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EPA Part 2 Section 203

Subpart B--Confidentiality of Business Information

Sec. 2.203  Notice to be included in EPA requests, demands, and forms;
method of asserting business confidentiality claim; effect of failure
to assert claim at time of submission.

    (a) Notice to be included in certain requests and demands for 
information, and in certain forms. Whenever an EPA office makes a 
written request or demand that a business furnish information which, in 
the office's opinion, is likely to be regarded by the business as 
entitled to confidential treatment under this subpart, or whenever an 
EPA office prescribes a form for use by businesses in furnishing such 
information, the request, demand, or form shall include or enclose a 
notice which--
    (1) States that the business may, if it desires, assert a business 
confidentiality claim covering part or all of the information, in the 
manner described by paragraph (b) of this section, and that information 
covered by such a claim will be disclosed by EPA only to the extent, and 
by means of the procedures, set forth in this subpart;
    (2) States that if no such claim accompanies the information when it 
is received by EPA, it may be made available to the public by EPA 
without further notice to the business; and
    (3) Furnishes a citation of the location of this subpart in the Code 
of Federal Regulations and the Federal Register.
    (b) Method and time of asserting business confidentiality claim. A 
business which is submitting information to EPA may assert a business 
confidentiality claim covering the information by placing on (or 
attaching to) the information, at the time it is submitted to EPA, a 
cover sheet, stamped or typed legend, or other suitable form of notice 
employing language such as trade secret, proprietary, or company 
confidential. Allegedly confidential portions of otherwise non-
confidential documents should be clearly identified by the business, and 
may be submitted separately to facilitate identification and handling by 
EPA. If the business desires confidential treatment only until a certain 
date or until the occurrence of a certain event, the notice should so 
    (c) Effect of failure to assert claim at time of submission of 
information. If information was submitted by a business to EPA on or 
after October 1, 1976, in response to an EPA request or demand (or on an 
EPA-prescribed form) which contained the substance of the notice 
required by paragraph (a) of this section, and if no business 
confidentiality claim accompanied the information when it was received 
by EPA, the inquiry to the business normally required by 
Sec. 2.204(c)(2) need not be made. If a claim covering the information 
is received after the information itself is received, EPA will make such 
efforts as are administratively practicable to associate the late claim 
with copies of the previously-submitted information in EPA files (see 
Sec. 2.204(c)(1)). However, EPA cannot assure that such efforts will be 
effective, in light of the possibility of prior disclosure or widespread 
prior dissemination of the information.


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