cfr_sections
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43 rows where part_number = 2 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:1.0.1.1.2.1.1.1 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 2.100 General provisions. | EPA | (a) General. This subpart contains the rules that the Environmental Protection Agency (EPA or Agency) follows in processing requests for records under the Freedom of Information Act (FOIA), 5 U.S.C. 552. Information routinely provided to the public as part of a regular EPA activity may be provided to the public without following this subpart. (b) Other regulatory provisions. (1) Subpart B of this part contains requirements pertaining to the confidentiality of business information. (2) 40 CFR part 16 contains requirements pertaining to Privacy Act requests. (c) Statutory-based fee schedule programs. EPA will inform the requester of the steps necessary to obtain records from agencies operating statutory-based fee schedule programs, such as, but not limited to, the Government Printing Office or the National Technical Information Service. (d) National FOIA Office. The Chief FOIA Officer designates the office that performs the duties of the National FOIA Office. The National FOIA Office reports to the Chief FOIA Officer. (e) FOIA Public Liaison. The Chief FOIA Officer designates the FOIA Public Liaisons. The FOIA Public Liaisons report to the Chief FOIA Officer. A FOIA Public Liaison is responsible for assisting in reducing delays, increasing transparency and understanding of the status of requests, and assisting in the resolution of disputes. A FOIA Public Liaison is an official to whom a requester can raise concerns about the service the requester received from the FOIA Requester Service Center. The public can find more information about the FOIA Public Liaisons at EPA's website. (f) Other record availability. Records required by FOIA to be made available for public inspection and copying are accessible through EPA's FOIA website, http://www.epa.gov/foia. EPA also proactively discloses records and information through the Agency's website, www.epa.gov. | ||||
| 40:40:1.0.1.1.2.1.1.10 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 2.109 Other rights and services. | EPA | Nothing in this subpart shall be construed to entitle any person, as a right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA. | ||||
| 40:40:1.0.1.1.2.1.1.2 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 2.101 Where to file requests for records. | EPA | (a) Requesters must submit all requests for records from EPA under the FOIA in writing and by one of the following methods: (1) EPA's FOIA submission website, linked to at www.epa.gov/foia; (2) An electronic government submission website established pursuant to 5 U.S.C. 552(m), such as FOIA.gov; (3) U.S. Mail sent to the following address: National FOIA Office, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW (2310A), Washington, DC 20460; or (4) Overnight delivery service to National FOIA Office, U.S. Environmental Protection Agency, 1200 Pennsylvania NW, Room 7309C, Washington, DC 20460. (b) EPA will not treat a request submitted by any method other than those listed in § 2.101(a) as a FOIA request, and the Agency will not re-route such a request. (c) The requester or requester organization must include the full name of their point of contact and their mailing address for EPA to process the request. For all requests, requesters should provide an email address and daytime telephone number whenever possible. For requests submitted through EPA's FOIA submission website or as provided by an electronic government submission website established pursuant to 5 U.S.C. 552(m), requesters must include an email address. For requests submitted through U.S. Mail, the requester must mark both the request letter and envelope “Freedom of Information Act Request.” (d) EPA provides access to all records that the FOIA requires an agency to make regularly available for public inspection and copying. Each office is responsible for determining which of the records it generates are required to be made publicly available and for providing access by the public to them. The Agency will also maintain and make available for public inspection and copying a current subject matter index of such records and provide a copy or a link to the respective website for Headquarters or the Regions. Each index will be updated regularly, at least quarterly, with respect to newly-included records. (e) All records created by EPA… | ||||
| 40:40:1.0.1.1.2.1.1.3 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 2.102 Procedures for making requests. | EPA | (a) EPA employees may attempt in good faith to comply with oral requests for inspection or disclosure of EPA records that are publicly available under § 2.201(a) and (b), but such requests are not subject to the FOIA or this Part. (b)(1) Requesters must reasonably describe the records sought in sufficient detail to enable a professional employee of the Agency who is familiar with the subject area of the request to locate the records with a reasonable amount of effort. (2) If EPA determines that a request does not reasonably describe the requested records as provided in § 2.102(b)(1), EPA will tell the requester either what additional information the requester needs to provide or why the request is otherwise insufficient. EPA will also give the requester an opportunity to discuss and modify the request to meet the requirements of § 2.102(b)(1). If the requester fails to modify the request to meet the requirements of § 2.102(b)(1) within 20 calendar days, EPA will not process the submission and close the request. If the requester does modify the request to meet the requirements of § 2.102(b)(1), EPA will consider the request received as of the date the modification is received by EPA. (3) Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter. If known, the requester should include any file designations or descriptions for the records that the requester wants. The more specific the requester is about the records or type of records that the requester wants, the more likely EPA will be able to identify and locate records responsive to the request. | ||||
| 40:40:1.0.1.1.2.1.1.4 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 2.103 Responsibility for responding to requests. | EPA | (a) In general. Upon receipt of a FOIA request under § 2.101(a), the National FOIA Office will assign the request to an appropriate office within the Agency for processing. To determine which records are within the scope of a request, an office will ordinarily include only those records in the Agency's possession as of the date that the Agency begins its search. The Agency will inform the requester if any other date is used. (b) Authority to issue final determinations. The Administrator, Deputy Administrators, Assistant Administrators, Deputy Assistant Administrators, Regional Administrators, Deputy Regional Administrators, General Counsel, Deputy General Counsels, Regional Counsels, Deputy Regional Counsels, and Inspector General or those individuals' delegates, are authorized to make determinations required by 5 U.S.C. 552(a)(6)(A). (c) Authority to grant or deny fee waivers or requests for expedited processing. EPA's Chief FOIA Officer or EPA's Chief FOIA Officer's delegates are authorized to grant or deny requests for fee waivers or requests for expedited processing. (d) Consultations and referrals. When a request to EPA seeks records in EPA's possession that originated with another Federal agency, the EPA office assigned to process the request shall either: (1) In coordination with the National FOIA Office, consult with the Federal agency where the record or portion thereof originated and then respond to the request, or (2) With the concurrence of the National FOIA Office, refer any record to the Federal agency where the record or portion thereof originated. The National FOIA Office will notify the requester whenever all or any part of the responsibility for responding to a request has been referred to another agency. (e) Law enforcement information. Whenever a requester makes a request for a record containing information that relates to an investigation of a possible violation of law and the investigation originated with another agency, the assigned office, with the concurrence of the Nation… | ||||
| 40:40:1.0.1.1.2.1.1.5 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 2.104 Responses to requests. | EPA | (a) Timing of response. (1) Consistent with 5 U.S.C. 552(a)(6)(A) and upon any request for records made pursuant to this subpart, EPA shall determine within 20 working days after receipt of any such request whether to comply with such request and shall immediately notify the person according to this section. (2) A requester submitting a request electronically must do so before 5:00 p.m. Eastern Time for the Agency to consider the request as received on that date, and a request submitted electronically at or after 5 p.m. Eastern Time will be considered received by the National FOIA Office on the next business day. (3) The timeframe for response may be extended if unusual circumstances exist per paragraph (f) of this section, including when EPA asserts unusual circumstances and arranges an alternative timeframe with the requester, or exceptional circumstances exist per paragraph (g) of this section. The timeframe for response may be tolled per paragraph (e) of this section. (b) Agency failure to respond. If EPA fails to respond to the request within the statutory time-period, or any authorized extension of time, the requester may seek judicial review to obtain the records without first making an administrative appeal. (c) Acknowledgment of request. On receipt of a request, the National FOIA Office ordinarily will send a written acknowledgment advising the requester of the date the Agency received the request and of the processing number assigned to the request for future reference. (d) Multitrack processing. The Agency uses three or more processing tracks by distinguishing between simple and complex requests based on the amount of work, time needed to process the request, or both, including limits based on the number of pages involved. The Agency will advise the requester of the processing track in which the Agency placed the request and the limits of the different processing tracks. The Agency may place the request in a slower track while providing the requester with the opportunity to limit the scope… | ||||
