40 CFR 1090.15 – Confidential business information
(a) Except as specified in paragraphs (b) through (d) of this section, any information submitted under this part claimed as confidential remains subject to evaluation by EPA under 40 CFR part 2, subpart B.
(b) The following information contained in submissions under this part is not entitled to confidential treatment under 40 CFR part 2, subpart B or 5 U.S.C. § 552(b)(4):
(1) Submitter’s name.
(2) The name and location of the facility, if applicable.
(3) The general nature of a request.
(4) The relevant time period for a request, if applicable.
(c) The following information incorporated into EPA determinations on submissions under this part is not entitled to confidential treatment under 40 CFR part 2, subpart B or 5 U.S.C. § 552(b)(4):
(1) Submitter’s name.
(2) The name and location of the facility, if applicable.
(3) The general nature of a request.
(4) The relevant time period for a request, if applicable.
(5) The extent to which EPA either granted or denied the request and any relevant terms and conditions.
(d)(1) The following information contained in any enforcement action taken under this part is not entitled to confidential treatment under 40 CFR part 2, subpart B:
(i) The company’s name.
(ii) The facility’s name.
(iii) Any EPA-issued company and facility identification numbers.
(iv) The time or time period when any violation occurred.
(v) The quantity of fuel, fuel additive, or regulated blendstock affected by the violation.
(vi) Information relating to the exceedance of the fuel standard associated with the violation.
(vii) Information relating to the generation, transfer, or use of credits associated with the violation.
(viii) Any other information relevant to describing the violation.
(2) Enforcement actions within the scope of paragraph (d)(1) of this section include notices of violation, settlement agreements, administrative complaints, civil complaints, criminal information, and criminal indictments.
(e) EPA may disclose the information specified in paragraphs (b) through (d) of this section on its website, or otherwise make it available to interested parties, without additional notice, notwithstanding any claims that the information is entitled to confidential treatment under 40 CFR part 2, subpart B and 5 U.S.C. § 552(b)(4).