[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: 40CFR2.304]

[Page 56-58]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 2_PUBLIC INFORMATION--Table of Contents
 
            Subpart B_Confidentiality of Business Information
 
Sec. 2.304  Special rules governing certain information obtained under 
the Safe Drinking Water Act.

    (a) Definitions. For the purposes of this section:
    (1) Act means the Safe Drinking Water Act, 42 U.S.C. 300f et seq.

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    (2) Contaminant means any physical, chemical, biological, or 
radiological substance or matter in water.
    (3) Proceeding means any rulemaking, adjudication, or licensing 
process conducted by EPA under the Act or under regulations which 
implement the Act, except for any determination under this part.
    (b) Applicability. (1) This section applies only to information--
    (i) Which was provided to or obtained by EPA pursuant to a 
requirement of a regulation which was issued by EPA under the Act for 
the purpose of--
    (A) Assisting the Administrator in establishing regulations under 
the Act;
    (B) Determining whether the person providing the information has 
acted or is acting in compliance with the Act; or
    (C) Administering any program of financial assistance under the Act; 
and
    (ii) Which was provided by a person--
    (A) Who is a supplier of water, as defined in section 1401(5) of the 
Act, 42 U.S.C. 300f(5);
    (B) Who is or may be subject to a primary drinking water regulation 
under section 1412 of the Act, 42 U.S.C. 300g-1;
    (C) Who is or may be subject to an applicable underground injection 
control program, as defined in section 1422(d) of the Act, 42 
U.S.C.300h-1(d);
    (D) Who is or may be subject to the permit requirements of section 
1424(b) of the Act, 42 U.S.C. 300h-3(b);
    (E) Who is or may be subject to an order issued under section 
1441(c) of the Act, 42 U.S.C. 300j(c); or
    (F) Who is a grantee, as defined in section 1445(e) of the Act, 42 
U.S.C. 300j-4(e).
    (2) This section applies to any information which is described by 
paragraph (b)(1) of this section if it was provided in response to a 
request by EPA or its authorized representative (or by a State agency 
administering any program under the Act) made for any purpose stated in 
paragraph (b)(1) of this section, or if its submission could have been 
required under section 1445 of the Act, 42 U.S.C. 300j-4, regardless of 
whether such section was cited in any request for the information, or 
whether the information was provided directly to EPA or through some 
third person.
    (c) Basic rules which apply without change. Sec. ions 2.201 through 
2.207, 2.209, and 2.211 through 2.215 apply without change to 
information to which this section applies.
    (d) [Reserved]
    (e) Substantive criteria for use in confidentiality determinations. 
Sec. ion 2.208 applies to information to which this section applies, 
except that information which deals with the existence, absence, or 
level of contaminants in drinking water is not eligible for confidential 
treatment. No information to which this section applies is voluntarily 
submitted information.
    (f) Nondisclosure for reasons other than business confidentiality or 
where disclosure is prohibited by other statute. Sec. ion 2.210 applies 
to information to which this section applies, except that information 
which deals with the existence, absence, or level of contaminants in 
drinking water shall be available to the public notwithstanding any 
other provision of this part.
    (g) Disclosure of information relevant to a proceeding. (1) Under 
section 1445(d) of the Act, any information to which this section 
applies may be released by EPA because of the relevance of the 
information to a proceeding, notwithstanding the fact that the 
information otherwise might be entitled to confidential treatment under 
this subpart. Release of information to which this section applies 
because of its relevance to a proceeding shall be made only in 
accordance with this paragraph (g).
    (2)-(4) The provisions of Sec. 2.301(g) (2), (3), (4) are 
incorporated by reference as paragraphs (g) (2), (3), and (4), 
respectively, of this section.
    (h) Disclosure to authorized representatives. (1) Under section 
1445(d) of the Act, EPA possesses authority to disclose to any 
authorized representative of the United States any information to which 
this section applies, notwithstanding the fact that the information 
otherwise might be entitled to confidential treatment under this 
subpart. Such authority may be exercised only in accordance with 
paragraph (h)(2) or (h)(3) of this section.
    (2)-(3) The provisions of Sec. 2.301(h) (2) and (3) are 
incorporated by reference as

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paragraphs (h) (2) and (3), respectively, of this section.

[41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40003, Sept. 8, 1978]