| 40:40:1.0.1.1.2.1.1.6 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 2.105 [Reserved] | EPA | |||||
| 40:40:1.0.1.1.2.1.1.7 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 2.106 Preservation of records. | EPA | The Agency will preserve all correspondence pertaining to the FOIA requests that it receives, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the National Archives and Records Administration's General Records Schedule 4.2. Records shall not be disposed of while they are the subject of a pending request, appeal, or lawsuit under the FOIA. | ||||
| 40:40:1.0.1.1.2.1.1.8 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 2.107 Fees. | EPA | (a) In general. The Agency will charge for processing requests under the FOIA in accordance with this section, except where fees are limited under paragraph (g) of this section or where a waiver or reduction of fees is granted under paragraph (n) of this section. (b) How to pay fees. Requesters must pay fees by check, money order, electronically at https://www.pay.gov/, to the Treasury of the United States. (c) Contractor rates. When any search, review, or duplication task is performed by a contractor, EPA will charge for staff time at the contractor's actual pay rate, but not exceeding the rates set under paragraph (f)(2)(ii) of this section. (d) Rounding staff time. Billable staff time is calculated by rounding to the nearest quarter-hour. (e) Types of requests for fee purposes. For purposes of this section, the five types of request categories are defined in paragraphs (e)(1) through (5) of this section. These request categories will be charged for the types of fees as noted, subject to the restrictions in paragraph (g) of this section and unless a fee waiver has been granted under paragraph (n) of this section. Paragraph (f) of this section defines and explains how the Agency calculates each type of fee. (1) Commercial-use Request. (i) Commercial use request means a request from or on behalf of a person who seeks information for a use or purpose that furthers the requester's commercial, trade, or profit interests, which can include furthering those interests through litigation. The Agency will determine, whenever reasonably possible, the use to which a requester will put the requested records. When it appears that the requester will put the records to a commercial use, either because of the nature of the request itself or because the Agency has reasonable cause to doubt a requester's stated use, the Agency will provide the requester a reasonable opportunity to submit further clarification. (ii) For a commercial-use request, the Agency will charge the requester for search, review, and dupli… | ||||
| 40:40:1.0.1.1.2.1.1.9 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 2.108 Administrative appeals. | EPA | (a) Appeals of adverse determinations. To appeal an adverse determination, a requester must submit an appeal in writing within 90 calendar days from the date of the letter communicating the Agency's adverse determination, and by one of the following methods: (1) EPA's FOIA submission website, linked to at www.epa.gov/foia; (2) U.S. Mail sent to the following address: National FOIA Office, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW (2310A), Washington, DC 20460; or (3) Overnight delivery service to National FOIA Office, U.S. Environmental Protection Agency, 1200 Pennsylvania NW, Room 7309C, Washington, DC 20460. (b) Timing for administrative appeals submitted electronically. Requesters submitting appeals electronically must do so before 5 p.m. Eastern Time for the Agency to consider the appeal as received on that date, and appeals submitted electronically at or after 5 p.m. Eastern Time will be considered received by the National FOIA Office on the next business day. (c) Content of administrative appeal. The appeal may include as much or as little related information as the requester wishes. The appeal must clearly identify the office's determination that is being appealed and the assigned request tracking number. For quickest handling of appeals sent via U.S. Mail or overnight delivery service, the requester must mark their appeal letter and its envelope with “Freedom of Information Act Appeal.” (d) Authority to make decision on appeal. Unless the Administrator directs otherwise, the General Counsel or the General Counsel's delegate will act on behalf of the Administrator on all appeals under this section, except that: (1) The Counsel to the Inspector General will act on any appeal where the Inspector General or the Inspector General's delegate has made the final adverse determination; however, if the Counsel to the Inspector General has signed the final adverse determination, the General Counsel or the General Counsel's delegate will act on the appeal; (2) An adverse deter… | ||||
| 40:40:1.0.1.1.2.2.1.1 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.201 Definitions. | EPA | For the purposes of this subpart: (a) Person means an individual, partnership, corporation, association, or other public or private organization or legal entity, including Federal, State or local governmental bodies and agencies and their employees. (b) Business means any person engaged in a business, trade, employment, calling or profession, whether or not all or any part of the net earnings derived from such engagement by such person inure (or may lawfully inure) to the benefit of any private shareholder or individual. (c) Business information (sometimes referred to simply as information ) means any information which pertains to the interests of any business, which was developed or acquired by that business, and (except where the context otherwise requires) which is possessed by EPA in recorded form. (d) Affected business means, with reference to an item of business information, a business which has asserted (and not waived or withdrawn) a business confidentiality claim covering the information, or a business which could be expected to make such a claim if it were aware that disclosure of the information to the public was proposed. (e) Reasons of business confidentiality include the concept of trade secrecy and other related legal concepts which give (or may give) a business the right to preserve the confidentiality of business information and to limit its use or disclosure by others in order that the business may obtain or retain business advantages it derives from its rights in the information. The definition is meant to encompass any concept which authorizes a Federal agency to withhold business information under 5 U.S.C. 552(b)(4), as well as any concept which requires EPA to withhold information from the public for the benefit of a business under 18 U.S.C. 1905 or any of the various statutes cited in §§ 2.301 through 2.309. (f) [Reserved] (g) Information which is available to the public is information in EPA's possession which EPA will furnish to any member of the public upon request an… | ||||
| 40:40:1.0.1.1.2.2.1.10 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.210 Nondisclosure for reasons other than business confidentiality or where disclosure is prohibited by other statute. | EPA | (a) Information which is not entitled to confidential treatment under this subpart shall be made available to the public (using the procedures set forth in §§ 2.204 and 2.205) if its release is requested under 5 U.S.C. 552, unless EPA determines (under subpart A of this part) that, for reasons other than reasons of business confidentiality, the information is exempt from mandatory disclosure and cannot or should not be made available to the public. Any such determination under subpart A shall be coordinated with actions taken under this subpart for the purpose of avoiding delay in responding to requests under 5 U.S.C. 552. (b) Notwithstanding any other provision of this subpart, if any statute not cited in this subpart appears to require EPA to give confidential treatment to any business information for reasons of business confidentiality, the matter shall be referred promptly to an EPA legal office for resolution. Pending resolution, such information shall be treated as if it were entitled to confidential treatment. | ||||
