TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE A: GENERAL PROVISIONS

CHAPTER I: POLLUTION CONTROL BOARD

 

PART 130

IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-

DISCLOSABLE INFORMATION

 

SUBPART A: GENERAL PROVISIONS

 

Section

130.100 Purpose and Applicability

130.102 Additional Procedures

130.104 Definitions and Severability

130.106 Segregation of Articles

130.108 Disposal of Articles

130.110 Articles Containing Emission Data

 

SUBPART B: PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE

SECRETS

 

Section

130.200 Initiation of a Claim that an Article Represents a Trade Secret

130.201 State Agency Request for Justification of Claims

130.202 Time Limit for Delayed Submission of Justification

130.203 Contents of Statement of Justification

130.204 Waiver of Statutory Deadlines

130.206 Deadline for State Agency Trade Secret Determination

130.208 Standards for State Agency Determination

130.210 State Agency Actions Following a Negative Determination

130.212 State Agency Actions Following a Positive Determination

130.214 Review of State Agency Trade Secret Determination

130.216 Effect of a Determination of Trade Secret Status on Other State Agencies

130.218 Status of Article Determined or Claimed to Represent a Trade Secret Before

January 1, 2001

130.220 Extension of Deadlines to Participate in Proceedings

 

SUBPART C: PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE

SECRETS

 

Section

130.300 Applicability

130.302 Owner’s Responsibility to Mark Article

130.304 State Agency’s Responsibility to Mark Article

130.306 Transmission of Article Between State Agencies

130.308 Public Access to Information Related to Article

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130.310 Access to Claimed or Determined Article

130.312 Unauthorized Disclosure or Use of Article

130.314 Limitation on Copying Article

 

SUBPART D: NON-DISCLOSABLE INFORMATION OTHER THAN TRADE SECRETS

 

Section

130.400 General

130.402 Who May View Non-Disclosable Information

130.404 Application for Non-Disclosure

130.406 Public Inspection

130.408 Board Order

 

130.APPENDIX A

Comparison of Former and Current Rules

(Repealed)

 

AUTHORITY: Implementing Sections 7 and 7.1 of the Environmental Protection Act (Act)

[415 ILCS 5/7 and 7.1] and authorized by Sections 7, 7.1, 26, and 27 of the Act [415 ILCS 5/7,

7.1, 26, 27].

 

SOURCE: Subparts A, B, and C originally adopted in R81-30 at 7 Ill. Reg. 16149, effective

November 23, 1983. Subpart D originally adopted in R88-5(A) at 13 Ill. Reg. 12055, effective

July 10, 1989; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 516, effective

January 1, 2001; amended in R04-24 at 29 Ill. Reg. 8842, effective June 8, 2005.

 

 

SUBPART A: GENERAL PROVISIONS

 

Section 130.100 Purpose and Applicability

 

a) Section 7(a) of the Act provides that

all files, records, and data of the

Illinois

Environmental Protection Agency

, the Board, and

DNR

shall be open for

reasonable public inspection except for

 

information which constitutes a trade

secret; information privileged against introduction in judicial proceedings;

internal communications of the several agencies; and information concerning

secret manufacturing processes or confidential data submitted by any person

under the Act.

[415 ILCS 5/7(a)]

 

b) This Part establishes procedures to identify and protect trade secrets and other

non-disclosable information.

 

1) Subpart A of this Part sets forth general provisions that apply with respect

to both trade secrets and other non-disclosable information. References in

this Subpart to non-disclosable information other than trade secrets apply

only to proceedings before the Board.

 

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2) Subparts B and C of this Part address only trade secrets. Those Subparts

apply to articles submitted to or otherwise obtained by the Board, the

Illinois Environmental Protection Agency, or DNR.

 

3) Subpart D of this Part addresses only non-disclosable information other

than trade secrets. That Subpart applies only to filings of articles with the

Board.

 

 

Section 130.102 Additional Procedures

 

The Illinois Environmental Protection Agency and DNR each may adopt additional procedures

that are not inconsistent with this Part to protect articles that are claimed or determined to

represent a trade secret.

 

 

Section 130.104 Definitions and Severability

 

a) Definitions. For the purpose of this Part, “State agency” refers to the Board, the

Illinois Environmental Protection Agency, or DNR. Other words and terms have

the meanings set forth in 35 Ill. Adm. Code 101.Subpart B, unless otherwise

provided or unless the context clearly indicates otherwise.

