Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Except as provided in paragraph (b) of this section, an owner or operator of a stationary source required to report or otherwise provide information under this part may make a claim of confidential business information for any such information that meets the criteria set forth in 40 CFR 2.301.
(b) Notwithstanding the provisions of 40 CFR part 2, an owner or operator of a stationary source subject to this part may not claim as confidential business information the following information:
(1) Registration data required by § 68.160(b)(1) through (b)(13)(6), (8), (10) through (13), and (21), and NAICS code and Program level of the process set forth in § 68.160(b)(7);
(2) Offsite consequence analysis data required by § 68.165(b)(4), (b)(9), (b)(10), (b)(11), and (b)(12).
(3) Accident history data required by § 68.168;
(4) Prevention program data required by § 68.170(b), (d), (e)(1), (f) through (k);
(5) Prevention program data required by § 68.175(b), (d), (e)(1), (f) through (p); and
(6) Emergency response program data required by § 68.180.
(c) Notwithstanding the procedures specified in 40 CFR part 2, an owner or operator asserting a claim of CBI with respect to information contained in its RMP, shall submit to EPA at the time it submits the RMP the following:
(1) The information claimed confidential, provided in a format to be specified by EPA;
(2) A sanitized (redacted) copy of the RMP, with the notation “CBI” substituted for the information claimed confidential, except that a generic category or class name shall be substituted for any chemical name or identity claimed confidential; and
(3) The document or documents substantiating each claim of confidential business information, as described in § 68.152.
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.68.151 Assertion of claims of confidential business information - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-68-151/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)