| 40:40:1.0.1.1.2.2.1.11 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.211 Safeguarding of business information; penalty for wrongful disclosure. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 50 FR 51662, Dec. 18, 1985; 58 FR 461, Jan. 5, 1993] | (a) No EPA officer or employee may disclose, or use for his or her private gain or advantage, any business information which came into his or her possession, or to which he or she gained access, by virtue of his or her official position or employment, except as authorized by this subpart. (b) Each EPA officer or employee who has custody or possession of business information shall take appropriate measures to properly safeguard such information and to protect against its improper disclosure. (c) Violation of paragraph (a) or (b) of this section shall constitute grounds for dismissal, suspension, fine, or other adverse personnel action. Willful violation of paragraph (a) of this section may result in criminal prosecution under 18 U.S.C. 1905 or other applicable statute. (d) Each contractor or subcontractor with the United States Government, and each employee of such contractor or subcontractor, who is furnished business information by EPA under § 2.301(h), § 2.302(h), § 2.304(h), § 2.305(h), § 2.306(j), § 2.307(h), § 2.308(i), or § 2.310(h) shall use or disclose that information only as permitted by the contract or subcontract under which the information was furnished. Contractors or subcontractors shall take steps to properly safeguard business information including following any security procedures for handling and safeguarding business information which are contained in any manuals, procedures, regulations, or guidelines provided by EPA. Any violation of this paragraph shall constitute grounds for suspension or debarment of the contractor or subcontractor in question. A willful violation of this paragraph may result in criminal prosecution. | |||
| 40:40:1.0.1.1.2.2.1.12 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.212 Establishment of control offices for categories of business information. | EPA | (a) The Administrator, by order, may establish one or more mutually exclusive categories of business information, and may designate for each such category an EPA office (hereinafter referred to as a control office ) which shall have responsibility for taking actions (other than actions required to be taken by an EPA legal office) with respect to all information within such category. (b) If a control office has been assigned responsibility for a category of business information, no other EPA office, officer, or employee may make available to the public (or otherwise disclose to persons other than EPA officers and employees) any information in that category without first obtaining the concurrence of the control office. Requests under 5 U.S.C. 552 for release of such information shall be referred to the control office. (c) A control office shall take the actions and make the determinations required by § 2.204 with respect to all information in any category for which the control office has been assigned responsibility. (d) A control office shall maintain a record of the following, with respect to items of business information in categories for which it has been assigned responsibility: (1) Business confidentiality claims; (2) Comments submitted in support of claims; (3) Waivers and withdrawals of claims; (4) Actions and determinations by EPA under this subpart; (5) Actions by Federal courts; and (6) Related information concerning business confidentiality. | ||||
| 40:40:1.0.1.1.2.2.1.13 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.213 Designation by business of addressee for notices and inquiries. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40001, Sept. 8, 1978] | (a) A business which wishes to designate a person or office as the proper addressee of communications from EPA to the business under this subpart may do so by furnishing in writing to the Headquarters Freedom of Information Operations (1105), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, the following information: The name and address of the business making the designation; the name, address, and telephone number of the designated person or office; and a request that EPA inquiries and communications (oral and written) under this subpart, including inquiries and notices which require reply within deadlines if the business is to avoid waiver of its rights under this subpart, be furnished to the designee pursuant to this section. Only one person or office may serve at any one time as a business's designee under this subpart. (b) If a business has named a designee under this section, the following EPA inquiries and notices to the business shall be addressed to the designee: (1) Inquiries concerning a business's desire to assert a business confidentiality claim, under § 2.204(c)(2)(i)(A); (2) Notices affording opportunity to substantiate confidentiality claims, under § 2.204(d)(1) and § 2.204(e); (3) Inquires concerning comments, under § 2.205(b)(4); (4) Notices of denial of confidential treatment and proposed disclosure of information, under § 2.205(f); (5) Notices concerning shortened comment and/or waiting periods under § 2.205(g); (6) Notices concerning modifications or overrulings of prior determinations, under § 2.205(h); (7) Notices to affected businesses under §§ 2.301(g) and 2.301(h) and analogous provisions in §§ 2.302, 2.303, 2.304, 2.305, 2.306, 2.307, and 2.308; and (8) Notices to affected businesses under § 2.209. (c) The Freedom of Information Officer shall, as quickly as possible, notify all EPA offices that may possess information submitted by the business to EPA, the Regional Freedom of Information Offices, the Office of General Counsel, and the offices… | |||
| 40:40:1.0.1.1.2.2.1.14 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.214 Defense of Freedom of Information Act suits; participation by affected business. | EPA | [43 FR 40001, Sept. 8, 1978] | (a) In making final confidentiality determinations under this subpart, the EPA legal office relies to a large extent upon the information furnished by the affected business to substantiate its claim of confidentiality. The EPA legal office may be unable to verify the accuracy of much of the information submitted by the affected business. (b) If the EPA legal office makes a final confidentiality determination under this subpart that certain business information is entitled to confidential treatment, and EPA is sued by a requester under the Freedom of Information Act for disclosure of that information, EPA will: (1) Notify each affected business of the suit within 10 days after service of the complaint upon EPA; (2) Where necessary to preparation of EPA's defense, call upon each affected business to furnish assistance; and (3) Not oppose a motion by any affected business to intervene as a party to the suit under rule 24(b) of the Federal Rules of Civil Procedure. (c) EPA will defend its final confidentiality determination, but EPA expects the affected business to cooperate to the fullest extent possible in this defense. | |||
| 40:40:1.0.1.1.2.2.1.15 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.215 Confidentiality agreements. | EPA | [43 FR 40001, Sept. 8, 1978] | (a) No EPA officer, employee, contractor, or subcontractor shall enter into any agreement with any affected business to keep business information confidential unless such agreement is consistent with this subpart. No EPA officer, employee, contractor, or subcontractor shall promise any affected business that business information will be kept confidential unless the promise is consistent with this subpart. (b) If an EPA office has requested information from a State, local, or Federal agency and the agency refuses to furnish the information to EPA because the information is or may constitute confidential business information, the EPA office may enter into an agreement with the agency to keep the information confidential, notwithstanding the provisions of this subpart. However, no such agreement shall be made unless the General Counsel determines that the agreement is necessary and proper. (c) To determine that an agreement proposed under paragraph (b) of this section is necessary, the General Counsel must find: (1) The EPA office requesting the information needs the information to perform its functions; (2) The agency will not furnish the information to EPA without an agreement by EPA to keep the information confidential; and (3) Either: (i) EPA has no statutory power to compel submission of the information directly from the affected business, or (ii) While EPA has statutory power to compel submission of the information directly from the affected business, compelling submission of the information directly from the business would— (A) Require time in excess of that available to the EPA office to perform its necessary work with the information, (B) Duplicate information already collected by the other agency and overly burden the affected business, or (C) Overly burden the resources of EPA. (d) To determine that an agreement proposed under paragraph (b) of this section is proper, the General Counsel must find that the agreement states— (1) The purpose for which the information is required by EPA; (2) The … | |||
| 40:40:1.0.1.1.2.2.1.16 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | §§ 2.216-2.300 [Reserved] | EPA | |||||