  

b) Severability. If any provision of this Part or its application to any person is

adjudged invalid, the adjudication does not affect the validity of this Part as a

whole or of any portion not adjudged invalid.

 

 

Section 130.106 Segregation of Articles

 

Any article, or any page or portion thereof, that is claimed or determined to represent a trade

secret or other non-disclosable information must be kept segregated from articles that are open to

public inspection, and must be kept secure from unauthorized access.

 

Section 130.108 Disposal of Articles

 

The State agency must dispose of an article that is claimed or determined to represent a trade

secret or other non-disclosable information, and any copies made of that article, according to its

application for authority to dispose of State records approved by the State Records Commission.

 

 

Section 130.110 Articles Containing Emission Data

 

a)

All emission data reported to or otherwise obtained by the Illinois Environmental

Protection Agency, the Board, or DNR in connection with any examination,

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inspection or proceeding under the Act shall be available to the public to the

extent required by the federal Clean Air Act as amended

[415 ILCS 5/7(c)].

 

b) For purposes of this Section, “emission data” means:

 

1) The identity, amount, frequency, concentration, or other characteristics

(related to air quality) of any contaminant that:

 

A) Has been emitted from an emission unit;

 

B) Results from any emission by the emission unit;

 

 

C) Under an applicable standard or limitation, the emission unit was

authorized to emit; or

 

 

D) Is a combination of any of the items described in subsection

(b)(1)(A), (B), or (C) of this Section.

 

2) The name, address (or description of the location), and the nature of the

emission unit necessary to identify the emission unit, including a

description of the device, equipment, or operation constituting the

emission unit.

 

c) In addition to subsection (b) of this Section, information necessary to determine

or calculate emission data, including rate of operation, rate of production, rate of

raw material usage, or material balance, will be deemed to represent emission

data for the purposes of this Section if the information is contained in a permit to

ensure that the permit is practically enforceable.

 

(Source: Amended at 29 Ill. Reg. 8842, effective June 8, 2005)

 

 

SUBPART B: PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE

SECRETS

 

Section 130.200 Initiation of a Claim that an Article Represents a Trade Secret

 

a) The owner of an article may claim that the article represents a trade secret only by

submitting to the State agency the claim letter required by subsection (b)(1) of

this Section at the time the owner submits the article to the State agency. If the

owner of the article submits the article to the State agency without simultaneously

submitting the claim letter required by subsection (b)(1) of this Section, the article

will be considered a matter of general public knowledge and cannot be protected

as a trade secret.

 

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b) The owner of an article seeking trade secret protection must submit the following

information to the State agency at the time the owner submits the article to the

State agency:

 

1) A claim letter that clearly states the name of the article, briefly describes

the article, and states that the article is claimed to represent a trade secret,

as defined in 35 Ill. Adm. Code 101.Subpart B and the Act; and

 

2) A copy of the article marked as provided in Section 130.302 of this Part.

 

  

c) The owner of an article seeking trade secret protection must submit to the State

agency a statement of justification for the claim meeting the requirements of

Section 130.203 of this Subpart. The owner of the article may submit the

statement of justification at the time the owner submits the article, or at a later

time, but in no event later than the time limit established pursuant to Section

130.202 of this Subpart.

 

d) If the State agency is provided with a claim letter required by subsection (b)(1) of

this Section, the State agency must consider the article a trade secret and must

protect it from disclosure pursuant to Subpart C of this Part until the State agency

makes a final determination and the appeal time has expired.

e) The owner of an article seeking trade secret protection is not required to serve any

other persons with the article or the page or portion thereof for which the owner

seeks trade secret protection.

 

Section 130.201 State Agency Request for Justification of Claims

 

a) The State agency may request that the owner of an article claimed to represent a

trade secret submit a statement of justification meeting the requirements of

Section 130.203 of this Subpart. The State agency may make the request when

the article is submitted or obtained, or at any later time.

