Regulatory Update

Recently Adopted Regulations

2001-23

 Establish Total Maximum Daily Loads (TMDLs) for the Appoquinimink River Watershed. This action establishes TMDLs for nitrogen, phosphorous and CBOD-5 (5-day carbonaceous biochemical oxygen demand) in the Appoquinimink River Watershed in Delaware. A TMDL sets a limit on the amount of a pollutant that can be discharged into a water body and still protect water quality. TMDLs are composed of three components, waste load allocations for point source discharges, load allocations for nonpoint sources and a margin of safety to account for uncertainties and future growth. Contact John Schneider – 739-4590.  Effective date – Dec. 11, 2001

2001-19

 Establish Total Maximum Daily Loads (TMDLs) for the Murderkill River Watershed. This action establishes TMDLs for nitrogen, phosphorous and CBOD5 (5-day carbonaceous biochemical oxygen demand) for the Murderkill River Watershed in Delaware. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. TMDLs are composed of three components including waste load allocations for point source discharges, load allocations for nonpoint sources and a margin of safety to account for uncertainties and future growth. Contact John Schneider – 739-4590.  Effective date – Dec. 11, 2001

2001-16

 Proposed new Regulation No. 43, "Not to Exceed California Heavy Duty Diesel Engine Standards of Delaware's Regulations Governing the Control of Air Pollution. This regulation would incorporate by reference the "Not to Exceed" California rules covering new heavy duty diesel engines registered for model years 2005 and 2006 that require manufactures to perform supplemental test procedures, and would cover a gap in the legal requirements on manufacturers that will ensure diesel powered heavy duty vehicles will continue to reduce nitrogen oxides (NOx) emissions in the years between those covered by a court consent decree and the adopted federal standards which begin in model year 2007. Contact Philip Wheeler, 739-4791. Effective date – Dec. 11, 2001

2001-12

 New Regulation 42, Source Specific Emission Control Requirements of the Delaware Regulations Governing the Control of Air Pollution. Kent and New Castle counties are located within the Philadelphia-Wilmington-Trenton 1-hour ozone non-attainment area. On Dec. 19, 1999 the U.S. EPA identified an emission reduction "shortfall" associated with this non-attainment area. One of the measures the Department is taking to alleviate the shortfall is to establish NOx emission limits applicable to three boilers owned and operated by Sunoco, Inc. Contact Ron Amirikian, 739-4791. Effective date – Dec. 11, 2001

2001-11

 Amendment to the Regulations for Licensing Operators of Wastewater Facilities. This action would revise the regulations for consistency of terminology, clarity, and would update the point system classification of wastewater facilities to reflect new terminologies. Contact Joe Mulrooney, 739-5731. Effective date – Dec. 11. 2001

2001-17

 State Implementation Plan Development: Evaluation of Applicability of Reasonably Available Control Measures to Assist in Attaining the Ozone Air Quality Standard. This action provides the public with an addendum to the adopted State Implementation Plan Revision that demonstrates Delaware's strategy for attaining the 1-hour national ambient air quality standards for ground level ozone by the year 2005. The analysis is required by the Clean Air Act and explains why transportation control measures were not adopted as emission control strategies in the State Implementation Plan. Contact Philip Wheeler, 739-4791. Effective date – Nov. 11, 2001 

2001-13

 Non-regulatory action entitled, "Measures to Meet the EPA Identified Shortfalls in the Delaware Phase II Attainment Demonstration for the Philadelphia-Wilmington-Trenton Severe Ozone Nonattainment Area (NAA) May 1998." This revision of Delaware's State Implementation Plan demonstrates how Delaware will meet the shortfalls for emission reductions of VOCs and NOx to ensure attainment of the 1-hour ozone National Ambient Air Quality Standard within the Philadelphia-Wilmington-Trenton severe ozone non-attainment area within which Kent and New Castle counties are located. Contact Ray Malenfant or Mohammed Majeed, 739-4791. Effective date – Nov. 11, 2001

