Comments for Record May be Submitted Via Various Channels, Including Email

The Delaware Department of Natural Resources and Environmental Control is accepting public comments for the record ahead of the April 26 public hearing on the state’s potential adoption of Advanced Clean Car II (ACC II) regulations. The proposed regulations include requirements for automobile manufacturers to deliver an increasing percentage zero-emission vehicles (ZEV) to dealerships in Delaware, providing more choices to those who want to buy a new battery-electric, plug-in hybrid electric or fuel cell electric car.

The proposed amendments are available in the Delaware Register of Regulations.

All public comments made directly to DNREC – whether received verbally at the public hearing or in writing before or after the hearing – will be entered into the public record and will be considered equally by the DNREC Secretary in making decisions on the proposed regulation. It is not necessary to submit comments elsewhere – and only comments made to DNREC and entered into the public record will be considered by the Department as part of the rulemaking decision process.

Comments about the state’s potential adoption of the ACC II regulations will be accepted through May 26 in written form via email to DNRECHearingComments@delaware.gov, or by using the online form at de.gov/dnreccomments, or by U.S. mail to Theresa Newman, Hearing Officer, c/o DNREC Office of the Secretary, 89 Kings Highway, Dover, DE 19901.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities, and educates Delawareans about the environment. The DNREC Division of Air Quality monitors and regulates all emissions to the air. For more information, visit the website and connect with @DelawareDNREC on Facebook, Instagram, Twitter or LinkedIn.

Media Contacts: Michael Globetti, michael.globetti@delaware.gov ; Nikki Lavoie, nikki.lavoie@delaware.gov

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The Atlantic States Marine Fisheries Commission will hold a public hearing Dec. 15 in Delaware relating to the Atlantic Striped Bass Interstate Fishery Management Plan /DNREC graphic: Duane Raver

Proposal Would Enable Transfer of Commercial Ocean Harvest Quota Between States

The Atlantic States Marine Fisheries Commission (ASMFC) will hold a public hearing in hybrid format – to include a Delaware in-person venue – from 6 to 8 p.m. on Thursday, Dec. 15 to gather public input on Draft Addendum I to Amendment 7 to the Atlantic Striped Bass Interstate Fishery Management Plan, the Delaware Department of Natural Resources and Environmental Control announced today.

Draft Addendum I proposes a range of options for the voluntary transfer of unused striped bass ocean commercial harvest quota between ASMFC member states to include Delaware. The draft addendum also considers quota transfer options based on striped bass stock status and the ASMFC establishing future quota transfer criteria.

The ASMFC’s hybrid hearing format will allow the public to participate in-person or remotely. The in-person meeting will be held at the Kent County Conservation District, 1679 S. DuPont Hwy., Dover 19901. More information on the hearing, including instructions for attending remotely and for commenting on Draft Addendum I, can be found on the Delaware Public Meeting Calendar.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities and educates Delawareans about the environment. The DNREC Division of Fish and Wildlife conserves and manages Delaware’s fish and wildlife and their habitats, and provides fishing, hunting, wildlife viewing and boating access on nearly 65,000 acres of public land. For more information, visit the website and connect with @DelawareDNREC on Facebook, Instagram,  Twitter or LinkedIn.

Media Contact: Michael Globetti, michael.globetti@delaware.gov

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Public Comment to be Accepted Before, During and After Hearing on Bioenergy Devco’s Expansion Plans for Existing Composting Operation

The Delaware Department of Natural Resources and Environmental Control will hold a virtual public hearing Wednesday, Oct. 26 at 6 p.m. on the proposed expansion by Bioenergy Devco (BDC) of its existing composting facility in Seaford, Del. to transform organic waste into renewable energy. The proposed project will require multiple permits from DNREC, spanning several of the Department’s divisions, including Air Quality, Waste and Hazardous Substances, and Water. Detailed information about the project and additional related resources – including English, Spanish and Haitian Creole versions of both the DNREC public notice about the hearing and the presentation made at a DNREC virtual community workshop held Sept. 28 – can be found at de.gov/biodevco.

