40 C.F.R. § 68.151

Current through May 31, 2024
Section 68.151 - Assertion of claims of confidential business information
(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 (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 .

40 C.F.R. §68.151

64 FR 979, Jan. 6, 1999, as amended at 84 FR 69915, Dec. 10, 2019
As amended at 84 FR 69915, 12/19/2019