NEWS FROM THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
CONTACT: Michael Globetti, DNREC Public Affairs, 302-739-9902
DNREC revises proposed amendments to Aboveground Storage Tank Regulations and reopens comment period
DOVER (Feb. 2, 2017) – DNREC’s Division of Waste & Hazardous Substances has reopened the public comment period and revised proposed amendments to Delaware’s Regulations Governing Aboveground Storage Tanks, as set forth in 7 DE Admin. Code 1352. The 30-day public comment period regarding the revised proposed amendments will be from Feb. 1 through DNREC close of business March 3.
The Department has revised the proposed amendments based on comments received prior to the Dec. 21, 2016 end of the initial public comment period. The revisions also correct formatting errors found in the original proposed amendments. The purpose of the proposed regulatory action is to clarify technical requirements applicable to aboveground storage tank (AST) systems and specify applicable industry-based reference standards published by the American Petroleum Institute and other trade organizations. Additionally, the regulations propose minimum distances for locating new ASTs near private and public wells consistent with requirements set forth by DNREC’s Well Permitting Regulations. Also, actions required in terms of both reporting and corrective action when AST releases occur have been updated to provide greater clarify and specificity.
The revised proposed regulations were published in the Feb. 1, 2017 edition of the Register of Regulations and can be viewed on the DNREC website at http://www.dnrec.delaware.gov/tanks/Pages/AST-Program.aspx
A public hearing on the initial draft of the proposed amendments was held Dec. 6, 2016. An additional public hearing will NOT be held on the revised proposed amendments unless the Secretary of DNREC receives a request. Comments may be emailed to Lisa Vest or sent by US Mail to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901.
This proposed promulgation falls under the Regulatory Transparency and Accountability Acts of 2015, which requires that agencies proposing new or amended regulations that affect small businesses or individuals to submit a Regulatory Flexibility Analysis (RFA) and Regulatory Impact Statement (RIS). Both these documents are available on the Delaware.gov website, and include consideration and addressing of possible economic impacts of the proposed regulatory amendments.
Vol. 47, No. 27