(a) The General Assembly finds that a portion of Delaware’s population is potentially exposed to accidental releases of extremely hazardous substances (EHS) which could cause deaths or permanent disabilities to persons experiencing short-term exposure to those substances.
(b) The General Assembly also finds that although modern technology, operating systems, inspection and monitoring programs and other safeguards cannot guarantee that catastrophic releases of EHS, generation of pressure waves or thermal exposure will not occur, a well conceived and vigorously managed risk management program can reduce the likelihood of such occurrences.
(c) The General Assembly further finds that there is a need to educate the public, the business community and every person associated with EHS about the risks of EHS, and the measures that can be taken to minimize the probability of catastrophic events associated with EHS.
(d) The Department adopted the Delaware “Regulation for the Management of Extremely Hazardous Substances” on September 25, 1989, and modified this regulation on December 18, 1995, in accordance with this chapter.
(e) The General Assembly finds that the United States Congress authorized the United States Environmental Protection Agency (EPA) and the United States Department of Labor, Occupational Safety and Health Administration (OSHA) to develop similar federal requirements in the Clean Air Act Amendments of 1990. OSHA promulgated its standard (29 C.F.R. 1910.119) on February 24, 1992. EPA promulgated its list rule (40 C.F.R. 9 and 68) on January 31, 1994. Additionally, EPA promulgated its Accidental Release Requirements rule (40 C.F.R. Part 68) on June 20, 1996. The Clean Air Act Amendments of 1990 allows for the delegation of the federal EPA authority for the Accidental Release Requirement rule to a state implementing agency.
(f) The Department shall undertake the delegation of EPA’s authority by the regulatory revision process enacted in this chapter. The Department shall act to maintain EPA’s delegated authority once it is obtained. The Delaware “Regulation for the Management of Extremely Hazardous Substances” which became effective on September 25, 1989, and was modified on December 18, 1995, shall remain in effect until the revised regulation becomes effective on or before June 21, 1999.
66 Del. Laws, c. 417, § 1; 71 Del. Laws, c. 308, § 1.
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