[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: 40CFR2.207]

[Page 44-45]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 2_PUBLIC INFORMATION--Table of Contents
 
            Subpart B_Confidentiality of Business Information
 
Sec. 2.207  Class determinations.

    (a) The General Counsel may make and issue a class determination 
under this section if he finds that--
    (1) EPA possesses, or is obtaining, related items of business 
information;
    (2) One or more characteristics common to all such items of 
information will necessarily result in identical treatment for each such 
item under one or more of the provisions in this subpart, and that it is 
therefore proper to treat all such items as a class for one or more 
purposes under this subpart; and
    (3) A class determination would serve a useful purpose.
    (b) A class determination shall clearly identify the class of 
information to which it pertains.
    (c) A class determination may state that all of the information in 
the class--
    (1) Is, or is not, voluntarily submitted information under Sec. 
2.201(i);
    (2) Is, or is not, governed by a particular section of this subpart, 
or by a particular set of substantive criteria under this subpart;
    (3) Fails to satisfy one or more of the applicable substantive 
criteria, and is therefore ineligible for confidential treatment;

[[Page 45]]

    (4) Satisfies one or more of the applicable substantive criteria; or
    (5) Satisfies one or more of the applicable substantive criteria 
during a certain period, but will be ineligible for confidential 
treatment thereafter.
    (d) The purpose of a class determination is simply to make known the 
Agency's position regarding the manner in which information within the 
class will be treated under one or more of the provisions of this 
subpart. Accordingly, the notice of opportunity to submit comments 
referred to in Sec. 2.204(d)(1)(ii) and Sec. 2.205(b), and the list of 
materials required to be furnished to the EPA legal office under Sec. 
2.204(d)(1)(iii), may be modified to reflect the fact that the class 
determination has made unnecessary the submission of materials pertinent 
to one or more issues. Moreover, in appropriate cases, action based on 
the class determination may be taken under Sec. 2.204(b)(1), Sec. 
2.204(d), Sec. 2.205(d), or Sec. 2.206. However, the existence of a 
class determination shall not, of itself, affect any right a business 
may have to receive any notice under Sec. 2.204(d)(2) or Sec. 
2.205(f).