The Department of Natural Resources and Environmental Control (DNREC) will develop regulations to implement a new permit process to allow industrial reuse of 14 existing sites of heavy industry use within Delaware’s Coastal Zone.
Join the Coastal Zone Act email list (just send a blank email) for regular updates on the Conversion Permits project, related meetings, and Coastal Zone Act activities.
Meetings related to development of the Coastal Zone Conversion Permit are posted on the Delaware Public Meeting Calendar.
Final Recommendations Report (2/5/2018)
The Delaware Coastal Zone Conversion Permit Act (81 Del. Laws, c. 120)
The Delaware Coastal Zone Act (7 Del.C. Chapter 70)
Regulations Governing Delaware’s Coastal Zone (7 DE Admin Code 101)Public Workshop Materials
The new permit process is called for under the Coastal Zone Conversion Permit Act, which allows for conversion of these sites to additional or alternative heavy industry use. Permits for conversions will require an assessment of the environmental and economic impacts of the proposed conversion.
A final report outlining recommendations for the formation and work plan of a Regulatory Advisory Committee (RAC) for Coastal Zone Conversion Permits is complete and available to the public. The report, by the Consensus Building Institute, is based on a series of 31 stakeholder interviews, two public workshops attended by about 80 people, and 42 written public comments.
DNREC has accepted nominations for membership on a Regulatory Advisory Committee. Membership on the Committee and the date of the first committee meeting will be announced in mid-April.
In 1971, the Delaware Coastal Zone Act allowed heavy industry or bulk product transfer facilities on these 14 sites to continue while prohibiting new heavy industry uses in the Coastal Zone. Today, some of these sites are dormant or underutilized, and the prior use has been abandoned.
On August 2, 2017, Governor John Carney signed the Coastal Zone Conversion Permit Act, amending the Delaware Coastal Zone Act. The new Act authorizes DNREC to issue permits for construction and operation of new heavy industry uses within the 14 existing sites of heavy industry use within the state’s Coastal Zone. It also authorizes DNREC to issue permits for the bulk transfer of products under certain circumstances.
The Coastal Zone Conversion Permit Act requires DNREC to develop and promulgate regulations for the issuance of conversion permits by October 1, 2019. These regulations must be approved by the Coastal Zone Industrial Control Board, after a public hearing.
The Act also directs DNREC to provide a baseline report summarizing the contamination and remediation status of the 14 heavy industry use sites and to update this report every two years.
A Start Action Notice, signed by DNREC Secretary Garvin on September 28, 2017, was the first step in the regulatory process.
DNREC will develop the revised regulations in a transparent process with full public input and involvement. In order to promote the involvement of stakeholders, including regulated parties, large and small businesses, organized labor, communities, conservation and environmental organizations, regional and local government, and other affected persons, DNREC will work with a Regulatory Advisory Committee.
This committee will help draft proposed conversion permit regulations. It will also support public outreach and engagement efforts.
Public workshops, held early in the process, helped ensure that the concerns of stakeholders are addressed from the outset. More public workshops, later in the process, will provide updates and details on the proposed changes.
To begin the process, DNREC contracted with the Consensus Building Institute to conduct in-person stakeholder interviews during October and November of 2017. They have developed a framework for a collaborative regulatory development process. They have provided recommendations to DNREC for membership of the Regulatory Advisory Committee. It is expected to begin its work in the spring of 2018.
The initial proposed regulations will be submitted to the DNREC Secretary for review, along with a report summarizing the work of the Regulatory Advisory Committee. The Secretary will then publish a final draft of the regulations in the Register of Regulations, along with a date for a public hearing and submission of written comments.
Until the new regulations are formally adopted, Coastal Zone Conversion Permits may be issued following the statutory and existing regulatory framework.