 

b) The request under subsection (a) of this Section must be in writing. The State

agency must set forth in the request the reasoning for the request. Reasons for the

request may include the following:

 

1) The State agency has received or reasonably expects to receive a request

from the public to disclose the article;

 

2) The article is required to be available to the public in a proceeding before

the State agency;

 

3) Information within the article is required to be contained in a permit

issued by the State agency;

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4) To facilitate public participation in a proceeding before the State agency;

 

5) A regulation requires that the State agency determine whether the article

represents a trade secret at the time that the article is submitted to or

obtained by the State agency; or

 

6) Determining the validity of the claim will facilitate the timely

performance of State agency responsibilities.

 

 

Section 130.202 Time Limit for Delayed Submission of Justification

 

a) Within 10 working days after the date on which the owner of an article claimed to

represent a trade secret receives a State agency request for justification under

Section 130.201 of this Subpart, the owner must submit to the State agency a

statement of justification meeting the requirements of Section 130.203 of this

Subpart.

 

b) The State agency may extend the time period under subsection (a) of this Section

for a second period of 10 working days if, within the first 10 day period, the

owner of the article requests an extension and demonstrates that the extension is

necessary to complete the statement of justification.

 

 

Section 130.203 Contents of Statement of Justification

 

A statement of justification must contain the following:

 

a) A detailed description of the procedures used by the owner to safeguard the

article from becoming available to persons other than those selected by the owner

to have access thereto for limited purposes;

 

b) A detailed statement identifying the persons or class of persons to whom the

article has been disclosed;

 

c) A certification that the owner has no knowledge that the article has ever been

published or disseminated or has otherwise become a matter of general public

knowledge;

 

d) A detailed discussion of why the owner believes the article to be of competitive

value; and

 

e) Any other information that will support the claim.

 

 

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Section 130.204 Waiver of Statutory Deadlines

 

a) When the owner of an article seeking trade secret protection submits a statement

of justification under this Subpart to the State agency, the owner must

simultaneously submit to the State agency a waiver of any statutory deadline for

the State agency to decide the underlying proceeding or matter, such as a permit

application.

 

b) The waiver under subsection (a) of this Section must extend the statutory deadline

for a period equal to the period by which the decision on the underlying

proceeding or matter is delayed due to any subsequent trade secret justification

and determination process plus 45 days.

 

 

Section 130.206 Deadline for State Agency Trade Secret Determination

 

a) The State agency must determine whether the article represents a trade secret

within 45 days after the date it receives a complete statement of justification as

prescribed in Section 130.203 of this Subpart.

 

b) The owner of an article seeking trade secret protection may extend the

time period for the State agency to determine whether the article

represents a trade secret by submitting to the State agency a waiver of the

deadline for the State agency to determine whether the article represents a

trade secret.

 

 

Section 130.208 Standards for State Agency Determination

 

a) An article will be determined to represent a trade secret if:

 

1) The owner has complied with the procedures for making a claim and

justification as prescribed by this Subpart; and

 

2) The statement of justification demonstrates that:

 

A) The article has not been published, disseminated, or otherwise

become a matter of general public knowledge; and

 

B) The article has competitive value.

 

b) There will be a rebuttable presumption that an article has not been published,

disseminated, or otherwise become a matter of general public knowledge, if:

 

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1) The owner has taken reasonable measures to prevent the article from

becoming available to persons other than those selected by the owner to

have access to the article for limited purposes; and

 

2) The statement of justification contains a certification that the owner has no

knowledge that the article has ever been published, disseminated, or

otherwise become a matter of general public knowledge.

 

c) The State agency may determine that any page or portion of the article represents

a trade secret without finding that the entire article represents a trade secret.

 

 

Section 130.210 State Agency Actions Following a Negative Determination

 

a) If the State agency determines that an article, or any page or portion thereof, does

not meet the standards specified in Section 130.208(a)(1) or (2) of this Subpart,

the State agency must deny the claim for trade secret protection for the article or

page or portion thereof, and must give written notice of the determination to the

owner of the article and any requester pursuant to subsection (b) of this Section.

 

b) Written notice that the State agency denied a claim for trade secret protection

must be given by certified mail, return receipt requested, and must contain the

following information:

 

1) A statement of the State agency’s reasoning for denying the claim;

 

2) A notification that the State agency determination may be reviewed

pursuant to Section 130.214 of this Subpart; and

 

3) A notification that the State agency will cease protecting the article, or the

page or portion thereof, as a trade secret unless the State agency is served

with notice of the filing of a petition for review of the State agency’s

determination within 35 days after service of the notice of denial on the

owner and any requester.

