[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR2.210]

[Page 47]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 2_PUBLIC INFORMATION--Table of Contents
 
            Subpart B_Confidentiality of Business Information
 
Sec. 2.210  Nondisclosure for reasons other than business confidentiality 
or where disclosure is prohibited by other statute.

    (a) Information which is not entitled to confidential treatment 
under this subpart shall be made available to the public (using the 
procedures set forth in Sec. Sec. 2.204 and 2.205) if its release is 
requested under 5 U.S.C. 552, unless EPA determines (under subpart A of 
this part) that, for reasons other than reasons of business 
confidentiality, the information is exempt from mandatory disclosure and 
cannot or should not be made available to the public. Any such 
determination under subpart A shall be coordinated with actions taken 
under this subpart for the purpose of avoiding delay in responding to 
requests under 5 U.S.C. 552.
    (b) Notwithstanding any other provision of this subpart, if any 
statute not cited in this subpart appears to require EPA to give 
confidential treatment to any business information for reasons of 
business confidentiality, the matter shall be referred promptly to an 
EPA legal office for resolution. Pending resolution, such information 
shall be treated as if it were entitled to confidential treatment.