[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: 40CFR2.214]

[Page 48-49]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 2_PUBLIC INFORMATION--Table of Contents
 
            Subpart B_Confidentiality of Business Information
 
Sec. 2.214  Defense of Freedom of Information Act suits; participation 
by affected business.

    (a) In making final confidentiality determinations under this 
subpart, the

[[Page 49]]

EPA legal office relies to a large extent upon the information furnished 
by the affected business to substantiate its claim of confidentiality. 
The EPA legal office may be unable to verify the accuracy of much of the 
information submitted by the affected business.
    (b) If the EPA legal office makes a final confidentiality 
determination under this subpart that certain business information is 
entitled to confidential treatment, and EPA is sued by a requester under 
the Freedom of Information Act for disclosure of that information, EPA 
will:
    (1) Notify each affected business of the suit within 10 days after 
service of the complaint upon EPA;
    (2) Where necessary to preparation of EPA's defense, call upon each 
affected business to furnish assistance; and
    (3) Not oppose a motion by any affected business to intervene as a 
party to the suit under rule 24(b) of the Federal Rules of Civil 
Procedure.
    (c) EPA will defend its final confidentiality determination, but EPA 
expects the affected business to cooperate to the fullest extent 
possible in this defense.

[43 FR 40001, Sept. 8, 1978]