2001-09

 Amendment to Regulation 24, Control of Volatile Organic Compound Emissions, Section 11 (Motor Vehicle Refinishing) of Delaware's Regulations Governing the Control of Air Pollution. Regulating emissions from Mobile Equipment Refinishing and Repair is one of the measures adopted to obtain additional reductions of NOx and VOC emissions as required for the proposed U.S. EPA approval of Delaware's 1-hour ozone attainment demonstration State Implementation Plan. Contact Deanna Morozowich, 739-4791. Effective date – Nov. 11, 2001

2001-08

 Amendment to Regulations Governing the Control of Air Pollution by adding Regulation 41, Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products, Section 3, "Portable Fuel Containers." Regulating emissions from Portable Fuel Containers is one of the measures adopted to obtain additional reductions of NOx and VOC emissions as required for the proposed U.S. EPA approval of Delaware's 1-hour ozone attainment demonstration State Implementation Plan. Contact Deanna Morozowich, 739-4791. Effective date – Nov. 11, 2001

2000-22

 Amendment to Regulation 38, Emission Standards for Hazardous Air Pollutants for Source Categories of the Regulations Governing the Control of Air Pollution. This action adopts federal requirements that address emissions of six halogenated solvents from cold and vapor solvent cleaning machines, commonly called degreasers. The six solvents, carbon tetrachloride, chloroform, methylene chloride, perchloroethylene, trichloroethane or trichlorethylene, have been identified as hazardous air pollutants. Contact James Snead 323-4542. Effective Date – Nov. 11, 2001

2000-21

 Amendment to Section 33, Solvent Metal Cleaning, of Regulation 24, Control of Volatile Organic Compound Emissions of the Regulations Governing the Control of Air Pollution. This action establishes emission limitations and work practice standards, compliance notification, testing, monitoring, recordkeeping and reporting requirements that apply to the owners and operators of solvent cleaning machines that use a VOC as a solvent. The rule is one of several Ozone Transport Commission actions being developed to obtain additional VOC emission reductions for meeting Delaware's 1-hour ozone attainment. Contact James Snead – 323-4542. Effective Date – Nov. 11, 2001

2001-18

 Oyster Regulations. Senate Bill 185 established the direct sale of oysters harvested from Delaware's natural oyster beds. This action establishes new shellfish regulations governing the seasons, locations for landing oysters, type and amount of harvesting gear, minimum size of oysters and an annual quota of oysters allowed to be harvested. Contact Charles Lesser, 739-3441. Effective date – Oct. 10, 2001

2001-15

 Amendment to Regulation 31, Low Enhanced Inspection and Maintenance Program of Delaware's Regulations Governing the Control of Air Pollution. This action puts forth new testing requirements for model year 1996 and newer light duty vehicles that replaces the tail pipe test and pressure test with the on-board diagnostic (OBD) systems check; revises the performance standard modeling to reflect the addition of the OBD systems check to the program; and revises the technical procedure for the evaporative system integrity (pressure) test. Contact Philip Wheeler, 739-4791. Effective date – Oct. 11, 2001

2001-02

 Amendment to Regulation 41, Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products, Section 2 of Regulations Governing the Control of Air Pollution. Adoption of this rule, is one of several actions being taken to obtain additional reductions of NOx and VOCs. Contact Gene Pettingill, 323-4542. Effective date – Oct. 11, 2001

98-08

 Establish a Total Maximum Daily Load (TMDL) for the Inland Bays Sub-basin -- This TMDL includes the tidal portions of Indian River, Indian River Bay and Rehoboth Bay. The TMDL process determines the pollutants causing water quality impairments, identifies maximum permissible loading capacities for the waterbody in question, and, for each relevant pollutant, assigns load allocations from point and non-point sources to each of different sources in the Sub-basin. These limits are deigned to achieve water quality criteria and promote healthy populations of fish and other aquatic life. Contact: John Schneider – 739-4590. Effective date – Dec. 1, 1998 Environmental Appeals Board voted to stay appeals of Town of Rehoboth and Town of Georgetown on April 27, 1999 pending a decision by Superior Court.

