The DNREC Division of Watershed Stewardship will conduct a public hearing (Docket #2021-R-WS-0015) as part of the triennial review of the State’s Surface Water Quality Standards. Public comment period closed.

The federal Clean Water Act requires that all states review their surface water quality standards every three years and adopt revised standards to comply with requirements of the federal Clean Water Act.

Department staff reviewed Environmental Protection Agency (EPA) documents and staff recommendations to develop proposed amendments to the Delaware Surface Water Quality Standards (7 DE Admin. Code 7401).

The proposed amendments are published in the Delaware Register of Regulations or may be inspected in-person, by appointment only, by contacting David Wolanski by phone at 302-739-9939 or by email at David.Wolanski@Delaware.Gov.

DNREC staff have also published a Stakeholder Guide to the proposed changes.

The Department will accept public comment through the close of business on May 5, 2022. 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 below.

Public Hearing Officer

Lisa A. Vest
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
– Appendix A: Finalized Revised Amendments
– Appendix B: Technical Response Memo

Secretary’s Order No. 2022-WS-0025 — Approving Final Revised Amendments to 7 DE Admin. Code 7401: Surface Water Quality Standards (Effective Date: Jan. 11, 2022)

DNREC Exhibits

Exhibit 1: Start Action Notice 2021-07, Amend 7 DE Admin. Code Surface Water Quality Standards, signed on 7-14-2021

Exhibit 2: Notice of the Public Hearing scheduled for April 20, 2022, as posted on the Statewide Public Meeting Calendar on March 9, 2022

Exhibit 3: Affidavit and Legal Ad published in Delaware State News 9-15-21

Exhibit 4: Affidavit and Legal Ad published in the News Journal 9-15-21

Exhibit 5: Email Sent to Stakeholders 9-17-2022 titled Update on Delaware Triennial Review and 2022 Delaware Integrated Report

Exhibit 6: Copy of the Register Notice as it appeared in the March 1, 2021, Delaware Register of Regulations, Vol. 25, Issue 9, page 837-839

Exhibit 7: Copy of Regulatory Flexibility Analysis and Impact Statement as published March 1, 2022

Exhibit 8: Copy of the Proposed Updated Regulation with Strikethrough Language as published March 1, 2022

Exhibit 9: Copy of Stakeholder Guide as published on the Department Public Hearing Website

Exhibit 10: Copy of EPA National Recommended Water Quality Criteria – Aquatic Life Criteria Table

Exhibit 11: Copy of EPA National Recommended Water Quality Criteria – Human Health Criteria Table

Exhibit 12: The Department PowerPoint presentation for the April 20, 2022, public hearing on Surface Water Quality Standards Regulations

Exhibit 13: Affidavit and Legal Ad Published in the Delaware State News March 9, 2022

Public Comments

Gregory Voight, EPA (5/4/22)

DNREC Div. of Fish and Wildlife (5/4/22)