Section 312IAC25-4-113. Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; public availability

   (a) Information contained in a permit application on file with the director is a public record under IC 5-14-3, except as provided in this section.

  (b) Information in a permit application that pertains only to the analysis of chemical and physical properties of the coal to be mined (except information regarding mineral or elemental contents of the coal that are potentially toxic in the environment) is confidential.

  (c) Unless otherwise provided in this article, information contained in the reclamation plan required under sections 40 through 56 and 81 through 97 of this rule that is not on public file under Indiana law is a trade secret.

  (d) The director shall provide for procedures to separate the information that is a public record from the information that is a trade secret.

  (e) An applicant must clearly identify information that the applicant wishes to protect as a trade secret and must submit that information separately from other portions of the application.

  (f) Information on the nature and location of archaeological resources on public and Indian land, as required under 16 U.S.C. 470aa through 16 U.S.C. 470mm, is confidential.

  (g) A person who opposes or seeks disclosure of information that pertains to the analysis of chemical and physical properties of the coal to be mined, confidential information, or information claimed as a trade secret may submit the request under section 110 of this rule. The person seeking or opposing disclosure and the applicant shall be notified, in writing, of an order made by the director with respect to that request. The order is subject to administrative review under IC 4-21.5-3-5 and sections 122 through 123 of this rule. (Natural Resources Commission; 312 IAC 25-4-113; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3487, eff upon the Department of Natural Resources receiving notice of approval from the Office of Surface Mining and Reclamation of the U.S. Department of the Interior and notice of that approval being published in the Indiana Register; errata filed Nov 20, 2001, 11:55 a.m.: 25 IR 1182; filed Apr 1, 2004, 3:00 p.m.: 27 IR 2451, eff Jan 1, 2005; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA)