7 Del. Admin. Code § 1201-2.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1201-2.0 - Purpose

2.1 The purpose of this regulation is to protect lives and the health of citizens of the state living and working in the vicinity of stationary sources having regulated substances on site. This regulation is concerned with the prevention of sudden releases of regulated substances and the generation of pressure waves and thermal exposure beyond the property boundaries of the stationary source where they occur and the catastrophic health consequences caused by short-term exposures to such accidental releases. This regulation has the goal of prevention of such catastrophic events by requiring owner or operator having regulated substances on-site to take all feasible actions needed to minimize the probability of catastrophic events. It is the intent of this regulation to complement and be enforced in conjunction with other laws.

2.2 It is also the secondary purpose of this regulation to adopt the necessary language to allow the Department to seek delegation of the United States Environmental Protection Agency authority for 40 CFR Part 68, "Chemical Accident Provisions" revised as of April 9, 2004 for the administration of the sections of this rule which can be delegated to the State.

2.3 This regulation has two parts. The first part (consisting of Section 5) deals with adopting the federal language to allow delegation of the federal program. The second part (consisting of Section 6) uses state authority to extend beyond 40 CFR Part 68 to continue to regulate substances that were previously regulated by the Delaware "Regulation for the Management of Extremely Hazardous Substances", as revised on December 18, 1995. The accidental release prevention activities (the prevention program or the risk management program) are the same for processes subject to either Section 5.0 or Section 6.0. Section 6.0 also contains reporting requirements for a process having regulated substances that are subject to the State criteria but not the federal criteria.

7 Del. Admin. Code § 1201-2.0