Documents

The Office of General Counsel issues memoranda, opinions, and determinations (including class determinations), many of which are for internal Agency use only. However, a number of OGC documents are publicly available in electronic legal research databases such as LexisNexis and Westlaw. Some are published in the Federal Register, and a number, listed below, appear in printed compilations available in most EPA libraries, including the Office of General Counsel Law Library.

Other publicly-available Office of General Counsel documents are available below, grouped by topic:

You will need Adobe Acrobat Reader, available as a free download, to view some of the files on this page. See EPA's PDF page to learn more about PDF, and for a link to the free Acrobat Reader.

Information Law

CBI (Confidential Business Information) Class Determinations
Persons who submit information to EPA may claim some or all of it as confidential business information ("CBI") under 40 C.F.R. Part 2, Subpart B. In the context of making final determinations as to whether or not the information should be protected as confidential, OGC may issue class determinations under 40 C.F.R. § 2.207.

Class determinations indicate that certain types of business information are or are not entitled to confidential treatment. For OGC to issue a class determination, it must find that EPA possesses related items of business information, and that all these items share one or more characteristics. As a result of these shared characteristics, all these items of information would necessarily be treated identically under the CBI regulations if considered individually. A class determination therefore sets forth certain classes of information that are to be considered by EPA either as confidential or non-confidential. The use of class determinations provides predictability to businesses and the public, and reduces the burden on EPA of making repetitive individual determinations.
- 1-99 - Disclosure of Information Obtained Under Section 6(a)(2) of the Federal Insecticide, Fungicide and Rodenticide Act Regarding Unreasonable Adverse Effects of Pesticides on the Environment (9/28/99) (PDF, 5 pp, 32.7K)
  - Notice of Availability, Disclosure of Information Obtained Regarding Unreasonable Adverse Effects of Pesticides on the Environment; Class Determination, 64 Fed Reg 70019 (12/15/99) (PDF, 2 pp, 121.4K)
- 1-95 - Confidentiality of Certain Business Information Submitted by Contractors and Prospective Contractors (7/10/95) (PDF, 9 pp, 97K)
- 4-89 - Disclosure of Effluent and Emission Data Obtained Under Title III of SARA, the Emergency Planning and Community Right-To-Know Act (7/8/89) (PDF, 3 pp, 25.7K)
- 3-89 - Bleach Plant, Pulp, and Miscellaneous Data Under the 104-Mill Cooperative Dioxin Study Agreement (5/4/89) (PDF, 25 pp, 8.2MB)
- 2-89 - Disclosure of Information Contained in Asbestos Abatement Notices (3/7/89) (PDF, 5 pp, 78.4K)
- 1-89 - Effluent and Sludge Data Under the 104-Mill Cooperative Dioxin Study Agreement (1/13/89) (PDF, 17 pp, 5.8MB)
- 3-85 - Disclosure of Reviews of Pesticide Test Data Submitted by Applicants and Registrants (9/24/85) (PDF, 6 pp., 3.18 MB)
  - Notice, Disclosure of Reviews of Pesticide Test Data, 50 Fed Reg 48833 (11/27/85) (PDF, 3 pp, 3MB)
- 1-85 - Waiver of Claim of Business Confidentiality By Failure to Submit Timely Comments (1/28/85) (PDF, 2 pp, 925K)
- 1-84 - Imported Vehicle Modifications and Emissions Testing Information (10/2/84) (PDF, 13 pp, 4.3MB)
- 2-80 - Confidentiality of Business Information Submitted in Applications for Certification of Light-Duty Motor Vehicles for Model Year 1981 (8/21/80) (PDF,1 p, 21.8K)
- 1-80 - Confidentiality of Business Information Obtained from Architect/Engineering Firms Participating in Step 2 and Step 3 Level of Effort Study (4/23/80) (PDF, 3 pp, 21K)
- 3-79 - Confidentiality of Business Information Reported for the Initial Inventory of Chemical Substances Under Section 8(b) of the Toxic Substances Control Act (1979) (PDF, 9 pp, 840K)
- 2-79 - Confidentiality of Business Information Submitted in Contract Proposals and Related Documents (11/15/79) (PDF, 8 pp, 3.7MB)
- 1-79 - Confidentiality of Business Information Submitted in Applications for Certification of Light-Duty Motor Vehicles for Model Year 1981 (1979) (PDF, 2 pp, 554.5K)
- 3-78 - Confidentiality of Business Information Submitted in Applications for Certification of Light-Duty Motor Vehicles for Model Year 1980 (8/14/78) (PDF, 8 pp, 2.6MB)
- 2-78 - Confidentiality of Business Information Submitted in Technical and Cost Proposals (5/3/78) (PDF, 8 pp, 2.6MB)
- 1-78 - Confidentiality of Information in National Pollution Discharge Elimination System Permits and Permit Applications Under Section 402(j) of the Federal Water Pollution Control Act (3/22/78) (PDF, 4 pp, 1.2MB)
- 4-77 - Confidentiality of Business Information Submitted in Applications for Light Duty Motor Vehicle Certifications Model Year 1979 (5/12/77) (PDF, 1 p, 319.6K)
- 2-77 - Confidentiality of Business Information Submitted in Applications for Light Duty Motor Vehicle Certifications Through Model Year 1978 (3/31/77) (PDF, 8 pp, 2.3MB)
- 1-77 - Confidentiality of Business Information Contained in Bimonthly Summary Report on Flue Gas Desulfurization Systems (3/7/77) (PDF, 3 pp, 1.4MB)

Pesticides and Toxic Substances

Interpretive Statement on Change in Ownership of Real Property Contaminated with PCBs (Robert E. Fabricant, General Counsel, 8/14/03) (PDF, 5 pp, 118.7K)

Water

Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of "Waters of the United States," Appendix A: Joint Memorandum (Signed by Robert E. Fabricant, General Counsel, U.S. EPA and Steven J. Morello, General Counsel, Dept. of the Army, 1/15/03) (PDF, 4 pp, 54.2K)
Agency Interpretation on Applicability of Section 402 of the Clean Water Act to Water Transfers (Signed by Ann R. Klee, General Counsel, U.S. EPA, and Benjamin H. Grumbles, Assistant Administrator for Water, U.S. EPA, 8/5/05) (PDF, 19 pp, 671.6K)

The following out of print compilations include Office of General Counsel documents issued from 1970 - 1985. Consult your nearest EPA Library or the Office of General Counsel Law Library for information.

General Counsel Opinions from the Office of General Counsel, United States Environmental Protection Agency: January 31, 1980 through June 7, 1985
United States Environmental Protection Agency Counsel General {i.e. General Counsel} opinions. Covers 1970-1979.
A Collection of Legal Opinions, volume 1, December 1970 - December 1973
Decisions of the Administrator and Decisions of the General Counsel, volume 1 (September 1974 - December 1975) and volume 2 (January 1976 - December 1976)

Documents

Pesticides and Toxic Substances

Water

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