DNREC advises that public comment period for Coastal Zone Conversion Permit Act regulations continues through July 9

DOVER – In accordance with the Coastal Zone Conversion Permit Act, the Department of Natural Resources and Environmental Control (DNREC) and Delaware’s Coastal Zone Industrial Control Board (CZICB) held a joint public hearing June 24 on proposed amendments to the Regulations Governing Delaware’s Coastal Zone, as set forth in 7 DE Admin. Code 101.

DNREC also reminds the public that the public comment period for the proposed amendments to Coastal Zone regulations remains open through close of business Tuesday, July 9, 2019. Comments may be emailed to Lisa.Vest@delaware.gov or submitted via U.S. Mail to Lisa Vest, Regulatory Specialist, Office of the Secretary, DNREC, 89 Kings Highway, Dover, DE 19901.

House Bill 190, which was ultimately codified as the Coastal Zone Conversion Permit Act (CZCPA) in 2017, amended the original Coastal Zone Act of 1971 and required DNREC to revise its Regulations Governing Delaware’s Coastal Zone (7 DE Admin. Code 101). Prior to the passage of the CZCPA, all heavy industry and bulk product transfer activities not in operation on June 28, 1971 were prohibited in the coastal zone. The CZCPA allows for the permitting of these activities under certain conditions. The proposed regulations specify these conditions in accordance with the CZCPA.

For more information pertaining to CZCPA regulations, please visit DNREC’s website at https://de.gov/czaregs.

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902.

Vol. 49, No. 174

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DNREC reschedules public hearing for Bloom Energy (Diamond State Generation Partners, LLC) air permitting applications for Jan. 10, 2019

DOVER – DNREC has rescheduled a public hearing on Delaware Air Regulation No. 1102 Natural Minor construction permit applications submitted by Bloom Energy (Diamond State Generation Partners, LLC) for Thursday, Jan. 10, 2019. The hearing will be held at 6 p.m. at DNREC’s offices at 391 Lukens Drive, New Castle, DE 19720.The logo for the Department of Natural Resources and Environmental Control

DNREC Secretary Shawn M. Garvin said the public hearing, originally to have taken place Thursday, Dec. 27, “was rescheduled out of consideration for the public with regard to the holiday season.”

The Jan. 10, 2019 hearing will address Bloom Energy’s permit application for replacing all the company’s fuel cells at Bloom’s Red Lion site located at 1593 River Road, New Castle and Bloom’s Brookside site located at 512 E. Chestnut Hill Road, Newark.

The application, draft permit and technical memorandum may be inspected at the offices of DNREC’s Division of Air Quality, State Street Commons, 100 W. Water Street, Suite 6A, Dover, DE 19904, and at DNREC offices at 715 Grantham Lane, New Castle, DE 19720. Bloom Energy (Diamond State Generation Partners, LLC) permit applications can also be found on the DNREC website at http://www.dnrec.delaware.gov/Air/Pages/Public-Hearings.aspx. More information about the public hearing is on the Delaware Public Meeting Calendar at https://publicmeetings.delaware.gov/Meeting/61370.

Anyone wishing to offer comment on this permit application may do so either orally or in written form at the public hearing on Thursday, Jan. 10, 2019. In lieu of attending the hearing, written comments can be submitted to the Hearing Officer Lisa A. Vest via either email to lisa.vest@delaware.gov or via USPS to:

Lisa A. Vest, Hearing Officer
Office of the Secretary
Department of Natural Resources and Environmental Control
89 Kings Highway
Dover, Delaware 19901

Vol. 48, No. 330

Michael Globetti, DNREC Public Affairs, 302-739-9902

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DNREC extends public comment period through Dec. 31 for Walan Specialty Construction Products, LLC’s Delaware air quality regulations construction permit

The logo for the Department of Natural Resources and Environmental ControlDOVER – In response to numerous requests from community associations, environmental advocates, and members of the public who attended a Nov. 20 DNREC public hearing on Walan Specialty Construction Products, LLC’s application for a construction permit administered by DNREC’s Division of Air Quality, the Department has extended the public comment period on the company’s permit application through close of business Dec. 31, 2018.

On Oct. 19, DNREC received a Regulation No. 1102 Natural Minor Construction Permit Application submitted by Walan Specialty Construction Products, LLC to construct a slag grinding, drying, and processing facility at the company’s proposed location for the facility at 501 Christiana Avenue in Wilmington.

