40 CFR § 122.7 - Confidentiality of information.

---
identifier: "/us/cfr/t40/s122.7"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 122.7 - Confidentiality of information."
title_number: 40
title_name: "Protection of Environment"
section_number: "122.7"
section_name: "Confidentiality of information."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "122"
part_name: "EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "The Clean Water Act, 33 U.S.C. 1251"
regulatory_source: "48 FR 14153, Apr. 1, 1983, unless otherwise noted."
cfr_part: "122"
---


# 122.7 Confidentiality of information.

(a) In accordance with 40 CFR part 2, any information submitted to EPA pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words “confidential business information” on each page containing such information. If no claim is made at the time of submission, EPA may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR part 2 (Public Information).

(b) *Applicable to State programs, see § 123.25.* Claims of confidentiality for the following information will be denied:

(1) The name and address of any permit applicant or permittee;

(2) Permit applications, permits, and effluent data.

(c) *Applicable to State programs, see § 123.25.* Information required by NPDES application forms provided by the Director under § 122.21 may not be claimed confidential. This includes information submitted on the forms themselves and any attachments used to supply information required by the forms.