(a) Except as provided by subsection (c) of this section, all applications for permits; revisions; renewals; and transfers; assignments or sales of permit rights on file with the Commission shall be available, at reasonable times, for public inspection and copying.
(b) Except as provided by subsection (c)(1) of this section, information pertaining to coal seams, test borings, core sampling, or soil samples in permit applications shall be made available for inspection and copying to any person with an interest which is or may be adversely affected.
(c) Confidential information is limited to:
  (1) information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on components of such coal which are potentially toxic in the environment;
  (2) information required under §134.041 of the Act that is not on public file and that the applicant has requested in writing to be held confidential; and
  (3) information on the nature and location of archeological resources on public land and Indian land shall be kept confidential as required under the Archeological Resources Protection Act of 1979 (Pub. L. 96-95, 93 Stat. 721, 16 USC 470).
(d) The Commission shall maintain information required to be kept confidential under subsection (c) of this section separately from other portions of the permit application. This information shall be clearly identified by applicant and submitted separately from other portions of the application.
(e) The Commission shall provide reasonable notice and an opportunity to be heard for persons seeking or opposing disclosure of information under this section.

Source Note: The provisions of this §12.210 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.