DOVER – Final amendments to the Regulations Governing Delaware’s Coastal Zone, approved Aug. 26 by the Coastal Zone Industrial Control Board (CZICB), have been published in the September Register of Regulations and become effective Sept. 11, 2019, Department of Natural Resources and Environmental Control Secretary Shawn M. Garvin announced today.

HB190, signed into law by Governor John Carney on Aug. 2, 2017, authorized the Department of Natural Resources and Environmental Control (DNREC) to issue permits for construction and operation of new heavy industry uses at 14 existing heavy industry use sites within the state’s Coastal Zone. Like standard Coastal Zone permits, conversion permits require an assessment of the environmental and economic impacts of the proposed conversion.

To begin the process of developing regulations, DNREC Secretary Garvin convened a Regulatory Advisory Committee (RAC), comprising various stakeholder groups and chaired by retired Delaware Supreme Court Justice Randy Holland. The committee provided recommendations on a number of issues, including a Sea Level Rise and Coastal Storms Plan, an Environmental Remediation and Stabilization Plan, and evidence of financial assurance. DNREC then held public workshops to gather input on developing regulations for issuing permits.

The committee’s work and recommendations were presented at open houses, where public comments were received. Comments also were submitted to DNREC during a public comment period. The Secretary’s draft regulations and amendments were also presented to the CZICB for approval, as mandated by the Coastal Zone Conversion Permit Act.

“From the start of the process, DNREC has been committed to developing the regulations governing Delaware’s Coastal Zone Act Conversion Permit, consistent with the law, in a transparent manner that facilitated and encouraged public input and involvement,” Secretary Garvin said. “The new regulations incorporate recommendations from the RAC, technical experts, and the public that were received throughout the process.”

The regulations provide for Coastal Zone Conversion Permits to return industrial sites to active or more productive use while ensuring the protection of natural resources.

The new Regulations Governing Delaware’s Coastal Zone can be found online at Delaware’s Register of Regulations.

Media contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 49, No. 229

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DOVER – The sixth meeting of the Coastal Zone Conversion Permit Act Regulatory Advisory Committee (RAC) will be held at 9 a.m., Wednesday, Nov. 7, at DNREC’s Lukens Drive Office, Pat Ellis Conference Room and Conference Room B, 391 Lukens Drive, New Castle, DE 19720. More information about the Nov. 7 RAC meeting, including the agenda, can be found on the state public meeting calendar at https://publicmeetings.delaware.gov/Meeting/60812.

The four CZCPA Work Groups – Economic Effect, Environmental Impact, Risk Evaluation and Financial Assurance, and Offsets – also each meet regularly to provide the CZCPA RAC with support on technical subject areas. Work Group meetings scheduled in November are:

• Offsets (tentative meeting), 9 a.m.-noon, Tuesday, Nov. 15, DNREC’s Lukens Drive Office, Conference Room B, 391 Lukens Drive, New Castle, DE 19720.
• Environmental Impact, 1-4 p.m., Wednesday, Nov. 28, DNREC’s Lukens Drive Office, Conference Room B, 391 Lukens Drive, New Castle, DE 19720.
• Economic Effect (tentative meeting), 9 a.m.-noon, Wednesday, Nov. 28, DNREC’s Lukens Drive Office, Pat Ellis Conference Room, 391 Lukens Drive, New Castle, DE 19720.
• Risk Evaluation and Financial Assurance (tentative meeting), 1-4:30 p.m., Wednesday, Nov. 28 (Note: This meeting is rescheduled from Nov. 29), DNREC’s Grantham Lane Office, West Wing Conference Room, 715 Grantham Lane, New Castle, DE 19720.

The next CZCPA RAC meeting is scheduled for Tuesday, Dec. 11, starting at 9 a.m. at the Bellevue Community Center, 510 Duncan Road, Wilmington, DE 19809.

All RAC meetings and related CZCPA Work Group meetings are open to the public. Information about future meetings also can be found on the Coastal Zone Conversion Permits webpage. For more information, the public can sign up for the Coastal Zone Conservation Permit Act listserv by sending a blank email to join-dnrec_coastal_zone@lists.state.de.us.

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

Vol. 48, No. 302

DOVER – The Department of Natural Resources and Environmental Control announced today that a final report outlining recommendations for the formation and work plan of a regulatory advisory committee (RAC) for Coastal Zone Conversion Permits has been completed and is available to the public.