 

c) If the State agency is served with notice of the filing of a petition for review of its

determination within 35 days after service of the notice of denial on the owner

and any requester, the State agency must notify the requester of the action and

must continue to protect the article, or the page or portion thereof, pursuant to

Subpart C of this Part until the State agency receives official notification of a final

order by a reviewing body with proper jurisdiction that does not reverse the State

agency determination and that is not subject to further appeal.

 

d) If the State agency does not receive the notification of a petition for review within

35 days after service of the notice of denial on the owner and any requester or

does receive official notification of a final, non-appealable action that does not

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reverse the State agency determination, the article will not be protected pursuant

to Subpart C of this Part and the State agency must so notify the owner and any

requester by certified mail, return receipt requested.

 

 

Section 130.212 State Agency Actions Following a Positive Determination

 

a) If the State agency determines that an article, or any page or portion thereof,

meets the standards specified in subsection 130.208(a)(1) and (2) of this Subpart,

the State agency must grant the claim for trade secret protection for the article or

page or portion thereof, and must give written notice of the determination to the

owner of the article and any requester pursuant to subsection (b) of this Section.

 

b) Written notice of the granting of a claim for trade secret protection must be given

by certified mail, return receipt requested, and must contain the following

information:

 

1) A statement of the State agency’s reasoning for granting the claim;

 

2) A notification that the State agency determination may be reviewed

pursuant to Section 130.214 of this Subpart; and

 

3) A notification that the article, or the page or portion thereof, will be

protected pursuant to Subpart C of this Part until the State agency receives

official notification of a final order by a reviewing body that reverses the

State agency determination and that is not subject to further appeal.

 

c) The State agency must continue to protect an article, or the page or portion

thereof, for which trade secret protection has been granted pursuant to Subpart C

of this Part until the State agency receives official notification of a final order by

a reviewing body with proper jurisdiction that reverses the State agency

determination and that is not subject to further appeal.

 

 

Section 130.214 Review of State Agency Trade Secret Determination

 

a) An owner or requester who is adversely affected by a final determination of the

Illinois Environmental Protection Agency or DNR pursuant to this Subpart may

petition the Board to review the final determination within 35 days after service

of the determination. Appeals to the Board will be pursuant to 35 Ill. Adm. Code

105.Subparts A and B.

 

b) An owner or requester who is adversely affected by a final determination of the

Board pursuant to this Subpart may obtain judicial review from the appellate

court by filing a petition for review pursuant to Section 41 of the Act [415 ILCS

5/41].

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c) If the State agency fails to make a final determination within the time limits

prescribed by this Subpart, the State agency must continue to protect the article as

set forth in Subpart C of this Part until the State agency issues a final

determination pursuant to this Subpart.

 

 

Section 130.216 Effect of a Determination of Trade Secret Status on Other State Agencies

 

a) Except as provided in subsection (b) of this Section, a claim or determination by

one State agency that an article represents a trade secret made pursuant to this

Subpart will apply to that same article when in the possession of either of the

other two State agencies.

 

b) When an article described in subsection (a) of this Section is the subject of a

review before the Board pursuant to Section 130.214(a) of this Subpart, the article

will be treated as a trade secret only unless or until the Board determines that the

article does not respresent a trade secret.

 

 

Section 130.218 Status of Article Determined or Claimed to Represent a Trade Secret

Before January 1, 2001

 

a) Any article that was determined by a State agency before January 1, 2001 to

represent a trade secret in accordance with State agency procedures adopted

pursuant to the IAPA will be deemed to have been determined to represent a trade

secret for the purposes of this Part. The State agency must protect the article in

accordance with Subpart C of this Part.

 

b) If a State agency possesses an article that was claimed before January 1, 2001 to

represent a trade secret and the State agency did not determine before January 1,

2001 whether the article represents a trade secret in accordance with procedures

adopted pursuant to the IAPA, the article is deemed to have been claimed to

represent a trade secret for the purposes of this Part. These claims are deemed

pending with unlimited waivers of any deadlines for decision.

