The Division of Waste and Hazardous Substances will conduct a virtual public hearing (Docket #2020-R-WH-0005) on proposed revisions to the state’s regulations governing Underground Storage Tank Systems. Public comment period closed.

The objectives of revising the Underground Storage Tank Systems regulations (7 DE Admin. Code 1351) are to clarify existing regulatory language, add clarifying language, include a federally-mandated compliance deadline, and to correct typographical and grammatical errors.

The proposed amendments may be inspected online in the Delaware Register of Regulations or in-person, by appointment only, by contacting Jason Sunde, at 302-739-9403 or by email at Jason.Sunde@delaware.gov.

Those wishing to offer verbal comments during DNREC virtual public hearings must pre-register no later than noon on the date of the virtual hearing at de.gov/dnreccomments or by telephone at 302-739-9295.

The Department will accept public comment through the close of business on Thursday, Dec. 24, 2020. 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

Secretary’s Order No. 2021-WH-0001 — Approving Final Regulatory Amendments to 7 DE Admin. Code 1351: Underground Storage Tank Systems (Effective Date: Feb. 21, 2021)

Proposed DNREC Exhibits

Exhibit 1. Excerpts from applicable sections of current regulations governing Underground Storage Tank (UST) Systems [published January 1, 2020] citing the proposed changes to promulgated language

Exhibit 2. Signed Start Action Notice #2020-01

Exhibit 3. Regulatory Flexibility Analysis and Impact Statement Form

Exhibit 4. Legal Request – DOJ Review of Draft UST Regulatory Revision

Exhibit 5. State of Delaware Public Meeting Calendar Notice of Public Hearing scheduled for December 9, 2020 at 6:00 p.m. using the State’s WebEx platform

Exhibit 6. Register Notice of Public Hearing on 1351 Underground Storage Tank System Regulations scheduled for December 9, 2020

Exhibit 7. Legal Notice of Public Hearing on 1351 Underground Storage Tank System Regulations

Exhibit 8. Affidavit of Publication, Legal Notice of Public Hearing, Delaware State News, published November 15, 2020, advertising the December 9, 2020 Public Hearing on Regulations Governing Underground Storage Tank Systems

Exhibit 9. Legal Notice of Public Hearing, The News Journal, published November 15, 2020 advertising the December 9, 2020 Public Hearing on Regulations Governing Underground Storage Tank Systems

Exhibit 10. The Department PowerPoint presentation for the December 9, 2020 Public Hearing on Regulations Governing Underground Storage Tank Systems

Public Comments

Courtney (12/11/20)