The Division of Air Quality will conduct a public hearing (Docket #2019-R-A-0025) on the proposed amendments to the Control of Volatile Organic Compound Emissions Regulations (7 DE Admin. Code 1124). (Public Comment Period Closed)

The Division has proposed amendments to Section 26 of the Regulations (Gasoline Dispensing Facility Stage I Vapor Recovery) and and Section 36 (Vapor Emission Control at Gasoline Dispensing Facilities). A revision to Delaware State Implementation Plan (SIP), entitled “Decommissioning Stage II Vapor Recovery Systems and Requiring Stage I Enhanced Vapor Recovery Systems at Gasoline Dispensing Facilities,” will also be presented at the hearing for public review and comments.

The objectives of amending 7 DE Admin. Code 1124 Sections 26 and 36 are to decommission Stage II vapor recovery systems at Delaware Gasoline Dispensing Facilities (GDFs), and to set up effective controls on vapor emissions from GDFs’ gasoline underground storage tanks (USTs) and aboveground storage tanks (ASTs).

The objectives of the proposed SIP revision are to analyze the regulatory impacts of the proposed regulatory amendments and to demonstrate that the amendments meet the anti-backsliding requirements of the federal Clean Air Act (CAA) Sections 182(b)(2) and 110(l).

The proposed regulatory amendments and SIP revision may be inspected at DNREC’s offices located at 715 Grantham Lane, in New Castle, or at 100 W. Water Street, Suite 6A, in Dover. The changes are also published in the December 1, 2019, edition of the Delaware Register of Regulations.

For additional information, contact Frank Gao at 100 W. Water Street, Suite 6A, Dover, DE 19904, by phone at 302-739-9402, or by email at DNREC_1124_Regulations@delaware.gov.

Persons wishing to comment on the proposed amendments may do so either orally or in written form at the public hearing on January 8, 2020.  In lieu of attending the public hearing, written comment may be submitted to the Hearing Officer via the online comment form, via email to DNRECHearingComments@delaware.gov, or via USPS to the address below.

Public Hearing Officer

Theresa L. Newman
Office of the Secretary
Department of Natural Resources and Environmental Control
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report, and Order

Public Hearing Transcript

Hearing Officer’s Report

Secretary’s Order No. 2020-A-0017 — Approving Final Regulations to Amend 7 DE Admin. Code 1124: Section 26 – Gasoline Dispensing Facility Stage I Vapor Recovery and Section 36 – Vapor Emission Control at Gasoline Dispensing Facilities

DNREC Public Hearing Exhibits

Exhibit 1: The Start Action Notice, approving the planned amendments to 7 DE Admin. Code 1124, Sections 26.0 and 36.0.

Exhibit 2: The affidavits and public hearing notices from the publishers of The Sunday News Journal and The Delaware State News for publication of the Department’s legal notice on Sunday, December 1, 2019.

Exhibit 3: The public notice on State Public Meeting Calendar, as posted on December 3, 2019, announcing the January 8, 2020 public hearing for the planned amendments to 7 DE Admin. Code 1124, Sections 26.0 and 36.0.

Exhibit 4: The January 7, 2020 E-News Update from Delaware’s Office of Environmental Protection announcing the January 8, 2020 public hearing for the planned amendments to 7 DE Admin. Code 1124, Sections 26.0 and 36.0.

Exhibit 5: All documents associated with the April 16, 2019 Public Workshop.

Exhibit 6: All documents associated with the May 8, 2019 Review Committee.

Exhibit 7: All documents associated with the June 12, 2019 Review Committee.

Exhibit 8: All documents associated with the July 17, 2019 Review Committee.

Exhibit 9: All documents associated with the August 21, 2019 Review Committee.

Exhibit 10: All documents associated with the October 15 and 16, 2019 Public Workshops.

Exhibit 11: The Register Notice as published on December 1, 2019 in Delaware Register of Regulations.

Exhibit 12: The proposed amendments to 7 DE Admin. Code 1124, Section 26.0, as published on December 1, 2019 in Delaware Register of Regulations.

Exhibit 13: The proposed amendments to 7 DE Admin. Code 1124, Section 36.0, as published on December 1, 2019 in Delaware Register of Regulations.

Exhibit 14: The Regulatory Flexibility Analysis and Impact Statement Form for the proposed amendments to 7 DE Admin. Code 1124, Sections 26.0 and 36.0.

Exhibit 15: The Hearing Notice announcing the January 8, 2020 public hearing for the planned amendments to 7 DE Admin. Code 1125, as published on December 1, 2019 in Delaware Register of Regulations.

Exhibit 16: Updated versions of the California Air Resource Board’s (CARB) Executive Orders and Petroleum Equipment Institute’s “Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle-Fueling Sites”, as listed in the proposed amendments to 7 DE Admin. Code 1124, Section 36.0.

Exhibit 17: The proposed Delaware SIP revision, as published on December 1, 2019 in Delaware Register of Regulations.

Exhibit 18: Errata table for non-substantive changes to the proposed amendments to 7 DE Admin. Code 1124, Section 36.0, as published on December 1, 2019 in Delaware Register of Regulations.

Exhibit 19: The Technical Support Document, which summarizes technical and cost information in relation to the proposed amendments to 7 DE Admin. Code 1124, Sections 26.0 and 36.0.

Public Comments Submitted at the Hearing

Worth, Exhibit 1

Valentino, Exhibit 1

Public Comments Submitted Following the Hearing

Josh Worth

Sandra Carl

Mark Baker