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9. Confidential Information. The information requested herein must be provided even though <br /> you may contend that it includes confidential information or trade secrets. You may assert a <br /> confidentiality claim covering part or all the information requested,pursuant to Section 3007(b) <br /> of RCRA, 42 U.S.C. § 6927(b), and 40 CFR § 2.203(b). <br /> If you make a claim of confidentiality for any of the information you submit to EPA, you must <br /> prove that claim. For each document or response, you claim confidential, you must separately <br /> address the following points: <br /> i. clearly identify the portions of the information alleged to be entitled to <br /> confidential treatment; <br /> ii. the period of time for which confidential treatment is desired(e.g.,until a <br /> certain date,until the occurrence of a specific event, or permanently); <br /> iii. measures taken by you to guard against the undesired disclosure of the <br /> information to others; <br /> iv. the extent to which the information has been disclosed to others, and the <br /> precautions taken in connection therewith; <br /> V. pertinent confidentiality determinations, if any, by EPA or other federal <br /> agencies, and a copy of any such determinations or reference to them, if <br /> available; and <br /> vi. whether you assert that disclosure of the information would likely result in <br /> substantial harmful effects on your business' competitive position, and if so, <br /> what those harmful effects would be, why they should be viewed as <br /> substantial, and an explanation of the causal relationship between disclosure <br /> and such harmful effects.Note: You are not required to respond to this <br /> question in light of the Supreme Court's decision in Food Marketing Institute <br /> v. Argus Leader Media, No. 18-481 (U.S. Supreme Court, June 24, 2019). As <br /> a result of that decision, EPA will not consider whether there is substantial <br /> competitive harm in evaluating your CBI claim. <br /> To make a confidentiality claim,please stamp, or type, confidential on all confidential <br /> responses and any related confidential documents. Confidential portions of otherwise <br /> nonconfidential documents should be clearly identified. You should indicate the date, if any, <br /> after which the information does not need to be any longer be treated as confidential. Please <br /> submit your response so that all nonconfidential information, including any redacted versions <br /> of documents are in one envelope and all materials for which you desire confidential treatment <br /> are in another envelope that is clearly marked confidential. <br /> All confidentiality claims are subject to EPA verification. It is important that you satisfactorily <br /> show that you have taken reasonable measures to protect the confidentiality of the information <br /> and that you intend to continue to do so, and that it is not and has not been obtainable by <br /> legitimate means without your consent. If no such claim accompanies the information when it <br /> is received by EPA, then it may be made available to the public by EPA without further notice <br /> to you. <br /> II-2 <br />