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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2019

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7 DE Admin. Code 1302
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (“DNREC,” “Department”), pursuant to 7 Del.C. §§6010(a) and 6305(a), and any other relevant statutory authority, the following findings of fact based on the record, reasons, and conclusions are entered as an Order of the Secretary in the above-referenced regulatory proceeding.
This Order relates to proposed Amendments (“Amendments”) to 7 DE Admin. Code 1302: Regulations Governing Hazardous Waste. This action is being taken by the Department to provide greater environmental protection and to reduce human health risks by incorporating federal requirements into Delaware’s Hazardous Waste Management Program.
The Department has the statutory basis and legal authority to act with regard to promulgation of the proposed Amendments to 7 DE Admin. Code 1302: Regulations Governing Hazardous Waste, pursuant to 7 Del.C. §§6010(a) and 6305(a). The Department published its proposed Amendments in the October 1, 2018 Delaware Register of Regulations. Thereafter, the public hearing regarding this matter was held on October 29, 2018.
Subsequent to the initial proposed publication in the Delaware Register of Regulations on October 1, 2018, and prior the public hearing of October 29, 2018, responsible Department staff identified two citation errors in the proposed regulations. Department staff corrected this in their revised proposed Amendments. Since these revisions are not substantive in nature, no re-notice and re-publication by the Department of these revised Amendments is necessary.
Based on the record developed by the Department’s experts and established by the Hearing Officer’s Report, I find that the revised proposed Amendments to 7 DE Admin. Code 1302: Regulations Governing Hazardous Waste are well-supported. Therefore, the recommendations of the Hearing Officer are hereby adopted, and I direct that the revised proposed Amendments be promulgated as final. I further find that the Department’s experts in the Division of Waste and Hazardous Substances fully developed the record to support adoption of these revised proposed Amendments.
1. The Department has the statutory basis and legal authority to act with regard to the revised proposed Amendments to 7 DE Admin. Code 1302: Regulations Governing Hazardous Waste, pursuant to 7 Del.C. §§6010(a) and 6305(a);
2. The Department has jurisdiction under its statutory authority, pursuant to 7 Del.C. Ch. 60, to issue an Order adopting these revised proposed Amendments as final;
4. Promulgation of the revised proposed Amendments to 7 DE Admin. Code 1302: Regulations Governing Hazardous Waste will provide greater environmental protection and to reduce human health risks by incorporating federal requirements into Delaware’s Hazardous Waste Management Program;
5. The Department has reviewed the revised proposed Amendments in light of the Regulatory Flexibility Act, consistent with 29 Del.C. Ch. 104, and has selected Exemption B5, as this regulation is required by federal law;
6. The Department’s Hearing Officer’s Report, including its established record and the recommended revised proposed Amendments as set forth in Appendix A, are hereby adopted to provide additional reasons and findings for this Order;
7. The Department’s proposed Amendments, as published in the October 1, 2018 Delaware Register of Regulations, and then as revised, as set forth in Appendix A, are adequately supported, are not arbitrary or capricious, and are consistent with the applicable laws and regulations. Consequently, the revised Amendments are approved as final, and shall go into effect 20 days after publication in the next available issue of the Delaware Register of Regulations; and
8. The Department shall submit this Order approving as final the revised proposed Amendments to 7 DE Admin. Code 1302: Regulations Governing Hazardous Waste for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
Last Updated: December 31 1969 19:00:00.
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