# 40 C.F.R. § 2.203 (2026): Notice to be included in EPA requests, demands, and forms; method of asserting business confidentiality claim; effect of failure to assert claim at time of submission > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_203 ## Section - **Citation:** 40 C.F.R. § 2.203 (2026) - **Heading:** Notice to be included in EPA requests, demands, and forms; method of asserting business confidentiality claim; effect of failure to assert claim at time of submission - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 40 CFR: Protection of Environment / Chapter I / Part 2 / Subpart B / § 2.203: § 2.203 Notice to be included in EPA requests, demands, and forms › method of asserting business confidentiality claim › effect of failure to assert claim at time of submission. ## Text (a) Notice to be included in certain requests and demands for information, and in certain forms. Whenever an EPA office makes a written request or demand that a business furnish information which, in the office's opinion, is likely to be regarded by the business as entitled to confidential treatment under this subpart, or whenever an EPA office prescribes a form for use by businesses in furnishing such information, the request, demand, or form shall include or enclose a notice which— (1) States that the business may, if it desires, assert a business confidentiality claim covering part or all of the information, in the manner described by paragraph (b) of this section, and that information covered by such a claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in this subpart; (2) States that if no such claim accompanies the information when it is received by EPA, it may be made available to the public by EPA without further notice to the business; and (3) Furnishes a citation of the location of this subpart in the Code of Federal Regulations and the Federal Register. (b) Method and time of asserting business confidentiality claim. A business which is submitting information to EPA may assert a business confidentiality claim covering the information by placing on (or attaching to) the information, at the time it is submitted to EPA, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as trade secret, proprietary, or company confidential. Allegedly confidential portions of otherwise non-confidential documents should be clearly identified by the business, and may be submitted separately to facilitate identification and handling by EPA. If the business desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state. (c) Effect of failure to assert claim at time of submission of information ial portions of otherwise non-confidential documents should be clearly identified by the business, and may be submitted separately to facilitate identification and handling by EPA. If the business desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state. (c) Effect of failure to assert claim at time of submission of information. If information was submitted by a business to EPA on or after October 1, 1976, in response to an EPA request or demand (or on an EPA-prescribed form) which contained the substance of the notice required by paragraph (a) of this section, and if no business confidentiality claim accompanied the information when it was received by EPA, the inquiry to the business normally required by § 2.204(c)(2) need not be made. If a claim covering the information is received after the information itself is received, EPA will make such efforts as are administratively practicable to associate the late claim with copies of the previously-submitted information in EPA files (see § 2.204(c)(1)). However, EPA cannot assure that such efforts will be effective, in light of the possibility of prior disclosure or widespread prior dissemination of the information. ## Nearby sections - [40 C.F.R. § 2.201 (2026) § 2.201 Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_201.md) - [40 C.F.R. § 2.202 (2026) § 2.202 Applicability of subpart; priority where provisions conflict; records containing more than one kind of information.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_202.md) - [40 C.F.R. § 2.203 (2026) § 2.203 Notice to be included in EPA requests, demands, and forms; method of asserting business confidentiality claim; effect of failure to assert claim at time of submission.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_203.md) - [40 C.F.R. § 2.204 (2026) § 2.204 Initial action by EPA office.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_204.md) - [40 C.F.R. § 2.205 (2026) § 2.205 Final confidentiality determination by EPA legal office.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_205.md) - [40 C.F.R. § 2.206 (2026) § 2.206 Advance confidentiality determinations.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_206.md) - [40 C.F.R. § 2.207 (2026) § 2.207 Class determinations.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_207.md) - [40 C.F.R. § 2.208 (2026) § 2.208 Substantive criteria for use in confidentiality determinations.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_208.md) - [40 C.F.R. § 2.209 (2026) § 2.209 Disclosure in special circumstances.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_209.md) - [40 C.F.R. § 2.210 (2026) § 2.210 Nondisclosure for reasons other than business confidentiality or where disclosure is prohibited by other statute.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_210.md) - [40 C.F.R. § 2.211 (2026) § 2.211 Safeguarding of business information; penalty for wrongful disclosure.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_211.md) - [40 C.F.R. § 2.212 (2026) § 2.212 Establishment of control offices for categories of business information.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_212.md) - [40 C.F.R. § 2.213 (2026) § 2.213 Designation by business of addressee for notices and inquiries.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_213.md) - [40 C.F.R. § 2.214 (2026) § 2.214 Defense of Freedom of Information Act suits; participation by affected business.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_214.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T40_P2_S2_203. 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