7 Del. Admin. Code § 1201-8.0

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

Section 1201-8.0 - Audits

8.1 RMP Audit. In addition to inspections for the purpose of regulatory development and enforcement, the Department shall audit all RMPs submitted pursuant to Section 5, Subpart G and the Delaware risk management plans submitted under Section 6.6 within 12 months of the date that they are received by the Department or posted by EPA.

8.2 Access to Information. The Department shall have access to the stationary source, supporting documentation, and any area where an accidental release could occur.

8.3 Preliminary Audit Determination. Based on the audit, the Department may issue the owner or operator of a stationary source a written preliminary determination of necessary revisions to the stationary source's RMP to ensure that the RMP meets the criteria of Section 5 Subpart G. The preliminary determination shall include an explanation for the basis for the revisions, reflecting industry standards and guidelines (such as AIChE/CCPS guidelines and ASME and API standards) to the extent that such standards and guidelines are applicable, and shall include a timetable for their implementation.

8.4 Written response to a preliminary determination.

8.4.1 The owner or operator shall respond in writing to a preliminary determination made in accordance with 8.3 of this section. The response shall state the owner or operator will implement the revisions contained in the preliminary determination in accordance with the timetable included in the preliminary determination or shall state that the owner or operator rejects the revisions in whole or in part. For each rejected revision, the owner or operator shall explain the basis for rejecting such revision. Such explanation may include substitute revisions.

8.4.2 The written response under 8.4.1 of this section shall be received by the Department within 60 days of the issue of the preliminary determination or a shorter period of time as the Department specifies in the preliminary determination as necessary to protect public health and the environment. Prior to the written response being due and upon written request from the owner or operator, the Department may provide in writing additional time for the response to be received.

8.5 Final Audit Determination. After providing the owner or operator an opportunity to respond under 8.4 of this section, the Department may issue the owner or operator a written final determination of necessary revisions to the stationary source's RMP. The final determination may adopt or modify the revisions contained in the preliminary determination under 8.3 of this section or may adopt or modify the substitute revisions provided in the response under 8.4 of this section. A final determination that adopts a revision rejected by the owner or operator shall include an explanation of the basis for the revision. A final determination that fails to adopt a substitute revision provided under 8.4 of this section shall include an explanation of the basis for finding such substitute revision unreasonable.

8.6 Determination of Violations. Thirty days after completion of the actions detailed in the implementation schedule set in the final determination under 8.5 of this section, the owner or operator shall be in violation of Section 5 Subpart G, 7 Del.C., Section 7714 (b)(1) and this section unless the owner or operator revises the RMP prepared under Section 6.0 or Subpart G as required by the final determination, and submits the revised RMP as required under Section 5.150.

8.7 Public Access to Determinations. The public shall have access to the preliminary determinations, responses, and final determinations under this section in a manner consistent with Section 14.1 of this Regulation.

8.8 Nothing in this section shall preclude, limit, or interfere in any way with the authority of Department to exercise its enforcement, investigation, and information gathering authorities concerning this regulation. Nothing in this section shall preclude, limit or interfere in any way with the authority granted to EPA under the Clean Air Act of 1990 and codified at 40 U.S.C. 7401 et seq.

7 Del. Admin. Code § 1201-8.0