(A) Any records, reports or information obtained under the Air Quality Control Act or §§ 9-5-1-1 et seq. by the Board or the Department shall be available to the public, except that upon a satisfactory showing by any person to the Director or the Board that records, reports or information, except emission data, or particular parts thereof, to which the Director or the Board has access under the Air Quality Control Act, if made public would divulge confidential business records or methods or processes entitled to protection as trade secrets of that person, the Director or the Board, as applicable, shall consider such record, report or information, or particular portion thereof, confidential in accordance with the provisions of Section 14-2-1 NMSA 1978 and 18 U.S.C. Section 1905, except that such record, report or other information may be disclosed:
(1) To other officers, employees or authorized representatives of the Department or the Board concerned with carrying out the Air Quality Control Act;
(2) To officers, employees or authorized representatives of the United States Environmental Protection Agency concerned with carrying out the Federal Act; or
(3) When relevant, in any proceeding under the Air Quality Control Act or the Federal Act.
(B) The Board shall adopt regulations to implement this section, including regulations specifying those business records entitled to treatment as confidential records.
('74 Code, § 6-16-11) (Ord. 13-1975; Am. Ord. 45-1984; Am. Ord. 65-1993)