Statutes, codes, and regulations
Delaware Administrative Code
Title 7 - Natural Resources and Environmental ControlDivision of Waste and Hazardous SubstancesEmergency Prevention and Response
Accidental Release Prevention Regulation
Section 1201-6.0 - Additional Delaware Accidental Release Prevention Provisions

7 Del. Admin. Code § 1201-6.0

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Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1201-6.0 - Additional Delaware Accidental Release Prevention Provisions

This section is not federally enforceable.

6.1 Applicability
6.1.1 Processes at the stationary source with regulated substances present in more than the threshold quantity as defined by Section 5.130 Table 1 or 2 of this regulation are not subject to Sections 6.1.2, 6.5 or 6.6.
6.1.2 Processes with the regulated substance having any potential release quantity equal to or greater than the sufficient quantities as defined in either Section 6.2 Table 4, Section 6.3 Table 5 or Section 6.4 Table 6 and not subject to Section 5.130 [see 6.1.1], shall:
6.1.2.1 Implement the Risk Management Programs described in Section 5 for appropriate program level;
6.1.2.2 Perform a hazard assessment for the Delaware worst-case as required in 6.5;
6.1.2.3 Submit a Risk Management Plan to the Department that complies with 6.6;
6.1.2.4 Implement Section 5 Subpart E Emergency Response;
6.1.2.5 Implement Section 5.200 Record Keeping; and
6.1.2.6 Implement Section 5.15 Management.
6.1.3 Processes in which ammonia is used as an agricultural nutrient, when held by farmers, is exempt from all provisions of this regulation.
6.2 Additional Delaware Regulated Toxic Substances. Table 4 lists the extremely toxic substances and the sufficient quantities at a distance of 100 meters in pounds per hour that are regulated by the State of Delaware only.
6.2.1 Regulated Delaware Toxic Substances and their Sufficient Quantities in pounds per hour at 100 meters.

Note: T=EPA listed toxic F= EPA listed flammable

Table 4: Regulated Delaware Toxic Substances and Sufficient Quantities

Chemical Name CAS # Sufficient Quantity (lbs/hr) EPA Listed
Acrolein 107-02-8 150 T
Acrylyl chloride 814-68-6 200 T
Allylamine 107-11-9 1500 T
Arsine 7784-42-1 100 T
Bis (chloromethyl ether) 542-88-1 50 T
Boron trichloride 10294-34-5 2100 T
Boron trifluoride 7637-07-2 2000 T
Bromine pentafluoride 7789-30-2 1600
Bromine 7726-95-6 700 T
Bromine chloride 13863-41-7 1000
Carbon disulfide (Liquid) 75-15-0 3500
Carbonyl fluoride 353-58-4 2100
Chlorine 7782-50-5 1300 T
Chlorine dioxide 10049-04-4 200 T
Chlorine pentafluoride 13637-63-3 700
Chlorine trifluoride 7790-91-2 1700
Chloromethyl methyl ether 107-30-2 700 T
Chloropicrin 76-06-2 200
Cyanogen 460-19-5 1600 F
Cyanogen chloride 506-77-4 300 T
Cyanuric fluoride 675-14-9 40
Diazomethane 334-88-3 400
Diborane 19287-45-7 80 T
Dichloroacetylene 7572-29-4 200
Dichlorosilane 4109-96-0 2500 F
Ethylene fluorohydrin 371-62-8 20
Ethyleneinine 151-56-4 1000 T
Fluorine 7782-41-4 600 T
Formaldehyde 50-00-0 700 T
Furan 110-00-9 300 T
Hexafluoroacetone 684-16-2 7500
Hexafluoroacetone 648-16-2 6000
Hydrogen bromide 10035-10-6 3700
Hydrogen chloride (anhydrous) 7647-01-0 5000 T
Hydrogen cyanide 74-90-8 600 T
Hydrogen fluoride 7664-39-3 900 T
Hydrogen selenide 7783-07-5 150 T
Hydrogen sulfide 7783-06-4 3100 T
Iron pentacarbonyl 13463-40-6 200 T
Isopropyl formate 625-55-8 300
Isopropylamine 75-35-1 4000
Ketene 463-51-4 70
Methacryloyl chloride 920-46-7 150
Methacryloyloxethyl isocyanate 30674-00-7 60
Methane sulfenyl choride trichloro- 594-42-3 200
Methyl acrylonitrile 126-98-7 200 T
Methyl bromide 74-83-9 17000
Methyl chloroformate 79-22-1 400 T
Methyl fluoroacetate 453-18-9 60
Methyl fluorosulfate 421-20-5 50
Methyl hydrazine 60-34-4 90 T
Methyl isocyanate 624-83-9 80 T
Methyl mercaptan 74-93-1 4300 T
Methyl vinyl ketone 78-94-4 15
Methyltrichlorosilane 75-79-6 2000 T
Nickel carbonyl 13463-39-3 150
Nitric acid (94.5 wt% or greater) 7697-37-2 300
Nitric oxide 10102-43-9 200 as NO2
Nitrogen oxides 10102-44-0 200 as NO2
Oleum (65 wt% or greater) 8014-95-7 700 as SO3
Osmium tetroxide 20816-12-0 20
Oxygen difluoride 7783-41-7 10
Ozone 10028-15-6 20
Pentaborane 19624-22-7 20
Perchloromethyl mercaptan 594-42-3 150 T
Perchloryl fluoride 7616-94-6 3600
Phosgene 75-44-5 90 T
Phosphine 7803-51-2 150 T
Phosphorous trichloride 7719-12-2 1900 T
Propargyl bromide 106-96-7 10
Sarin 107-44-8 15
Selenium hexafluoride 7783-79-1 900
Stibine 7803-52-3 170
Sulfur dioxide (liquid) 7446-09-5 900 T
Sulfur pentafluoride 5714-22-7 250
Sulfur tetrafluoride 7783-60-0 200 T
Sulfur trioxide 7446-11-9 700 T
Tellurium hexafluoride 7783-80-4 200
Tetrafluorohydrazine 10086-47-2 4700
Thionyl chloride 7719-09-7 1100
Trichloro (chloromethyl) silane 1558-25-4 70
Trichloro (dichlorophenyl) silane 27137-85-5 1800
Trichlorosilane 10025-78-2 3300 F
Trimethoxysilane 2487-98-3 600

