KERAPCD RULE 103 CONFIDENTIAL INFORMATION 
LAST REVISED 08/31/76


RULE 103  Confidential Information -Adopted 4/18/72, Amended
          8/31/76

I.    Public Records

      All information, analyses, 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 any air pollution control
      district or any other state or local agency or
      district requires any applicant to provide before
      such applicant builds, erects, alters, replaces,
      operates, sells, rents, or uses such article,
      machine, equipment, or other contrivance, are public
      records.

      All air and other pollution monitoring data,
      including data compiled from stationary sources, are
      public records.

II.   Confidential Information

      Trade secrets are not public records under this
      Rule.  Trade secrets may include, but are not
      limited to, any formula, plan, pattern, process
      tool, mechanism, compound, procedure, production
      data, 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.

      All air pollution emission data, including those
      emission data which constitute trade secrets, as
      defined in the above paragraph, are public records. 
      Data used to calculate emission data are not
      emission data for the purpose of this subdivision
      and data which constitute trade secrets and which
      are used to calculate emission data are not public
      records.

III.  Requests For Confidentiality

      Any person furnishing any records may label as
      "trade secret" any part of those records which are
      entitled to confidentiality.  Written justification
      for the "trade secret" designation shall be
      furnished with the records so designated and the
      designation shall be public record.  The
      justification shall be as detailed as possible
      without disclosing the trade secret; the person may
      submit additional information to support the
      justification, which information, upon request, will
      be kept confidential in the same manner as the
      record sought to be protected.

      Upon the receipt of an (Application for
      "Confidential" Classification of Source Data) the
      Air Pollution Control Officer shall, within ten (10)
      working days, notify the applicant of his ruling. 
      In cases of rejection, the Air Pollution Control
      Officer shall promptly notify the person making the
      justification, in writing, that the records in
      question shall, within twenty-one (21) days be
      subject to public inspection unless a justification
      is received and accepted.