2023 Delaware Code › Title 16 - Health and Safety › Chapter 63. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › § 6308. Data collection and management.

§ 6308. Data collection and management.
(a) The Department is hereby designated as the state agency responsible for the collection and management of all information reported under the requirements established within this chapter.
(b) The Department is hereby authorized to assess reasonable charges for public requests for data collected under this chapter to cover the costs associated with filling such requests.
(c) The State Emergency Response Commission shall oversee the collection and management of information by the Department under subsection (a) of this section.
(d) The Department may establish procedures for the submission of information under this chapter by computerized and electronic methods, including, but not limited to, the submission of information on magnetic media. The submission of information in accordance with such procedures by owners or operators of facilities covered by the requirements of this chapter shall satisfy the associated requirement to submit the information in a paper format.
(e) The requirements of this chapter are intended to provide information to state and local government organizations to support emergency planning and response activities; to assist governmental agencies, researchers and other persons in the conduct of research and data gathering; to aid in the development of appropriate regulations, guidelines and standards; and for other similar purposes. In addition, the reports and information collected under this chapter are to be made available to the public, including citizens of communities surrounding covered facilities, consistent with subsections (f), (g) and (h) of this section to promote public participation in identifying, preparing for and managing chemical risks in the community.
(f) With regard to a hazardous chemical, an extremely hazardous substance or a toxic chemical, any person required under this chapter to submit information to any other person may withhold from such submittal the specific chemical identity (including the chemical name and other specific identification) providing such person successfully demonstrates, to the satisfaction of the Secretary and in accordance with regulations prescribed under § 6313 of this title, each of the following:
(1) Such person has not disclosed the information to any other person other than a member of a local emergency planning committee, an officer or employee of the United States or a State or local government, an employee of such person, or a person who is bound by a confidentiality agreement, and such person has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures.
(2) The information is not required to be disclosed or otherwise made available to the public under any other federal or state law.
(3) Disclosure of the information is likely to cause substantial harm to the competitive position of such person.
(4) The chemical identity is not readily discoverable through reverse engineering.
(g) Any person withholding information under subsection (f) of this section must submit to the Secretary the following:
(1) A copy of the relevant submittal.
(2) The information such person believes is entitled to be withheld under subsection (f) of this section.
(3) A detailed explanation of how such information meets the criteria established under subsection (f) of this section.
(h) Upon request by an owner or operator of a facility subject to the requirements of § 6306, the location of any specific chemical required to be contained in an inventory form under § 6306 shall be withheld from disclosure.
(i) Any such record, report or information accorded confidential treatment under this section may be disclosed or transmitted to other officers, employees or authorized representatives of federal, state or local government organizations, including local emergency planning and response organizations concerned with carrying out this chapter or when relevant in any proceeding to effectuate the intent of this chapter. Any such record, report or information may also be disclosed or transmitted to health care professionals as necessary for possible emergency medical situations.
(j) Any person to whom confidential information is provided under this section shall maintain the confidentiality of the information. Such persons may be required to agree in a written confidentiality agreement that the information will be used for no purpose other than to carry out the intent of this chapter.
68 Del. Laws, c. 184, §  1;  71 Del. Laws, c. 59, §  1;