Alabama Trade Secrets: What you need to know

Governing Law and Regulations

Alabama Air Pollution Control Act (AAPCA), Alabama Code (Ala. Code) 22-28-20

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Alabama Hazardous Waste Management and Minimization Act (AHWMMA), Ala. Code 22-30-9, Ala. Code 22-30-18

Alabama Underground Storage Tank and Wellhead Protection Act (AUSTWPA), Ala. Code 22-36-8

Alabama Water Pollution Control Act (AWPCA), Ala. Code 22-22-9; Alabama Administrative Code (Ala. Admin. Code r) 335-6-15-.40

Availability of records: Ala. Admin. Code r 335-1-1-.06

Appeal of denial to view records: Ala. Admin. Code r 335-2-1-.14

Trade secrets:

Definition: Ala. Code 22-30-3(13)

Underground injection wells (UIWs): Ala. Admin. Code r 335-6-8-.30

Regulatory Agency

Alabama Department of Environmental Management (ADEM)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

• Rules. Alabama generally follows the federal trade secret regulations, including trade secret claims under the federal Emergency Planning and Community Right-to-Know Act (EPCRA). The Alabama Department of Environmental Management (ADEM) may disclose any information containing trade secrets to federal, state, or local agencies when needed for the administration of environmental laws or regulations. The Department does not allow a claim of confidentiality for data describing underground injection well (UIW) fluids or pollutants injected or to be injected. A claim for confidentiality should be made at the time the information is submitted to ADEM. See the national section TRADE SECRETS for federal requirements.

Several states treat environmental audit results as privileged information that is protected from disclosure. See the state section AUDITS

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State Requirements

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Alabama Trade Secrets Resources

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