Delaware Code § 16-6313

Regulations
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(a) The Secretary may prescribe such regulations as may be necessary to carry out this chapter.
(b) Regulations prepared by the Secretary under this chapter shall be subject to review and approval by the State Emergency Response
Commission prior to promulgation.
(c) Concerning the list of extremely hazardous substances and threshold planning quantities established under § 6303 of this title
and the list of toxic chemicals established under § 6307 of this title, the lists shall be established and maintained consistent with the
corresponding lists of chemicals established and maintained by the administrator under 42 U.S.C. Chapter 116 [42 U.S.C. § 11001 et
seq.]. In establishing regulations under this chapter, consideration shall be given to maintaining consistency with federal regulations
established by the administrator under 42 U.S.C. Chapter 116 [42 U.S.C. § 11001 et seq.]
(d) With advice and consent of the State Emergency Response Commission, the Secretary may establish additional exemptions or
alternate threshold amounts for specific chemical substances or situations of chemical use or storage, provided the reporting burden or the
concerns posed by such substances or situations do not justify reporting per the requirements specified in this chapter. With the advice
and consent of the State Emergency Response Commission, the Secretary may also establish variances from the reporting requirements
and procedures specified within this chapter, provided such variances are intended to promote more efficient implementation and do not
unnecessarily jeopardize the purposes of this chapter.
(e) Except as provided in § 6304 of this title, this chapter does not apply to the transportation, including the storage incident to such
transportation, of any substance or chemical subject to the requirements of this chapter, including the transportation and distribution of
natural gas.

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