[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR68.151]

[Page 184-185]
 
                   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.  68.151  Assertion of claims of confidential business information.

    (a) Except as provided in paragraph (b) of this section, an owner or 
operator of a stationary source required to report or otherwise provide 
information under this part may make a claim of confidential business 
information for any such information that meets the criteria set forth 
in 40 CFR 2.301.
    (b) Notwithstanding the provisions of 40 CFR part 2, an owner or 
operator of a stationary source subject to this part may not claim as 
confidential business information the following information:
    (1) Registration data required by Sec.  68.160(b)(1) through (b)(6) 
and (b)(8), (b)(10) through (b)(13) and NAICS code and Program level of 
the process set forth in Sec.  68.160(b)(7);
    (2) Offsite consequence analysis data required by Sec.  
68.165(b)(4), (b)(9), (b)(10), (b)(11), and (b)(12).
    (3) Accident history data required by Sec.  68.168;
    (4) Prevention program data required by Sec.  68.170(b), (d), 
(e)(1), (f) through (k);
    (5) Prevention program data required by Sec.  68.175(b), (d), 
(e)(1), (f) through (p); and
    (6) Emergency response program data required by Sec.  68.180.
    (c) Notwithstanding the procedures specified in 40 CFR part 2, an 
owner or operator asserting a claim of CBI with respect to information 
contained in its RMP, shall submit to EPA at the time it submits the RMP 
the following:
    (1) The information claimed confidential, provided in a format to be 
specified by EPA;

[[Page 185]]

    (2) A sanitized (redacted) copy of the RMP, with the notation 
``CBI'' substituted for the information claimed confidential, except 
that a generic category or class name shall be substituted for any 
chemical name or identity claimed confidential; and
    (3) The document or documents substantiating each claim of 
confidential business information, as described in Sec.  68.152.

[64 FR 979, Jan. 6, 1999]