[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR2.100]
[Page 23-25]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 2_PUBLIC INFORMATION--Table of Contents
Subpart A_Procedures for Disclosure of Records Under the Freedom of
Information Act
Sec. 2.100 General provisions.
Subpart A_Procedures for Disclosure of Records Under the Freedom of
Information Act
Sec.
2.100 General provisions.
2.101 Where requests for records are to be filed.
2.102 Procedures for making requests.
2.103 Responsibility for responding to requests.
2.104 Responses to requests and appeals.
2.105 Exemption categories.
2.106 Preservation of records.
2.107 Fees.
2.108 Other rights and services.
Subpart B_Confidentiality of Business Information
2.201 Definitions.
2.202 Applicability of subpart; priority where provisions conflict;
records containing more than one kind of information.
2.203 Notice to be included in EPA requests, demands, and forms; method
of asserting business confidentiality claim; effect of failure
to assert claim at time of submission.
2.204 Initial action by EPA office.
2.205 Final confidentiality determination by EPA legal office.
2.206 Advance confidentiality determinations.
2.207 Class determinations.
2.208 Substantive criteria for use in confidentiality determinations.
2.209 Disclosure in special circumstances.
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2.210 Nondisclosure for reasons other than business confidentiality or
where disclosure is prohibited by other statute.
2.211 Safeguarding of business information; penalty for wrongful
disclosure.
2.212 Establishment of control offices for categories of business
information.
2.213 Designation by business of addressee for notices and inquiries.
2.214 Defense of Freedom of Information Act suits; participation by
affected business.
2.215 Confidentiality agreements.
2.216-2.300 [Reserved]
2.301 Special rules governing certain information obtained under the
Clean Air Act.
2.302 Special rules governing certain information obtained under the
Clean Water Act.
2.303 Special rules governing certain information obtained under the
Noise Control Act of 1972.
2.304 Special rules governing certain information obtained under the
Safe Drinking Water Act.
2.305 Special rules governing certain information obtained under the
Solid Waste Disposal Act, as amended.
2.306 Special rules governing certain information obtained under the
Toxic Substances Control Act.
2.307 Special rules governing certain information obtained under the
Federal Insecticide, Fungicide and Rodenticide Act.
2.308 Special rules governing certain information obtained under the
Federal Food, Drug and Cosmetic Act.
2.309 Special rules governing certain information obtained under the
Marine Protection, Research and Sanctuaries Act of 1972.
2.310 Special rules governing certain information obtained under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended.
2.311 Special rules governing certain information obtained under the
Motor Vehicle Information and Cost Savings Act.
Subpart C_Testimony by Employees and Production of Documents in Civil
Legal Proceedings Where the United States Is Not a Party
2.401 Scope and purpose.
2.402 Policy on presentation of testimony and production of documents.
2.403 Procedures when voluntary testimony is requested.
2.404 Procedures when an employee is subpoenaed.
2.405 Subpoenas duces tecum.
2.406 Requests for authenticated copies of EPA documents.
Authority: 5 U.S.C. 301, 552 (as amended), 553; secs. 114, 205, 208,
301, and 307, Clean Air Act, as amended (42 U.S.C. 7414, 7525, 7542,
7601, 7607); secs. 308, 501 and 509(a), Clean Water Act, as amended (33
U.S.C. 1318, 1361, 1369(a)); Sec. 13, Noise Control Act of 1972 (42
U.S.C. 4912); secs. 1445 and 1450, Safe Drinking Water Act (42 U.S.C.
300j-4, 300j-9); secs. 2002, 3007, and 9005, Solid Waste Disposal Act,
as amended (42 U.S.C. 6912, 6927, 6995); secs. 8(c), 11, and 14, Toxic
Substances Control Act (15 U.S.C. 2607(c), 2610, 2613); secs. 10, 12,
and 25, Federal Insecticide, Fungicide, and Rodenticide Act, as amended
(7 U.S.C. 136h, 136j, 136w); Sec. 408(f), Federal Food, Drug and
Cosmetic Act, as amended (21 U.S.C. 346(f)); secs. 104(f) and 108,
Marine Protection Research and Sanctuaries Act of 1972 (33 U.S.C.
1414(f), 1418); secs. 104 and 115, Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9604 and
9615); Sec. 505, Motor Vehicle Information and Cost Savings Act, as
amended (15 U.S.C. 2005).
Source: 41 FR 36902, Sept. 1, 1976, unless otherwise noted.
Source: 67 FR 67307, Nov. 5, 2002, unless otherwise noted.
(a) This subpart contains the rules that the Environmental
Protection Agency (EPA or Agency) follows in processing requests for
records under the Freedom of Information Act (FOIA), 5 U.S.C. 552. The
Agency also has rules that it follows in processing Freedom of
Information (FOI) requests for records submitted to it as Confidential
Business Information (CBI). Such records are covered in subpart B of
this part. Requests made by individuals for records about themselves
under the Privacy Act of 1974 which are processed under 40 CFR part 16,
will also be treated as FOIA requests under this subpart. This ensures
that the requestor has access to all responsive records. Information
routinely provided to the public as part of a regular EPA activity may
be provided to the public without following this subpart.
(b) When documents responsive to a request are maintained for
distribution by agencies operating statutory-based fee schedule
programs, such as, but not
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limited to, the Government Printing Office or the National Technical
Information Service, EPA will inform the requester of the steps
necessary to obtain records from these sources.
