35 Ill. Adm. Code 720.102
Availability of Information; Confidentiality of Information
Section 720.102 Availability of Information;
Confidentiality of Information
a) Availability
and confidentiality of information is governed by Illinois law, including
Sections 7 and 7.1 of the Act and 35 Ill. Adm. Code 130.
b) Except
as provided under subsections (c) and (d), any person who submits information
to the Board or the Agency under this Part or 35 Ill. Adm. Code 721 through 728
may assert a claim of business confidentiality by following the procedures in
35 Ill. Adm. Code 130. Information covered by the claim will be disclosed by
the Board or the Agency only to the extent, and by means of the procedures, provided
in 35 Ill. Adm. Code 130.
c) Public
Disclosure of Hazardous Waste Manifest Documents
1) No
claim of business confidentiality may be asserted by any person with respect to
information entered on a hazardous waste manifest (USEPA Form 8700-22), a
Hazardous Waste Manifest Continuation Sheet (USEPA Form 8700-22A), or an
e-Manifest format that may be prepared and used in accordance with 35 Ill. Adm.
Code 722.120(a)(3).
2) USEPA
has stated that it will make any e-Manifest that is prepared and used under 35
Ill. Adm. Code 722.120(a)(3), or any paper manifest that is submitted to the
e-Manifest System under 35 Ill. Adm. Code 724.171(a)(6) or 725.171(a)(6)
available to the public under this Section when the electronic or paper
manifest is a complete and final document. E-Manifests and paper manifests
submitted to the e-Manifest System are complete and final documents, and they
become 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) Claims
of Confidentiality
1) A
person may not assert any claim of business confidentiality with respect to
information contained in cathode ray tube export documents prepared, used, and
submitted under 35 Ill. Adm. Code 721.139(a)(5) and 721.141(a), and for the
information contained in hazardous waste export, import, and transit documents
prepared, used, and submitted under 35 Ill. Adm. Code 722.182, 722.183,
722.184, 723.120, 724.112, 724.171, 725.112, 725.171, and 727.171, whether
submitted electronically into USEPA's Waste Import Export Tracking System or in
paper format.
2) USEPA
will make any cathode ray tube export documents prepared, used, and submitted
under 35 Ill. Adm. Code 721.139(a)(5) and 721.141(a) and any hazardous waste
export, import, and transit documents prepared, used, and submitted under 35
Ill. Adm. Code 722.182, 722.183, 722.184, 723.120, 724.112, 724.171, 725.112,
725.171, and 727.171 available to the public under this Section when
USEPA considers these electronic or paper documents
to
be final documents. USEPA considers these
submitted
electronic
and paper documents related to hazardous waste exports, imports, and transits
and cathode ray tube exports 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.