7 Del. Admin. Code § 1201-7.0

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

Section 1201-7.0 - Inspections

7.1 Minimum Inspection Components. All documentation required by this regulation shall be maintained by the Owner or operator of the stationary source and shall be available on site for review by the Department. At a minimum, inspections of stationary source risk management programs include:

7.1.1 Review of selected risk management program documentation including evidence of the application of engineering and maintenance standards associated with regulated substance;

7.1.2 A physical onsite inspection of equipment associated with regulated substance; and

7.1.3 Interviews of selected stationary source personnel involved with regulated substance.

7.2 Inspection Protocol. The inspection protocol shall consist of:

7.2.1 Appendix A "PSM Audit Guidelines" from the OSHA Compliance Directive C PL 2-2.45A (change-1) dated September 1994,

7.2.2 EPA audit guidance and protocol, and

7.2.3 The compliance of a covered process shall be determined by physical inspections conducted: by trained and tested state personnel or their designated trained and qualified representatives, and by interviews with stationary source personnel.

7.3 Access to Facilities and Records. The Department has the right to enter any stationary source at any time to verify compliance with this regulation. Inspections for the sole purpose of document review shall be scheduled with owner or operator of the stationary source management with reasonable advance notice, and when possible, mutual agreement.

7.4 Findings of Compliance or Noncompliance. The Department shall issue an inspection report detailing the findings of compliance or noncompliance with the risk management program requirements for each inspection. Reports shall contain the Department's recommendations based on inspection for potential improvements to a facility's risk management program. Significant items of noncompliance shall be communicated directly to the stationary source management by the Department during an exit interview. Within sixty (60) days after receiving the Department's recommendations, the owner or operator of the stationary source shall notify the Department of changes and additions to improve the risk management program or shall present a remediation plan and schedule for the Department's approval.

7.5 Resolution of Findings of Noncompliance.

7.5.1 If the owner or operator of the stationary source and the Department agree on measures to correct risk management program deficiencies or omissions, the parties may enter into a written agreement.

7.5.2 If the Department and owner or operator of the stationary source fail to agree on improvements to the risk management program following Department notice of noncompliance as provided above and following an administrative hearing with written findings, as provided for in 7 Del.C., Section 7715 and Section 11 of this regulation, the Department shall issue an administrative order requiring correction of risk management program deficiencies including a schedule for corrections as provided for in 7 Del.C., Section 7714.

7.5.3 If a functioning risk management program is lacking and a situation exists which threatens real and imminent jeopardy to the lives and health of persons in the vicinity of the stationary source, the Department shall promptly seek Chancery Court injunctive relief as provided for in 7 Del.C., Section 7714.

7 Del. Admin. Code § 1201-7.0