[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR704.7]

[Page 13-14]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 704--REPORTING AND RECORDKEEPING REQUIREMENTS--Table of Contents
 
 Subpart A--General Reporting and Recordkeeping Provisions for Section 
                    8(a) Information-Gathering Rules
 
Sec. 704.7  Confidential business information claims.

    (a) Any person submitting a notice under this rule may assert a 
business confidentiality claim covering all or any part of the notice. 
Any information covered by a claim will be disclosed by EPA only to the 
extent and by means of the procedures set forth in part 2 of this title.
    (b) If no claim accompanies the notice at the time it is submitted 
to EPA, the notice will be placed in an open file available to the 
public without further notice to the respondent.
    (c) To assert a claim of confidentiality for data contained in a 
notice, the respondent must submit two copies of the notice.
    (1) One copy of the notice must be complete. In that copy the 
respondent must indicate what data, if any, are claimed as confidential 
by marking the specific information on each page with a label such as 
``confidential'', ``proprietary'', or ``trade secret''.
    (2) If some data in the notice are claimed as confidential, the 
respondent must submit a second copy. The second copy must be complete 
except that all information claimed as confidential in the first copy 
must be deleted.
    (3) The first copy of the notice will be for internal use by EPA. 
The second copy will be placed in an open file to be available to the 
public.
    (4) Failure to furnish a second copy of the notice when information 
is claimed as confidential in the first copy will be considered a 
presumptive waiver of the claim of confidentiality. EPA will notify the 
respondent by certified mail that a finding of a presumptive waiver of 
the claim of confidentiality has been made. The respondent has 15 days 
from the date of receipt of notification to submit the required second 
copy. Failure to submit the second copy will cause EPA to place the 
first copy in the public file.
    (d) In submitting a claim of confidentiality, a person attests to 
the truth of the following four statements concerning all information 
which is claimed confidential:
    (1) My company has taken measures to protect the confidentiality of 
the information, and it intends to continue to take such measures.
    (2) The information is not, and has not been, reasonably obtainable 
without our consent by other persons (other than government bodies) by 
use of legitimate means (other than discovery based on a showing of 
special need in a judicial or quasi-judicial proceeding).

[[Page 14]]

    (3) The information is not publicly available elsewhere.
    (4) Disclosure of the information would cause substantial harm to 
our competitive position.

[48 FR 23420, May 25, 1983, as amended at 53 FR 51717, Dec. 22, 1988]