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EPA Part 2 Section 305

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

 
Sec. 2.305  Special rules governing certain information obtained under the Solid Waste Disposal Act, as amended.

    (a) Definitions. For purposes of this section:
    (1) Act means the Solid Waste Disposal Act, as amended, including 
amendments made by the Resource Conservation and Recovery Act of 1976, 
as amended, 42 U.S.C. 6901 et seq.
    (2) Person has the meaning given it in section 1004(15) of the Act, 
42 U.S.C. 6903(15).
    (3) Hazardous waste has the meaning given it in section 1004(5) of 
the Act, 42 U.S.C. 6903(5).
    (4) Proceeding means any rulemaking, adjudication, or licensing 
conducted by EPA under the Act or under regulations which implement the 
Act including the issuance of administrative orders and the approval or 
disapproval of plans (e.g. closure plans) submitted by persons subject 
to regulation under the Act, but not including determinations under this 
subpart.
    (b) Applicability. This section applies to information provided to 
or obtained by EPA under section 3001(b)(3)(B), 3007, or 9005 of the 
Act, 42 U.S.C 6921(b)(3)(B), 6927, or 6995. Information will be 
considered to have been provided or obtained under sections 
3001(b)(3)(B), 3007, or 9005 of the Act if it was provided in response 
to a request from EDA made for any of the purposes stated in the Act or 
if its submission could have been required under those provisions of the 
Act regardless of whether a specific section was cited as the authority 
for any request for the information or whether the information was 
provide directly to EPA or through some third person.
    (c) Basic rules which apply without change. Sections 2.201 through 
2.207 and 2.209 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 without change to information to which this 
section applies; however, no information to which this section applies 
is voluntarily submitted information.
    (f) [Reserved]
    (g) Disclosure of information relevant in a proceeding. (1) Under 
sections 3007(b) and 9005(b) of the Act (42 U.S.C. 6927(b) and 6995(b)), 
any information to which this section applies may be disclosed by EPA 
because of the relevance of the information in a proceeding under the 
Act, notwithstanding the fact that the information otherwise might be 
entitled to confidential treatment under this subpart. Disclosure of 
information to which this section applies because of its relevance in 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 
3001(b)(3)(B), 3007(b), and 9005(b) of the Act (42 U.S.C. 6921(b)(3)(B), 
6927(b), and 6995(b)), 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.
    (4) At the time any information is furnished to a contractor, 
subcontractor, or State or local government agency under this paragraph 
(h), the EPA office furnishing the information to the contractor, 
subcontractor, or State or local government agency shall notify the 
contractor, subcontractor, or State or local government agency that the 
information may be entitled to confidential treatment and that any 
knowing and willful disclosure of the information may subject the 
contractor, subcontractor, or State or local government agency and its 
employees to penalties in section 3001(b)(3)(B), 3007(b)(2), or 9005(b)(1) of the Act (42 U.S.C. 6921(b)(3)(B), 6927(b), 
or 6995(b)).
[43 FR 40003, Sept. 8, 1978, as amended at 50 FR 51662, Dec. 18, 1985]

 


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