The Delaware Accidental Release Prevention Regulation contains requirements for owners or operators of stationary sources having regulated extremely hazardous substances onsite to develop and implement a risk management program (RMP) that anticipates and minimizes the chances of catastrophic events.
The U.S. Environmental Protection Agency Region III approved the Delaware Department of Natural Resources and Environmental Control’s (DNREC) request to implement and enforce its accidental release prevention program in place of similar federal requirements on August 7, 2001. The Delaware regulation adopts the Federal requirements found in regulation 40 CFR Part 68 with some adjustments and substitutions. Delaware’s regulation includes additional requirements for sources not regulated by the Federal program.
Delaware did not request Federal approval for these more stringent requirements but rather uses State authority under 7 Del. C. Chapter 77 Extremely Hazardous Substances Risk Management Act to implement and enforce these requirements.