(2) Unless classified by the Director of the Department of Environmental Quality as confidential, any records, reports or information obtained under ORS 466.005 to 466.385 and 466.992 shall be available to the public. Upon a showing satisfactory to the director by any person that records, reports or information, or particular parts thereof, if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the director shall classify as confidential such record, report or information, or particular part thereof. However, such record, report or information may be disclosed to other officers, employees or authorized representatives of the state concerned with carrying out ORS 466.005 to 466.385 and 466.992 or when relevant in any proceeding under ORS 466.005 to 466.385 and 466.992.

(3) Records, reports and information obtained or used by the department or the Environmental Quality Commission in administering the state hazardous waste program under ORS 466.005 to 466.385 and 466.992 shall be available to the United States Environmental Protection Agency and the federal Agency for Toxic Substances and Disease Registry, upon request. If the records, reports or information has been submitted to the state under a claim of confidentiality, the state shall make that claim of confidentiality to the Environmental Protection Agency and the Agency for Toxic Substances and Disease Registry for the requested records, reports or information. The federal agencies shall treat the records, reports or information that is subject to the confidentiality claim as confidential in accordance with applicable federal law. [Formerly 459.460; 1987 c.540 §8]