6.2.2 Calculation of Sufficient Quantity for Toxic Mixtures.
6.2.2.1 To determine whether a mixture containing an regulated substance is to be regulated, the owner or operator shall calculate the substance hazard index (SHI) as follows:

SHImixture = SHIpure regulated substance X Mole fraction of regulated substance in mixture

As an alternative, the owner or operator may calculate the SHI of the mixture using equilibrium vapor pressure for the pure regulated substance above the mixture at 20×C.

6.2.2.2 If the SHI calculated for the mixture is $8000 then the mixture shall be subject to the provision of this regulation.
6.2.2.3 The sufficient quantity for the mixture shall be calculated as follows:
6.2.3 Calculation of Potential Release Quantity (PRQ). Owners or operators with a regulated toxic substance present in a process that is equal to or greater than the sufficient quantity shall calculate the maximum PRQ in accordance with the provisions of paragraph 6.5.2.8.
6.2.4 Applicability. If any potential release quantity equals or exceeds the sufficient quantity, then the owner or operator shall develop and implement a risk management program in accordance with Section 6.1.2.
6.3 Additional Delaware Regulated Flammable and Combustible Substances
6.3.1 Flammable and Combustible liquids. The following flammable and combustible liquids and gases that are handled, used, produced, or stored equal to or greater than their sufficient quantities shall be regulated.
6.3.1.1 All flammable gases (a regulated flammable substance that exists as a gas at standard pressure and temperature).
6.3.1.2 Flammable and combustible liquids that are held at or above their atmospheric boiling point (benzene, gasoline and hexane have been included in Table 5 as examples of these higher boiling combustible substances which can be regulated if enough is present to form a vapor cloud greater than the sufficient quantity); and
6.3.1.3 Flammable and combustible liquids which are held below ambient temperatures through refrigeration, but whose vapor pressure at 86×F is greater than one atmosphere.
6.3.2 Flammable and combustible liquid exemption. Flammable and combustible liquids handled, used, produced or stored in atmospheric tanks below their atmospheric boiling point without the benefit of chilling or refrigeration are not regulated herein.
6.3.3 Partial list of flammable and combustible liquids. Table 5 lists some of the most common flammable and combustible substances and their sufficient quantity release rates at a distance of 100 meters in pounds per minute.

