PLACER COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 409 - PUBLIC RECORDS
(Adopted 11/12/74; Revised 05/24/77)

A.   All information, analysis, plans or specifications that

     disclose the nature, extent, quantity, or degree of air

     contaminants or other pollution which any article, machine,

     equipment, or other contrivance will produce which the

     District requires any applicant to provide before such

     applicant builds, erects, alters, replaces, operates, sells,

     rents, or uses such article, machine, equipment, or other

     contrivances, are public records.



B.   All air or other pollution monitoring data, including data

     compiled from stationary sources, are public records.



C.   Except as otherwise provided in (D), trade secrets are not

     public records under this Regulation.  Trade secrets as used

     in this Regulation may include, but are not limited to any

     formula, plan, pattern, process, tool, mechanism, compounds,

     procedure, production rate or compilation of information which

     is not patented, which is known only to certain individuals

     within a commercial concern who are using it to fabricate,

     produce, or compound an article of trade or a service having

     commercial value and which gives its user an opportunity to

     obtain a business advantage over competitors who do not know

     or use it.  The owner or operator shall state in writing the

     justification for claiming material as trade secrets and such

     justification shall be public record.  The Air Pollution

     Control Officer shall rule on the validity of trade secret

     claims. Requests from the public for records shall be specific

     and in sufficient detail to enable the District to readily

     identify the information requested.



D.   Notwithstanding any other provision of the law, all air

     pollution emission data, including those emission data which

     constitute trade secrets as defined in (C), are public

     records.  Production data used to calculate emission data are

     not emission data for purposes of this subdivision and data

     which constitutes trade secrets and which are used to

     calculate emission data are not public records.