98-07

 Development of new regulations for the Delaware Coastal Zone Act -- These new regulations will ensure that the environment of coastal Delaware is improved and will also provide clarity and better guidance to the regulated public and concerned citizens. This action affects present and future manufacturing, industrial and offshore bulk product transfer facilities. Contact: Dennis Brown – 739-4403. Effective date – May 11, 1999. June 6, 1999 - Appealed to Superior Court

97-11

 Implementation of September 27, 1994 MOU among the states of the Ozone Transport Commission on development of a regional strategy concerning the control of stationary source Nitrogen Oxide (NOx) emissions. This regulation reduces NOx emissions from fossil fuel fired boilers or indirect heat exchangers with a maximum rated heat input capacity of 250 MMBTU/hr, or more; and all electric generating facilities with a rated output of 15 MW, or more. Contact: Ron Amirikan – 323-4552. Effective date - April 1, 1999. April 16, 1999 - Appealed to Environmental Appeals Board by Motiva Enterprises and Delmarva Power and Light Company; April 20, 1999 - Motiva and Delmarva Power filed a civil action for a review of the Order in Superior Court for New Castle County.

Regulatory Actions Underway:

2001-25

 Adoption of amendments to the Delaware Regulations Governing Hazardous Waste. These amendments would list three new waste streams generated from inorganic chemical manufacturing processes designated by EPA as hazardous waste codes K176, K177 and K178. The amendments also add toxic constituents found in the wastes being listed as hazardous to the list of constituents that serves as the basis for classifying wastes as hazardous, and establishing treatment standards for the wastes. The state regularly amends the hazardous waste regulations by adopting amendments previously promulgated by EPA in order to continue to administer its own hazardous waste management program, which requires the state to maintain a program equivalent to and no less stringent that the federal program. Contact Karen G. J'Anthony or Donald Short, 739-3689

2001-24

 Amend Regulation 38 (Subpart B), Emission Standards for Hazardous Air Pollutants for Source Categories. Federal Subpart B addresses two situations where states make case-by-case determinations of allowable emission limits in the absence of a federally promulgated emission limitations. In both situations, states are to determine that the emissions from an affected source are not greater than the expected maximum achievable control technology (MACT) emission limitation for similar sources. This proposed action addresses the situation in which the EPA administrator fails to promulgate an emission standard by its scheduled date and is the result of EPA's recent announcement that approximately 40 MACT standards scheduled for Nov. 15, 2000 promulgation will not be completed by May 15, 2002. Contact James Snead, 323-4542 

2001-22

 Development of a new regulation on the definition of a chronic violator and the process for determining when a facility or regulated party shall be declared a chronic violator and the terms and conditions under which the designation of a chronic violator would be lifted. Development and implementation of this regulation was mandated by Senate Substitute No. 1 for Senate Bill 33, An Act to Amend Title 7 and Title 29 of Delaware Code with respect to notification of environmental releases, facility performance, and establishment of the Community Involvement Advisory Council. Marjorie Crofts, 739-4764

2001-21

 Amendments to Sediment and Stormwater Regulations. This action would allow a greater degree of flexibility for types of practices that could be considered for approval and would result in more low-impact stormwater practices such as bio-retention, bio-swales and buffers being used to meet water quality requirements. Contact Frank Piorko – 739-6724

2001-20

 Revisions to Regulations Governing Hazardous Substance Cleanup. This action would establish procedures for certifying part or all of a parcel of real property as a Brownfield. Major issues include participation in HSCA's Voluntary Cleanup Program, "per se" land use classes, base criteria and administrative requirements. Contact James Poling – 395-2636, Christina Wirtz – 395-2638, Paul Will – 395-2626, Alex Rittberg – 395-2642 Public hearing – 6 p.m. Jan. 8, 2002, DNREC conference facilities, 391 Lukens Drive, New Castle.

2001-14

 Amendment to Regulation 24, Control of Volatile Organic Compounds, Section 26 (Stage I Vapor Recovery) and Section 36 (Stage II Vapor Recovery) of the Delaware's Regulations Governing the Control of Air Pollution. This action is proposed to ensure that the Vapor Recovery Systems currently installed within the state maintain the required 95 percent control efficiency. Contact Deanna L. Morozowich, 739-4791

2001-04

 Amendment to Regulations Governing the Use of Subaqueous Lands. This amendment updates the regulations to include the statutory changes made by the 140^th General Assembly. The amendments deleted definition of the term, "navigable water," increased the term of a subaqueous lands lease from 10 to 20 years, and granted exemptions for certain types of activities in subaqueous lands. Contact William Moyer, 739-4691.