Table 5: Partial List of Delaware Regulated Flammable Substances

Chemical Name CAS # Boiling Point (EF) Sufficient Quantity (lbs/min) EPA Listed
Acetaldehyde 75-07-0 69 4100 F
Acetylene 74-86-2 -118 1900 F
Ammonia 7664-41-7 -28 6700 T
Benzene 71-43-2 176 2600
1,3 Butadiene 106-99-0 24 2800 F
Butane 106-97-8 31 3000 F
Butene 25167-67-3 21 2800 F
1-Butene 106-98-9 37.8 2700 F
2-Butene 107-01-7 37.8 2700 F
2-Butene trans 624-64-6 34 2800 F
2-Butene cis 590-18-1 38.7 2700 F
Carbon monoxide 630-08-0 -314 10000
2-Chloropropylene [1-Propene, 2-chloro] 557-98-2 73 8000 F
Cyclopropane 75-19-4 -29 2800 F
Difluoroethane [Ethane, 1,1-difluoro-] 75-37-6 -61 7300 F
Dimethylamine 124-40-3 45 3000 F
Dimethylpropane [Propane, 2,2-dimethyl-] 463-82-1 49 2900 F
Ethane 74-84-0 -128 2800 F
Ethyl acetylene 107-00-6 47 3000 F
Ethyamine 75-04-7 62 4000 F
Ethylene 74-85-1 -155 2300 F
Ethylene oxide 75-21-8 51 3300 T
Ethyl chloride 75-00-3 54 4600 F
Gasoline 8006-61-9 100-400 3300
Hexane 100-64-3 156 2800
Hydrogen 1333-74-0 -422 300 F
Isobutane [Propane, 2-methyl] 75-28-5 11 2900 F
Isopentane [Butane, 2-methyl] 78-78-4 82 2900 F
Methane 74-82-8 -259 2500 F
Methylamine 74-89-5 21 3900 F
3-Methyl-1-butene 563-45-1 68 3000 F
Methyl Ether 115-10-6 -11 4200 F
2-Methylpropene [1-Propene, 2-metyh-] 115-11-7 20 2900 F
1.3 Pentadinene 504-60-9 -45 2900 F
Propane 74-98-6 -44 2700 F
Propylene 115-07-1 -53 2600 F
1-Propyne 74-99-7 -10 2200 F
Silane 7803-62-5 -169 2200 F
Tetramethylsilane 75-76-3 80 3600 F
Trimethylamine 75-50-3 38 3000 F
Vinyl chloride 75-35-4 7 5300 F
Vinyl fluoride 75-02-5 -97.5 6000 F
Vinyl methyl ether 107-25-5 43 4100 F

6.3.4 Calculation of the sufficient quantity. The sufficient quantity release rate for all flammable and combustible substances at a distance of 100 meters from the stationary source boundary shall be calculated using the following formula and by using propane as the release rate reference substance:

Click here to view Image

SQRRx = Sufficient Quantity Release Rate for Substance x in lbs vapor/min

SQRRp = Sufficient Quantity Release Rate for Propane in lbs vapor/min

MWx = Molecular weight of Substance X

MWp = Molecular weight of Propane = 44

LFLx = Lower Flammable Limit of Substance X

LFLp = Lower Flammable Limit of Substance Propane = 2.1%

BPx = Boiling Point of Substance X in ×K

BPp = Boiling Point of Propane in ×K = 229EK

HCp = Heat of Combustion of Propane in Btu/lb = 19,944 Btu/lb

HCx = Heat of Combustion of Substance X in Btu/lb

6.3.5 Calculation of Potential Release Quantity. Owners or operators with a regulated flammable or combustible substance present in a process that is equal to or greater than the sufficient quantity shall calculate the maximum PRQ in accordance with the provisions of paragraph 6.5.2.8.
6.3.6 Applicability. If any potential release quantity equals or exceeds the sufficient quantity, then the owner or operator shall develop and implement a risk management program in accordance with Section 6.1.2.
6.4 Delaware Regulated Explosive Substances
6.4.1 Delaware regulated explosive substances are listed in Table 6 with their sufficient quantities in pounds at 100 meters.

