MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 902 - DISTRICT'S REQUEST FOR INFORMATION
(Adopted 3-8-84)

  1. When requesting information for determining the amount of air contaminants from a non-vehicular source pursuant to Health & Safety Code Section 41511, et seq., or Regulation II of the District's Rules and Regulations, the District shall give notice to the source in writing that the information provided may be released:
    1.1. to the public upon request, except for trade secrets which do not constitute emissions data;
    1.2. to the California Air Resources Board; and,
    1.3. to the Federal Environmental Protection Agency, which protects trade secrets as provided in the Clean Air Act, Section 114(c), as amended in 1970 in 40 Code of Federal Regulations, Chapter 1, Part 2.
  2. Any person or source from whom the District obtains any records may label as "trade secret" any part of those records which is entitled to confidentiality pursuant to Government Code Section 6254.7 and Rule 901 hereinabove.  Written justification for the "trade secret" designation shall be furnished to the District together with the records so designated.  The justification and the the designation shall be a public record.  The justification shall be as detailed as possible without disclosing the trade secret.  The person or source may submit additional information to support the justification, and such information, upon request, shall be kept confidential in the same manner as the record sought to be protected.

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