[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR271.17]

[Page 359]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS--Table of Contents
 
             Subpart A--Requirements for Final Authorization
 
Sec. 271.17  Sharing of information.

    (a) Any information obtained or used in the administration of a 
State program shall be available to EPA upon request without 
restriction. If the information has been submitted to the State under a 
claim of confidentiality, the State must submit that claim to EPA when 
providing information under this subpart. Any information obtained from 
a State and subject to a claim of confidentiality will be treated in 
accordance with the regulations in 40 CFR part 2. If EPA obtains from a 
State information that is not claimed to be confidential, EPA may make 
that information available to the public without further notice.
    (b) EPA shall furnish to States with approved programs the 
information in its files not submitted under a claim of confidentiality 
which the State needs to implement its approved program. EPA shall 
furnish to States with approved programs information submitted to EPA 
under a claim of confidentiality, which the State needs to implement its 
approved program, subject to the conditions in 40 CFR part 2.
    (c)(1) The State program must provide for the public availability of 
information obtained by the State regarding facilities and sites for the 
treatment, storage, and disposal of hazardous waste. Such information 
must be made available to the public in substantially the same manner, 
and to the same degree, as would be the case if the Administrator was 
carrying out the provisions of Subtitle C of RCRA in the State.
    (2) A State must revise its program to comply with this section in 
accordance with Sec. 271.21(e)(2)(ii). Interim authorization under 
Sec. 271.24 is not available to demonstrate compliance with this 
section.

[48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28754, July 15, 1985; 51 
FR 33722, Sept. 22, 1986]