Table 6: Delaware Regulated Explosive Substances

Chemical Name CAS # Sufficient Quantity (lbs)EPA Listed
Alkylaluminums (as tri-n-butylaluminum) 1116-70-7 4700
Ammonium perchlorate 7790-98-9 6900
Ammonium nitrate 6484-52-2 6200
Ammonium permanganate 13446-10-1 6900
Bromine trifluoride 7787-71-5 15000
3-Bromopropyne 106-96-7 6100
Butyl Hydroperoxide (tertiary) 75-91-2 3600
Butyl Perbenzoate (tertiary) 614-45-9 6300
Butyl Peroxyacetate (tertiary) 107-71-1 4300
Butyl Peroxypivalate (tertiary) 927-07-1 8600
Cellulose nitrate (not explosive grade) 9004-70-0 2300
Chlorodiethylaluminum 96-10-6 4100
1-Chloro-2,4-dinitrobenzene 97-00-7 3000
Cumene hydroperoxide 80-15-9 4400
Diacetyl peroxide (55% solution) 110-22-5 4200
Dibenzoyl peroxide 94-36-0 6100
Dibutyl peroxide (Tertiary) 110-05-4 4700
Diethylzinc 557-20-0 7700
Diisopropyl peroxydicarbonate 105-64-6 5200
Dilauroyl peroxide 105-74-8 5800
2, 4-Dinitroaniline 97-02-9 3000
1,2-Dinitrobenzene, ortho 528-29-0 2700
1,3-Dinitrobenzene, meta 99-65-0 2700
1,4-Dinitrobenzene, para 100-25-4 2700
2,3-Dinitrotoluene 602-01-7 3100
2,4-Dinitrotoluene 121-14-2 3100
2,5-Dinitrotoluene 619-15-8 3100
2,6-Dinitrotoluene 606-20-2 3100
3,4-Dinitrotoluene 610-39-9 3100
3,5-Dinitrotoluene 618-85-9 3100
Ethyl methyl ketone peroxide 19393-67-0 2700
Ethyl nitrite 109-95-5 2800F
Hydrogen peroxide (52% by weight or greater) 7722-84-1 5700
Hydroxylamine 7803-49-8 2500
2-Nitroaniline, ortho 88-74-4 3800
3-Nitroaniline, meta 99-09-2 3800
4-Nitroaniline, para 100-01-6 3800
Nitroethane 79-24-3 2800
Nitromethane 75-52-5 2300
Perchloric acid 7601-90-3 12000
Peroxyacetic Acid (60% acetic acid solution) 79-21-0 3200T
Picric acid 88-89-1 2500
Propyl Nitrate (normal) 627-13-4 2700
Tetrafluoroethylene monomer 116-14-3 7500F
1,2,4-Trinitrobenzene 2300
2,3,4-Trinitrotoluene 602-29-3 2600
2,3,5-Trinitrotoluene 2600
2,3,6-Trinitrotoluene 2600
2,4,5-Trinitrotoluene 610-25-3 2600
2,4,6-Trinitrotoluene 118-96-7 2600
3,4,5-Trinitrotoluene 2600

* When data was not available, TNT equivalents assumed to be 1:1. Processes subject to this section may use actual data in calculating sufficient quantity.

