§ 92.63. Public access to information.

 (a)  Any NPDES forms and public comment will be available to the public for inspection and copying.

 (b)  The Department may protect any information, other than effluent data, contained in NPDES forms, or other records, reports or plans pertaining to the NPDES permit program as confidential upon a showing by any person that the information is not a public record for the purposes of section 607 of the State Act (35 P. S. §  691.607). Documents which may be protected as confidential and are not public records are those which if made public would divulge an analysis of chemical and physical properties of coal (excepting information regarding the mineral or elemental content which is potentially toxic in the environment), and those which are confidential commercial information or methods or processes entitled to protection as trade secrets under State or Federal law. If, however, the information being considered for confidential treatment is contained in an NPDES form, the Department will forward the information to the Regional Administrator for concurrence in any determination of confidentiality. If the Regional Administrator does not concur that some or all of the information being considered for confidential treatment merits the protection and so notifies the Department in writing, the Department will make available to the public that information determined by the Regional Administrator in consultation with the EPA Office of General Counsel not entitled to protection in accordance with 40 CFR Part 2 (relating to public information).

 (c)  Information accorded confidential status, whether or not contained in an NPDES form, will be disclosed, upon request, to the Regional Administrator, or an authorized representative, who shall maintain the disclosed information as confidential.

 (d)  Facilities for the inspection of information relating to NPDES permits will be provided and State employes will honor requests for inspection promptly without undue requirements or restrictions. Either a machine or device for the copying of papers and documents will be available for a reasonable fee, or other copying facilities or services will be provided.

   The provisions of this §  92.63 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § §  691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  92.63 amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (258038) to (258039).

   This section cited in 25 Pa. Code §  92.67 (relating to notice of reissuance of permits); 25 Pa. Code §  93.4c (relating to implementation of antidegradation requirements); and 25 Pa. Code §  93.8d (relating to development of site-specific water quality criteria).