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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2014

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7 DE Admin. Code 1302
A public hearing was held on Monday, January 27, 2014, at 6:00 p.m. at the DNREC Richardson & Robbins Building Auditorium to receive comment on proposed amendments to the Delaware Regulations Governing Hazardous Waste (hereinafter referred to as "RGHW"). The State of Delaware is authorized by the U.S. Environmental Protection Agency (hereinafter referred to as "EPA") to administer federal authority as part of its State hazardous waste management program. In order for Delaware to maintain its program delegation and authority, EPA requires Delaware to maintain a program that is equivalent and no less stringent than the federal program.
To fully vet the Department's proposed amendments to the aforementioned RGHW to the regulated community throughout Delaware, the aforementioned proposed amendments were published in the State of Delaware Register of Regulations on January 1, 2014. Additionally, notices of the Department's proposed amendments and upcoming public hearing were published in both the Delaware State News and the News Journal on December 18, 2013, which encouraged the public to review the proposed amendments on the Department's web page, and to attend DNREC's upcoming public hearing. Accordingly, the Department then held a public hearing on Monday, January 27, 2014, at which time there were no members of the public in attendance, nor were any comments received from the public or the regulated community regarding these proposed amendments. Pursuant to Delaware law, the record was held open for an additional fifteen (15) days immediately following the date of the public hearing, in order to give the public further opportunity to provide comment to DNREC concerning this proposed promulgation. At the time the record formally closed on February 11, 2014, no public comments had been received by the Department concerning this matter. Proper notice of the hearing was provided as required by law.
The Department has provided sound reasoning with regard to the proposed amendments to Delaware's Regulations Governing Hazardous Waste, as reflected in the Hearing Officer's Memorandum of March 4, 2014, which is attached hereto and expressly incorporated into this Order in its entirety. Moreover, the following findings and conclusions are entered at this time:
1. The Department has jurisdiction under its statutory authority, 7 Del.C. Chapters 60 and 63, to make a determination in this proceeding;
7. The Department's proposed regulation, as published in the January 1, 2014 Delaware Register of Regulations and set forth within Attachment "A" of the Hearing Officer's Memorandum and attached hereto, is adequately supported, not arbitrary or capricious, and is consistent with the applicable laws and regulations. Consequently, it should be approved as a final regulation, which shall go into effect twenty days after its publication in the next available issue of the Delaware Register of Regulations;
8. The Department shall submit the proposed regulation as a final regulation to the Delaware Register of Regulations for publication in its next available issue, and shall provide written notice to the persons affected by the Order.
Based on the record developed, as reviewed in the Hearing Officer's Memorandum dated March 4, 2014 and expressly incorporated herein, it is hereby ordered that the proposed amendments to the State of Delaware's Regulations Governing Hazardous Waste be promulgated in final form in the customary manner and established rule-making procedure required by law.
The promulgation of the amendments to the State of Delaware's Regulations Governing Hazardous Waste will improve flexibility and service to the regulated community with the addition of the compliance self-certification provisions to Delaware's existing RGHW. Furthermore, the proposed amendments will offer customized compliance assistance and verification to identified business sectors, providing these selected hazardous waste generators regulatory guidance that is specific to their business needs.
AMENDMENT: Self-Certification Provisions
(a) The Secretary, as he deems necessary under 7 Del.C. ยง6305(a)(10), may require generators to furnish additional reports concerning the quantities, management, and disposition of wastes identified or listed in Part 261.
Last Updated: December 31 1969 19:00:00.
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