Page:United States Statutes at Large Volume 100 Part 2.djvu/522

 100 STAT. 1624

PUBLIC LAW 99-499—OCT. 17, 1986

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42 USC 9604. Classified information.

Public information.

"(6) OTHER AUTHORITY.—Nothing in this subsection shall preclude the President from securing access or obtaining information in any other lawful manner.", (n) BASIS FOR WITHHOLDING INFORMATION.—Paragraph (7) of section 104(e) of CERCLA (formerly paragraph (2), as redesignated by subsection (1) of this section) is amended by adding the following new subparagraphs at the end thereof: "(E) No person required to provide information under this Act may claim that the information is entitled to protection under this paragraph unless such person shows each of the following: "(i) Such person has not disclosed the information to any other person, other than a member of a local emergency planning committee established under title III of the «,, ^;;_. Amendments and Reauthorization Act of 1986, an officer or ',' ' employee of the United States or a State or local government, an employee of such person, or a person who is bound by a confidentiality agreement, and such person has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures, "(ii) The information is not required to be disclosed, or V ^;,, otherwise made available, to the public under any other '• ' ^' Federal or State law. "(iii) Disclosure of the information is likely to cause substantial harm to the competitive position of such person. "(iv) The specific chemical identity, if sought to be protected, is not readily discoverable through reverse engineering. "(F) The following information with respect to any hazardous substance at the facility or vessel shall not be entitled to protection under this paragraph: "(i) The trade name, common name, or generic class or category of the hazardous substance. "(ii) The physical properties of the substance, including its boiling point, melting point, flash point, specific gravity, vapor density, solubility in water, and vapor pressure at 20 ' '^ • degrees Celsius. "(iii) The hazards to health and the environment posed by - ? - • ^j^g substance, including physical hazards (such as explosion) and potential acute and chronic health hazards. "(iv) The potential routes of human exposure to the substance at the facility, establishment, place, or property -. being investigated, entered, or inspected under this ii> subsection. "(v) The location of disposal of any waste stream. "(vi) Any monitoring data or analysis of monitoring data pertaining to disposal activities, "(vii) Any hydrogeologic or geologic data. "(viii) Any groundwater monitoring data.", (o) ACQUISITION OF PROPERTY.—

(1) IN GENERAL.—Section 104 of CERCLA is amended by adding the following new subsection at the end thereof: "(j) ACQUISITION OF PROPERTY.—

"(1) AUTHORITY.—The President is authorized to acquire, by purchase, lease, condemnation, donation, or otherwise, any real property or any interest in real property that the President in ,iax his discretion determines is needed to conduct a remedial action under this Act. There shall be no cause of action to compel the

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