[§342B-31]  Government records; confidentialinformation.  (a)  The department shall make all government recordsmaintained pursuant to this chapter open to public inspection in accordancewith chapter 92F unless access is restricted or closed by law.

(b)  Except as provided in subsection (c), thefollowing permit program documents are deemed to be government records:

(1)  Permit applications and all supportinginformation;

(2)  Compliance plans (including schedules ofcompliance);

(3)  Emissions or compliance monitoring reports;

(4)  Certifications;

(5)  Permits; and

(6)  Any other information submitted to the departmentpursuant to the permit program.

(c)  Upon a showing satisfactory to thedirector by any person that records, reports, or information, or particularpart thereof (other than emission data), to which the director has accesspursuant to this chapter, contain information of a confidential natureconcerning secret processes or methods of manufacture, these records, reports,or information shall be kept confidential except that such record, report, orinformation may be disclosed to other officers or employees of the departmentand EPA concerned with carrying out this chapter or when relevant in anyproceeding pursuant to this chapter.  The contents of the permit itself shallnot be entitled to confidentiality protection.

(d)  No records, reports, or information forwhich confidentiality is claimed by the person from whom they are obtainedshall be disclosed until such person has received reasonable notice under theprocedures set forth in 40 Code of Federal Regulations Part 2, section 2.201 etseq. and has had the opportunity to demonstrate why these should not bedisclosed, including a reasonable opportunity to obtain judicial relief.  Inany such proceedings, confidentiality shall be accorded to any documents whichsatisfy the criteria set forth in 40 Code of Federal Regulations Part 2 or anyrules adopted by the department pursuant to chapter 91.

(e)  Any officer, employee, or agent of the departmentacquiring confidential information from any inspection authorized by section342B-41 who divulges the information except as authorized in this chapter orexcept as ordered by a court or at an administrative hearing regarding analleged violation of this chapter or of any rule or standard adopted pursuantto this chapter shall be fined not more than $1,000.

(f)  The provisions of sections 92F-16 and92F-17 shall apply to any officer, employee, or agent of the departmentacquiring any confidential information as defined in this section. [L 1992, c240, pt of §1]