[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: 40CFR2.208]

[Page 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. 2.208  Substantive criteria for use in confidentiality 
determinations.

    Determinations issued under Sec. Sec. 2.204 through 2.207 shall 
hold that business information is entitled to confidential treatment for 
the benefit of a particular business if--
    (a) The business has asserted a business confidentiality claim which 
has not expired by its terms, nor been waived nor withdrawn;
    (b) The business has satisfactorily shown that it has taken 
reasonable measures to protect the confidentiality of the information, 
and that it intends to continue to take such measures;
    (c) The information is not, and has not been, reasonably obtainable 
without the business's consent by other persons (other than governmental 
bodies) by use of legitimate means (other than discovery based on a 
showing of special need in a judicial or quasi-judicial proceeding);
    (d) No statute specifically requires disclosure of the information; 
and
    (e) Either--
    (1) The business has satisfactorily shown that disclosure of the 
information is likely to cause substantial harm to the business's 
competitive position; or
    (2) The information is voluntarily submitted information (see Sec. 
2.201(i)), and its disclosure would be likely to impair the Government's 
ability to obtain necessary information in the future.