6.4.2 Calculation of Potential Release Quantity. The potential release quantity for explosive substances is the sum of all physical quantities which are used, handled, produced, or stored in the process and which are neither separated by a distance of 100 meters nor are barricaded as defined in the explanatory notes for NFPA 495, Table 6-4.1.
6.4.3 Applicability. If any potential release quantity equals or exceeds the sufficient quantity, then the owner or operator shall develop and implement a risk management program in accordance with Section 6.1.2.
6.5 Delaware Hazard Assessment
6.5.1 The Delaware Hazard Assessment. The owner or operator of a stationary source subject to Section 6.1.2 shall prepare a Delaware worst-case release scenario analysis as provided in Section 6.5.2 of this section and complete the five-year accident history as provided in Section 5.42. The owner or operator of a Program 2 process must comply with Section 5.0 Subpart C and the owner or operator of a Program 3 process must comply with Section 5.0 Subpart D. The Delaware hazard assessment shall include:
6.5.1.1 An estimate of the potential release quantity;
6.5.1.2 A dispersion analysis in the case the scenario is for a regulated toxic, flammable or combustible substance;
6.5.1.3 An overpressure grid in the case the scenario is for a regulated explosive substance; and
6.5.1.4 A consequence analysis of the effects on surrounding populations.
6.5.2 Off-site consequence analysis parameters.
6.5.2.1 Endpoints. For analyses of off-site consequences, the following endpoints shall be used:
6.5.2.1.1 Toxic substances. The toxic endpoints that shall be used in determining the distance to endpoint are as follows and the order that follows shall determine which endpoint should be used if a substance is listed on several of the lists named below:
6.5.2.1.1.1 AIHA 1997, ERPG-3 will be considered before;
6.5.2.1.1.2 Acute Toxicities from New Jersey "Toxic Catastrophe Prevention Act" (TCPA) which will be considered before;
6.5.2.1.1.3 Levels of concern from EPA's "Technical Guidance for Hazard Analysis: Emergency Planning for Extremely Hazardous Substances, December 1987" also known as the Green Book.
6.5.2.1.2 Flammable substances. The endpoint for regulated flammable and combustible substances shall be the radiant heat necessary to create second degree burns from a vapor cloud fire 100 meters from the source of the release or 1020.48 kj/sec m2. The dispersion analysis shall account for movement of the vapor cloud under average Delaware weather conditions prior to ignition.
6.5.2.1.3 Explosive substances. The endpoint shall be the amount of overpressure necessary to cause eardrum rupture 100 meters from the release or 2.3 psi.
6.5.2.2 Wind speedtmospheric stability class. For the Delaware worst-case release analysis, the owner or operator shall use average Delaware weather conditions consisting of a wind speed of 4.3 meters per second and atmospheric stability class of D.
6.5.2.3 Ambient temperature/humidity. For worst-case release analysis of a regulated toxic substance, the owner or operator shall use 86 EF. An owner or operator may use 25 EC when using the RMP Off-site Consequence Analysis Guidance.
6.5.2.4 Height of release. The worst-case release of a regulated toxic substance shall be analyzed assuming a ground level (0 feet) release.
6.5.2.5 Surface roughness. The owner or operator shall use either urban or rural topography, as appropriate. Urban means that there are many obstacles in the immediate area; obstacles include buildings or trees. Rural means there are no buildings in the immediate area and the terrain is generally flat and unobstructed.
6.5.2.6 Dense or neutrally buoyant gases. The owner or operator shall ensure that tables or models used for dispersion analysis of regulated toxic substances appropriately account for gas density.
6.5.2.7 Temperature of released substance. For worst case, liquids other than gases liquified by refrigeration only shall be considered to be released at the highest daily maximum temperature, based on data for the previous three years appropriate for the stationary source, or at process temperature, whichever is higher.
6.5.2.8 Maximum potential release rates for the Delaware worst-case scenario shall be calculated considering the following:
6.5.2.8.1 Catastrophic line failure (flow from both ends);
6.5.2.8.2 Catastrophic hose failure (flow from both ends);
6.5.2.8.3 Exposure of vessels and equipment to fire;
6.5.2.8.4 Venting of pressure relief valve at relief system design basis; and
6.5.2.8.5 Failure of mitigating systems such as flares, scrubbers, isolation valves, excess flow valves, and cooling systems.
6.5.2.8.6 Graphs and calculations were developed and were included in the "Background Document, September 25, 1989". These calculation and graphs (reproduced in Appendix A) provide one method of calculating the maximum potential release quantity. The method of calculation must be approved by the Department and submitted with Delaware RMP, if different from the approach described below.
6.5.2.8.6.1 To calculate the potential release quantity of a gas (not a flashing liquid), the following equation may be used to determine the release rate:

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where:

RR = the release rate of the actual regulated substance in pounds/min.

RRR = a the release rate for methane estimated in lbs/min from Appendix A Graph 1 or 2;

OED = the opening equivalent diameter in inches;

MW = the molecular weight of the actual substance released;

P = the pressure inside the vessel or pipe prior to the release in psig;

OEDR = the size of reference opening equivalent diameter from Appendix A Graph 1 or 2;

PR = the pressure of methane curve from Appendix A Graph 1 or 2 nearest the pressure of the pressure of the actual substance; and

T = temperature of the substance prior to the release in EF;

. For regulated toxic substances the maximum potential release quantity is equal to RR X 60 minutes;

. For regulated flammable and combustible substances the maximum potential release quantity is equal to RR if the release is sustainable for a minimum of 35 seconds. Otherwise it is the actual quantity; and

. A process becomes a covered process and is subject to Section 6.1.2 when the maximum potential release quantity is greater than or equal to the sufficient quantity.

6.5.2.8.6.2 To calculate the potential release quantity for a flashing liquid release, the following equation may used to determine the release rate:

Click here to view Image

where:

RR = the release rate of the actual regulated substance in pounds/min.

RRR = the release rate for propane estimated in lbs/min from Appendix A Graph 3 or 4;

OED = the opening equivalent diameter in inches;

Den = the liquid density of the actual substance released prior to the release in lb/ft3;

P = the pressure inside the vessel prior to the release in psig;

OEDR = the size of reference opening equivalent diameter from Appendix A Graph 3 or 4; and

PR = the pressure of propane curve from Appendix A Graph 3 or 4 nearest the pressure of the pressure of the actual substance.

. For flashing liquids whose boiling points are greater than 5 EC, a pool of cold liquid can form when the storage area is diked. The release rate is used to calculate the size of the pool that is formed by the substance being released. The potential release quantity is calculated based on the surface area of the pool in square feet multiplied by the pool vaporization factor from Appendix A Graph 5. For situations when there is no dike or for flashing liquids whose boiling points are less than or equal to 5 EC, assume that the liquid volatilizes immediately upon release and that RR is the maximum potential release quantity.

