R315-260-2. Availability of Information and Confidentiality of Information

  (a) Any information provided to The Director under Rules R315-15 and 101; Rules R315-260 through 266, 268, 270 and 273 will be made available to the public to the extent and in the manner authorized by Sections 63G-2-101 through 901.

  (b) Except as provided under Subsection R315-260-2(c) and (d), any person who submits information to the Director in accordance with Rules R315-15 and 101; Rules R315-260 through 266, 268, 270 and 273 may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in Section 63G-2-309. Information covered by such a claim shall be disclosed by the Director only to the extent, and by means of the procedures, set forth Sections 63G-2-101 through 901. However, if no claim under Sections 63G-2-101 through 804 accompanies the information when it is received by the Director, it may be made available to the public without further notice to the person submitting it.

  (c)(1) After August 6, 2014, no claim of business confidentiality may be asserted by any person with respect to information entered on a Hazardous Waste Manifest, EPA Form 8700-22, a Hazardous Waste Manifest Continuation Sheet, EPA Form 8700-22A, or an electronic manifest format that may be prepared and used in accordance with Subsection R315-262-20(a)(3).

  (2) EPA shall make any electronic manifest that is prepared and used in accordance with Subsection R315-262-20(a)(3), or any paper manifest that is submitted to the system under Subsection R315-264-71(a)(6) or Subsection R315-265-71(a)(6), available to the public under Section R315-260-2 when the electronic or paper manifest is a complete and final document. Electronic manifests and paper manifests submitted to the system are considered by EPA to be complete and final documents and publicly available information after 90 days have passed since the delivery to the designated facility of the hazardous waste shipment identified in the manifest.

  (d)(1) After June 26, 2018, no claim of business confidentiality may be asserted by any person with respect to information contained in cathode ray tube export documents prepared, used and submitted under Subsections R315-261-39(a)(5) and 261-41(a), and with respect to information contained in hazardous waste export, import, and transit documents prepared, used and submitted under Sections R315-262-82, 262-83, 262-84, 263-20, 264-12, 264-71, 265-12, and 265-71, whether submitted electronically into EPA's Waste Import Export Tracking System or in paper format.

  (2) EPA will make any cathode ray tube export documents prepared, used and submitted under Subsections R315-261-39(a)(5) and 261-41(a), and any hazardous waste export, import, and transit documents prepared, used and submitted under Sections R315-262-82, 262-83, 262-84, 263-20, 264-12, 264-71, 265-12, and 265-71 available to the public under Section R315-260-2 when these electronic or paper documents are considered by EPA to be final documents. These submitted electronic and paper documents related to hazardous waste exports, imports and transits and cathode ray tube exports are considered by EPA to be final documents on March 1 of the calendar year after the related cathode ray tube exports or hazardous waste exports, imports, or transits occur.