Regulatory Text: 
SUBCHAPTER 5.  REGISTRATION OF AIR CONTAMINANT SOURCES

(As approved by EPA 11/03/1999 (64 FR 59629) at 52.1920(c)(48) effective 01/03/2000.)

Outline
252:100-5-1.  Purpose
252:100-5-2.  Registration of potential sources of air contaminants
252:100-5-3.  Confidentiality of proprietary information

252:100-5-1.  Purpose

     The purpose of this Subchapter is to provide the Council with data whereby they might determine conditions of air pollution, as between particular air contaminant sources and as between particular areas of the state, such as urban, suburban and rural areas.

252:100-5-2.  Registration of potential sources of air contaminants

     (a)  The owner or operator of any potential air contaminant source on the effective date of this Subchapter shall at such time as requested, file with the Council information as to the nature of the air contaminant source including such information as would be needed or useful in evaluating the potential of the source for causing air pollution.

     (b)  The following information may be included for each source:  total weight of the contaminant released per day; period or periods of operation; composition of the contaminant; physical state of the contaminant; temperature and moisture content of the air or gas stream at the point where released into the atmosphere and such other information as may be specifically requested by the Director.  Where an air or gas cleaning device is incorporated in the air or gas stream preceding discharge to the atmosphere, the weight of material removed by the cleaning device, as well as the weight emitted, shall be stated.

252:100-5-3.  Confidentiality of proprietary information

     (a)  No person shall disclose to anyone other than the Air Quality Council, the  Executive Director, or a Court of competent jurisdiction any process information, except emission data, furnished or obtained pursuant to this Subchapter.  Emission data must be made available at all times to the public during normal working hours.

     (b)  Upon the request of the interested party or parties, all hearings in which proprietary information is to be divulged shall be held "in camera" and such information shall be sealed and access otherwise limited.  Emission data shall never be considered to be "proprietary" for purposes of this Subchapter and must be available at all times to the public during normal working hours.