| 40:40:1.0.1.1.2.2.1.17 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.301 Special rules governing certain information obtained under the Clean Air Act. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40002, Sept. 8, 1978; 43 FR 42251, Sept. 20, 1978; 50 FR 51662, Dec. 18, 1985; 58 FR 461, Jan. 5, 1993; 58 FR 5061, Jan. 19, 1993; 58 FR 7189, Feb. 5, 1993; 76 FR 30817, May 26, 2011; 76 FR 64015, Oct. 17, 2011; 88 FR 4470, Jan. 24, 2023; 89 FR 91163, Nov. 18, 2024; 90 FR 21227, May 19, 2025] | (a) Definitions. For the purpose of this section: (1) Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. (2)(i) Emission data means, with reference to any source of emission of any substance into the air— (A) Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of any emission which has been emitted by the source (or of any pollutant resulting from any emission by the source), or any combination of the foregoing; (B) Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of the emissions which, under an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source); and (C) A general description of the location and/or nature of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source). (ii) Notwithstanding paragraph (a)(2)(i) of this section, the following information shall be considered to be emission data only to the extent necessary to allow EPA to disclose publicly that a source is (or is not) in compliance with an applicable standard or limitation, or to allow EPA to demonstrate the feasibility, practicability, or attainability (or lack thereof) of an existing or proposed standard or limitation: (A) Information concerning research, or the results of research, on any project, method, device or installation (or any component thereof) which was produced, developed, installed, and used only for research purposes; and (B) Information concerning any product, method, device, or installation (or any component thereof) designed and intended to be marketed or used commercially but not yet so marketed or used. … | |||
| 40:40:1.0.1.1.2.2.1.18 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.302 Special rules governing certain information obtained under the Clean Water Act. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40003, Sept. 8, 1978] | (a) Definitions. For the purposes of this section: (1) Act means the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. (2)(i) Effluent data means, with reference to any source of discharge of any pollutant (as that term is defined in section 502(6) of the Act, 33 U.S.C. 1362 (6))— (A) Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics (to the extent related to water quality) of any pollutant which has been discharged by the source (or of any pollutant resulting from any discharge from the source), or any combination of the foregoing; (B) Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics (to the extent related to water quality) of the pollutants which, under an applicable standard or limitation, the source was authorized to discharge (including, to the extent necessary for such purpose, a description of the manner or rate of operation of the source); and (C) A general description of the location and/or nature of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source). (ii) Notwithstanding paragraph (a)(2)(i) of this section, the following information shall be considered to be effluent data only to the extent necessary to allow EPA to disclose publicly that a source is (or is not) in compliance with an applicable standard or limitation, or to allow EPA to demonstrate the feasibility, practicability, or attainability (or lack thereof) of an existing or proposed standard or limitation: (A) Information concerning research, or the results of research, on any product, method, device, or installation (or any component thereof) which was produced, developed, installed, and used only for research purposes; and (B) Information concerning any product, method, device, or installation (or any c… | |||
| 40:40:1.0.1.1.2.2.1.19 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.303 Special rules governing certain information obtained under the Noise Control Act of 1972. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40003, Sept. 8, 1978] | (a) Definitions. For the purposes of this section: (1) Act means the Noise Control Act of 1972, 42 U.S.C. 4901 et seq. (2) Manufacturer has the meaning given it in 42 U.S.C. 4902(6). (3) Product has the meaning given it in 42 U.S.C. 4902(3). (4) Proceeding means any rulemaking, adjudication, or licensing conducted by EPA under the Act or under regulations which implement the Act, except for determinations under this subpart. (b) Applicability. This section applies only to information provided to or obtained by EPA under section 13 of the Act, 42 U.S.C. 4912, by or from any manufacturer of any product to which regulations under section 6 or 8 of the Act (42 U.S.C. 4905, 4907) apply. Information will be deemed to have been provided or obtained under section 13 of the Act, if it was provided in response to a request by EPA made for the purpose of enabling EPA to determine whether the manufacturer has acted or is acting in compliance with the Act, or if its submission could have been required under section 13 of the Act, regardless of whether section 13 was cited as authority for the request, whether an order to provide such information was issued under section 11(d) of the Act, 42 U.S.C. 4910(d), and whether the information was provided directly to EPA by the manufacturer or through some third person. (c) Basic rules which apply without change. Sections 2.201 through 2.207 and 2.209 through 2.215 apply without change to information to which this section applies. (d) [Reserved] (e) Substantive criteria for use in confidentiality determinations. Section 2.208 applies without change to information to which this section applies; however, no information to which this section applies is voluntarily submitted information. (f) [Reserved] (g) Disclosure of information relevant to a proceeding. (1) Under section 13 of the Act, any information to which this section applies may be released by EPA because of its relevance to a matter in controversy in a proceeding, notwithstanding the fact that the i… | |||
| 40:40:1.0.1.1.2.2.1.2 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.202 Applicability of subpart; priority where provisions conflict; records containing more than one kind of information. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40000, Sept. 8, 1978; 50 FR 51661, Dec. 18, 1985] | (a) Sections 2.201 through 2.215 establish basic rules governing business confidentiality claims, the handling by EPA of business information which is or may be entitled to confidential treatment, and determinations by EPA of whether information is entitled to confidential treatment for reasons of business confidentiality. (b) Various statutes (other than 5 U.S.C. 552) under which EPA operates contain special provisions concerning the entitlement to confidential treatment of information gathered under such statutes. Sections 2.301 through 2.311 prescribe rules for treatment of certain categories of business information obtained under the various statutory provisions. Paragraph (b) of each of those sections should be consulted to determine whether any of those sections applies to the particular information in question. (c) The basic rules of §§ 2.201 through 2.215 govern except to the extent that they are modified or supplanted by the special rules of §§ 2.301 through 2.311. In the event of a conflict between the provisions of the basic rules and those of a special rule which is applicable to the particular information in question, the provision of the special rule shall govern. (d) If two or more of the sections containing special rules apply to the particular information in question, and the applicable sections prescribe conflicting special rules for the treatment of the information, the rule which provides greater or wider availability to the public of the information shall govern. (e) For most purposes, a document or other record may usefully be treated as a single unit of information, even though in fact the document or record is comprised of a collection of individual items of information. However, in applying the provisions of this subpart, it will often be necessary to separate the individual items of information into two or more categories, and to afford different treatment to the information in each such category. The need for differentiation of this type may arise, e.g., because a business confide… | |||
| 40:40:1.0.1.1.2.2.1.20 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.304 Special rules governing certain information obtained under the Safe Drinking Water Act. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40003, Sept. 8, 1978] | (a) Definitions. For the purposes of this section: (1) Act means the Safe Drinking Water Act, 42 U.S.C. 300f et seq. (2) Contaminant means any physical, chemical, biological, or radiological substance or matter in water. (3) Proceeding means any rulemaking, adjudication, or licensing process conducted by EPA under the Act or under regulations which implement the Act, except for any determination under this part. (b) Applicability. (1) This section applies only to information— (i) Which was provided to or obtained by EPA pursuant to a requirement of a regulation which was issued by EPA under the Act for the purpose of— (A) Assisting the Administrator in establishing regulations under the Act; (B) Determining whether the person providing the information has acted or is acting in compliance with the Act; or (C) Administering any program of financial assistance under the Act; and (ii) Which was provided by a person— (A) Who is a supplier of water, as defined in section 1401(5) of the Act, 42 U.S.C. 300f(5); (B) Who is or may be subject to a primary drinking water regulation under section 1412 of the Act, 42 U.S.C. 300g-1; (C) Who is or may be subject to an applicable underground injection control program, as defined in section 1422(d) of the Act, 42 U.S.C.300h-1(d); (D) Who is or may be subject to the permit requirements of section 1424(b) of the Act, 42 U.S.C. 300h-3(b); (E) Who is or may be subject to an order issued under section 1441(c) of the Act, 42 U.S.C. 300j(c); or (F) Who is a grantee, as defined in section 1445(e) of the Act, 42 U.S.C. 300j-4(e). (2) This section applies to any information which is described by paragraph (b)(1) of this section if it was provided in response to a request by EPA or its authorized representative (or by a State agency administering any program under the Act) made for any purpose stated in paragraph (b)(1) of this section, or if its submission could have been required under section 1445 of the Act, 42 U.S.C. 300j-4, regardless of whether such section … | |||
