(a) The Department shall adopt, pursuant to § 7706 of this title, regulations stating the critical provisions of a risk management program. The provisions will include, but not be limited to:

(1) Design standards review.

(2) Modification control and documentation of equipment and procedural changes.

(3) Hazard review of all processes and equipment associated with EHS with an emphasis on preventing, avoiding, minimizing and containing extreme risks.

(4) Operating instructions.

(5) Maintenance and inspection procedures and requirements for all equipment in extremely hazardous substance services.

(6) Operator training program with a means of determining proficiency.

(7) Incident investigation procedures and remedial action requirement.

(8) Inspection and auditing requirements.

Compliance with each of these provisions must be documented by written records. Each of these provisions shall be updated as required.

(b) All persons with an actual quantity of an EHS that is equal to or exceeds the threshold quantity must implement a risk management program appropriate to the facility risk. Facilities built or modified on or after June 21, 1999, that have a process containing an EHS; or existing facilities implementing a new process containing an EHS; or existing facilities introducing a new EHS into an existing process, must implement a risk management program appropriate to the facility risk prior to introduction of the EHS to the process.

(c) Responsible person(s) are required to certify to the Department that a risk management program that meets Department criteria is in place at the facility. The certification statement that is part of the federal RMP facility submission may act to fulfill this requirement. The risk management program shall be available to the Department for review at each facility at scheduled inspections.

66 Del. Laws, c. 417, § 1; 70 Del. Laws, c. 239, § 1; 71 Del. Laws, c. 308, § 1.