Authority: IC 13-14-8; IC 13-14-9; IC 13-19-3

Affected: IC 13-14-11

Sec. 2. This article applies to the following:

1. (1) Information received on or after the effective date of this article from a person requesting confidential treatment of that information. The information may be either:

   1. (A) treated as a single unit of information even if the information is comprised of a collection of individual items of information; or
   2. (B) separated into two (2) or more categories to afford different treatment to the information in each category because the claim covers only a portion of the information.

2. (2) Employees of the department and contractors who:

   1. (A) make the confidentiality determination;
   2. (B) handle the confidential information; or
   3. (C) maintain the file of confidential information.

3. (3) Public records, except for the following:

   1. (A) In the event of a conflict between this article and 40 CFR 2.301* (Confidentiality of Business Information), both of which are applicable to the information or document, 40 CFR 2.301* shall govern over this article.
   2. (B) In the event that two (2) or more sections contained in 40 CFR 2.301* apply to the information, the section that provides greater or wider access to the public of the information shall govern.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are also available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

(Air Pollution Control Division; 326 IAC 17.1-1-2; filed Jan 26, 2000, 2:03 p.m.: 23 IR 1368; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed May 21, 2002, 10:20 a.m.: 25 IR 3084; readopted filed Apr 10, 2006, 11:05 a.m.: 29 IR 2684, eff Jan 1, 2007; readopted filed Jul 29, 2013, 9:34 a.m.: 20130828-IR-326130173BFA; readopted filed Jun 14, 2019, 2:02 p.m.: 20190710-IR-326190244BFA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)