(2) Unless classified by the director as confidential, any records, reports or information obtained under ORS 466.706 to 466.882 and 466.994 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, processes or information entitled to protection as trade secrets under ORS 192.338, 192.345 and 192.355, 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 any other officer, medical or public safety employee or authorized representative of the state concerned with carrying out ORS 466.706 to 466.882 and 466.994 or when relevant in any proceeding under ORS 466.706 to 466.882 and 466.994.

(3) Any record, report or information obtained or used by the department or the Environmental Quality Commission in administering the statewide underground storage tank program under ORS 466.706 to 466.882 and 466.994 shall be available to the United States Environmental Protection Agency upon request. If the record, report 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 for the requested record, report or information. The federal agency shall treat the record, report or information subject to the confidentiality claim as confidential in accordance with applicable federal law. [Formerly 468.910]