MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 212 - PUBLIC AVAILABILITY OF EMISSION DATA
(Adopted 9-1-74; Revised 12-13-84)

  1. In accordance with provisions of the Government Code Section 6254.7, 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 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 contrivance, are public records.
  2. All air or other pollution monitoring data, including data compiled from stationary sources are public records.
  3. Except as otherwise provided in part 4. below, trade secrets are not public records under the regulation.  Trade secrets as used in these rules and regulations, 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. The owner or operator shall state in writing his 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 within 15 days after receipt of the request.  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 21 days be subject to public inspection unless a justification is received and accepted.

  4. Notwithstanding any other provisions of the law, all air pollution emission data, including these emission data which constitute trade secrets as defined in part 3. above are public records.  Data used to calculate emission data are not emissions data for purposes of this rule and data which constitute trade secrets and which are used to calculate emission data are not public records.
  5. Upon request, any specific public records in the possession of the District will be made available to the public within 15 days.  If, for good cause, the information cannot be made available within the 15 days, the Air Pollution Control Officer shall notify the requesting person of the reason for the delay and when the information will be available.  Requests from the public for records shall be in writing, shall be specific and in sufficient detail to enable the District to readily identify the information requested.

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