The privilege described in § 8-1-303 does not apply to the following:
(1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to the public or a regulatory agency under:
(A) Federal or state law or extensions thereof;
(B) A rule or standard adopted by the Arkansas Pollution Control and Ecology Commission;
(C) A determination, a permit, or an order made or issued by the commission or the Director of the Division of Environmental Quality; or
(D) Any other federal, state, or local law, permit, or order;
(2) Information obtained by observation, sampling, or monitoring by any regulatory agency; and
(3) Information obtained from a source independent of the environmental audit.