RISK MANAGEMENT PLAN (RMP) INFORMATION: The public can review federal facility RMPs, including the "vulnerable zone" (area affected by the worst case consequence), by visiting a federal reading room or, to see both federal and Delaware facility RMPs, by making an appointment with the Accidental Release Prevention Group or your Local Emergency Planning Committee.
RMP SUBMISSION: Delaware regulates the same chemicals with the same requirements as the U.S. Environmental Protection Agency Regulation 40 CFR 68. In addition, Delaware has state enforceable requirements based upon release rates which in some cases are lower than EPA threshold quantities and includes reactive/explosive chemicals and some toxic and flammables not listed in U.S. Environmental Protection Agency regulation 40 CFR 68. A facility is subject to the federal RMP first (Section 5 of the State of Delaware’s Accidental Release Prevention Regulation). If the substance and process are not regulated by the EPA, you must check to see if Section 6 of the Accidental Release Prevention Regulation is applicable. You can only be subject to one program - first the federal and if not the federal program then the ‘Delaware Only’ program may be applicable.
The U.S. Environmental Protection Agency regulation 40 CFR 68 and Delaware’s Accidental Prevention Regulation requires all stationary sources with any of the listed regulated substance(s) above the threshold quantity to submit a Risk Management Plan (RMP). Substances not regulated by the federal rule require Delaware only risk management plan submissions to the State of Delaware. Updates and re-submission must be made, at a minimum, every five years.
The U.S. Environmental Protection Agency has developed guidance documents and a suite of software applications to allow facilities to prepare and submit their RMPs in electronic format and to assist EPA in processing and managing the RMPs. For this information, visit EPA Emergency Management.
Risk Management Plans that are required by Delaware only can be submitted by filling out a Delaware Risk Management Plan Registration form. The Delaware-only registration form is available as Microsoft word form file and should be submitted to the Delaware Accidental Release Prevention program. Most Delaware facilities are subject to Program Level 2 or Level 1 for propane or hydrogen. A few chemical facilities are subject to Program Level 3 requirements.
RESUBMISSIONS: You must fully update your RMP no later than five years after the postmark date of your last submission, or sooner if any changes specified in EPA 40 CFR Part 68.190 or (State of Delaware's Accidental Release Prevention Regulation Section 5.190). A re-submission update will reset your five-year anniversary date.You may also submit corrections to any part of your RMP without changing the anniversary date or you can de-register using the RMP software if changes occur at your facility that make it no longer subject to 40 CFR 68.
Facility Inspections under Delaware’s Accidental Release Prevention Program: The ARP program inspects chemical facilities subject to its regulations once every three years. APR’s Audit Guidance can also be used by facilities to conduct self-audits.
The Accidental Release Prevention Group is committed to helping small businesses. Assistance is available by contacting the group at (302) 739-9405.