1. (a) Any person who asserts a trade secret when submitting or providing any information or documentation pursuant to chapter 6.7 of division 20 of the Health and Safety Code or this chapter must provide all information which the person believes is a trade secret along with a legal justification for the request for confidentiality. Information which must be provided includes, but is not limited to:

   1. (1) Identification of those portions of the information which are believed to be trade secrets;
   2. (2) The length of time this information should be treated as confidential;
   3. (3) Measures that have been taken to protect this information as confidential; and
   4. (4) A discussion of why this information is subject to trade secret protection, including references to statutory and case law as appropriate.
2. (b) If the Unified Program Agency, Regional Board, or the Board receives a request for trade secret protection that it determines is clearly valid, the agency must give the trade secret protection as discussed in subdivision (f).
3. (c) If the Unified Program Agency, Regional Board, or the Board receives a request for trade secret protection that it determines is clearly frivolous, the agency must send a letter to the applicant stating that the information will not be treated as a trade secret unless the agency is instructed otherwise by a court within 10 working days of the date of the letter.
4. (d) If the validity of the request for trade secret protection is unclear, the Unified Program Agency, Regional Board, or the Board will inform the person claiming trade secrecy that the burden is on the applicant to justify the claim. The applicant must be given a fixed period of time to submit the additional information as the agency may request. The agency must then evaluate the request on the basis of the definition of “trade secrets” contained in section 25290 of the Health and Safety Code and must issue its decision. If the agency determines that the information is not a trade secret, it must act in accordance with subdivision (c).
5. (e) All information received for which trade secrecy status is requested must be treated as confidential as discussed in subdivision (f) until a final determination is made.
6. (f) Information which has been found to be confidential, or which is being reviewed to determine if confidentiality should exist, must be immediately filed in a separate “confidential” file. If a document or portion of a document is placed in a confidential file, a notation must be included in the file indicating that further information is in the confidential file.
7. (g) Information contained in confidential files must only be disclosed to authorized representatives of the applicant or other governmental agencies in connection with the Unified Program Agency's, Regional Board's, or the Board's responsibilities pursuant to chapter 6.7 of division 20 of the Health and Safety Code or division 7 of the Water Code.
8. (h) Nothing contained herein will limit an applicant's right to prevent disclosure of information pursuant to other provisions of law.

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25290, 25296.35 and 25404, Health and Safety Code.

History

1. New section filed 10-28-2025; operative 1-1-2026 (Register 2025, No. 44).