§ 2.303 40 CFR Ch. I (7–1–14 Edition)

notwithstanding any other provision of (2) Manufacturer has the meaning this part. Information (other than ef- given it in 42 U.S.C. 4902(6). fluent data and standards or limita- (3) Product has the meaning given it tions) provided in response to a sub- in 42 U.S.C. 4902(3). poena issued under section 509(a) of the (4) Proceeding means any rulemaking, Act, which is determined under this adjudication, or licensing conducted by subpart not to be entitled to confiden- EPA under the Act or under regula- tial treatment, shall be available to tions which implement the Act, except the public, unless EPA determines that for determinations under this subpart. the information is exempt from manda- (b) Applicability. This section applies tory disclosure under 5 U.S.C. 552(b) for only to information provided to or ob- reasons other than reasons of business tained by EPA under section 13 of the confidentiality and cannot or should Act, 42 U.S.C. 4912, by or from any not be made available to the public. manufacturer of any product to which (g) Disclosure of information relevant to regulations under section 6 or 8 of the a proceeding. (1) Under sections 308 and Act (42 U.S.C. 4905, 4907) apply. Infor- 509(a) of the Act, any information to mation will be deemed to have been which this section applies may be re- provided or obtained under section 13 leased by EPA because of the relevance of the Act, if it was provided in re- of the information to a proceeding, sponse to a request by EPA made for notwithstanding the fact that the in- the purpose of enabling EPA to deter- formation otherwise might be entitled mine whether the manufacturer has to confidential treatment under this acted or is acting in compliance with subpart. Release of information to the Act, or if its submission could have which this section applies because of been required under section 13 of the its relevance to a proceeding shall be Act, regardless of whether section 13 made only in accordance with this was cited as authority for the request, paragraph (g). whether an order to provide such infor- (2)–(4) The provisions of § 2.301(g) (2), mation was issued under section 11(d) (3), and (4) are incorporated by ref- of the Act, 42 U.S.C. 4910(d), and wheth- erence as paragraphs (g) (2), (3), and (4), er the information was provided di- respectively of this section. rectly to EPA by the manufacturer or (h) Disclosure to authorized representa- through some third person. tives. (1) Under sections 308 and 509(a) of (c) Basic rules which apply without the Act, EPA possesses authority to change. Sections 2.201 through 2.207 and disclose to any authorized representa- 2.209 through 2.215 apply without tive of the any informa- change to information to which this tion to which this section applies, not- section applies. withstanding the fact that the infor- (d) [Reserved] mation might otherwise be entitled to (e) Substantive criteria for use in con- confidential treatment under this sub- fidentiality determinations. Section 2.208 part. Such authority may be exercised applies without change to information only in accordance with paragraph to which this section applies; however, (h)(2) or (h)(3) of this section. no information to which this section (2)–(3) The provisions of § 2.301(h) (2) applies is voluntarily submitted infor- and (3) are incorporated by reference as mation. paragraphs (h) (2) and (3), respectively, (f) [Reserved] of this section. (g) Disclosure of information relevant to [41 FR 36902, Sept. 1, 1976, as amended at 43 a proceeding. (1) Under section 13 of the FR 40003, Sept. 8, 1978] Act, any information to which this sec- tion applies may be released by EPA § 2.303 Special rules governing certain because of its relevance to a matter in information obtained under the controversy in a proceeding, notwith- Control Act of 1972. standing the fact that the information (a) Definitions. For the purposes of otherwise might be entitled to con- this section: fidential treatment under this subpart. (1) Act means the Act Release of information because of its of 1972, 42 U.S.C. 4901 et seq. relevance to a proceeding shall be

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made only in accordance with this (F) Who is a grantee, as defined in paragraph (g). section 1445(e) of the Act, 42 U.S.C. (2)–(4) The provisions of § 2.301(g) (2), 300j–4(e). (3), and (4) are incorporated by ref- (2) This section applies to any infor- erence as paragraphs (g) (2), (3), and (4), mation which is described by para- respectively, of this section. graph (b)(1) of this section if it was pro- vided in response to a request by EPA [41 FR 36902, Sept. 1, 1976, as amended at 43 or its authorized representative (or by FR 40003, Sept. 8, 1978] a State agency administering any pro- gram under the Act) made for any pur- § 2.304 Special rules governing certain information obtained under the pose stated in paragraph (b)(1) of this . section, or if its submission could have been required under section 1445 of the (a) Definitions. For the purposes of Act, 42 U.S.C. 300j–4, regardless of this section: whether such section was cited in any (1) Act means the Safe Drinking request for the information, or whether Water Act, 42 U.S.C. 300f et seq. the information was provided directly (2) Contaminant means any physical, to EPA or through some third person. chemical, biological, or radiological (c) Basic rules which apply without substance or matter in water. change. Sections 2.201 through 2.207, (3) Proceeding means any rulemaking, 2.209, and 2.211 through 2.215 apply adjudication, or licensing process con- without change to information to ducted by EPA under the Act or under which this section applies. regulations which implement the Act, (d) [Reserved] except for any determination under (e) Substantive criteria for use in con- this part. fidentiality determinations. Section 2.208 (b) Applicability. (1) This section ap- applies to information to which this plies only to information— section applies, except that informa- (i) Which was provided to or obtained tion which deals with the existence, ab- by EPA pursuant to a requirement of a sence, or level of contaminants in regulation which was issued by EPA drinking water is not eligible for con- under the Act for the purpose of— fidential treatment. No information to (A) Assisting the Administrator in which this section applies is volun- establishing regulations under the Act; tarily submitted information. (B) Determining whether the person (f) Nondisclosure for reasons other than providing the information has acted or business confidentiality or where disclo- is acting in compliance with the Act; sure is prohibited by other statute. Sec- or tion 2.210 applies to information to which this section applies, except that (C) Administering any program of fi- information which deals with the exist- nancial assistance under the Act; and ence, absence, or level of contaminants (ii) Which was provided by a person— in drinking water shall be available to (A) Who is a supplier of water, as de- the public notwithstanding any other fined in section 1401(5) of the Act, 42 provision of this part. U.S.C. 300f(5); (g) Disclosure of information relevant to (B) Who is or may be subject to a pri- a proceeding. (1) Under section 1445(d) of mary drinking water regulation under the Act, any information to which this section 1412 of the Act, 42 U.S.C. 300g– section applies may be released by EPA 1; because of the relevance of the infor- (C) Who is or may be subject to an mation to a proceeding, notwith- applicable underground injection con- standing the fact that the information trol program, as defined in section otherwise might be entitled to con- 1422(d) of the Act, 42 U.S.C.300h–1(d); fidential treatment under this subpart. (D) Who is or may be subject to the Release of information to which this permit requirements of section 1424(b) section applies because of its relevance of the Act, 42 U.S.C. 300h–3(b); to a proceeding shall be made only in (E) Who is or may be subject to an accordance with this paragraph (g). order issued under section 1441(c) of the (2)–(4) The provisions of § 2.301(g) (2), Act, 42 U.S.C. 300j(c); or (3), (4) are incorporated by reference as

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