[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: 40CFR2.210]
[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.