[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: 40CFR720.80]

[Page 130-131]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 720--PREMANUFACTURE NOTIFICATION--Table of Contents
 
       Subpart E--Confidentiality and Public Access to Information
 
Sec. 720.80  General provisions.


    (a) A person may assert a claim of confidentiality for any 
information which he or she submits to EPA under this part.

[[Page 131]]

    (b) Any claim of confidentiality must accompany the information when 
it is submitted to EPA.
    (1)(i) For information submitted on the notice form, the claim(s) 
must be asserted on the form in the manner prescribed on the notice 
form.
    (ii) When a person submits information in an attachment, the 
claim(s) must be asserted in the attachment as described on the notice 
form.
    (2) If any information is claimed as confidential, the person must 
submit, in addition to the copies specified by Sec. 720.40, a sanitized 
copy of the notice form (or electronic submission) and any attachments.
    (i) The original and two copies of the notice, specified at 
Sec. 720.40 (or electronic submission) and attachments must be complete. 
The submitter must designate that information which is claimed as 
confidential in the manner prescribed on the notice form (or in EPA's 
electronic submission instructions).
    (ii) The sanitized copy must be complete except that all information 
claimed as confidential in the original must be deleted. EPA will place 
this sanitized copy in the public file.
    (iii) If the person does not provide the sanitized copy, or 
information in a health and safety study (except information claimed as 
confidential in accordance with Sec. 720.90), the submission will be 
deemed incomplete and the notice review period will not begin until EPA 
receives the sanitized copy or the health and safety study information 
is included, in accordance with Sec. 720.65(c)(1)(vii).
    (c) EPA will disclose information that is subject to a claim of 
confidentiality asserted under this section only to the extent permitted 
by the Act, this subpart, and part 2 of this title.
    (d) If a notice submitter does not assert a claim of confidentiality 
for information at the time it is submitted to EPA, EPA may make the 
information public and place it in the public file without further 
notice to the submitter.

[48 FR 21742, May 13, 1983, as amended at 58 FR 34204, June 23, 1993; 60 
FR 16311, Mar. 29, 1995]