[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR68.152]

[Page 185-186]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 68 - CHEMICAL ACCIDENT PREVENTION PROVISIONS--Table of Contents
 
                  Subpart G - Risk Management Plan
 
Sec. 68.152  Substantiating claims of confidential business information.

    (a) An owner or operator claiming that information is confidential 
business information must substantiate that claim by providing 
documentation

[[Page 186]]

that demonstrates that the claim meets the substantive criteria set 
forth in 40 CFR 2.301.
    (b) Information that is submitted as part of the substantiation may 
be claimed confidential by marking it as confidential business 
information. Information not so marked will be treated as public and may 
be disclosed without notice to the submitter. If information that is 
submitted as part of the substantiation is claimed confidential, the 
owner or operator must provide a sanitized and unsanitized version of 
the substantiation.
    (c) The owner, operator, or senior official with management 
responsibility of the stationary source shall sign a certification that 
the signer has personally examined the information submitted and that 
based on inquiry of the persons who compiled the information, the 
information is true, accurate, and complete, and that those portions of 
the substantiation claimed as confidential business information would, 
if disclosed, reveal trade secrets or other confidential business 
information.

[64 FR 980, Jan. 6, 1999]