Nebr. Rev. Stat. § 81-1527 and § 84-712.05 provide that certain records or information may be entitled to protection as trade secrets with confidential treatment by the Nebraska Department of Environmental Quality (NDEQ).
This form, or its equivalent, must be completed and submitted to the NDEQ with the material for which confidentiality is requested. The completed form provides information needed to enable NDEQ to determine the eligibility of application materials for confidentiality. NDEQ may request additional information or clarification.
The confidentiality request process must be followed EACH TIME confidential material is submitted.
This form, or its equivalent, is a public record when received by NDEQ.
By law, the following information is never eligible for confidential treatment:
NDEQ has determined that the following information is not entitled to confidential treatment:
- Emission data, draft and issued permits under the Clean Air Act
- Effluent data, permit applications, draft and issued permits under the National Pollutant Discharge Elimination System (NPDES) pursuant to the Clean Water Act
NOTE: Even if confidentiality is approved by NDEQ, any information received by NDEQ may be used by NDEQ in compiling or publishing analyses or summaries as long as the owners/operators are not identified and the analyses/summaries do not reveal any information that is otherwise confidential. Furthermore, NDEQ is authorized by law to allow the US-EPA to inspect NDEQ’s confidential records.
- Potential to Emit, Quantity of Emissions
- Names of contaminants and regulated air pollutants
- Applicant name and contact information
- Items that can be viewed from off the property (examples: stack heights, external tanks)
- Items identified in previous permits, a facility file, or otherwise readily available to the public