 

 

Section 130.220 Extension of Deadlines to Participate in Proceedings

 

a) Upon the State agency’s finding that a person has satisfied the requirements of

subsection (b) of this Section, the State agency must extend any deadline for the

person to participate in the proceeding before the State agency until 10 days after

the State agency determines the trade secret status of the article.

 

b) The person seeking an extension to participate in a proceeding before the State

agency has the burden to demonstrate that the person will be adversely affected in

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the proceeding due to the timing of the State agency’s trade secret determination,

that the person could not have avoided the resulting delay by making an earlier

request, and that the article is relevant to the proceeding.

 

 

SUBPART C: PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE

SECRETS

 

Section 130.300 Applicability

 

Any article that is claimed or determined to represent a trade secret pursuant to Subpart B of this

Part must be protected from unauthorized disclosure pursuant to this Subpart.

 

 

Section 130.302 Owner’s Responsibility to Mark Article

 

a) When an entire article is claimed to represent a trade secret, the owner must mark

the article with the words “Trade Secret” in red ink on the face or front of the

article.

 

b) When less than an entire article is claimed to represent a trade secret, the owner

must:

 

1) Mark the article with the words “Trade Secret” in red ink on the face or

front of the article;

 

2) Indicate on the face or front of the article which page or portion of the

article is claimed to represent a trade secret;

 

3) Mark every page or portion of the article that is claimed to represent a

trade secret with the words “Trade Secret;” and

 

4) Furnish the State agency with a second copy of the article that is marked

pursuant to subsections (b)(1) and (2) of this Section and from which the

page or portion of the article that is claimed to represent a trade secret is

deleted.

 

 

Section 130.304 State Agency’s Responsibility to Mark Article

 

a) When an entire article is determined to represent a trade secret pursuant to

Section 130.208 of this Part, the State agency must mark the article with the word

“DETERMINED” in red ink on the face or front of the article and must also mark

any claim letter submitted for the article.

 

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b) When less than an entire article is determined to represent a trade secret pursuant

to Section 130.208 of this Part, the State agency must:

 

1) Mark the article with the word “DETERMINED” in red ink on the face or

front of the article;

 

2) Indicate on the face or front of the article and any claim letter submitted

for the article which page or portion of the article is determined to

represent a trade secret; and

 

3) Mark every page or portion of the article that is determined to represent a

trade secret with the word “DETERMINED.”

 

 

Section 130.306 Transmission of Article Between State Agencies

 

Before transmitting any article that is claimed or determined to represent a trade secret to another

State agency, the State agency must ensure that the article is marked pursuant to Sections

130.302 and 130.304 of this Subpart and is clearly distinguished and segregated from other

transmitted materials.

 

 

Section 130.308 Public Access to Information Related to Article

 

a) A copy of the claim letter submitted pursuant to Section 130.200(b)(1) of this Part

will be open to public inspection.

 

b) When an article was determined to represent a trade secret before January 1,

2001, and no claim letter exists, the State agency must prepare a statement that

will be open to public inspection, and that names and briefly describes the article.

 

c) When a page or portion of an article is claimed or determined to represent a trade

secret, a copy of the article must be open to public inspection, with the part or

portion of the article that is claimed or determined to represent a trade secret or

that would lead to disclosure of the trade secret deleted.

 

 

Section 130.310 Access to Claimed or Determined Article

 

a) The State agency must designate the State agency employees or officers who are

authorized to review articles that are claimed to represent trade secrets for the

purpose of making a determination pursuant to Section 130.208 of this Part.

 

b) Access to an article that is claimed or determined to represent a trade secret must

be limited to:

 

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1) Employees or officers designated pursuant to subsection (a) of this

Section;

 

2) Other employees, officers, or authorized representatives of the State

specifically authorized by the State agency to have access to the article for

the purpose of carrying out the Act or regulations promulgated thereunder

or when relevant to a proceeding or matter under the Act; or

 

3) Employees, officers, or authorized representatives of the United States

who are specifically authorized by the State agency to have access to the

article for the purpose of carrying out federal environmental statutes or

regulations.

 

c) The State agency must maintain the following information with regard to an

article that is claimed or determined to represent a trade secret:

 

1) A record of the number of copies held by the State agency;

 

2) A log of the location of all copies; and

 

3) A log of all persons who are authorized to review the article or copies

thereof.