2001-03

 Amendment to Regulations Governing the Control of Air Pollution by adding Regulation 41, Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products, Section 1, Architectural and Industrial Mantenance Coatings. Adopting this rule, is one of several actions being taken to obtain additional reductions of NOx and VOCs. Contact Gene Pettingill, 323-4542

2000-23

 Amendment to Regulation 24, Control of Volatile Organic Compound Emissions, by adding a new section to control the emissions of VOCs from lightering operations, of the Regulations Governing the Control of Air Pollution. Lightering is the transfer of cargo (usually crude oil) from ocean going vessels to service barges to allow the vessels to proceed upriver. During the cargo transfer, uncontrolled VOCs are emitted. This action being developed to obtain additional VOC emission reductions for meeting Delaware's 1-hour ozone attainment. Contact James Snead – 323-4542

2000-20

 Amendment to Tidal Finfish Regulation 9, Bluefish Possession Limits. Proposed amendment would adjust the daily possession limit on bluefish for recreational fishermen from 10 to 15 in compliance with the Bluefish Fishery Management Plan approved by the Mid Atlantic Fishery Management Council. Contact Charles Lesser – 739-3441

2000-18

 Amendment to Tidal Finfish Regulation 14, Spanish Mackerel Size Limit and Creel Limit. This amendment would adjust the daily possession limit for recreational fishermen on Spanish mackerel from 10 to 15 to comply with the management plan approved by the Secretary of the U.S. Department of Commerce.

2000-16

 Amendment to Tidal Finfish Regulations 7 and 8, Striped Bass Possession Size Limits; Exceptions and Striped Bass Commercial Fishing Seasons; Quotas, Tagging and Reporting Requirements. Proposed amendment is to consider changing or not changing the recreational and commercial daily size and creel limits and seasons and commercial tagging requirements for striped bass to remain in compliance with the management plan approved by the Atlantic States Marine Fisheries Commission. Contact Charles Lesser – 739-3441

2000-15

 Amendment to Tidal Finfish Regulation 10, Weakfish Size Limit; Possession Limits. Proposed amendment would adjust the calendar dates from 2000 to crrespond to 2001 dates when it is illegal to take weakfish with any gear other than a hook and line in the Delaware Bay or Atlantic Ocean to remain in compliance with the management plan approved by the Atlantic States Marine Fisheries Commission.

2000-12

 Amendment to Regulation 6028 (Reporting of a Discharge of a Pollutant or  Air Contaminant) of Delaware's Regulations Governing the Control of Air Pollution. The proposed amendment will update the list of substances and the reportable quantities for accidental discharges of pollutants to the air, land or water. It will also clarify certain reporting: An incident report submitted to a central location shall be required for all reportable discharges. Contact Robert Barrish or Jay Brabson – 323-4542

2000-11

 Development of the 1999 Periodic Emission Inventory. States with non-attainment areas for ground-level ozone are required under the Clean Air Act Amendments of 1990 to develop comprehensive periodic emission inventories of ozone precursor pollutants (volatile organic compounds, nitrogen oxides, and carbon monoxide) once every three years and incorporate them into the State Implementtion Plan. This is the third of these inventories covering all three Delaware counties for the 1999 calendar year and ozone season. Contact Raymond Malenfant, 739-4791

2000-10

 Amendment to Delaware's 2002 Rate-of-Progress Plan toward attainment of the 1-hour National Ambient Air Quality Standard (NAAQS) for ground-level ozone in Kent and New Castle counties. Under the Clean Air Act Amendments of 1990, Delaware is required to submit to the U.S. EPA a State Implementation Plan every three years after 1996 to demonstrate how to achieve adequate rate-of-progress in reducing emissions of volatile organic compounds (VOC) and oxides of nitrogen (NOx), major precursors to form ground-level ozone. This action amends the 2002 plan submitted in February 2000. Contact Frank Gao, 739-3106

