[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR21.11]

[Page 253]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 21_SMALL BUSINESS--Table of Contents
 
Sec. 21.11  Public participation.

    (a) Applications shall not generally be subject to public notice, 
public comment, or public hearings. Applications during the period of 
review as stated in Sec. 21.5, or during the period of appeal as 
provided in Sec. 21.8, shall be available for public inspection. 
Approved applications as provided in Sec. 21.10(d) shall be available 
for public inspection at all times during the five year period.
    (b) The Regional Administrator, if he believes that the addition, 
alteration, or method of operation may adversely and significantly 
affect an interest of the public, shall provide for a public notice and/
or public hearing on the application. The public notice and/or public 
hearing shall be conducted in accordance with the procedures specified 
for a permit under 40 CFR 125.32 and 125.34(b).
    (c) Where the applicant is able to demonstrate to the satisfaction 
of the Regional Administrator that disclosure of certain information or 
parts thereof as provided in Sec. 21.3(c)(5) would result in the 
divulging of methods or processes entitled to protection as trade 
secrets, the Regional Administrator shall treat the information or the 
particular part as confidential in accordance with the purposes of 
section 1905 of Title 18 of the United States Code and not release it to 
any unauthorized person. Provided, however, That if access to such 
information is subsequently requested by any person, there will be 
compliance with the procedures specified in 40 CFR part 2. Such 
information may be disclosed to other officers, employees, or authorized 
representatives of the United States concerned with carrying out the Act 
or when relevant in any proceeding under the Act.