. For regulated toxic substances the maximum potential release quantity is equal to RR X 60 minutes;

. For regulated flammable and combustible substances the maximum potential release quantity is equal to RR if the release is sustainable for a minimum of 35 seconds. Otherwise it is the actual quantity; and

. A process becomes a covered process and is subject to Section 6.1.2 when the maximum potential release quantity is greater than or equal to the sufficient quantity.

6.5.2.8.6.3 To calculate the potential release quantity for a liquid release (not a flashing liquid), the equation below may be used to determine the release rate:

Click here to view Image

where:

RR = the release rate of the actual regulated substance in pounds/min.

RRR = the release rate for gasoline estimated in lbs/min from Appendix A Graph 6 or 7;

OED = the opening equivalent diameter in inches;

Den = the liquid density of the actual substance released prior to the release;

P = the pressure inside the vessel prior to the release in psig;

OEDR = the size of reference opening equivalent diameter from Appendix A Graph 6 or 7; and

PR = the pressure of gasoline curve from Appendix A Graph 6 or 7 nearest the pressure of the pressure of the actual substance.

The release rate is used to calculate the size of the pool that is formed by the substance being released. The potential release quantity is calculated based on the surface area of the pool in square feet multiplied by the pool vaporization factor from Appendix A Graph 5.

6.5.2.8.6.4 To determine the potential release quantity, RR calculated above must be doubled if the release is from a pipe or hose where it is possible to get flow from both ends of the breakage; otherwise the PRQ = RR.

. For combustible liquids, a pool of liquid can form when the storage area is diked. The release rate is used to calculate the size of the pool that is formed by the substance being released. The potential release quantity is calculated based on the surface area of the pool in square feet multiplied by the pool vaporization factor from Appendix A Graph 5. For situations when there is no dike, assume that the pool depth is 1 centimeter.

. For regulated toxic substances the maximum potential release quantity is equal to RR X 60 minutes;

. For regulated flammable and combustible substances the maximum potential release quantity is equal to the vapor release rate if the release is sustainable for a minimum of 35 seconds. Otherwise it is the actual quantity; and

. A process becomes a covered process and is subject to 6.1.2 when the maximum potential release quantity is greater than or equal to the sufficient quantity.

6.5.2.9 For explosive substances, the potential release quantity is the sum of all physical quantities which are used, handled, produced, or stored in the process. Processes separated by a distance of 100 meters or barricaded as defined in NFPA 495, Explanatory notes for Table 6-4.1 "American Table of Distances", shall be considered multiple processes. One method for determining the distance to endpoint for an explosive substance that may be used is the TNT equivalent method such as:

D = K W1/3

where:

D is the distance to endpoint for a given overpressure;

W is the mass of TNT detonated, and

K is the scaled distance or 24 for 2.3 psi overpressure.

To approximate W, the weight of regulated substance is multiplied by a yield factor (3% to 10%) and is multiplied by the ratio of the heat of combustion of the regulated substance to the heat of combustion of TNT.

6.5.3 Delaware Worst-case release scenario analysis.
6.5.3.1 The owner or operator shall analyze and report in the Delaware Risk Management Plan:
6.5.3.1.1 For Program 1 processes, one worst-case release scenario for each Program 1 process;
6.5.3.1.2 For Program 2 and 3 processes:
6.5.3.1.2.1 One worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint resulting from an accidental release of regulated toxic substances from covered processes under worst-case conditions defined in Section 6.5.2; and
6.5.3.1.2.2 One worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint defined in Section 6.5.2 resulting from an accidental release of regulated flammable substances from covered processes under worst-case conditions defined in Section 6.5.2.
6.5.3.1.2.3 One worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint defined in Section 6.5.2 resulting from the detonation of the regulated explosive substance from covered processes under worst-case conditions defined in Section 6.5.2.
6.5.3.1.2.4 Additional worst-case release scenarios for a hazard class if a worst-case release from another covered process at the stationary source potentially affects public receptors different from those potentially affected by the worst-case release scenario developed under paragraphs 6.5.3.1.2.1 or 6.5.3.1.2.2 of this section.
6.5.3.2 Parameters to be applied. The owner or operator shall use the parameters defined in Section 6.5.2 to determine distance to the endpoints. The owner or operator may use the methodology provided in the RMP Off-site Consequence Analysis Guidance or any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided he owner or operator allows the Department access to the model and describes model features and differences from publicly available models to local emergency planners upon request. The owner or operator may also use the following look-up tables to determine the distance to endpoint (where AQ represents the ratio of the actual quantity of a regulated substance contained in a process to the sufficient quantity for that substance):

