DOVER – 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

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

DOVER – The Delaware Department of Natural Resources and Environmental Control (DNREC) and the Delaware Department of Agriculture (DDA) have proposed new regulations expanding the scope of legal possession of firearms within Delaware’s state parks, state wildlife areas and state forests. Both agencies submitted the proposed regulations for publication in the Feb. 1 Monthly Register in response to a Dec. 7, 2017 Delaware Supreme Court decision that overturned a Superior Court ruling and expanded the scope of visitors’ ability to possess firearms in Delaware’s state parks under DNREC’s authority and state forests which are under the DDA’s jurisdiction.

Following the Court’s decision to invalidate existing regulations limiting firearms in those state lands, DNREC and DDA earlier issued interim regulations which went into effect on Dec. 26, 2017. The interim regulations, issued by Orders of the DNREC and DDA Secretaries, respect the State Constitutional provisions on firearms cited by the Supreme Court in its ruling, by implementing the State’s interest in ensuring public safety in a less restrictive manner. Interim regulations are effective for 120 days, with the possibility of a 60-day extension, for a total of 180 days before new regulations must be promulgated.

The proposed regulations by DNREC and DDA, pursuant to the Supreme Court ruling, state that visitors may legally possess firearms, as allowed by Delaware law, in state parks, wildlife areas and forests unless they are prohibited by law due to a past conviction for a violent crime, active Protection from Abuse Order, or mental health commitment. This would include, for example, trails, unguarded beaches, parking lots, and vehicles. The proposed regulations prohibit firearms only in certain public facilities and designated areas such as park offices, visitor centers, nature centers, bathhouses, stadiums and facilities while used for events, museums, zoos, stables, educational facilities, dormitories, playgrounds, camping areas, swimming pools, guarded beaches, and water parks. Proposed regulations call for these designated areas to be identified by appropriate signage.

The proposed regulations allow holders of valid Delaware concealed-carry permits to carry within parks, including designated areas, provided only that the permit be produced upon request. The regulations would further allow active-duty law and qualified retired law enforcement officers to carry anywhere within the parks and other areas affected by Supreme Court decision. The proposed regulations can be found on the DNREC website.

A public hearing on the proposed regulations will be held March 12 at 6 p.m. in DNREC’s Richardson & Robbins Auditorium, 89 Kings Highway, Dover, DE 19901. Public workshops on the proposed regulations will be held in February in all three counties in advance of the March 12 public hearing. The dates, times and locations of the workshops are:

• New Castle County: Thursday, Feb. 15, 6 p.m., DNREC offices, 391 Lukens Drive, New Castle, DE 19720
• Kent County: Tuesday, Feb. 20, 6 p.m., DNREC R&R Auditorium, 89 Kings Highway, Dover, DE 19901
• Sussex County: Thursday, Feb. 22, 6 p.m., Sussex Central High School Auditorium, 26026 Patriots Way, Georgetown, DE 19947

Vol. 48, No. 10

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

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DOVER – Due to the volume of requests and interest expressed at a Jan. 25 public hearing regarding an application by Blessings Greenhouses and Compost’s Milford facility for a Non-Hazardous Liquid Waste Transporters Permit, DNREC Hearing Officer Lisa Vest announced that the record will remain open through March 3 to allow more time for concerned groups and individuals to submit additional public comment.

DNREC’s Groundwater Discharges Section received a Non-Hazardous Liquid Waste Haulers Permit application Nov. 2, 2016 from Blessings to transport dissolved air flotation (DAF) cake from Perdue Foods LLC, located at 255 North Rehoboth Boulevard in Milford to Blessings Greenhouses and Compost’s Milford facility at 9372 Draper Road. The company’s application, hearing transcript, and exhibits for the proposed permit are available for inspection at DNREC’s Richardson & Robbins Building in Dover by contacting Kathy Potter via email at Katharyn.Potter@delaware.gov or by phone at (302) 739-9948 in advance to arrange for viewing.

Anyone wishing to submit public comment for the DNREC Secretary’s consideration before ruling on Blessings Greenhouses and Compost Facility’s application for a Liquid Waste Transporters Permit may email their comments (preferred) to Hearing Officer Lisa Vest, or submit via U.S. Mail to Ms. Vest, c/o DNREC, 89 Kings Highway, Dover, DE 19901, or FAX comments to (302) 739-1174. Comments will be accepted through DNREC close of business Friday, March 3. Comments must be submitted in written form for inclusion in the formal hearing record.

Vol. 47, No. 36

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DOVER – DNREC’s Division of Waste & Hazardous Substances will conduct a public hearing on Delaware’s proposed Universal Recycling Regulations Monday, Nov. 21 starting at 4 p.m. in the DNREC Auditorium, 89 Kings Highway SW, Dover, DE 19901.

Purposes of the proposed Universal Recycling Regulations are to ensure:

• that the proper programs and collection services for recyclable materials are implemented, maintained, and consistent with the law;
• that the collected recycled materials are diverted from landfill disposal or incineration;
• that the recyclable materials are otherwise properly processed and enter the marketplace;
• that recycling in Delaware can be effectively measured; and
• that waste diversion is maximized through the reduction of solid waste deposited in the state’s landfills.

The proposed Universal Recycling Regulations can be found on DNREC’s website or viewed at DNREC’s Richardson & Robbins Building, 89 Kings Highway SW, Dover, DE 19901. For more information or to obtain a copy of the proposed regulations, please contact Don Long of DNREC’s Recycling Team and the Solid & Hazardous Waste Management Section at 302-739-9403 (ext . 8) or email donald.long@delaware.gov.

The public comment period on the proposed Universal Recycling Regulations opened Tuesday, Nov. 1. Anyone may submit comments in writing on the proposed regulations by 4:30 p.m. Dec. 9. If you are unable to attend the public hearing, you may still submit written public comments. It is requested that those interested in presenting statements at the public hearing register in advance by Nov. 18, and that statements and written comments on the proposed recycling regulations be addressed to: Robert Haynes, Esq., Hearing Officer, DNREC, 89 Kings Highway SW, Dover, DE. 19901, or email Robert.Haynes@delaware.gov.

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

Vol. 46, No. 367