Bill Text: DE SB199 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 7 Of The Delaware Code Relating To Extremely Hazardous Substances Risk Management.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2014-09-11 - Signed by Governor [SB199 Detail]
Download: Delaware-2013-SB199-Draft.html
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SPONSOR: |
Sen. McBride & Rep. Heffernan |
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Sens. Hocker, Venables; Reps. Atkins, Carson, J. Johnson, Mulrooney |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 199 |
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AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT. |
Section 1. Amend Chapter 77, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 7705 Definitions.
(6) "Extremely hazardous substance" (EHS) means a substance in the form of a gas, liquid, solid, vapor, powder, aerosol or mixture of these states which is listed pursuant to §7707 of this title, or any other chemical which may as a result of short-term exposures because of releases to the environment cause public death, injury, or property damage due to their toxicity, reactivity, volatility or corrosivity.
§ 7710. Inspection.
(c) Inspection
program schedule -- The Department shall develop and issue a phased
initial inspecting program on the basis of degree of risk. Facilities with
extremely hazardous substances having the highest substance hazard indexes
shall be inspected before facilities with lower indexed extremely hazardous
substances. Facility inspections shall continue during the regulation revision
process and be an integral part of the revised regulation. The Department shall develop an inspection
schedule, so that it can ensure and evaluate compliance with this title,
including any regulations or requirements adopted by the Secretary in
furtherance of the purposes of this title.
The Secretary
Accidental Release Prevention Program may determine the frequency of
inspection of a specific facility, based on:
(1) Risk
(12) Compliance
history;
(23) The
recent occurrence of an incident involving an extremely hazardous substance; or
(34) Recent
compliance with this chapter.
The Department will provide covered facility owners and/or operators with 24-hour advance notice before inspections, except:
(1) If the Department determines that an inspection without such notice is warranted by exigent circumstances and approves such inspection; or
(2) If any delay in conducting an inspection might be seriously detrimental to safety, and the Department determines that an inspection without notice is warranted.
(d) Inspection Protocol -- All inspections shall be conducted by trained and tested state personnel or representatives. All inspections shall be conducted within the limits of a thorough Risk Management Program Inspection Protocol issued by the Department and adopted after public hearing. The Protocol consists of specific questions, facility characteristics, required risk management program components, physical observations and interviews.
(e)
Inspection training program -- The Department shall have a training program
to periodically educate and test state employees or representatives responsible
for inspecting regulated facilities. The program shall also be available to
personnel responsible for operation of facility risk management programs in
accordance with the purpose of this chapter. Preparation of such a training
program shall make full use of appropriate available resources. Successful
completion of such a training program is a requirement for all state employees
or representatives responsible for inspecting regulated facilities or dealing
with implementation of this chapter. Inspectors. Inspections and audits
are conducted by personnel duly authorized and designated for that purpose as
‘‘inspectors'' by the Department. An inspector will, on request, present his or
her state-issued identification card for examination at a facility being
inspected, but the identification card may not be reproduced by the facility.
SYNOPSIS
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This bill amends the definition of extremely hazardous substance in 7 Del. C., Chapter 77, the Extremely Hazardous Substances Risk Management Act to be consistent with the wording in the federal Clean Air Act Amendments and the federal Risk Management Program.This bill also replaces the three year inspection mandate for the Department of Natural Resources and Environmental Control to inspect facilities regulated by Chapter 77 with an inspection program based on risk and compliance with this Chapter and establishes requirements for inspection notice and inspector identification. |
Author: Senator McBride
