The DNREC Division of Air Quality will conduct a public hearing (Docket #2020-R-A-0022) on proposed amendments to the regulations governing Vapor Emission Control at Gasoline Dispensing Facilities (7 DE Admin. Code 1124, Section 36.0). Public comment period closed.

The objective of amending 7 DE Admin. Code 1124 Section 36.0 is to update the California Air Resources Board executive orders referenced in Section 36.0 regarding Stage I enhanced vapor recovery systems being used at Delaware gasoline dispensing facilities. The proposed amendments will extend the executive orders’ expiration dates and provide vapor recovery system component flexibility for Delaware gasoline dispensing facilities.

The proposed amendments to Section 36.0 may be inspected online starting November 1, 2020 at regulations.delaware.gov/services/current_issue.shtml or in-person, by appointment only, by contacting Frank Gao by phone at 302-739-9402 or by email at Frank.Gao@delaware.gov.

Those wishing to offer verbal comments during DNREC virtual public hearings must pre-register no later than noon on the date of the virtual hearing at de.gov/dnreccomments or by telephone at 302-739-9295.

The Department will accept public comment through the close of business on Thursday, Jan. 7, 2021. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the following address:

Public Hearing Officer

Theresa Newman
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report

Secretary’s Order No. 2021-A-0009 — Approving Final Regulations to Amend 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, Section 36.0, Vapor Emission Control at Gasoline Dispensing Facilities (Effective Date: April 11, 2021)

DNREC Exhibits

Exhibit 1: Start Action Notice approved by the Department Secretary on August 26, 2020.

Exhibit 2: The Register Notice and Proposed amendments to 7 DE Admin. Code 1124 Section 36.0 “Vapor Emission Control at Gasoline Dispensing Facilities”, published in Delaware Register of Regulations, November 1, 2020, Volume 24-Issue 5, starting at Page 466.

Exhibit 3: The affidavit and the legal notice as it appeared in the October 25, 2020 Delaware State News that advertised today’s hearing.

Exhibit 4: The affidavit and the legal notice as it appeared in the October 25, 2020 News Journal that advertised today’s hearing.

Exhibit 5: The public hearing notice for today’s hearing, on the State of Delaware Public Meeting Calendar, as dated October 25, 2020.

Exhibit 6: The legal notice for today’s hearing, as posted on the website for DNREC Public Hearings, dated October 25, 2020.

Exhibit 7: Regulatory Flexibility Analysis and Impact Statement Form and its attachment Technical Support Document, published in Delaware Register of Regulations, November 1, 2020, Volume 24-Issue 5, on Page 467.

Exhibit 8: Update of CARB Executive Order VR-202-W to VR-202-Z in Section 36.0, proposed by the Department in today’s hearing.

Exhibit 9: Addendum to Technical Support Document, demonstrating that the update in Exhibit 8 is non-substantive.

Exhibit 10: CARB Executive Order VR-101-T.

Exhibit 11: CARB Executive Order VR-102-U.

Exhibit 12: CARB Executive Order VR-104-K.

Exhibit 13: CARB Executive Order VR-105-I.

Exhibit 14: CARB Executive Order VR-401-F.

Exhibit 15: CARB Executive Order VR-402-E.

Exhibit 16: CARB Executive Order VR-202-Z.

Exhibit 17: Proclamation by Governor John Carney, dated March 13, 2020, authorizing all meetings of public bodies in Delaware to be conducted electronically until further notice.

Exhibit 18: Department of Natural Resources and Environmental Control website updates, as published on March 19, 2020, addressing services related to COVID-19, and announcing that all Department public hearings would be virtual until further notice.

Exhibit 19: The Department’s presentation at today’s hearing.

Public Comments

Sandra Carl (12/9/20)