Table 7: Distance to Endpoint for Delaware Regulated Toxic Substances 1

AQ/SQ Distance to Endpoint (meters) Distance to Endpoint (miles)
1.0 100 0.06
2.0 143.10 0.09
2.5 161.11 0.10
3.0 177.45 0.11
4.0 208.29 0.13
5.0 235.03 0.15
7.5 294.91 0.18
10.0 346.72 0.22
25.0 590.66 0.37
50.0 905.11 0.56

1This Table was developed from Section 5.2.2.2 the toxic Distance Multipliers Table II from the "Regulation for the Management of Extremely Hazardous Substances, September 25, 1989.

Table 8: Distance to Endpoint for Delaware Regulated Flammable Substances 2

AQ/SQ Distance to Endpoint (meters) Distance to Endpoint (miles)
1.0 100 0.06
2.0 146.29 0.09
2.5 165.89 0.10
3.0 182.62 0.11
4.0 214.83 0.13
5.0 243.90 0.15
7.5 305.90 0.19
10.0 359.30 0.22
25.0 589.41 0.37
50.0 870.80 0.54

2This Table was developed from Section 5.3.3.3 the flammable Distance Multipliers Table IV from the "Regulation for the Management of Extremely Hazardous Substances, September 25, 1989.

Table 9: Distance to Endpoint for Delaware Regulated Explosive Substances 3

AQ/SQ Distance to Endpoint (meters) Distance to Endpoint (miles)
1.0 100 0.06
2.0 121.01 0.08
2.5 131.51 0.08
3.0 142.02 0.09
4.0 156.71 0.10
5.0 167.53 0.10
7.5 194.59 0.12
10.0 213.11 0.13
25.0 291.20 0.18
50.0 366.86 0.22

3This Table was adapted from Section 5.4.3.2 the explosive Distance Multipliers Table VI from the "Regulation for the Management of Extremely Hazardous Substances, September 25, 1989.

