[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: 40CFR2.215]

[Page 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. 2.215  Confidentiality agreements.

    (a) No EPA officer, employee, contractor, or subcontractor shall 
enter into any agreement with any affected business to keep business 
information confidential unless such agreement is consistent with this 
subpart. No EPA officer, employee, contractor, or subcontractor shall 
promise any affected business that business information will be kept 
confidential unless the promise is consistent with this subpart.
    (b) If an EPA office has requested information from a State, local, 
or Federal agency and the agency refuses to furnish the information to 
EPA because the information is or may constitute confidential business 
information, the EPA office may enter into an agreement with the agency 
to keep the information confidential, notwithstanding the provisions of 
this subpart. However, no such agreement shall be made unless the 
General Counsel determines that the agreement is necessary and proper.
    (c) To determine that an agreement proposed under paragraph (b) of 
this section is necessary, the General Counsel must find:
    (1) The EPA office requesting the information needs the information 
to perform its functions;
    (2) The agency will not furnish the information to EPA without an 
agreement by EPA to keep the information confidential; and
    (3) Either:
    (i) EPA has no statutory power to compel submission of the 
information directly from the affected business, or
    (ii) While EPA has statutory power to compel submission of the 
information directly from the affected business, compelling submission 
of the information directly from the business would--
    (A) Require time in excess of that available to the EPA office to 
perform its necessary work with the information,
    (B) Duplicate information already collected by the other agency and 
overly burden the affected business, or
    (C) Overly burden the resources of EPA.
    (d) To determine that an agreement proposed under paragraph (b) of 
this section is proper, the General Counsel must find that the agreement 
states--
    (1) The purpose for which the information is required by EPA;
    (2) The conditions under which the agency will furnish the 
information to EPA;
    (3) The information subject to the agreement;
    (4) That the agreement does not cover information acquired by EPA 
from another source;
    (5) The manner in which EPA will treat the information; and
    (6) That EPA will treat the information in accordance with the 
agreement subject to an order of a Federal court to disclose the 
information.
    (e) EPA will treat any information acquired pursuant to an agreement 
under paragraph (b) of this section in accordance with the procedures of 
this subpart except where the agreement specifies otherwise.

[43 FR 40001, Sept. 8, 1978]

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