EPA Part 2 Section 214
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 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
(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
(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]