| 40:40:1.0.1.1.2.2.1.21 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.305 Special rules governing certain information obtained under the Solid Waste Disposal Act, as amended. | EPA | [43 FR 40003, Sept. 8, 1978, as amended at 50 FR 51662, Dec. 18, 1985] | (a) Definitions. For purposes of this section: (1) Act means the Solid Waste Disposal Act, as amended, including amendments made by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901 et seq. (2) Person has the meaning given it in section 1004(15) of the Act, 42 U.S.C. 6903(15). (3) Hazardous waste has the meaning given it in section 1004(5) of the Act, 42 U.S.C. 6903(5). (4) Proceeding means any rulemaking, adjudication, or licensing conducted by EPA under the Act or under regulations which implement the Act including the issuance of administrative orders and the approval or disapproval of plans (e.g. closure plans) submitted by persons subject to regulation under the Act, but not including determinations under this subpart. (b) Applicability. This section applies to information provided to or obtained by EPA under section 3001(b)(3)(B), 3007, or 9005 of the Act, 42 U.S.C 6921(b)(3)(B), 6927, or 6995. Information will be considered to have been provided or obtained under sections 3001(b)(3)(B), 3007, or 9005 of the Act if it was provided in response to a request from EDA made for any of the purposes stated in the Act or if its submission could have been required under those provisions of the Act regardless of whether a specific section was cited as the authority for any request for the information or whether the information was provide directly to EPA or through some third person. (c) Basic rules which apply without change. Sections 2.201 through 2.207 and 2.209 through 2.215 apply without change to information to which this section applies. (d) [Reserved] (e) Substantive criteria for use in confidentiality determinations. Section 2.208 applies without change to information to which this section applies; however, no information to which this section applies is voluntarily submitted information. (f) [Reserved] (g) Disclosure of information relevant in a proceeding. (1) Under sections 3007(b) and 9005(b) of the Act (42 U.S.C. 6927(b) and 6995(b)), any informa… | |||
| 40:40:1.0.1.1.2.2.1.22 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.306 Special rules governing certain information obtained under the Toxic Substances Control Act. | EPA | [88 FR 37165, June 7, 2023] | (a) Definitions. For the purposes of this section: Act means the Toxic Substances Control Act, 15 U.S.C. 2601 et seq. Chemical substance has the meaning given it in section 3(2) of the Act, 15 U.S.C. 2602(2). EPA Legal Office means the EPA Office of General Counsel and any EPA office over which the EPA General Counsel exercises supervisory authority. Proceeding means any rulemaking, adjudication, or licensing conducted by EPA under the Act or under regulations which implement the Act, except for determinations under this subpart. (b) Applicability. This section applies as set forth in 40 CFR 703.1. (c) Basic rules that apply without change. Sections 2.210, 2.211, 2.212, 2.214, and 2.215 of this part apply without change to information to which this section applies. Unless otherwise specified in this section, the provisions in §§ 2.201 through 2.205 and 2.208 do not apply to information subject to this section. Instead, the provisions of 40 CFR part 703 provide the requirements and procedures relevant to confidentiality determinations for information submitted to EPA under the Act. (d) Disclosure in special circumstances. (1) EPA intends to make disclosures pursuant to a request under section 14(d)(4), (5), or (6) of the Act for information to which this section applies in accordance with the requirements of the Act and any applicable EPA guidance required by section 14(c)(4)(B) of the Act. (2) Section 2.209 applies to information to which this section applies, except that: (i) The notification specified in § 2.209(b)(2) is 15 business days. (ii) The following two additional provisions apply to § 2.209(c): (A) The official purpose for which the information is needed must be in connection with the agency's duties under any law for protection of health or the environment or for specific law enforcement purposes; and (B) EPA notifies the other agency that the information was acquired under authority of the Act and that any knowing disclosure of the information may subject the officers and emp… | |||
| 40:40:1.0.1.1.2.2.1.23 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.307 Special rules governing certain information obtained under the Federal Insecticide, Fungicide and Rodenticide Act. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40005, Sept. 8, 1978] | (a) Definitions. For the purposes of this section; (1) Act means the Federal Insecticide, Fungicide and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and its predecessor, 7 U.S.C. 135 et seq. (2) Applicant means any person who has submitted to EPA (or to a predecessor agency with responsibility for administering the Act) a registration statement or application for registration under the Act of a pesticide or of an establishment. (3) Registrant means any person who has obtained registration under the Act of a pesticide or of an establishment. (b) Applicability. This section applies to all information submitted to EPA by an applicant or registrant for the purpose of satisfying some requirement or condition of the Act or of regulations which implement the Act, including information originally submitted to EPA for some other purpose but incorporated by the applicant or registrant into a submission in order to satisfy some requirement or condition of the Act or of regulations which implement the Act. This section does not apply to information supplied to EPA by a petitioner in support of a petition for a tolerance under 21 U.S.C. 346a(d), unless the information is also described by the first sentence of this paragraph. (c) Basic rules which apply without change. Sections 2.201 through 2.203, 2.206, 2.207, and 2.210 through 2.215 apply without change to information to which this section applies. (d) Initial action by EPA office. Section 2.204 applies to information to which this section applies, except that the provisions of paragraph (e) of this section regarding the time allowed for seeking judicial review shall be reflected in any notice furnished to a business under § 2.204(d)(2). (e) Final confidentiality determination by EPA legal office. Section 2.205 applies to information to which this section applies, except that— (1) Notwithstanding § 2.205(i), the General Counsel (or his designee), rather than the Regional Counsel, shall make the determinations and take the actions required b… | |||
| 40:40:1.0.1.1.2.2.1.24 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.308 Special rules governing certain information obtained under the Federal Food, Drug and Cosmetic Act. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40005, Sept. 8, 1978] | (a) Definitions. For the purposes of this section: (1) Act means the Federal Food, Drug and Cosmetic Act, as amended, 21 U.S.C. 301 et seq. (2) Petition means a petition for the issuance of a regulation establishing a tolerance for a pesticide chemical or exempting the pesticide chemical from the necessity of a tolerance, pursuant to section 408(d) of the Act, 21 U.S.C. 346a(d). (3) Petitioner means a person who has submitted a petition to EPA (or to a predecessor agency). (b) Applicability. (1) This section applies only to business information submitted to EPA (or to an advisory committee established under the Act) by a petitioner, solely in support of a petition which has not been acted on by the publication by EPA of a regulation establishing a tolerance for a pesticide chemical or exempting the pesticide chemical from the necessity of a tolerance, as provided in section 408(d) (2) or (3) of the Act, 21 U.S.C. 346a(d) (2) or (3). (2) Section 2.307, rather than this section, applies to information described by the first sentence of § 2.307(b) (material incorporated into submissions in order to satisfy the requirements of the Federal Insecticide, Fungicide and Rodenticide Act, as amended), even though such information was originally submitted by a petitioner in support of a petition. (3) This section does not apply to information gathered by EPA under a proceeding initiated by EPA to establish a tolerance under section 408(e) of the Act, 21 U.S.C. 346a(e). (c) Basic rules which apply without change. Sections 2.201, 2.202, 2.206, 2.207, and 2.210 through 2.215 apply without change to information to which this section applies. (d) Effect of submission of information without claim. Section 2.203 (a) and (b) apply without change to information to which this section applies. Section 2.203(c), however, does not apply to information to which this section applies. A petitioner's failure to assert a claim when initially submitting a petition shall not constitute a waiver of any claim the petitioner… | |||