6.5.3.3 Consideration of passive mitigation. Passive mitigation systems may be considered for the analysis of worst case provided that the mitigation system is capable of withstanding the release event triggering the scenario and would still function as intended.
6.5.3.4 Factors in selecting a worst-case scenario. Notwithstanding the provisions of paragraph 6.5.3.2 of this section, the owner or operator shall select as the worst-case for flammable regulated substances or the worst-case for regulated toxic substances, a scenario based on the following factors if such a scenario would result in a greater distance to an endpoint defined in Section 6.5.2 beyond the stationary source boundary than the scenario provided under paragraph 6.5.3.2 of this section:
6.5.3.4.1 Smaller quantities handled at higher process temperature or pressure; and
6.5.3.4.2 Proximity to the boundary of the stationary source.
6.5.4 Defining off-site impacts-population.
6.5.4.1 The owner or operator shall estimate in the Delaware Risk Management Plan the population within a circle with its center at the point of the release and a radius determined by the distance to the endpoint defined in 6.5.2.
6.5.4.2 Population to be defined. Population shall include residential population. The presence of institutions (schools, hospitals, prisons), parks and recreational areas, and major commercial, office, and industrial buildings shall be noted in the RMP.
6.5.4.3 Data sources acceptable. The owner or operator may use the most recent Census data, or other updated information, to estimate the population potentially affected.
6.5.4.4 Level of accuracy. Population shall be estimated to two significant digits or one significant digit if the population is less than 1000.
6.5.5 Defining off-site impacts-environment.
6.5.5.1 The owner or operator shall list in the RMP environmental receptors within a circle with its center at the point of the release and a radius determined by the distance to the endpoint defined in Section 6.5.2 of this part.
6.5.5.2 Data sources acceptable. The owner or operator may rely on information provided on local U.S. Geological Survey maps or on any data source containing U.S.G.S. data to identify environmental receptors.
6.6 Delaware Risk Management Plan
6.6.1 Submission.
6.6.1.1 The owner or operator subject to 6.1.2 shall submit a single Delaware Risk Management Plan that includes the information required by 6.6.2 through 6.6.10 for all covered processes. The Delaware Risk Management Plan shall be submitted on a form provided by the Department to a location specified by the Department prior to June 21, 1999. The Department may establish procedures for the submission of information under this section on electronic media. The submission of information in accordance with such procedures by owners or operators of covered processes shall satisfy the associated requirement to submit the information in a paper format.
6.6.1.2 The owner or operator shall submit the first Delaware Risk Management Plan no later than the latest of the following dates:
6.6.1.2.1 June 21, 1999;
6.6.1.2.2 Six months after the date on which a newly regulated substance is first listed in Section 6; or
6.6.1.2.3 The date on which a regulated substance is first present above a threshold quantity in a process.
6.6.1.2.4 Subsequent submissions of Delaware Risk Management Plans shall be in accordance with Section 6.6.10.
6.6.2 Executive summary. The owner or operator shall provide in the Delaware Risk Management Plan an executive summary that includes a brief description of the process, risk management plan and quantity and size of any storage tanks.
6.6.3 Registration. The owner or operator shall complete a single registration form and include it in the Delaware Risk Management Plan. The form shall cover all regulated substances handled in covered processes.
6.6.4 Off-site consequence analysis.
6.6.4.1 The owner or operator shall submit in the Delaware Risk Management Plan information:
6.6.4.1.1 One Delaware worst-case release scenario for each Program 1 process; and
6.6.4.1.2 For Program 2 and 3 processes, one Delaware worst-case release scenario to represent: all regulated toxic substances with any potential release quantity that is greater than the sufficient quantity; all regulated flammable substances with any potential release quantity that is greater than the sufficient quantity; and all regulated explosive substance with any potential release quantity that is greater than the sufficient quantity.
6.6.4.1.3 If additional Delaware worst-case scenarios for toxics, flammables, or explosives are required by Section 6.5.3.1.2.4, the owner or operator shall submit the same information on the additional scenario(s).
6.6.4.2 The owner or operator shall submit in the Delaware Risk Management Plan the following data:
6.6.4.2.1 Chemical name;
6.6.4.2.2 Physical state (toxics and flammables only);
6.6.4.2.3 Basis of results (give model name if used);
6.6.4.2.4 Scenario (explosion, fire, toxic gas release, or liquid spill and vaporization);
6.6.4.2.5 Quantity released in pounds;
6.6.4.2.6 Release rate (toxics and flammables only);
6.6.4.2.7 Topography (toxics and flammables only);
6.6.4.2.8 Distance to endpoint;
6.6.4.2.9 Public and environmental receptors within the distance; and
6.6.4.2.10 Passive mitigation considered.
6.6.5 Five-year accident history. The owner or operator shall submit in the Delaware Risk Management Plan the information provided in the Delaware Risk Management Plan form on each accident covered that resulted in known on-site or off-site injuries or deaths, evacuations, sheltering in place, on site or offsite property damage or onsite or offsite environmental damage.
6.6.6 Prevention program/Program 2. For each Program 2 process, the owner or operator shall provide in the Delaware Risk Management Plan the information indicated in the Delaware Risk Management Plan form. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.
6.6.7 Prevention program/Program 3. For each Program 3 process, the owner or operator shall provide the information indicated in the Delaware Risk Management Plan form. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.
6.6.8 Emergency response program. The owner or operator shall provide in the Delaware Risk Management Plan the same information that is described in the Delaware Risk Management Plan form.
6.6.9 Certification.
6.6.9.1 For Program 1 processes, the owner or operator shall submit in the Delaware Risk Management Plan the certification statement provided in the Delaware Risk Management Plan form.
6.6.9.2 For all other covered processes, the owner or operator shall submit in the Delaware Risk Management Plan a single certification that, to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, the information submitted is true, accurate, and complete.
6.6.10 Updates.
6.6.10.1 The owner or operator shall review and update the Delaware Risk Management Plan as specified in paragraph 6.6.10.2 of this section and submit it on a form provided by the Department prior to June 21, 1999.
6.6.10.2 The owner or operator of a covered process shall revise and update the Delaware Risk Management Plan submitted under Section 6.6 within five years of the initial submission or sooner updates as required by the following:
6.6.10.2.1 No later than six months after a newly regulated substance is first listed by the Department;
6.6.10.2.2 No later than the date on which a new regulated substance is first present in an already covered process above a threshold quantity;
6.6.10.2.3 No later than the date on which a regulated substance is present above a threshold quantity in a new process;
6.6.10.2.4 Within six months of a change that requires a revised process hazard assessment or hazard review, and
6.6.10.2.5 Within six months of a change that alters the program level that applied to any covered process.
6.6.10.3 If a covered process is no longer subject to this part, the owner or operator shall submit certification to the Department within six months indicating that the process is no longer covered.

7 Del. Admin. Code § 1201-6.0