EPA Part 2 Section 202
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 2--PUBLIC INFORMATION--Table of Contents
Subpart B--Confidentiality of Business Information
Sec. 2.202 Applicability of subpart; priority where provisions conflict;
records containing more than one kind of information.
(a) Sections 2.201 through 2.215 establish basic rules governing
business confidentiality claims, the handling by EPA of business
information which is or may be entitled to confidential treatment, and
determinations by EPA of whether information is entitled to confidential
treatment for reasons of business confidentiality.
(b) Various statutes (other than 5 U.S.C. 552) under which EPA
operates contain special provisions concerning the entitlement to
confidential treatment of information gathered under such statutes.
Sections 2.301 through 2.311 prescribe rules for treatment of certain
categories of business information obtained under the various statutory
provisions. Paragraph (b) of each of those sections should be consulted
to determine whether any of those sections applies to the particular
information in question.
(c) The basic rules of Secs. 2.201 through 2.215 govern except to
the extent that they are modified or supplanted by the special rules of
Secs. 2.301 through 2.311. In the event of a conflict between the
provisions of the basic rules and those of a special rule which is
applicable to the particular information in question, the provision of
the special rule shall govern.
(d) If two or more of the sections containing special rules apply to
the particular information in question, and the applicable sections
prescribe conflicting special rules for the treatment of the
information, the rule which provides greater or wider availability to
the public of the information shall govern.
(e) For most purposes, a document or other record may usefully be
treated as a single unit of information, even though in fact the
document or record is comprised of a collection of individual items of
information. However, in applying the provisions of this subpart, it
will often be necessary to separate the individual items of information
into two or more categories, and to afford different treatment to the
information in each such category. The need for differentiation of this
type may arise, e.g., because a business confidentiality claim covers
only a portion of a record, or because only a portion of the record is
eligible for confidential treatment. EPA offices taking action under
this subpart must be alert to this problem.
(f) In taking actions under this subpart, EPA offices should
consider whether it is possible to obtain the affected business's consent
to disclosure of useful portions of records while protecting the
information which is or may be entitled to confidentiality (e.g., by
withholding such portions of a record as would identify a business, or
by disclosing data in the form of industry-wide aggregates, multi-year
averages or totals, or some similar form).
(g) This subpart does not apply to questions concerning entitlement
to confidential treatment or information which concerns an individual
solely in his personal, as opposed to business, capacity.
[41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40000, Sept. 8, 1978;
50 FR 51661, Dec. 18, 1985]