Frequent Questions

Is classified information exempt from inclusion in the risk management plan (RMP) under 40 CFR Part 68?

Yes. Part 68 does not require disclosure of classified information in violation of federal laws, regulations, or executive orders (61 FR 31695; June 20, 1996). The regulations clearly state that the RMP will exclude classified information (40 CFR §68.150(d)). Classified data or information excluded from the RMP may, however, be made available in a classified annex to the RMP for review by federal and state representatives who have received the appropriate security clearances. "Classified information" is defined as any information or material that has been determined by the United States Government, pursuant to an executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security (40 CFR §68.3).

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