| 40:40:1.0.1.1.2.2.1.25 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.309 Special rules governing certain information obtained under the Marine Protection, Research and Sanctuaries Act of 1972. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40005, Sept. 8, 1978] | (a) Definitions. For the purposes of this section: (1) Act means the Marine Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. 1401 et seq. (2) Permit means any permit applied for or granted under the Act. (3) Application means an application for a permit. (b) Applicability. This section applies to all information provided to or obtained by EPA as a part of any application or in connection with any permit. (c) Basic rules which apply without change. Sections 2.201 through 2.207 and 2.209 through 2.215 apply without change to information to which this section applies. (d) Substantive criteria for use in confidentiality determinations. Section 2.208 does not apply to information to which this section applies. Pursuant to section 104(f) of the Act, 33 U.S.C. 1414(f), no information to which this section applies is eligible for confidential treatment. | |||
| 40:40:1.0.1.1.2.2.1.26 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.310 Special rules governing certain information obtained under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. | EPA | [50 FR 51663, Dec. 18, 1985, as amended at 58 FR 462, Jan. 5, 1993] | (a) Definitions. For purposes of this section: (1) Act means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, including amendments made by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. 9601, et seq. (2) Person has the meaning given it in section 101(21) of the Act, 42 U.S.C. 9601(21). (3) Facility has the meaning given it in section 101(9) of the Act, 42 U.S.C. 9601(9). (4) Hazardous substance has the meaning given it in section 101(14) of the Act, 42 U.S.C. 9601(14). (5) Release has the meaning given it in section 101(22) of the Act, 42 U.S.C. 9601(22). (6) Proceeding means any rulemaking or adjudication conducted by EPA under the Act or under regulations which implement the Act (including the issuance of administrative orders under section 106 of the Act and cost recovery pre-litigation settlement negotiations under sections 107 or 122 of the Act), any cost recovery litigation under section 107 of the Act, or any administrative determination made under section 104 of the Act, but not including determinations under this subpart. (b) Applicability. This section applies only to information provided to or obtained by EPA under section 104 of the Act, 42 U.S.C. 9604, by or from any person who stores, treats, or disposes of hazardous wastes; or where necessary to ascertain facts not available at the facility where such hazardous substances are located, by or from any person who generates, transports, or otherwise handles or has handled hazardous substances, or by or from any person who performs or supports removal or remedial actions pursuant to section 104(a) of the Act. Information will be considered to have been provided or obtained under section 104 of the Act if it was provided in response to a request from EPA or a representative of EPA made for any of the purposes stated in section 104, if it was provided pursuant to the terms of a contract, grant or other agreement to perform work pursuant to section 104, or if its sub… | |||
| 40:40:1.0.1.1.2.2.1.27 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.311 Special rules governing certain information obtained under the Motor Vehicle Information and Cost Savings Act. | EPA | [50 FR 51663, Dec. 18, 1985] | (a) Definitions. For the purposes of this section: (1) Act means the Motor Vehicle Information and Cost Savings Act, as amended, 15 U.S.C. 1901 et seq. (2) Average fuel economy has the meaning given it in section 501(4) of the Act, 15 U.S.C. 2001(4). (3) Fuel economy has the meaning given it in section 501(6) of the Act, 15 U.S.C. 2001(6). (4) Fuel economy data means any measurement or calculation of fuel economy for any model type and average fuel economy of a manufacturer under section 503(d) of the Act, 15 U.S.C. 2003(d). (5) Manufacturer has the meaning given it in section 501(9) of the Act, 15 U.S.C. 2001(9). (6) Model type has the meaning given it in section 501(11) of the Act, 15 U.S.C. 2001(11). (b) Applicability. This section applies only to information provided to or obtained by EPA under Title V, Part A of the Act, 15 U.S.C. 2001 through 2012. Information will be considered to have been provided or obtained under Title V, Part A of the Act if it was provided in response to a request from EPA made for any purpose stated in Title V, Part A, or if its submission could have been required under Title V Part A, regardless of whether Title V Part A was cited as the authority for any request for information or whether the information was provided directly to EPA or through some third person. (c) Basic rules which apply without change. Sections 2.201 through 2.207 and §§ 2.209 through 2.215 apply without change to information to which this section applies. (d) [Reserved] (e) Substantive criteria for use in confidentiality determinations. Section 2.208 applies without change to information to which this section applies, except that information this is fuel economy data is not eligible for confidential treatment. No information to which this section applies is voluntarily submitted information. (f) [Reserved] (g) Disclosure of information relevant to a proceeding. (1) Under section 505(d)(1) of the Act, any information to which this section applies may be released by EPA because… | |||
| 40:40:1.0.1.1.2.2.1.3 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.203 Notice to be included in EPA requests, demands, and forms; method of asserting business confidentiality claim; effect of failure to assert claim at time of submission. | EPA | (a) Notice to be included in certain requests and demands for information, and in certain forms. Whenever an EPA office makes a written request or demand that a business furnish information which, in the office's opinion, is likely to be regarded by the business as entitled to confidential treatment under this subpart, or whenever an EPA office prescribes a form for use by businesses in furnishing such information, the request, demand, or form shall include or enclose a notice which— (1) States that the business may, if it desires, assert a business confidentiality claim covering part or all of the information, in the manner described by paragraph (b) of this section, and that information covered by such a claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in this subpart; (2) States that if no such claim accompanies the information when it is received by EPA, it may be made available to the public by EPA without further notice to the business; and (3) Furnishes a citation of the location of this subpart in the Code of Federal Regulations and the Federal Register. (b) Method and time of asserting business confidentiality claim. A business which is submitting information to EPA may assert a business confidentiality claim covering the information by placing on (or attaching to) the information, at the time it is submitted to EPA, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as trade secret, proprietary, or company confidential. Allegedly confidential portions of otherwise non-confidential documents should be clearly identified by the business, and may be submitted separately to facilitate identification and handling by EPA. If the business desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state. (c) Effect of failure to assert claim at time of submission of information. If information was submitted by a business to EPA on or after Octob… | ||||
| 40:40:1.0.1.1.2.2.1.4 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.204 Initial action by EPA office. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40000, Sept. 8, 1978; 50 FR 51661, Dec. 18, 1985] | (a) Situations requiring action. This section prescribes procedures to be used by EPA offices in making initial determinations of whether business information is entitled to confidential treatment for reasons of business confidentiality. Action shall be taken under this section whenever an EPA office: (1) Learns that it is responsible for responding to a request under 5 U.S.C. 552 for the release of business information; in such a case, the office shall issue an initial determination within the period specified in § 2.112; (2) Desires to determine whether business information in its possession is entitled to confidential treatment, even though no request for release of the information has been received; or (3) Determines that it is likely that EPA eventually will be requested to disclose the information at some future date and thus will have to determine whether the information is entitled to confidential treatment. In such a case this section's procedures should be initiated at the earliest practicable time, in order to increase the time available for preparation and submission of comments and for issuance of determinations, and to make easier the task of meeting response deadlines if a request for release of the information is later received under 5 U.S.C. 552. (b) Previous confidentiality determination. The EPA office shall first ascertain whether there has been a previous determination, issued by a Federal court or by an EPA legal office acting under this subpart, holding that the information in question is entitled to confidential treatment for reasons of business confidentiality. (1) If such a determination holds that the information is entitled to confidential treatment, the EPA Office shall furnish any person whose request for the information is pending under 5 U.S.C. 552 an initial determination (see § 2.111 and § 2.113) that the information has previously been determined to be entitled to confidential treatment, and that the request is therefore denied. The office shall furnish such person the … | |||
