subpart_subject: "Procedures for Disclosure of Records Under the Freedom of Information Act"
section_number: "2.208"
section_subject: "Substantive criteria for use in confidentiality determinations."
cfr_reference: "40 CFR 2.208"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 1 to 49"
revised_date: "Revised as of July 1, 2019"
publication_date: "As of July 1, 2019"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
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Determinations issued under §§ 2.204 through 2.207 shall hold that business information is entitled to confidential treatment for the benefit of a particular business if—
(a)The business has asserted a business confidentiality claim which has not expired by its terms, nor been waived nor withdrawn;
(b)The business has satisfactorily shown that it has taken reasonable measures to protect the confidentiality of the information, and that it intends to continue to take such measures;
(c)The information is not, and has not been, reasonably obtainable without the business's consent by other persons (other than governmental bodies) by use of legitimate means (other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding);
(d)No statute specifically requires disclosure of the information; and
(1)The business has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the business's competitive position; or
(2)The information is voluntarily submitted information (see § 2.201(i)), and its disclosure would be likely to impair the Government's ability to obtain necessary information in the future.