The public hearing will allow attendees who have pre-registered with DNREC to offer comments on Bioenergy Devco’s permit applications to be entered into the public record. All public comments made directly to DNREC – whether received verbally at the public hearing or in writing before or after the hearing – have the same weight and will be considered equally by the DNREC Secretary in making a decision on whether to grant the permits that BDC would require for proceeding with its expansion plans. It is not necessary to submit comments elsewhere – and only comments made to DNREC and entered into the public record will be considered by the Department as part of the permit decision process. Closed captioning, in languages including English and Spanish, is available as an option for comments from the community. Registration and connection information for the hearing can be found on DNREC’s Bioenergy Devco public hearing webpage.

BDC’s facility is currently permitted by DNREC to accept organic waste from approved poultry industry sources for composting. The proposed facility expansion would give BDC the capacity for receiving and processing up to 250,000 tons per year of permitted organic waste. In addition to the proposed anaerobic digestion system, the expansion plans also include construction of a wastewater pre-treatment system and a biogas upgrading plant. There is also a proposed emergency generator in the expansion plans.

Byproducts from the process would include pipeline-grade renewable natural gas (RNG) and digestate, which would be dewatered and is proposed for use in the adjacent compost facility – or to be marketed in the future as a soil amendment that can be turned into compost (and which would require a distribution and marketing permit that is not part of the current proposed project and permit applications).

Specifically, the DNREC permits BDC has applied for include:

• A resource recovery facility permit from the DNREC Division of Waste and Hazardous Substances to construct an anaerobic digestion system, biogas upgrading plant, and compost facility, designed to process poultry industry wastes into digestate, pipeline-grade renewable natural gas (RNG), and compost. Wastes the facility will accept include poultry litter, hatchery waste, dissolved air flotation (DAF) solid cake and liquid sludge, offal, waste activated sludge, and fats, oils, and greases.
• Two 1102 Natural Minor air pollution permits from the DNREC Division of Air Quality to construct a natural gas-fired emergency generator with a standby power rating of 1,082 kilowatts (kW) (1,451 horsepower) and four anaerobic digesters with associated biogas upgrade and air pollution control equipment. The engine used in the proposed generator set is certified to comply with, and will be required to adhere to, U.S. Environmental Protection Agency regulations.
• Two wastewater facility construction permits from the DNREC Division of Water to construct an anaerobic digestion system and a wastewater pre-treatment system as part of the proposed resource recovery facility that processes poultry industry wastes into digestate, pipeline-grade renewable natural gas and compost. The anaerobic digestion system and wastewater pretreatment system will include three 0.208-million-gallon (MG) pretreatment tanks, and four 1.95 MG fermentation tanks, a Membrane Bioreactor System (MBR), a 0.198 MG anoxic tank, a 0.412 MG aerobic reactor, a 0.198 MG ultrafiltration feeding tank and ultrafiltration and reverse osmosis treatment systems. The treated wastewater will be pumped and hauled to the Seaford wastewater treatment and disposal facility. BDC plans for a future construction phase will eliminate the need to transport the wastewater via truck by constructing a sanitary sewer pump station and force main that will connect to a future city of Seaford force main located in front of the BDC biogas site on Seaford Road.

BDC’s permit applications and supporting materials can be found in detail on the DNREC website, de.gov/biodevco.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities, and educates Delawareans about the environment. The DNREC Division of Air Quality monitors and regulates all emissions to the air. The DNREC Division of Waste and Hazardous Substances ensures Delaware’s wastes are managed to protect human life, health, safety and the environment. The DNREC Division of Water manages and protects Delaware’s water resources. For more information, visit the website and connect with @DelawareDNREC on Facebook, Twitter or LinkedIn.

Media Contact: Michael Globetti, michael.globetti@delaware.gov

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The Atlantic Striped Bass Fisheries Management Plan is the topic of March 10 virtual public hearing for Delaware by the Atlantic States Marine Fisheries Commission. Graphic credit: Duane Raver for DNREC.

The Atlantic States Marine Fisheries Commission (ASMFC) will hold a virtual public hearing for Delaware regarding Draft Amendment 7 to the Atlantic Striped Bass management plan on Thursday, March 10 from 6-8 p.m., the Department of Natural Resources and Environmental Control announced today. Atlantic coastal states from Maine through Virginia have scheduled hearings to gather public input on the proposed changes to striped bass management through the draft amendment.

