[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR350.23]

[Page 406-407]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
                     Subpart A--Trade Secrecy Claims
 
Sec. 350.23  Disclosure to authorized representatives.

    (a) Under section 322(f) of the Act, EPA possesses the authority to 
disclose to any authorized representative of the United States any 
information to which this section applies, notwithstanding the fact that 
the information might otherwise be entitled to trade secret or 
confidential treatment under this part. Such authority may be exercised 
only in accordance with paragraph (b) of this section.
    (b)(1) A person under contract or subcontract to EPA or a grantee 
who performs work for EPA in connection with Title III or regulations 
which implement Title III may be considered an authorized representative 
of the United States for purposes of this Sec. 350.23. Subject to the 
limitations in this Sec. 350.23(b), information to which this section 
applies may be disclosed to such a person if the EPA program office 
managing the contract, subcontract, or grant first determines in

[[Page 407]]

writing that such disclosure is necessary in order that the contractor, 
subcontractor or grantee may carry out the work required by the 
contract, subcontract or grant.
    (2) No information shall be disclosed under this Sec. 350.23(b) 
unless this contract, subcontract, or grant in question provides:
    (i) That the contractor, subcontractor or the grantee and the 
contractor's, subcontractor's, or grantee's employees shall use the 
information only for the purpose of carrying out the work required by 
the contract, subcontract, or grant, and shall refrain from disclosing 
the information to anyone other than EPA without the prior written 
approval of each affected submitter or of an EPA legal office, and shall 
return to EPA all copies of the information (and any abstracts or 
extracts therefrom) upon request by the EPA program office, whenever the 
information is no longer required by the contractor, subcontractor or 
grantee for the performance of the work required under the contract, 
subcontract or grant, or upon completion of the contract, subcontract or 
grant;
    (ii) That the contractor, subcontractor or grantee shall obtain a 
written agreement to honor such terms of the contract or subcontract 
from each of the contractor's, subcontractor's or grantee's employees 
who will have access to the information, before such employee is allowed 
such access; and
    (iii) That the contractor, subcontractor or grantee acknowledges and 
agrees that the contract, subcontract or grant provisions concerning the 
use and disclosure of confidential business information are included for 
the benefit of, and shall be enforceable by, both EPA and any covered 
facility having an interest in information concerning it supplied to the 
contractor, subcontractor or grantee by EPA under the contract or 
subcontract or grant.
    (3) No information shall be disclosed under this Sec. 350.23(b) 
until each affected submitter has been furnished notice of the 
contemplated disclosure by the EPA program office and has been afforded 
a period found reasonable by that office (not less than 5 working days) 
to submit its comments. Such notice shall include a description of the 
information to be disclosed, the identity of the contractor, 
subcontractor or grantee, the contract, subcontract or grant number, if 
any, and the purposes to be served by the disclosure. This notice may be 
published in the Federal Register or may be sent to individual 
submitters.
    (4) The EPA program office shall prepare a record of disclosures 
under this Sec. 350.23(b). The EPA program office shall maintain the 
record of disclosure and the determination of necessity prepared under 
paragraph (b)(1) of this section for a period of not less than 36 months 
after the date of the disclosure.