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EPA Part 2 Section 209

TITLE 40--PROTECTION OF ENVIRONMENT
 
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 2--PUBLIC INFORMATION--Table of Contents
 
Subpart B--Confidentiality of Business Information


Sec. 2.209  Disclosure in special circumstances.

    (a) General. Information which, under this subpart, is not available 
to the public may nonetheless be disclosed to the persons, and in the 
circumstances, described by paragraphs (b) through (g) of this section. 
(This section shall not be construed to restrict the disclosure of 
information which has been determined to be available to the public. 
However, business information for which a claim of confidentiality has 
been asserted shall be treated as being entitled to confidential 
treatment until there has been a determination in accordance with the 
procedures of this subpart that the information is not entitled to 
confidential treatment.)
    (b) Disclosure to Congress or the Comptroller General. (1) Upon 
receipt of a written request by the Speaker of the House, President of 
the Senate, chairman of a committee or subcommittee, or the Comptroller 
General, as appropriate, EPA will disclose business information to 
either House of Congress, to a committee or subcommittee of Congress, or 
to the Comptroller General, unless a statute forbids such disclosure.
    (2) If the request is for business information claimed as 
confidential or determined to be confidential, the EPA office processing 
the request shall provide notice to each affected business of the type 
of information disclosed and to whom it is disclosed. Notice shall be 
given at least ten days prior to disclosure, except where it is not 
possible to provide notice ten days in advance of any date established 
by the requesting body for responding to the request. Where ten days 
advance notice cannot be given, as much advance notice as
possible shall be provided. Where notice cannot be given before the date 
established by the requesting body for responding to the request, notice 
shall be given as promptly after disclosure as possible. Such notice may 
be given by notice published in the Federal Register or by letter sent 
by certified mail, return receipt requested, or telegram. However, if 
the requesting body asks in writing that no notice under this subsection 
be given, EPA will give no notice.
    (3) At the time EPA discloses the business information, EPA will 
inform the requesting body of any unresolved business confidentiality 
claim known to cover the information and of any determination under this 
subpart that the information is entitled to confidential treatment.
    (c) Disclosure to other Federal agencies. EPA may disclose business 
information to another Federal agency if--
    (1) EPA receives a written request for disclosures of the 
information from a duly authorized officer or employee of the other 
agency or on the initiative of EPA when such disclosure is necessary to 
enable the other agency to carry out a function on behalf of EPA;
    (2) The request, if any, sets forth the official purpose for which 
the information is needed;
    (3) When the information has been claimed as confidential or has 
been determined to be confidential, the responsible EPA office provides 
notice to each affected business of the type of information to be 
disclosed and to whom it is to be disclosed. At the discretion of the 
office, such notice may be given by notice published in the Federal 
Register at least 10 days prior to disclosure, or by letter sent by 
certified mail return receipt requested or telegram either of which must 
be received by the affected business at least 10 days prior to 
disclosure. However, no notice shall be required when EPA furnishes 
business information to another Federal agency to perform a function on 
behalf of EPA, including but not limited to--
    (i) Disclosure to the Department of Justice for purposes of 
investigation or prosecution of civil or criminal violations of Federal 
law related to EPA activities;
    (ii) Disclosure to the Department of Justice for purposes of 
representing EPA in any matter; or
    (iii) Disclosure to any Federal agency for purposes of performing an 
EPA statutory function under an interagency agreement.
    (4) EPA notifies the other agency of any unresolved business 
confidentiality claim covering the information and of any determination 
under this subpart that the information is entitled to confidential 
treatment, and that further disclosure of the information may be a 
violation of 18 U.S.C. 1905; and
    (5) The other agency agrees in writing not to disclose further any 
information designated as confidential unless--
    (i) The other agency has statutory authority both to compel 
production of the information and to make the proposed disclosure, and 
the other agency has, prior to disclosure of the information to anyone 
other than its officers and employees, furnished to each affected 
business at least the same notice to which the affected business would 
be entitled under this subpart;
    (ii) The other agency has obtained the consent of each affected 
business to the proposed disclosure; or
    (iii) The other agency has obtained a written statement from the EPA 
General Counsel or an EPA Regional Counsel that disclosure of the 
information would be proper under this subpart.
    (d) Court-ordered disclosure. EPA may disclose any business 
information in any manner and to the extent ordered by a Federal court. 
Where possible, and when not in violation of a specific directive from 
the court, the EPA office disclosing information claimed as confidential 
or determined to be confidential shall provide as much advance notice as 
possible to each affected business of the type of information to be 
disclosed and to whom it is to be disclosed, unless the affected 
business has actual notice of the court order. At the discretion of the 
office, subject to any restrictions by the court, such notice may be 
given by notice in the Federal Register, letter sent by certified mail 
return receipt requested, or telegram.
    (e) Disclosure within EPA. An EPA office, officer, or employee may 
disclose any business information to another EPA office, officer, or
employee with an official need for the information.
    (f) Disclosure with consent of business. EPA may disclose any 
business information to any person if EPA has obtained the prior consent 
of each affected business to such disclosure.
    (g) Record of disclosures to be maintained. Each EPA office which 
discloses information to Congress, a committee or subcommittee of 
Congress, the Comptroller General, or another Federal agency under the 
authority of paragraph (b) or (c) of this section, shall maintain a 
record of the fact of such disclosure for a period of not less than 36 
months after such disclosure. Such a record, which may be in the form of 
a log, shall show the name of the affected businesses, the date of 
disclosure, the person or body to whom disclosure was made, and a 
description of the information disclosed.
[41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40000, Sept. 8, 1978; 
50 FR 51661, Dec. 18, 1985]

 


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