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Public Hearing: Regulations Governing Underground and Aboveground Storage Tanks

Date and Time:
Wednesday, August 30, 2023
6 pm

Location:
A Virtual Hearing
See Connection Information
, Delaware
Details:

The Division of Waste and Hazardous Substances will conduct two public hearings on Aug. 30 on proposed amendments to the regulations governing underground and aboveground storage tanks (Dockets #2023-R-WH-0006 and #2023-R-WH-0007). Public comment period closed.

Connection Information

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Closed-captioning, in languages including English and Spanish, is available as an option.
For audio-only, please dial-in at 1-646-931-3860 and use Meeting ID 984 4462 0083 and Passcode 962375.

Register to comment verbally during the hearing

Public Hearing Officer

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

Docket #2023-R-WH-0006: Proposed amendments to 7 DE Admin. Code 1351 Underground Storage Tank Systems, the purpose of which is to improve clarity for the regulated community, and to incorporate by reference three documents (Delaware Risk Based Corrective Action Protocol; Hydrogeologic Investigative Guidance; Vapor Intrusion Guidance) to be used as standards for soil sampling and analysis as well as for corrective action purposes.

Hearing begins at 6:00 pm.

Docket #2023-R-WH-0007: Proposed amendments to 7 DE Admin. Code 1352 Aboveground Storage Tank, the purpose of which is to improve clarity for the regulated community, and to incorporate by reference three documents (Delaware Risk Based Corrective Action Protocol; Hydrogeologic Investigative Guidance; Vapor Intrusion Guidance) to be used as standards for soil sampling and analysis as well as for corrective action purposes.

Hearing begins immediately following Docket #2023-R-WH-0006 hearing.

The proposed amendments may be inspected online on the Delaware Register of Regulations website (regulations.delaware.gov/services/current_issue.shtml) or on the DNREC website at dnrec.delaware.gov/waste-hazardous/regulations/.

The Department will accept public comment through the close of business on, Sept. 14, 2023. 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 address on this page.

Transcripts, Hearing Officer’s Reports and Secretary’s Orders

2023-R-WH-0006 (Underground Storage Tank Systems)

Public Hearing Transcript, Docket #2023-R-WH-0006

Hearing Officer’s Report
– Appendix A: Proposed Revised Underground Storage Tanks Systems Regulations Amendments
– Appendix B: Technical Response Memorandum (Sept. 20, 2023)

Secretary’s Order No: 2023-WH-0032 — Approving Final Regulations to Amend 7 DE Admin. Code 1351: Underground Storage Tank Systems
Effective Date: Jan. 11, 2023

2023-R-WH-0007 (Aboveground Storage Tanks)

Public Hearing Transcript, Docket #2023-R-WH-0007

Hearing Officer’s Report
– Appendix A: Proposed Revised Aboveground Storage Tanks Systems Regulations Amendments
– Appendix B: Technical Response Memorandum (Sept. 20, 2023)

Secretary’s Order No: 2023-WH-0033 — Approving Final Regulations to Amend 7 DE Admin. Code 1352: Aboveground Storage Tanks
Effective Date: Jan. 11, 2024

DNREC Exhibits

2023-R-WH-0006 (Underground Storage Tank Systems)

Exhibit 1: Proposed Underground Storage Tank Systems Regulations published in the August 1, 2023, Register of Regulations.

Exhibit 2: Summary of changes to proposed UST System Regulations.

Exhibit 3: Signed Start Action Notice #2023-04.

Exhibit 4: State of Delaware Public Meeting Calendar announcing workshop on proposed changes to Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks, as published on the webpage on May 25, 2023.

Exhibit 5: Affidavit of Publication, Workshop on proposed Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks, The News Journal, published in the May 21, 2023, and May 24, 2023, edition, advertising the Workshop.

Exhibit 6: Affidavit of Publication, Workshop on proposed Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks, The Delaware State News, published in the May 21, 2023, and May 24, 2023, edition, advertising the Workshop.

Exhibit 7: Legal Notice clipping of Public Workshop on 1351 Underground Storage Tank System Regulations Dated May 21, 2023, in The News Journal.

Exhibit 8: Legal Notice clipping of Public Workshop on 1351 Underground Storage Tank Systems Regulations Dated May 24, 2023, in The News Journal.

Exhibit 9: Email dated May 30, 2023, informing Interested Parties List of June 13, 2023, Workshop on proposed changes to Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks.

