Does your facility claim any trade secrets in Tier II reports, TRI reports, etc.? If your answer is yes, make sure you are submitting the correct documentation! NDEQ released a new form this month (Form #18-031) which must be completed and submitted to the NDEQ each time confidentiality is requested. Keep in mind NDEQ does not consider the following to be confidential:

  • 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;
  • 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); and/or
  • Items identified in previous permits, a facility file, or otherwise readily available to the public.

To download the confidentiality request form, click here. If you have any questions on trade secrets or need help requesting confidentiality, contact Trinity's Kansas City Office at (913) 894-4500.