Jump to main content.


EPA Part 2 Section 302

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

Sec. 2.302  Special rules governing certain information obtained under
the Clean Water Act.

    (a) Definitions. For the purposes of this section:
    (1) Act means the Clean Water Act, as amended, 33 U.S.C. 1251 et 
seq.
    (2)(i) Effluent data means, with reference to any source of 
discharge of any pollutant (as that term is defined in section 502(6) of 
the Act, 33 U.S.C. 1362 (6))--
    (A) Information necessary to determine the identity, amount, 
frequency, concentration, temperature, or other characteristics (to the 
extent related to water quality) of any pollutant which has been 
discharged by the source (or of any pollutant resulting from any 
discharge from the source), or any combination of the foregoing;
    (B) Information necessary to determine the identity, amount, 
frequency, concentration, temperature, or other characteristics (to the 
extent related to water quality) of the pollutants which, under an 
applicable standard or limitation, the source was authorized to 
discharge (including, to the extent necessary for such purpose, a 
description of the manner or rate of operation of the source); and
    (C) A general description of the location and/or nature of the 
source to the extent necessary to identify the source and to distinguish 
it from other sources (including, to the extent necessary for such 
purposes, a description of the device, installation, or operation 
constituting the source).
    (ii) Notwithstanding paragraph (a)(2)(i) of this section, the 
following information shall be considered to be effluent data only to 
the extent necessary to allow EPA to disclose publicly that a source is 
(or is not) in compliance with an applicable standard or limitation, or 
to allow EPA to demonstrate the feasibility, practicability, or 
attainability (or lack thereof) of an existing or proposed standard or 
limitation:
    (A) Information concerning research, or the results of research, on 
any product, method, device, or installation (or any component thereof) 
which was produced, developed, installed, and used only for research 
purposes; and
     (B) Information concerning any product, method, device, or 
installation (or any component thereof) designed and intended to be 
marketed or used commercially but not yet so marketed or used.
    (3) Standard or limitation means any prohibition, any effluent 
limitation, or any toxic, pre-treatment or new source performance 
standard established or publicly proposed pursuant to the Act or 
pursuant to regulations under the Act, including limitations or 
prohibitions in a permit issued or proposed by EPA or by a State under 
section 402 of the Act, 33 U.S.C. 1342.
    (4) Proceeding means any rulemaking, adjudication, or licensing 
conducted by EPA under the Act or under regulations which implement the 
Act, except for determinations under this part.
    (b) Applicability. (1) This section applies only to business 
information--
    (i) Provided to or obtained by EPA under section 308 of the Act, 33 
U.S.C. 1318, by or from the owner or operator of any point source, for 
the purpose of carrying out the objective of the Act (including but not 
limited to developing or assisting in the development of any standard or 
limitation under the Act, or determining whether any person is in 
violation of any such standard or limitation); or
    (ii) Provided to or obtained by EPA under section 509(a) of the Act, 
33 U.S.C. 1369(a).
    (2) Information will be considered to have been provided or obtained 
under section 308 of the Act if it was provided in response to a request 
by EPA made for any of the purposes stated in section 308, or if its 
submission could have been required under section 308, regardless of 
whether section 308 was cited as the authority for any request for the 
information, whether an order to provide the information was issued 
under section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), whether a 
civil action was brought under section 309(b) of the Act, 33 U.S.C. 
1319(b), and whether the information was provided directly to EPA or 
through some third person.
    (3) Information will be considered to have been provided or obtained 
under section 509(a) of the Act if it was provided in response to a 
subpoena issued under section 509(a), or if its production could have 
been required by subpoena under section 509(a), regardless of whether 
section 509(a) was cited as the authority for any request for the 
information, whether a subpoena was issued by EPA, whether a court 
issued an order under section 307(a), or whether the information was 
provided directly to EPA or through some third person.
    (4) This section specifically does not apply to information obtained 
under section 310(d) or 312(g)(3) of the Act, 33 U.S.C. 1320(d), 
1322(g)(3).
    (c) Basic rules which apply without change. Sections 2.201 through 
2.207, 2.209, 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. 
Section 2.208 applies to information to which this section applies, 
except that information which is effluent data or a standard or 
limitation is not eligible for confidential treatment. No information to 
which this section applies is voluntarily submitted information.
    (f) Availability of information not entitled to confidential 
treatment. Section 2.210 does not apply to information to which this 
section applies. Effluent data, standards or limitations, and any other 
information provided or obtained under section 308 of the Act which is 
determined under this subpart not to be entitled to confidential 
treatment, shall be available to the public notwithstanding any other 
provision of this part. Effluent data and standards or limitations 
provided in response to a subpoena issued under section 509(a) of the 
Act shall be available to the public notwithstanding any other provision 
of this part. Information (other than effluent data and standards or 
limitations) provided in response to a subpoena issued under section 
509(a) of the Act, which is determined under this subpart not to be 
entitled to confidential treatment, shall be available to the public, 
unless EPA determines that the information is exempt from mandatory 
disclosure under 5 U.S.C. 552(b) for reasons other than reasons of 
business confidentiality and cannot or should not be made available to 
the public.
     (g) Disclosure of information relevant to a proceeding. (1) Under 
sections 308 and 509(a) 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), and (4) are 
incorporated by reference as paragraphs (g) (2), (3), and (4), 
respectively of this section.
    (h) Disclosure to authorized representatives. (1) Under sections 308 
and 509(a) 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 
might otherwise 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 paragraphs (h) (2) and (3), respectively, of this 
section.
[41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40003, Sept. 8, 1978]

 


Local Navigation


Jump to main content.