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All information submitted to the Indiana Department of Environmental Management (IDEM), Office of Air Quality (OAQ) becomes a public record. If you submit confidential information, confidential business information or trade secrets to IDEM, OAQ, that information will be available to the public unless you submit the information under a claim of confidentiality.
Article 17.1 of Title 326 of the Indiana Administrative Code (326 IAC 17.1) covers public records, confidential business information, and confidentiality agreements, and Rule 4 of this article specifically addresses confidentiality claims. Confidentiality claims must be made at the time the information is submitted to IDEM, OAQ and the claim of confidentiality must meet the requirements set out in 326 IAC 17.1-4-1. If you do not follow the requirements exactly, your confidential information will become a public record, available for anyone to inspect and photocopy.
You must clearly designate and segregate your confidential information and you must provide supporting information at the time that you first submit your confidential information to IDEM, OAQ. You must use one of the following methods to claim that your information and any supporting information is confidential:
In order to help ensure that the information you are claiming as confidential is kept confidential, IDEM strongly recommends that you put the information claimed as confidential in a separate envelope, which is clearly labeled "confidential information."
You must also submit supporting information to show that your confidential information is entitled to confidential treatment under Indiana Code 5-14-3. Your supporting information must comply with the following five (5) requirements.
IDEM will review your claim of confidentiality. If IDEM's Commissioner determines that your information should not be held confidential, IDEM will send you a written notice by certified mail, return receipt requested. The notice will contain information on your right to appeal the Commissioner's determination.
For more information on confidentiality for certain types of business information, please review Air-031-NPD regarding Emission Data (available on the IDEM Nonrule Policies page).