Industrial secrets confidential

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  1. (a)

    1. (1)

      1. (A) Any information that constitutes a trade secret under § 4-75-601 et seq. that is obtained by the employees of the Department of Energy and Environment, the Division of Environmental Quality, or the Arkansas Pollution Control and Ecology Commission in the administration of this chapter shall be kept confidential, except for emission data that is submitted to the state, local agency, or the United States Environmental Protection Agency, which is otherwise obtained by any of those agencies pursuant to the Clean Air Act.

      2. (B) Only such emission data is to be publicly available.

    2. (2)

      1. (A) The manner and rate of operation of the source, if such information is a trade secret, shall be kept confidential.

      2. (B) Provided, that the identity, amount, frequency, and concentration of the emissions is publicly available.

  2. (b) Any violation of this section is a misdemeanor punishable under § 8-4-103.


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