40 C.F.R. § 122.7

Confidentiality of information

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(a) In accordance with 40 CFR part 2, any information submitted to EPA pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words “confidential business information” on each page containing such information. If no claim is made at the time of submission, EPA may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR part 2 (Public Information).

(b) Applicable to State programs, see § 123.25. Claims of confidentiality for the following information will be denied:

(1) The name and address of any permit applicant or permittee;

(2) Permit applications, permits, and effluent data.

(c) Applicable to State programs, see § 123.25. Information required by NPDES application forms provided by the Director under § 122.21 may not be claimed confidential. This includes information submitted on the forms themselves and any attachments used to supply information required by the forms.

Notes of Decisions

Cited in 5 cases, 1980–2006 · leading case: Nat. Resources Def. Council, Inc. v. U. S. Env't Prot. Agency, 673 F.2d 392 (D.C. Cir. 1980).

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Nat. Resources Def. Council, Inc. v. U. S. Env't Prot. Agency, 673 F.2d 392 (D.C. Cir. 1980). “33425 (May 19, 1980) (to be codified at 40 C.F.R. § 122.7 ) (“Conditions applicable to all permits”).”

Env't Prot. Info. Ctr. v. Pac. Lumber Co., 430 F. Supp. 2d 996 (N.D. Cal. 2006). · cites it 2× “Although PALCO has repeatedly stated that it disagrees with the court’s interpretation of 40 C.F.R. section 122.7 and that it intends to appeal certain of the court’s decisions in this matter, PALCO simply cannot relitigate the issue of whether its silvicultural operations are…”

Nat. Resources Def. Council, Inc. v. U.S. Env't Prot. Agency, 822 F.2d 104 (D.C. Cir. 1987). · cites it 2× “40 C.F.R. § 122.7 (b). Since 1978, EPA has interpreted the public disclosure requirement of section 402(j), 33 U.”

Opinion No. (1983) (Mo. Att'y Gen. 1983). · cites it 12× “State statutes and regulations require that all permits contain fully enforceable conditions that are substantially equivalent to those at 40 CFR 122.7 , 122.11 and 122.28 (See 40 CFR 123.”

Virginia Elec. & Power Co. v. United States Env't Prot. Agency, 655 F.2d 534 (4th Cir. 1981). “6 (signatories to permit applications and reports); 40 C.F.R. § 122.7 (conditions applicable to all permits); 40 C.”

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