Anyone wishing to submit written comment for DNREC Secretary Shawn M. Garvin’s consideration regarding Walan Specialty Construction Products, LLC’s construction permit application may do so by emailing DNREC Hearing Officer Lisa Vest at lisa.vest@delaware.gov, or by USPS to Ms. Vest’s attention c/o of DNREC Office of the Secretary, 89 Kings Highway, Dover, DE 19901. Comments must be submitted in written form and received by the Department no later than close of business (4:30 p.m.) on Dec. 31 for inclusion in the formal hearing record.

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902.

Vol. 48, No. 325

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DNREC to hold public hearing Wednesday, Oct. 10 in Dover on proposed revisions to sediment and stormwater regulations

The logo for the Department of Natural Resources and Environmental ControlDOVER – The Department of Natural Resources and Environmental Control’s Division of Watershed Stewardship will conduct a public hearing on proposed revisions to Delaware’s Sediment and Stormwater Regulations at 6 p.m. Wednesday, Oct. 10 in the DNREC Auditorium, Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901. The revisions address the October 2015 Delaware Superior Court decision in Baker v. DNREC, legislative changes to the regulations, and recommendations of the Sediment and Stormwater Regulatory Advisory Committee.

The proposed regulation revisions can be found in the September 2018 Delaware Register of Regulations. The proposed revisions may also be viewed in person at DNREC’s Richardson & Robbins Building. For more information, or to make an appointment to see the proposed regulation revisions at DNREC’s Dover offices, please contact Elaine Webb, DNREC Sediment and Stormwater Program, at 302-739-9921 or email Elaine.Webb@delaware.gov.

Interested parties may present statements and testimony, either verbally or in writing, on the proposed regulation changes at the Oct. 10 public hearing. Comments may also be submitted in writing by Oct. 25. Written statements and comments on the proposed regulation revisions should be addressed to: Elaine Webb, DNREC Sediment and Stormwater Program, 89 Kings Highway, Dover, DE 19901, or submitted by email to Elaine.Webb@delaware.gov.

Contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 48, No. 264


DNREC wants EPA public hearing moved to Delaware, longer public comment period for EPA’s proposed Clean Air Act denial

DOVER – Following the US Environmental Protection Agency’s recent proposal to deny Delaware recourse under the federal Clean Air Act for improving the state’s air quality, Department of Natural Resources and Environmental Control Secretary Shawn M. Garvin today urged EPA to follow regulatory procedure and provide the state with adequate opportunity to make a case for reducing out-of-state air pollution that comes into Delaware and continues to plague the First State.

On May 31, EPA Administrator Scott Pruitt signed a notice proposing to deny four CAA Section 126(b) petitions made by Delaware against four power plants in Pennsylvania and West Virginia that, according to EPA data, transport air pollution across state lines into Delaware. Governor John Carney responded with a public statement opposing EPA’s proposal to deny Delaware’s petitions.

The EPA has scheduled a public hearing on the proposed denial of the CAA petitions for June 22 in Washington, D.C.

In a letter to EPA, Secretary Garvin stated that “Delaware is deeply concerned at the setting of a public hearing less than two weeks after publishing EPA’s proposed action in the Federal Register.” Secretary Garvin requested that the public hearing take placce no sooner than 45 days following the date of publication of EPA’s proposed denial in the federal register, and that the public hearing be moved from Washington, D.C., to Wilmington.

Holding the hearing on the earlier date, as EPA intends, allows inadequate time for the state’s response to the proposed Delaware’s Clean Air Act petitions, Secretary Garvin wrote, and also noted that holding the public hearing in Washington, D.C., will limit participation by Delawareans, particularly those in the northern part of the state most affected by the poor air quality that besets Delaware from cross-state transport of air pollution.

In addition to a 45-day comment period leading up to the public hearing, Secretary Garvin requested that EPA hold open the comment period for at least 30 days following the hearing. In his letter, he noted that the EPA proposal signed by Administrator Pruitt indicated that EPA would receive written comments regarding the proposal for 45 days following the date that the proposal is published in the Federal Register. Yet on June 5, EPA released a notice of its intent to conduct the public hearing on June 22 at EPA’s headquarters in Washington.

CONTACT: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 48, No. 154