[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR717.19]

[Page 118]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 717_RECORDS AND REPORTS OF ALLEGATIONS THAT CHEMICAL SUBSTANCES CAUSE 
SIGNIFICANT ADVERSE REACTIONS TO HEALTH OR THE ENVIRONMENT--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 717.19  Confidentiality.

    (a) Any person submitting copies of records may assert a business 
confidentiality claim covering all or part of the submitted information. 
Any information covered by a claim will be disclosed by EPA only as 
provided in procedures set forth at part 2 of this title.
    (b) If no claim accompanies a document at the time it is submitted 
to EPA, the document will be placed in an open file available to the 
public without further notice to the respondent.
    (c) To asset a claim of confidentiality for information contained in 
a submitted record, the respondent must submit two copies of the 
document.
    (1) One copy must be complete. In that copy, the respondent must 
indicate what information, if any, is claimed as confidential by marking 
the specific information on each page with a label such as 
``confidential'', ``proprietary'', or ``trade secret'' and briefly state 
the basis of the claim.
    (2) If some information is claimed as confidential, the respondent 
must submit a second copy of the record. The second copy must be 
complete, except that all information claimed as confidential in the 
first copy must be deleted.
    (3) The first copy will be for internal use by EPA. The second copy 
will be placed in an open file to be available to the public.
    (4) Failure to furnish a second copy when information is claimed as 
confidential in the first copy will be considered a presumptive waiver 
of the claim of confidentiality. EPA will notify the respondent by 
certified mail that a finding of a presumptive waiver of the claim of 
confidentiality has been made. The respondent will be given 30 days from 
the date of receipt of notification to submit the required second copy. 
If the respondent fails to submit the second copy within the 30 days, 
EPA will place the first copy in the public file.

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