2000-05

 Update of 1990 Base Year Inventory and 1993 Periodic Emission Inventory Revisions. The Clean Air Act Amendments of 1990 require states with non-attainment areas for ground-level ozone to develop the 1990 base year inventory and comprehensive periodic emission inventories of ozone precursor pollutants once every three years after 1990 and to incorporate them into the State Implementation Plan. This is a first update to improve the 1990 Base Year Inventory and 1993 Periodic Emission Inventory. Contact Bhavesh V. Amin, 739-4791

2000-03

 Amendments to the Delaware Regulations Governing Hazardous Substance Cleanup. Amendments include adding mirex and gas additives to the definition of hazardous substance as well as clarify the petroleum issue; incorporating by reference the HSCA Guidance standards; and amend the provision concerning interference and failure of remedy.

99-28

 Delaware 2005 Rate of Progress Plan. The Clean Air Act Amendments of 1990 require Delaware to submit to the EPA a State Implementation Plan for every three years after 1996 to demonstrate how to achieve adequate rate-of-progress in reducing emissions of volatile organic compounds (VOC) and oxides of nitrogen (NOx), which are major precursors to ozone formation. The proposed plan is for the period 2003 to 2005, and is a required step in the process to attain the 1-hour National Ambient Air Quality Standards for ground-level ozone in Kent and New Castle Counties. Contact Al Deramo – 739-4791.

99-13

 Amend the State of Delaware Regulations Governing the Control of Water Pollution. These amendments will update regulations promulgated in 1974 and revised in 1983 (Section 9 of the regulation was revised in 1993 and 1998 to address stormwater activities that potentially affect the quality of Delaware's surface waters). The proposed new regulations will be consistent with federal requirements for the development and issuance of NPDES pollutant discharge permits and include all statutory and regulatory changes since the rules were last revised. Contact Paul Janiga, 739-5731

99-12

 Triennial Review of the State of Delaware Surface Water Quality Standards (as amended Feb. 26, 1993). This review will meet requirements of the federal Clean Water Act, which requires all states to review their surface water quality standards every three years and adopt revised standards to comply with the Act. Contact Brad Smith - 739-4590.

99-01

 Revise Regulation No. 24, Section 10 – ''Aerospace Coatings'' of the State of Delaware, Regulations Governing the Control of Air Pollution. These amendments will adopt new volatile organic compound limits for specialty coatings and may include clarifications and possible changes to the depainting and cleaning sections. These changes will affect facilities, which use aerospace coatings and have VOC emissions of 15 pounds or more per day. Contact: Joanna French – 739-4791

98-16

 Revise Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems to incorporate current policy and procedures, to enhance large and community systems sections, to add the alternative Low Pressure Pipe (LPP) system as a standard system, to add an additional designer license for the purpose of combined well and septic permits and to acknowledge and accommodate new technologies. Contact: Rodney Wyatt – 739-4761

98-13

 Adopt a new regulation (Regulation No. 20, Section 30) of the State of Delaware Regulations Governing the Control of Air Pollution. This regulation will require any small industrial-commercial-institutional steam generating unit (i.e., any unit that combusts any fuel and that produces steam or heats water or any other heat transfer media) to meet specified emission limits for sulfur dioxide and particulate matter. Contact: Ron Amirikian – 323-4542

97-19

 Contingency Regulations for Ozone Attainment – The Clean Air Act requires states with non-attainment areas for ground-level ozone to implement specific control measures if an area fails to make reasonable further progress goals or fails to attain the national ambient air quality standard by the attainment date. This contingency, in the form of a regulation, may be either a point source cap and reduce program or a higher-level enhanced motor vehicle inspection and maintenance (I-M) program, or perhaps some other action or combination of actions. This regulation will ensure that 1999 and later ground level ozone progress goals for New Castle and Kent counties are achieved, and will be implemented in New Castle and Kent Counties if the specified emissions reductions do not occur in 1999. Contact: Al Deramo – 739-4791