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



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



(1)  Permit applications and all supporting
information;



(2)  Compliance plans (including schedules of
compliance);



(3)  Emissions or compliance monitoring reports;



(4)  Certifications;



(5)  Permits; and



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



(c)  Upon a showing satisfactory to the
director by any person that records, reports, or information, or particular
part thereof (other than emission data), to which the director has access
pursuant to this chapter, contain information of a confidential nature
concerning secret processes or methods of manufacture, these records, reports,
or information shall be kept confidential except that such record, report, or
information may be disclosed to other officers or employees of the department
and EPA concerned with carrying out this chapter or when relevant in any
proceeding pursuant to this chapter.  The contents of the permit itself shall
not be entitled to confidentiality protection.



(d)  No records, reports, or information for
which confidentiality is claimed by the person from whom they are obtained
shall be disclosed until such person has received reasonable notice under the
procedures set forth in 40 Code of Federal Regulations Part 2, section 2.201 et
seq. and has had the opportunity to demonstrate why these should not be
disclosed, including a reasonable opportunity to obtain judicial relief.  In
any such proceedings, confidentiality shall be accorded to any documents which
satisfy the criteria set forth in 40 Code of Federal Regulations Part 2 or any
rules adopted by the department pursuant to chapter 91.



(e)  Any officer, employee, or agent of the department
acquiring confidential information from any inspection authorized by section
342B-41 who divulges the information except as authorized in this chapter or
except as ordered by a court or at an administrative hearing regarding an
alleged violation of this chapter or of any rule or standard adopted pursuant
to this chapter shall be fined not more than $1,000.



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