(a) Any person claiming information as confidential under 8 CAR § 80-801 shall:

1. (1) Clearly mark each page containing information with the word “CONFIDENTIAL”; and
2. (2) Submit an affidavit setting forth the reasons that the person believes the information is entitled to protection as a trade secret.

(b)

1. (1) Any information submitted to the Division of Environmental Quality for which a claim of confidentiality is made shall be submitted in a sealed envelope marked “CONFIDENTIAL” and addressed to the Director of the Division of Environmental Quality.

2. (2) The information shall be submitted in two (2) separate parts as follows:

   1. (A) The first part shall contain all information that is not deemed by the submitter to be confidential and shall include appropriate cross references to the second part; and
   2. (B) The second part shall contain data, words, phrases, paragraphs, or pages, and appropriate affidavits containing or relating to the information that is claimed to be confidential.