(a) Any records, reports, or information obtained by the Arkansas Department of Environmental Quality or its employees in the administration of this subchapter, except release data, shall be kept confidential upon a showing satisfactory to the Director of the Arkansas Department of Environmental Quality that the records, reports, or information would constitute a trade secret under the Arkansas Trade Secrets Act, § 4-75-601 et seq.
(b) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the department under the provisions of this subchapter.
(c) The provisions of this section shall not be construed to limit the department's authority to release confidential information during emergency situations.
(d) Any violation of this section shall be unlawful and shall constitute a misdemeanor.
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