Exhibit 10: Register Notice of Public Hearing on 1351 Underground Storage Tank Systems Regulations scheduled for August 30, 2023.

Exhibit 11: Affidavit of Publication, Legal Notice of Public Hearing, Delaware State News, published August 6, 2023, advertising the August 30, 2023, Public Hearing on Regulations Governing Underground Storage Tank Systems.

Exhibit 12: Affidavit of Publication, Legal Notice of Public Hearing, The News Journal, published August 6, 2023, advertising the August 30, 2023, Public Hearing on Regulations Governing Underground Storage Tank Systems.

Exhibit 13: Legal Notice clipping of Public Hearing on 1352 Underground Storage Tank Systems Regulations Dated August 6, 2023, in The News Journal.

Exhibit 14: State of Delaware Public Meeting Calendar announcing Hearing on proposed changes to Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks, as published on the webpage on August 9, 2023.

Exhibit 15: Email dated August 7, 2023, informing Interested Parties List of August 30, 2023, Public Hearing on proposed changes to Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks.

Exhibit 16: Errata for Admin. Code 1351.

Exhibit 17: Delaware Risk Based Corrective Action Protocol, Volume 2, January 2023.

Exhibit 18: Hydrogeologic Investigation Guidance, Volume 2, January 2023.

Exhibit 19: The Vapor Intrusion Guidance, January 2023.

Exhibit 20: The Department Powerpoint presentation for the August 30, 2023, Public Hearing on Regulations Governing Underground Storage Tank Systems.

2023-R-WH-0007 (Aboveground Storage Tanks)

Exhibit 1: Proposed Aboveground Storage Tanks Regulations published in the August 1, 2023, Register of Regulations.

Exhibit 2: Summary of changes to proposed AST Regulations.

Exhibit 3: Signed Start Action Notice #2023-03.

Exhibit 4: State of Delaware Public Meeting Calendar announcing workshop on proposed changes to Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks, as published on the webpage on May 25, 2023.

Exhibit 5: Affidavit of Publication, Workshop on proposed Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks, The News Journal, published in the May 21, 2023, and May 24, 2023, edition, advertising the Workshop.

Exhibit 6: Affidavit of Publication, Workshop on proposed Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks, The Delaware State News, published in the May 21, 2023, and May 24, 2023, edition, advertising the Workshop.

Exhibit 7: Legal Notice clipping of Public Workshop on 1352 Aboveground Storage Tank Regulations Dated May 21, 2023, in The News Journal.

Exhibit 8: Legal Notice clipping of Public Workshop on 1352 Aboveground Storage Tank Regulations Dated May 24, 2023, in The News Journal.

Exhibit 9: Email dated May 30, 2023, informing Interested Parties List of June 13, 2023, Workshop on proposed changes to Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks.

Exhibit 10: Register Notice of Public Hearing on 1352 Aboveground Storage Tank Regulations scheduled for August 30, 2023.

Exhibit 11: Affidavit of Publication, Legal Notice of Public Hearing, Delaware State News, published August 6, 2023, advertising the August 30, 2023, Public Hearing on Regulations Governing Underground Storage Tank Systems.

Exhibit 12: Affidavit of Publication, Legal Notice of Public Hearing, The News Journal, published August 6, 2023, advertising the August 30, 2023, Public Hearing on Regulations Governing Underground Storage Tank Systems.

Exhibit 13: Legal Notice clipping of Public Hearing on 1352 Underground Storage Tank Systems Regulations Dated August 6, 2023, in The News Journal.

Exhibit 14: State of Delaware Public Meeting Calendar announcing Hearing on proposed changes to Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks, as published on the webpage on August 9, 2023.

Exhibit 15: Email dated August 7, 2023, informing Interested Parties List of August 30, 2023, Public Hearing on proposed changes to Regulations Governing Underground Storage Tank Systems and Aboveground Storage Tanks.

Exhibit 16: Errata for Admin. Code 1352.

Exhibit 17: Delaware Risk Based Corrective Action Protocol, Volume 2, January 2023.

Exhibit 18: Hydrogeologic Investigation Guidance, Volume 2, January 2023.

Exhibit 19: The Vapor Intrusion Guidance, January 2023.

Exhibit 20: The Department Powerpoint presentation for the August 30, 2023, Public Hearing on Regulations Governing Aboveground Storage Tank Systems.

Public Comments

2023-R-WH-0007 (Aboveground Storage Tanks)

Amandeep-Sodhi (Aug. 31, 2023)

 



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