| 40:40:1.0.1.1.2.2.1.5 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.205 Final confidentiality determination by EPA legal office. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 50 FR 51661, Dec. 18, 1985] | (a) Role of EPA legal office. (1) The appropriate EPA legal office (see paragraph (i) of this section) is responsible for making the final administrative determination of whether or not business information covered by a business confidentiality claim is entitled to confidential treatment under this subpart. (2) When a request for release of the information under 5 U.S.C. 552 is pending, the EPA legal office's determination shall serve as the final determination on appeal from an initial denial of the request. (i) If the initial denial was issued under § 2.204(b)(1), a final determination by the EPA legal office is necessary only if the requestor has actually filed an appeal. (ii) If the initial denial was issued under § 2.204(d)(1), however, the EPA legal office shall issue a final determination in every case, unless the request has been withdrawn. (Initial denials under § 2.204(d)(1) are of a procedural nature, to allow further inquiry into the merits of the matter, and a requestor is entitled to a decision on the merits.) If an appeal from such a denial has not been received by the EPA Freedom of Information Officer on the tenth working day after issuance of the denial, the matter shall be handled as if an appeal had been received on that day, for purposes of establishing a schedule for issuance of an appeal decision under § 2.117 of this part. (b) Comment period; extensions; untimeliness as waiver of claim. (1) Each business which has been furnished the notice and opportunity to comment prescribed by § 2.204(d)(1) and § 2.204(e) shall furnish its comments to the office specified in the notice in time to be postmarked or hand delivered to that office not later than the date specified in the notice (or the date established in lieu thereof under this section). (2) The period for submission of comments may be extended if, before the comments are due, a request for an extension of the comment period is made by the business and approved by the EPA legal office. Except in extraordinary circumstances, the EPA… | |||
| 40:40:1.0.1.1.2.2.1.6 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.206 Advance confidentiality determinations. | EPA | (a) An advance determination under this section may be issued by an EPA legal office if— (1) EPA has requested or demanded that a business furnish business information to EPA; (2) The business asserts that the information, if submitted, would constitute voluntarily submitted information under § 2.201(i); (3) The business will voluntarily submit the information for use by EPA only if EPA first determines that the information is entitled to confidential treatment under this subpart; and (4) The EPA office which desires submission of the information has requested that the EPA legal office issue a determination under this section. (b) The EPA office requesting an advance determination under this section shall— (1) Arrange to have the business furnish directly to the EPA legal office a copy of the information (or, where feasible, a description of the nature of the information sufficient to allow a determination to be made), as well as the business's comments concerning the matters addressed in § 2.204(e)(4), excluding, however, matters addressed in § 2.204 (e)(4)(iii) and (e)(4)(iv); and (2) Furnish to the EPA legal office the materials referred to in § 2.204(f) (3), (7), (8), and (9). (c) In making a determination under this section, the EPA legal office shall first determine whether or not the information would constitute voluntarily submitted information under § 2.201(i). If the information would constitute voluntarily submitted information, the legal office shall further determine whether the information is entitled to confidential treatment. (d) If the EPA legal office determines that the information would not constitute voluntarily submitted information, or determines that it would constitute voluntarily submitted information but would not be entitled to confidential treatment, it shall so inform the business and the EPA office which requested the determination, stating the basis of the determination, and shall return to the business all copies of the information which it may have received from the busi… | ||||
| 40:40:1.0.1.1.2.2.1.7 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.207 Class determinations. | EPA | (a) The General Counsel may make and issue a class determination under this section if he finds that— (1) EPA possesses, or is obtaining, related items of business information; (2) One or more characteristics common to all such items of information will necessarily result in identical treatment for each such item under one or more of the provisions in this subpart, and that it is therefore proper to treat all such items as a class for one or more purposes under this subpart; and (3) A class determination would serve a useful purpose. (b) A class determination shall clearly identify the class of information to which it pertains. (c) A class determination may state that all of the information in the class— (1) Is, or is not, voluntarily submitted information under § 2.201(i); (2) Is, or is not, governed by a particular section of this subpart, or by a particular set of substantive criteria under this subpart; (3) Fails to satisfy one or more of the applicable substantive criteria, and is therefore ineligible for confidential treatment; (4) Satisfies one or more of the applicable substantive criteria; or (5) Satisfies one or more of the applicable substantive criteria during a certain period, but will be ineligible for confidential treatment thereafter. (d) The purpose of a class determination is simply to make known the Agency's position regarding the manner in which information within the class will be treated under one or more of the provisions of this subpart. Accordingly, the notice of opportunity to submit comments referred to in § 2.204(d)(1)(ii) and § 2.205(b), and the list of materials required to be furnished to the EPA legal office under § 2.204(d)(1)(iii), may be modified to reflect the fact that the class determination has made unnecessary the submission of materials pertinent to one or more issues. Moreover, in appropriate cases, action based on the class determination may be taken under § 2.204(b)(1), § 2.204(d), § 2.205(d), or § 2.206. However, the existence of a class determination shall … | ||||
| 40:40:1.0.1.1.2.2.1.8 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.208 Substantive criteria for use in confidentiality determinations. | EPA | Determinations issued under §§ 2.204 through 2.207 shall hold that business information is entitled to confidential treatment for the benefit of a particular business if— (a) The business has asserted a business confidentiality claim which has not expired by its terms, nor been waived nor withdrawn; (b) The business has satisfactorily shown that it has taken reasonable measures to protect the confidentiality of the information, and that it intends to continue to take such measures; (c) The information is not, and has not been, reasonably obtainable without the business's consent by other persons (other than governmental bodies) by use of legitimate means (other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding); (d) No statute specifically requires disclosure of the information; and (e) Either— (1) The business has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the business's competitive position; or (2) The information is voluntarily submitted information (see § 2.201(i)), and its disclosure would be likely to impair the Government's ability to obtain necessary information in the future. | ||||
