The Division of Waste and Hazardous Substances will hold a public hearing on proposed amendments to the regulations governing underground storage tanks. (Public Comment Period Closed)

These amendments to the Regulations Governing Underground Storage Tank Systems (7 DE Admin. Code 1351) are being proposed to reflect regulatory changes promulgated at the federal level as well as advances in UST system technologies.

The proposed amendments may be inspected at DNREC’s office located at 391 Lukens Drive, in New Castle, and in the August 1, 2019 edition of the Delaware Register of Regulations.

For additional information on this proposed regulatory promulgation, contact Eileen Butler at 391 Lukens Drive, New Castle, DE 19720; by phone at 302-395-2500; or, by email at Eileen.Butler@delaware.gov.

Persons wishing to comment on the proposed amendments may do so either orally or in written form at the public hearing on August 27, 2019.  In lieu of attending the public hearing, written comments may be submitted to the Hearing Officer via the DNREC comment form, via email to DNRECHearingComments@delaware.gov, or via USPS to the below address.

The Department will accept public comment through the close of business on Wednesday, September 11, 2019.

Public Hearing Officer

Lisa A. Vest
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report and Order

Public Hearing Transcript

Hearing Officer’s Report

Secretary’s Order No. 2019-WH-0047 (12/12/2019)

Public Hearing Materials

Start Action Notice 2016-10

Public Hearing Notice

Existing Regulation: Underground Storage Tanks (7 DE Admin. Code 1351)

Proposed Amendments:
– Delaware Register of Regulations Notice (23 DE Reg. 104, 08/01/19)
– Proposed Amendments (As published in the Register of Regulations, 08/01/19)
– REVISIONS – Correction of clerical errors subsequent to the 08/01/19 publication in the Register
— FIRST REVISION of Proposed Amendments (08/09/19)
— SECOND REVISION of Proposed Amendments (08/16/19)

Federal Regulation Changes

DNREC Exhibits

DNREC Exhibit List

Exhibit 1 – Proposed Underground Storage Tank System Regulations published in August 1, 2019 Register of Regulations

Exhibit 2 – Summary of changes to proposed UST System Regulations after publication in the Register of Regulations

Exhibit 3 – Memorandum to the Office of the Governor and Delaware Legislature re: Approval of the Start Action Notice to revise the current Regulations Governing Underground Storage Tank Systems

Exhibit 4 – Signed Start Action Notice #2016-10

Exhibit 5 – Initial invitation to and list of potential Underground Storage Tank Advisory Committee members

Exhibit 6 – State of Delaware Public Meeting Calendar announcing Underground Storage Tank Advisory Committee (USTAC) meeting schedule for October 26, 2016

Exhibit 7 – All documents associated with October 26, 2016 USTAC meeting

Exhibit 8 – Affidavit of Publication, Underground Storage Tank Advisory Committee Meeting, The News Journal, published advertising the January 24, 2017 USTAC meeting

Exhibit 9 – Affidavit of Publication, Underground Storage Tank Advisory Committee Meeting, Delaware State News, published advertising the January 24, 2017 USTAC meeting

Exhibit 10 – All documents associated with the January 24, 2017 USTAC meeting

Exhibit 11 – All documents associated with the April 12, 2017 USTAC meeting

Exhibit 12 – All documents associated with the May 10, 2017 USTAC meeting

Exhibit 13 – All documents associated with the June 28, 2017 USTAC meeting

Exhibit 14 – All documents associated with the November 16, 2017 USTAC meeting

Exhibit 15 – All documents associated with the May 2, 2018 USTAC meeting

Exhibit 16 – All documents associated with the November 14, 2018 USTAC meeting

Exhibit 17 – Email from Department to USTAC membership dated January 2, 2019 re: another USTAC meeting to discuss outstanding regulatory issues

Exhibit 18 – Email from Department to USTAC membership dated January 10, 2019 re: final USTAC meeting to discuss outstanding regulatory issues

Exhibit 19 – Working document prepared for January 22, 2019 USTAC meeting entitled “Outstanding UST Regulatory Issues”

Exhibit 20 – Email from Department to USTAC membership dated February 7, 2019 with attached document entitled “Proposed final changes to UST Regulations”

Exhibit 21 – Public Affairs Informational Flyer on April 16, 2019 Public Workshop sent to all Delaware Underground Storage Tank owners

Exhibit 22 – Email sent by Division of Air Quality to its Gasoline Dispensing Facilities database regarding April 16, 2019 Regulatory Workshop

Exhibit 23 – State of Delaware Public Meeting Calendar Notice of Public Workshop scheduled for April 16, 2019 at 10:00 a.m. at Luken’s Drive, New Castle, DE

Exhibit 24 – State of Delaware Public Meeting Calendar Notice of Public Workshop scheduled for April 16, 2019 at 6:30 p.m. at Richards & Robbins Building, Dover, DE

Exhibit 25 – All documentation related to the April 16, 2019 Public Workshop on proposed Underground Storage Tank Regulations

Exhibit 26 – Legal Request – DOJ Review of Draft UST Regulatory Revision

Exhibit 27 – Email from Department to USTAC membership dated July 16, 2019 with attached memo re: latest response to questions from April 16, 2019 Public Workshop

Exhibit 28 – Register Notice of Public Hearing on 1351 Underground Storage Tank System Regulations scheduled for August 27, 2019

Exhibit 29 – Legal Notice of Public Hearing on 1351 Underground Storage Tank System Regulations

Exhibit 30 – Affidavit of Publication, Legal Notice of Public Hearing, Delaware State News, published August 4, 2019 advertising the August 27, 2019 Public Hearing on Regulations Governing Underground Storage Tank Systems

Exhibit 31 – Legal Notice of Public Hearing, The News Journal, published August 4, 2019 advertising the August 27, 2019 Public Hearing on Regulations Governing Underground Storage Tank Systems

Exhibit 32 – The Department Powerpoint presentation for the August 27, 2019 Public Hearing on Regulations Governing Underground Storage Tank Systems

Public Comments

Ellen Valentino Comments (09/03/19)