- (a) The Director of the Division of Environmental Quality or his or her designee shall give written notice to any person submitting information for which confidentiality is claimed of his or her decision on whether the information has been accepted as confidential.
- (b) All information that the director or his or her designee determines is entitled to protection shall be marked with the term “ACCEPTED” and shall be protected in accordance with 8 CAR § 80-805.
(c)
(1)
- (A) If the director or his or her designee finds the information submitted does not meet the requirements of 8 CAR § 80-803, he or she shall promptly notify the person submitting the information of this finding.
- (B) The director or his or her designee shall give the person reasonable opportunity to further justify his or her claim that the information deserves protection as a trade secret or to limit the scope of information for which the request for protection is made.
- (2) If the person fails to satisfactorily demonstrate to the director or the director’s designee that the information submitted meets the criteria of 8 CAR § 80-803, the information shall be marked with the term “REJECTED” and promptly returned to the person submitting the information.