A. The privilege described in this chapter does not apply to:
1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under an environmental law.
2. Information obtained by observation, sampling or monitoring by a regulatory agency.
3. Information obtained from a source not involved in the preparation of the environmental audit report.
B. This section does not limit the right of a person to agree to conduct and disclose an audit report.