2023 Delaware Code › Title 16 - Health and Safety › Chapter 63. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › § 6306. Emergency and hazardous chemical inventory reporting.

§ 6306. Emergency and hazardous chemical inventory reporting.
(a) The owner or operator of any facility which is required to prepare or have available a material safety data sheet or safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.) and regulations promulgated under that act or the Delaware Hazardous Chemical Information Act and regulations promulgated under that act shall prepare and submit an emergency and hazardous chemical inventory form, hereafter in this chapter referred to as an “inventory form,” for each such chemical present at the facility in an amount which equals or exceeds the threshold quantities established under subsection (d) of this section to the Department.
(b) Submission to the Department under this section shall serve as submission to the appropriate local emergency planning committee, the State Emergency Response Commission and the fire department with jurisdiction over the facility as set forth under 42 U.S.C. § 11022 and regulations established under that act.
(c) The inventory form shall be submitted on or before March 1 annually and shall contain data with respect to the preceding calendar year.
(d) The threshold quantities for the purpose of this section shall be as follows:
(1) For substances identified as hazardous chemicals, except as provided in paragraphs (d)(2) and (3) of this section, the threshold shall be 55 gallons or 500 pounds, whichever is lower.
(2) For substances included in the list of extremely hazardous substances under § 6303 of this title, the threshold shall be 55 gallons, 500 pounds or the threshold planning quantity, whichever is lower.
(3) For a substance used solely for the purpose of heating a building or buildings at a facility, the threshold for that substance at that facility shall be 10,000 pounds.
(4) For the purposes of requests under subsection (h) of this section, the threshold shall be zero.
(e) A hazardous chemical subject to the requirements of this section is any hazardous chemical for which a material safety data sheet or safety data sheet or a listing is required under § 6305 of this title.
(f) Inventory forms shall contain the following information, as a minimum, for each hazardous chemical present at the facility:
(1) The chemical name or the common name of the chemical as provided on the material safety data sheet or safety data sheet.
(2) The categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 and regulations promulgated under that act. The Secretary may modify the categories of health and physical hazards by requiring information to be reported in terms of groups of hazardous chemicals which present similar hazards in an emergency.
(3) An estimate of the maximum amount of the hazardous chemical present at the facility at any time during the preceding calendar year.
(4) An estimate of the average daily amount of the hazardous chemical present at the facility during the preceding calendar year.
(5) A brief description of the manner of storage of the hazardous chemical.
(6) The location at the facility of the hazardous chemical.
(7) An indication of whether the owner elects to withhold location information of a specific hazardous chemical from disclosure to the public under § 6308(h) of this title.
(g) With the advice and consent of the State Emergency Response Commission, the Secretary shall publish a uniform format for inventory forms, and may include additional items on the inventory forms as necessary to support the needs of emergency planning and response organizations.
(h) Upon request by the local emergency planning committee, the fire department with jurisdiction over the facility, or the Department, the owner or operator of a facility subject to this section shall submit the inventory form for a chemical to the person making the request.
71 Del. Laws, c. 59, §  1;  81 Del. Laws, c. 156, §  2;