Section 15188 - Reporting Requirements Business Responsibilities (California Code of Regulations)

§ 15188. Reporting Requirements Business Responsibilities

(a) Regulated businesses are required to meet the reporting requirements of any applicable Unified Program element.

(b) Regulated businesses shall report required data applicable to their business to the UPA by electronic submission of the data elements described in the Data Dictionary.

(c) The business shall verify the accuracy of the data and documents submitted.

(d) Regulated businesses shall comply with the established reporting timeframes (HSC, division 20, chapter 6.95, sections 25504, 25507, 25507.2, 25508, 25508.2 and 25512, effective January 1, 2014) or events (HSC, division 20, chapter 6.95, section 25508.1, effective January 1, 2014) that trigger the requirements for businesses to submit information required as a part of the Data Dictionary. An UPA may establish other specific dates for submission of information consistent with state and federal law.

(e) If a business believes a chemical or mixture reported in a Hazardous Material Business Plan CERS submittal to be trade secret, the business shall complete and include the Trade Secret Disclosure form (Appendix C) with the Hazardous Material Business Plan CERS submittal. The Trade Secret Disclosure (TSD) form must be completed, signed and uploaded in CERS for each chemical or mixture claimed to be trade secret at the time of submitting the Hazardous Material Business Plan CERS submittal.

(1) For purposes of this subdivision, trade secret is defined in HSC sections 25512(a) and (b), Cal. Gov. Code section 6254.7(d), Evidence Code section 1061(a)(1) and Cal. Civil Code section 3426.1(d).

(2) The TSD form shall provide the following information:

(A) Chemical or common name(s) of the chemical or mixture believed to be trade secret.

(B) Whether the chemical or mixture is part of any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that is believed to be trade secret.

(C) Whether any information about the chemical or mixture is part of a patent. If so, an explanation as to why the chemical or mixture is still believed to be trade secret.

(D) Whether the chemical or mixture is known only to certain individuals with a commercial concern who are using it to fabricate, produce, or compound an article of trade.

(E) Whether and how the chemical or mixture derives independent economic value, commercial value, or a business advantage, actual or potential, in the process it is used. If not, an explanation as to why the chemical or mixture is still believed to be trade secret.

(F) Whether the chemical or mixture is generally known to the public or to other persons who can obtain economic value from its disclosure or use. If so, an explanation as to why the chemical or mixture is still believed to be trade secret.

(G) An explanation of how the business is making reasonable efforts to maintain the secrecy of the chemical or mixture.

(3) For reporting trade secret information relating to the UST Program, refer to CCR, title 23, section 2714.

(4) For reporting trade secret information relating to the CalARP Program and submittal of information in a risk management plan by a stationary source, refer to HSC chapter 6.95, section 25538.

(5) For reporting trade secret information relating to methods of hazardous waste handling and disposal as described in HSC, chapter 6.5, section 25173, refer to HSC chapter 6.8, section 25358.2.

(f) Other documents may also be required by federal and state statutes and regulations or by local ordinance.

(1. New section filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day. 2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and filed 5-14-99 (Register 99, No. 20). 3. Repealer and new section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15). 4. Amendment of section heading and repealer and new section filed 12-17-2013; operative 12-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51). 5. Amendment of subsections (b) and (d), new subsections (e)-(e)(5), subsection relettering and amendment of Note filed 6-14-2018; operative 7-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 24).)

Note: Authority cited: Sections 25404(b), 25404(c), 25404(d), 25404(e) and 25404.6(c), Health and Safety Code. Reference: Sections 3426.1(d)(1) and 3426.1(d)(2), Civil Code; Section 2714, Cal. Code of Regs.; Section 6254.7(d), Government Code; Section 1061(a)(1), Evidence Code; and Sections 25173, 25358.2, 25505, 25512(a), 25512(b) and 25538, Health and Safety Code.

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