How to Submit Confidential Information

Nearly all information submitted to IDEM’s Office of Water Quality (OWQ) becomes a public record. Only public water supply infrastructure location information and applicable cybersecurity items remain confidential pursuant to Indiana Code 5-14-3-4(b)(19). If you submit other confidential information, confidential business information or trade secrets to IDEM’s OWQ, that information will be available to the public unless you submit the information under a claim of confidentiality.

Article 12.1 of Title 327 of the Indiana Administrative Code (327 IAC 12.1) covers public records, confidential business information, and confidentiality agreements, and Rule 4 (327 IAC 12.1-4-1) of this article specifically addresses confidentiality claims. Confidentiality claims must be made at the time the information is submitted to IDEM’s OWQ, and the claim of confidentiality must meet the requirements set out in 327 IAC 12.1-4-1. 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’s OWQ. You must use one of the following methods to claim that your information and any supporting information is confidential:

• Attach a cover sheet that instructs IDEM’s OWQ which information is to be treated as confidential; or,
• Mark each page or item of information as confidential, confidential claim material, trade secret or confidential business information.

Important Note:

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."

Supporting Information

You must also submit supporting information to show that your confidential information is entitled to confidential treatment under IC 5-14-3. Your supporting information must comply with the following five (5) requirements.

1. You must state your information is a specific type of confidential information under:
   1. IC 5-14-3-4(a) and IC 13-14-11-3(a)(1); or,
   2. IC 5-14-3-4(b) and IC 13-14-11-3(a)(2)
   3. If you state that your information is a trade secret under IC 5-14-3-4(a)(4), you must submit a narrative statement or documents supporting your claim that the information meets the necessary elements of a trade secret, as defined at IC 24-2-3-2.
2. You must state whether or not IDEM has previously determined your information to be confidential.
3. You must indicate which portion, if any, of your supporting information you claim to be confidential. Your designation and segregation of your confidential information must be done in one of the following methods:
   1. Attach a cover sheet that instructs IDEM, OWQ which information is to be treated as confidential; or,
   2. Mark each page or item of information as confidential, confidential claim material, trade secret or confidential business information.
4. You must state how long you want the information kept confidential, unless you want it kept confidential for the maximum period of 75 years.
5. Whenever the claim is based on the IDEM Commissioner's discretionary power to grant confidential status to information under IC 5-14-3-4(b) and IC 13-14-11-3(a)(2), you must state all of the following:
   1. The statute, rule, permit, or other authority that requires the submission of such information; and,
   2. Facts demonstrating that the information may be treated as confidential under IC 5-14-3-4(b).

Confidentiality Claims Submitted by Email

If your emailed claim contains any confidential business information, please submit two (2) separate emails as follows:

• One (1) email that includes a confidential copy of the application, clearly marked as confidential, and includes "Confidential Information" as part of the email subject line. This copy of the application should include supporting information to show that your confidential information is entitled to confidential treatment under Title 5, Article 14, Chapter 3 of the Indiana Code (IC 5-14-3) and should include the following statement within the body of the email:
  
  "The attached claim contains confidential information and is being submitted under a claim of confidentiality that is subject to requirements set out in Title 327, Article 12.1 of the Indiana Administrative Code (327 IAC 12.1)."
  
  
• One (1) email that includes a non-confidential copy of the application, with all confidential information redacted.

If submitting a confidential claim via email, please refer to the OWQ contact page for locating a program-specific contact.

Actions IDEM Takes Regarding a Claim of Confidentiality

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 IDEM Commissioner's determination.