Section 24-709. Trade Secrets

(a) Any person required under section 24-706
  to submit information to the department may withhold from such submittal
  the specific chemical identity of a hazardous substance,  including  the
  chemical name and other specific identification, if such information has
  been  withheld  as  a  trade  secret  pursuant  to section three hundred
  twenty-two of the emergency planning and community right-to-know act  of
  nineteen  hundred eighty-six (42 U.S.C. section 11001, et seq.), article
  forty-eight of the public health law  or  article  twenty-eight  of  the
  labor  law.  No  person  shall be entitled to withhold such trade secret
  information from such submittal unless such person demonstrates  to  the
  satisfaction  of  the  commissioner  that  such  information has been so
  determined to  be  a  trade  secret  and  that  such  person  has  taken
  reasonable  measures  to protect the confidentiality of such information
  and intends to continue to take  such  measures.  The  commissioner  may
  grant  a  temporary  extension  of  not  more  than thirty days from the
  reporting requirements of section 24-706 for  the  purpose  of  allowing
  such person to make such demonstration.
    (b)  With respect to any information not withheld as a trade secret in
  the  manner  described  by  subdivision  (a)  of   this   section,   the
  commissioner  may  withhold  from disclosure, pursuant to article six of
  the public officers law, (i)  specific  chemical  identities,  including
  chemical  names  and other specific information, which are trade secrets
  which if disclosed would cause substantial  injury  to  the  competitive
  position  of  a  commercial  enterprise  or  (ii)  methods  or processes
  described in plans filed pursuant to  section  24-718  of  this  chapter
  entitled   to  protection  as  trade  secrets.  The  commissioner  shall
  promulgate by rule a procedure for implementing the provisions  of  this
  subdivision.  The subdivision shall not be construed to affect, limit or
  modify in any manner the reporting requirements of section 24-706.
    (c) 1. Notwithstanding any other  provision  of  this  section,  in  a
  response  to  an  emergency  caused  by  the  presence  or  release of a
  hazardous  substance,  the  commissioner   shall   make   trade   secret
  information  about  such hazardous substance available, upon request, to
  emergency response personnel responding to such an emergency.
    2. Notwithstanding any  other  provision  of  this  section,  for  the
  purpose  of medical diagnosis or treatment of an individual exposed to a
  hazardous substance, where the commissioner has withheld any information
  from disclosure pursuant to subdivision (b) of this section, the  person
  submitting  such  information  to  the  department  shall  upon  request
  disclose such information to medical personnel,  including  doctors  and
  nurses, treating such an individual.
    (d)  Except  as  is  necessary  for the internal administration of the
  department or as is  otherwise  provided  by  subdivision  (c)  of  this
  section,  or by federal, state or local law, no person shall disclose to
  any other person any information, record or portions thereof received by
  the  department  pursuant  to  this  chapter  and  determined   by   the
  commissioner  to  be  a trade secret pursuant to subdivision (b) of this
  section. Each person having  access  to  such  information  or  records,
  including  persons  receiving  such  information  or records pursuant to
  subdivision (c) of this section, shall,  in  a  written  confidentiality
  agreement with the person submitting such information to the department,
  agree  that  he  or  she will not use the information, record or portion
  thereof for any  purpose  other  than  internal  administration  of  the
  department,  response  to an emergency caused by the presence or release
  of a hazardous substance, or medical diagnosis or treatment. In the case
  of a medical emergency,  a  written  confidentiality  agreement  is  not
  required  as a precondition of disclosure pursuant to subdivision (c) of

  this section, but shall be entered into  by  the  person  receiving  the
  information as soon as circumstances permit.
    (e)  Nothing  in this section shall be constructed to affect, limit or
  modify in any manner the disclosure  of  any  information  to  a  health
  professional  to  the  extent  such disclosure is required or authorized
  pursuant to section three hundred twenty-three of the emergency planning
  and community right-to-know  act  of  nineteen  hundred  eighty-six  (42
  U.S.C. section 11001, et seq.).