Technical Support Document

for

EPA’s Direct Final Rulemaking

for the

California State Implementation Plan

Monterey Bay Unified Air Pollution Control District

Rule 900, Inspection of Public Records — Disclosure Policy

Rule 901, Public Records — Definitions

Rule 902, Districts Request for Information

Rule 903, Inspection of Public Records — Disclosure Procedure

Rule 904, Trade Secrets — Procedure When Inspection is

Requested

Prepared by: Cynthia G. Allen

Reviewed by: Andrew Steckel

November 1, 2012
• Rule 900, Inspection of Public Records — Disclosure Policy

• Rule 901, Public Records — Definitions

• Rule 902, Districts Request for Information• Rule 903, Inspection of Public Records — Disclosure Procedure• Rule 904, Trade Secrets — Procedure When Inspection is Requested

Applicable SIP Rules:

The following MBUAPCD rules listed below were submitted on February 6, 1985 and

approved into the Applicable SIP on July 13, 1987 (52 FR 26148).

• Rule 900, Inspection of Public Records — Disclosure Policy (originally adopted on

December 13, 1984)

• Rule 901, Public Records — Definitions (originally adopted on December 13,

1984)

• Rule 902, Districts Request for Information (originally adopted on December 13,

1984)

• Rule 903, Inspection of Public Records — Disclosure Procedure (originally

adopted on December 13, 1984)

• Rule 904, Trade Secrets — Procedure When Inspection is Requested (originally

adopted on December 13, 1984)

Rule Summary

Rule 900, Inspection of Public Records, required that all District records be opened for

public inspection with the least possible delay and expense to the requesting party.

Rule 901, Public Records — Definitions, defines what is considered a public record as

defined by statutory or case law, as containing information relating to the conduct of the

public’s business prepared, owned, used or retained by the District.
Rule 904, Trade Secrets — Procedure When Inspection is Requested, required that only

those portions of records in the custody of the District which are not emission data and

which are labeled “trade secret” shall be subject to the procedures set forth in this rule.

Purpose of Rule RescissionsMBUAPCD is repealing the rules listed above. These rules are being repealed because

the District has updated their Public Records Request Procedures pursuant to changes

made to the California Public Records Act. These updated Public Records Request

Procedures are included in the District’s Manual of Procedures.

When the Pyblic Records Request Procedures were updated and incorporated into the

Manual of Procedures, it wasan oversightthat the 900 series rules were not repealed.EPA Evaluation

There will be no effect on air pollution emissions from the repealing of these rules since

the changes are administrative. The SIP still requires procedures on how to obtain

public records and those procedures can be found in MBUAPCD Rule 212, Public

Availability of Emission Data.

EPA is recommending approval of rescission of MBUAPCD Rules 900, 901, 902, 903,

and 904 under section 110(k) as meeting the requirements of section 110(a) and Part Dof the Clean Air Act, as amended in 1990.

Attachments

1. Submitted Rule 900, Inspection of Public Records — Disclosure Policy;

Rule 901, Public Records — Definitions;

Rule 902, Districts Request for Information;

Rule 903, Inspection of Public Records — Disclosure Procedure; andRule 904, Trade Secrets — Procedure When Inspection is Requested.

2. SIP Approved Rule 900, Inspection of Public Records — Disclosure Policy;

Rule 901, Public Records — Definitions;Rule 902, Districts Request for Information;

Rule 903, Inspection of Public Records — Disclosure Procedure; and

Rule 904, Trade Secrets — Procedure When Inspection is Requested.

(Adopted April 20, 2005)

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