Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from the POTW-TP or MTMSA's inspection
and sampling activities, shall be available to the public without
restriction, unless the user specifically requests, and is able to
demonstrate to the satisfaction of the POTW-TP or MTMSA, that the
release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under
applicable state law. Any such request must be asserted at the time
of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection
by the public, but shall be made available immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other effluent data, as defined at 40 CFR 2.302 shall not be recognized
as confidential information and shall be available to the public without
restriction.