The report – prepared by the non-profit Consensus Building Institute (CBI) – contains 13 recommendations for DNREC to consider as the Department establishes a regulatory advisory committee to develop regulations for Coastal Zone Conversion Permits. Those recommendations were informed by a series of one-on-one interviews with stakeholders held in October 2017, by two public workshops held last November, and by public comments on the draft document made available in December.

The report, available on the DNREC website at de.gov/conversionpermits, also contains a list of stakeholders interviewed by CBI, a summary of the public workshops, and a compilation of public comments received on the draft report, among other resources.

HB 190, the Coastal Zone Conversion Permit Act, was signed into law by Governor Carney in August 2017. The Act authorizes DNREC to issue permits for construction and operation of new heavy industry uses within 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 Act requires DNREC to develop and promulgate regulations for the issuance of conversion permits by Oct. 1, 2019.

DNREC will use the recommendations and information contained in the report to guide the formation and work of the regulatory advisory committee. DNREC intends to begin soliciting nominations for committee members in mid-February and anticipates hosting an initial RAC meeting in April.

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

Vol. 48, No. 22

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DOVER – The Department of Natural Resources and Environmental Control announced today that a draft report outlining recommendations for the formation and work plan of a Regulatory Advisory Committee (RAC) for Coastal Zone Conversion Permits is now available for public review and comment. Comments on the draft report – prepared by the non-profit Consensus Building Institute (CBI) of Cambridge, Mass. – will be accepted through Jan. 19, 2018.

The report contains 13 recommendations for DNREC to consider as it establishes a Regulatory Advisory Committee to develop regulations for Coastal Zone Conversion Permits. The recommendations were informed by a series of interviews with stakeholders held in October and by two public workshops held in November. The report, available on the DNREC website at http://de.gov/conversionpermits, also contains a list of stakeholders interviewed by CBI and a summary of the public workshops.

Comments on the report can be submitted by emailing CZA_Conversion_Permits@delaware.gov, by USPS mail addressed to CZA Conversion Permits comment, Attn: Kevin Coyle, 100 West Water Street, Suite 5A, Dover, DE 19904, or via online survey found at https://www.surveymonkey.com/r/CZCPArac.

HB 190, the Coastal Zone Conversion Permit Act, was signed into law by Governor Carney in August. The Act authorizes DNREC to issue permits for construction and operation of new heavy industry uses within 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 Act requires DNREC to develop and promulgate regulations for the issuance of conversion permits by Oct1, 2019.

Vol. 47, No. 270

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

DOVER – Today the Department of Natural Resources and Environmental Control (DNREC) announced the initiation of the process to amend Delaware Coastal Zone Act regulations to incorporate the provisions of the Coastal Zone Conversion Permit Act (HB190).

Governor John Carney signed HB190 into law on Aug. 2. The Act authorizes DNREC to issue permits for construction and operation of new heavy industry uses at 14 existing heavy industry use sites within the state’s Coastal Zone. Permits for conversions will require an assessment of the environmental and economic impacts of the proposed conversion. The Act directs DNREC to develop and promulgate regulations for the issuance of conversion permits by October 1, 2019. This process focuses strictly on the conversion permit.

On Sept. 28, DNREC Secretary Shawn M. Garvin signed an internal Start Action Notice for these regulations, officially starting the regulatory development process to implement Coastal Zone Conversion Permits. “DNREC is committed to developing the regulations governing Delaware’s Coastal Zone Act Conversion Permit in a transparent manner that facilitates and encourages public input and involvement,” Secretary Garvin said.

To meet this goal, DNREC has contracted with the Consensus Building Institute to conduct initial stakeholder interviews and to develop a framework for a collaborative regulatory development process. At the conclusion of this initial phase, DNREC will establish a Regulatory Advisory Committee (RAC) who will be tasked with helping to draft proposed conversion permit regulations. In order to ensure a wide representation, the RAC will be composed of stakeholders including regulated parties, large and small businesses, organized labor, communities, conservation and environmental organizations, regional and local government, and other affected persons.

RAC meetings will be open to the public and posted on the Statewide Meeting Calendar. DNREC also has created a webpage – de.gov/conversionpermits – where interested parties can find information on the conversion permit regulation activities. The webpage includes a link to the Remediation Status Baseline Report on Existing Heavy Industry Use Sites that was completed and delivered to the Governor and the General Assembly, as well as links to the Coastal Zone Conversion Permit Act and Regulations Governing Delaware’s Coastal Zone. The public can also sign up for a listserv (by sending a blank email to join-dnrec_coastal_zone@lists.state.de.us) to receive periodic updates on the Coastal Zone Conversion Permit regulatory process. (Note: This page was updated on October 14 to correct an erroneous email address)

Vol. 47, No. 212

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