 

 

Section 130.312 Unauthorized Disclosure or Use of Article

 

a) The State agency must ensure that all persons who are authorized to have access

to an article that is claimed or determined to represent a trade secret are given

notice of the restrictions on disclosure and use of the article contained in this

Subpart.

 

b) No State agency officer, employee, or authorized representative may disclose,

except as authorized by this Subpart, or use for private gain or advantage, any

article that is claimed or determined to represent a trade secret.

 

c) Each State agency officer, employee, or authorized representative must take

reasonable measures to safeguard an article that is claimed or determined to

represent a trade secret and to protect against disclosure that is inconsistent with

these rules.

 

d) Each authorized representative of the State agency who is furnished with access

to an article that is claimed or determined to represent a trade secret pursuant to

this Part must use or disclose that information only as authorized by the contract

or agreement under which the person is authorized to represent the State agency.

 

 

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Section 130.314 Limitation on Copying Article

 

No State agency officer, employee, or authorized representative of the State or the United States

may copy an article that is claimed or determined to represent a trade secret pursuant to this Part

except when authorized to do so by the State agency officer or employee designated to review

the article pursuant to Section 130.312(a) of this Subpart. All copies must be recorded and

logged in accordance with Section 130.312(c) of this Subpart.

 

 

SUBPART D: NON-DISCLOSABLE INFORMATION OTHER THAN TRADE SECRETS

 

Section 130.400 General

 

This Subpart applies only to filings of articles with the Board, and only with respect to Board

determinations of whether articles are non-disclosable information other than trade secrets.

“Non-disclosable information” is defined in 35 Ill. Adm. Code 101.Subpart B.

 

 

Section 130.402 Who May View Non-Disclosable Information

 

Any information accorded confidential treatment may be disclosed or transmitted to other

officers, employees

, including Board Members, Board attorneys, environmental scientists of the

Board’s technical unit, Board hearing officers, the Clerk, Assistant Clerk,

or authorized

representatives of this State or of the United States concerned with or for the purposes of

carrying out the Act or the federal environmental statutes and regulations; provided, however,

that such information shall be identified as confidential by the Board, as the case may be

[415

ILCS 5/7(e)].

 

 

Section 130.404 Application for Non-Disclosure

 

a) Except as provided in subsection (c)(4) of this Section, the applicant must file a

single copy of the following:

 

1) The article that is sought to be protected from disclosure; and

 

2) The application for non-disclosure.

 

b) When an entire article is sought to be protected from disclosure, the applicant

must mark the article with the words “NON-DISCLOSABLE INFORMATION”

in red ink on the face or front of the article.

 

c) When less than an entire article is sought to be protected from disclosure, the

applicant must:

 

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1) Mark the article with the words “NON-DISCLOSABLE

INFORMATION” in red ink on the face or front of the article;

 

2) Indicate on the face or front of the article which page or portion of the

article is claimed to be non-disclosable information;

 

3) Mark every page or portion of the article sought to be protected from

disclosure with the words “NON-DISCLOSABLE INFORMATION;”

 

4) File with the Clerk a second copy of the article that is marked pursuant to

subsections (c)(1) and (c)(2) of this Section and from which the page or

portion sought to be protected from disclosure is deleted.

   

d) The applicant is not required to serve any other persons with the article or the

page or portion thereof for which the applicant seeks protection from disclosure.

 

e) The application for non-disclosure must contain the following:

 

1) Identification of the particular non-disclosure category into which the

material that is sought to be protected from disclosure falls (see 35 Ill.

Adm. Code 101.202 for the definition of “non-disclosable information”);

 

2) A concise statement of the reasons for requesting non-disclosure;

 

3) Data and information on the nature of the material that is sought to be

protected from disclosure, identification of the number and title of all

persons familiar with the data and information, and a statement of how

long the material has been protected from disclosure;

 

4) An affidavit verifying the facts set forth in the application for non-

disclosure that are not of record in the proceeding; and

 

5) A waiver of any decision deadline in accordance with Section 130.204 of

this Part.

 

 

Section 130.406 Public Inspection

 

a) The public cannot inspect material for which a non-disclosure application is

pending before the Board.

 

b) If the Board determines that the material is not entitled to be protected from

disclosure, the public cannot inspect the material:

 

1) Until the time for appeal of the Board’s determination has expired; or

 

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