Delaware Code Title 16. Health and Safety § 6303. Emergency planning notifications

(a) A list of extremely hazardous substances shall be established by the Secretary for the purposes of this chapter.  In establishing this list, the Secretary shall take into account the toxicity, reactivity, volatility, dispersability, combustibility or flammability of a substance.  For purposes of the preceding sentence, the term “toxicity” shall include any short-term or long-term health effect which may result from a short-term exposure to the substance.  These substances will be the primary focus of community emergency planning activities to be conducted by the local emergency planning committees as set forth in 42 U.S.C. § 11003.

(b) The Secretary shall establish threshold planning quantities for each extremely hazardous substance established under subsection (a) of this section taking into account the criteria described in subsection (a) of this section.

(c) The Secretary may revise the list and thresholds established under subsections (a) and (b) from time to time.  Any revisions to the list shall take into account the criteria established in subsection (a) of this section.

(d) Any facility having an extremely hazardous substance present at the facility in an amount which equals or exceeds the threshold planning quantity established for such substance shall be subject to the requirements of this section.

(e) Not later than 6 months after June 16, 1997, the owner or operator of each facility, subject to the requirements of this section, shall notify the Department and the local emergency planning committee that such facility is subject to the requirements of this section.  Thereafter, if a substance on the list of extremely hazardous substances becomes present at such facility in an amount which equals or exceeds the threshold planning quantity established for such substance, or if there is a revision of such list and the facility has present a substance on the revised list in an amount which equals or exceeds the threshold planning quantity established for such substance, the owner or operator of the facility shall notify the Department and the local emergency planning committee within 60 days after such acquisition or revision that such facility is subject to the requirements of this section.

(f) Notification to the Department under subsection (e) of this section shall serve as notification to the State Emergency Response Commission as set forth under 42 U.S.C. § 11002 (c) and regulations established under that act.

(g) Notification under subsection (e) of this section must also include identification of a facility representative who will participate in the emergency planning process as a facility emergency coordinator.

(h) The owner or operator of a facility subject to this section shall promptly inform the local emergency planning committee of any relevant changes occurring at such facility as such changes occur or are expected to occur.

(i) Upon request from the local emergency planning committee, the owner or operator of a facility subject to this section shall promptly provide information to such committee necessary for developing and implementing emergency plans.

(j) For purposes of emergency planning, the State Emergency Response Commission or the Secretary may designate additional facilities which shall be subject to the requirements of this section, if such designation is made after public notice and opportunity for comment.  The Secretary shall notify the facility concerned of any facility designation under this subsection.