| 40:40:1.0.1.1.2.2.1.9 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | B | Subpart B—Confidentiality of Business Information | § 2.209 Disclosure in special circumstances. | EPA | [41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40000, Sept. 8, 1978; 50 FR 51661, Dec. 18, 1985] | (a) General. Information which, under this subpart, is not available to the public may nonetheless be disclosed to the persons, and in the circumstances, described by paragraphs (b) through (g) of this section. (This section shall not be construed to restrict the disclosure of information which has been determined to be available to the public. However, business information for which a claim of confidentiality has been asserted shall be treated as being entitled to confidential treatment until there has been a determination in accordance with the procedures of this subpart that the information is not entitled to confidential treatment.) (b) Disclosure to Congress or the Comptroller General. (1) Upon receipt of a written request by the Speaker of the House, President of the Senate, chairman of a committee or subcommittee, or the Comptroller General, as appropriate, EPA will disclose business information to either House of Congress, to a committee or subcommittee of Congress, or to the Comptroller General, unless a statute forbids such disclosure. (2) If the request is for business information claimed as confidential or determined to be confidential, the EPA office processing the request shall provide notice to each affected business of the type of information disclosed and to whom it is disclosed. Notice shall be given at least ten days prior to disclosure, except where it is not possible to provide notice ten days in advance of any date established by the requesting body for responding to the request. Where ten days advance notice cannot be given, as much advance notice as possible shall be provided. Where notice cannot be given before the date established by the requesting body for responding to the request, notice shall be given as promptly after disclosure as possible. Such notice may be given by notice published in the Federal Register or by letter sent by certified mail, return receipt requested, or telegram. However, if the requesting body asks in writing that no notice under this subsection be give… | |||
| 40:40:1.0.1.1.2.3.1.1 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | C | Subpart C—Testimony by Employees and Production of Documents in Civil Legal Proceedings Where the United States Is Not a Party | § 2.401 Scope and purpose. | EPA | This subpart sets forth procedures to be followed when an EPA employee is requested or subpoenaed to provide testimony concerning information acquired in the course of performing official duties or because of the employee's official status. (In such cases, employees must state for the record that their testimony does not necessarily represent the official position of EPA. If they are called to state the official position of EPA, they should ascertain that position before appearing.) These procedures also apply to subpoenas duces tecum for any document in the possession of EPA and to requests for certification of copies of documents. (a) These procedures apply to: (1) State court proceedings (including grand jury proceedings); (2) Federal civil proceedings, except where the United States, EPA or another Federal agency is a party; and (3) State and local legislative and administrative proceedings. (b) These procedures do not apply: (1) To matters which are not related to EPA; (2) To Congressional requests or subpoenas for testimony or documents; (3) Where employees provide expert witness services as approved outside activities in accordance with 40 CFR part 3, subpart E (in such cases, employees must state for the record that the testimony represents their own views and does not necessarily represent the official position of EPA); (4) Where employees voluntarily testify as private citizens with respect to environmental matters (in such cases, employees must state for the record that the testimony represents their own views and does not necessarily represent the official position of EPA). (c) The purpose of this subpart is to ensure that employees' official time is used only for official purposes, to maintain the impartiality of EPA among private litigants, to ensure that public funds are not used for private purposes and to establish procedures for approving testimony or production of documents when clearly in the interests of EPA. | ||||
| 40:40:1.0.1.1.2.3.1.2 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | C | Subpart C—Testimony by Employees and Production of Documents in Civil Legal Proceedings Where the United States Is Not a Party | § 2.402 Policy on presentation of testimony and production of documents. | EPA | (a) With the approval of the cognizant Assistant Administrator, Office Director, Staff Office Director or Regional Administrator or his designee, EPA employees (as defined in 40 CFR 3.102 (a) and (b)) may testify at the request of another Federal agency, or, where it is in the interests of EPA, at the request of a State or local government or State legislative committee. (b) Except as permitted by paragraph (a) of this section, no EPA employee may provide testimony or produce documents in any proceeding to which this subpart applies concerning information acquired in the course of performing official duties or because of the employee's official relationship with EPA, unless authorized by the General Counsel or his designee under §§ 2.403 through 2.406. | ||||
| 40:40:1.0.1.1.2.3.1.3 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | C | Subpart C—Testimony by Employees and Production of Documents in Civil Legal Proceedings Where the United States Is Not a Party | § 2.403 Procedures when voluntary testimony is requested. | EPA | A request for testimony by an EPA employee under § 2.402(b) must be in writing and must state the nature of the requested testimony and the reasons why the testimony would be in the interests of EPA. Such requests are immediately sent to the General Counsel or his designee (or, in the case of employees in the Office of Inspector General, the Inspector General or his designee) with the recommendations of the employee's supervisors. The General Counsel or his designee, in consultation with the appropriate Assistant Administrator, Regional Administrator, or Staff Office Director (or, in the case of employees in the Office of Inspector General, the Inspector General or his designee), determines whether compliance with the request would clearly be in the interests of EPA and responds as soon as practicable. | ||||
| 40:40:1.0.1.1.2.3.1.4 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | C | Subpart C—Testimony by Employees and Production of Documents in Civil Legal Proceedings Where the United States Is Not a Party | § 2.404 Procedures when an employee is subpoenaed. | EPA | (a) Copies of subpoenas must immediately be sent to the General Counsel or his designee with the recommendations of the employee's supervisors. The General Counsel or his designee, in consultation with the appropriate Assistant Administrator, Regional Administrator or Staff Office Director, determines whether compliance with the subpoena would clearly be in the interests of EPA and responds as soon as practicable. (b) If the General Counsel or his designee denies approval to comply with the subpoena, or if he has not acted by the return date, the employee must appear at the stated time and place (unless advised by the General Counsel or his designee that the subpoena was not validly issued or served or that the subpoena has been withdrawn), produce a copy of these regulations and respectfully refuse to provide any testimony or produce any documents. United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). (c) Where employees in the Office of Inspector General are subpoenaed, the Inspector General or his designee makes the determination under paragraphs (a) and (b) of this section in consultation with the General Counsel. (d) The General Counsel will request the assistance of the Department of Justice or a U.S. Attorney where necessary to represent the interests of the Agency and the employee. | ||||
| 40:40:1.0.1.1.2.3.1.5 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | C | Subpart C—Testimony by Employees and Production of Documents in Civil Legal Proceedings Where the United States Is Not a Party | § 2.405 Subpoenas | EPA | Subpoenas duces tecum for documents or other materials are treated the same as subpoenas for testimony. Unless the General Counsel or his designee, in consultation with the appropriate Assistant Administrator, Regional Administrator or Staff Office Director (or, as to employees in the Office of Inspector General, the Inspector General) determines that compliance with the subpoena is clearly in the interests of EPA, the employee must appear at the stated time and place (unless advised by the General Counsel or his designee that the subpoena was not validly issued or served or that the subpoena has been withdrawn) and respectfully refuse to produce the subpoenaed materials. However, where a subpoena duces tecum is essentially a written request for documents, the requested documents will be provided or denied in accordance with subparts A and B of this part where approval to respond to the subpoena has not been granted. | ||||
| 40:40:1.0.1.1.2.3.1.6 | 40 | Protection of Environment | I | A | 2 | PART 2—PUBLIC INFORMATION | C | Subpart C—Testimony by Employees and Production of Documents in Civil Legal Proceedings Where the United States Is Not a Party | § 2.406 Requests for authenticated copies of EPA documents. | EPA | Requests for authenticated copies of EPA documents for purposes of admissibility under 28 U.S.C. 1733 and Rule 44 of the Federal Rules of Civil Procedure will be granted for documents which would otherwise be released pursuant to subpart A. For purposes of Rule 44 the person having legal custody of the record is the cognizant Assistant Administrator, Regional Administrator, Staff Office Director or Office Director or his designee. The advice of the Office of General Counsel should be obtained concerning the proper form of authentication. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
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);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);