EPA Part 2 Section 208
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 2--PUBLIC INFORMATION--Table of Contents
Subpart B--Confidentiality of Business Information
Sec. 2.208 Substantive criteria for use in confidentiality determinations.
Determinations issued under Secs. 2.204 through 2.207 shall hold
that business information is entitled to confidential treatment for the
benefit of a particular business if--
(a) The business has asserted a business confidentiality claim which
has not expired by its terms, nor been waived nor withdrawn;
(b) The business has satisfactorily shown that it has taken
reasonable measures to protect the confidentiality of the information,
and that it intends to continue to take such measures;
(c) The information is not, and has not been, reasonably obtainable
without the business's consent by other persons (other than governmental
bodies) by use of legitimate means (other than discovery based on a
showing of special need in a judicial or quasi-judicial proceeding);
(d) No statute specifically requires disclosure of the information;
and
(e) Either--
(1) The business has satisfactorily shown that disclosure of the
information is likely to cause substantial harm to the business's
competitive position; or
(2) The information is voluntarily submitted information (see
Sec. 2.201(i)), and its disclosure would be likely to impair the
Government's ability to obtain necessary information in the future.