shall submit to EPA at the time it submits the RMP the following:

(1) The information claimed confidential, provided in a format to be specified by EPA:

(2) A sanitized (redacted) copy of the RMP, with the notation "CBI" substituted for the information claimed confidential, except that a generic category or class name shall be substituted for any chemical name or identity claimed confidential; and

(3) The document or documents substantiating each claim of confidential business information, as described in Section68.152.

S.C. Code Regs. § 61-62.68.G.151

Amended by State Register Volume 44, Issue No. 12, eff. 12/25/2020.