Draft Amendment 7 proposes options to address the following issues: management triggers – population indicators that require the ASMFC to take management action, recreational release mortality, stock rebuilding plan and conservation equivalency, which allows states to develop their own measures that equal measures required by the ASMFC’s fisheries management plan. These issues were identified during the public scoping process for Amendment 7 as important to helping rebuild the Atlantic striped bass stock and updating the management program.

To register for the virtual public hearing and for more information about providing input during the hearing, visit the ASMFC website.

The commission will also post a recording of the hearing presentation on the ASMFC’s YouTube page so that stakeholders may watch the presentation and submit comment at any time during the comment period, which runs until11:59 p.m. EDT April 15, 2022. The recording of the presentation will be available prior to the hearing.

Draft Amendment 7 is available on the the ASMFC website. Public comments should be sent to Emilie Franke, FMP Coordinator, at 1050 N. Highland St., Suite 200 A-N, Arlington, Virginia 22201; faxed to 703-842-0741, or emailed to comments@asmfc.org (with “Draft Amendment 7” in the subject line).

Any Delaware interest group planning to release an action alert during the comment period in response to Draft Amendment 7 is asked to email Emilie Franke at efranke@asmfc.org, or call 703-842-0740 for guidance on how best to organize and summarize incoming comments for ASMFC Board review.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities, and educates Delawareans about the environment. The DNREC Division of Fish and Wildlife conserves and manages Delaware’s fish and wildlife and their habitats, and provides fishing, hunting, wildlife viewing and boating access on nearly 68,000 acres of public land. For more information, visit the website and connect with @DelawareDNREC on Facebook, Twitter or LinkedIn.

Media Contacts: Michael Globetti, michael.globetti@delaware.gov; Nikki Lavoie, nikki.lavoie@delaware.gov

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The Delaware Department of Natural Resources and Environmental Control has issued two state authorizations to the Diamond State Port Corporation (DSPC) toward its redevelopment of the former Chemours Edgemoor industrial site as a shipping container facility. DNREC Secretary Shawn M. Garvin signed an order today approving a subaqueous lands permit, and a federal consistency certification.

The plant site, located at 4600 Hay Road, Edgemoor, was sold by Chemours to the DSPC in 2017. The plant was demolished by Chemours prior to the sale, and all applicable DNREC permits were transferred to the DSPC.

DNREC held a public hearing Sept. 29, 2020, to assure both efficiency and transparency, and to ensure the public was afforded opportunity to provide meaningful comment on the proposed project. More than 50 members attended the virtual hearing and DNREC acknowledged the high interest in the project by extending the public comment period through Dec. 1, 2020. DNREC received nearly 200 public comments.

The subaqueous lands permit issued today by the DNREC Division of Water authorizes DSPC to build a 112-foot wide by 2,600-foot long wharf, dredge the berth and access channel to a depth of 45 feet below mean low water, and install 3,200 feet of bulkhead along the shoreline.

The second authorization, a federal consistency certification required from the DNREC Division of Climate, Coastal and Energy, concurs that the activities associated with the proposed project complies with the enforceable policies of the DNREC Coastal Management Program.

Both DNREC authorizations require compensatory mitigation, including to offset the filling of some subaqueous lands belonging to the state as part of the construction of the proposed container port. The mitigation required includes:

• Constructing over an acre of intertidal wetland habitat along the Delaware River
• Funding an Environmental DNA Fisheries Monitoring Program for the state
• Creating new public access at Fox Point State Park to the natural resources of the Delaware River

The DNREC Secretary’s Order entailing approval of both applications concludes that the DSPC has adequately demonstrated compliance with all requirements of the statutes and regulations, has submitted the requisite Compensatory Mitigation Plan required for the filling of 5.5 acres of subaqueous lands of the state of Delaware related to the proposed construction associated with this project, and is continuing to work with the Department to assure that all commitments and ongoing compliance requirements are met.

The Department has concluded that the permit and certifications issued today are appropriately conditioned to ensure continued protection of public health and the environment.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities and educates Delawareans about the environment. The DNREC Division of Climate, Coastal and Energy uses science, education, policy development and incentives to address Delaware’s climate, energy and coastal challenges. The DNREC Division of Water manages and protects Delaware’s water resources. For more information, visit the website and connect with @DelawareDNREC on Facebook, Twitter or LinkedIn.

Media Contacts: Nikki Lavoie, nikki.lavoie@delaware.gov; Michael Globetti, michael.globetti@delaware.gov

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