DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Division of Air and Waste Management
NOTICE OF PUBLIC HEARING
TITLE OF THE REGULATION:
Amendment to Regulation No. 1138 Emission Standards for Hazardous Air Pollutants for Source Categories
BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:
Delaware adopted by reference the federal Maximum Achievable Control Technology (MACT) standard applicable to perchloroethylene dry cleaning facilities (40 CFR Part 63 Subpart M) into Regulation No. 1138 (formerly 38) on February 1, 1999. Since this initial adoption, the EPA has revised the federal MACT standard several times. The most significant of the revisions were the adoption of the residual risk requirements that will eliminate the use of perchloroethylene in dry cleaning systems located in building with residences and will reduce the emissions of perchloroethylene from existing dry cleaning systems and from all newly installed dry cleaning systems (71 FR 42724, July 27, 2006). These more stringent requirements were incorporated after the EPA determined that despite the full implementation of the MACT requirements, the remaining level of risk of adverse health affects was unacceptable.
The purpose of this amendment to Subpart M of Regulation No. 1138 is to be consistent, where appropriate, with federal requirements and to further reduce the remaining risk of adverse health affects, where reasonably and economically feasible.
The Department will also change from our past adoption by reference format and provide the complete regulatory text. This latter change will eliminate the need for the public and regulated community to interpret the adopted federal standards and the changes made when the Department originally adopted these standards into Regulation No. 1138.
NOTICE OF PUBLIC COMMENT:
Statements and testimony may be presented either orally or in writing at a public hearing to be held on Tuesday, January 22, 2008 beginning at 6:00 PM in the DNREC Conference Rooms A/B located at 391 Lukens Drive, New Castle, DE. Interested parties may submit comments in writing to: Jim Snead, DNREC Air Quality Management Section, 715 Grantham Lane, New Castle, DE 19720.
PREPARED BY:
James R. Snead, (302) 323-4542, james.snead@state.de.us, December 11, 2007
Division of Fish and Wildlife
NOTICE OF PUBLIC HEARING
TITLE OF THE REGULATIONS:
Tidal Finfish Regulation 3531 Tautog; Size Limits, Creel Limits and Seasons. (Formerly Tidal Finfish Regulation 22).
BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:
In order to come into compliance with addendum V of the Atlantic States Marine Fisheries Commission’s (ASMFC) Fishery Management Plan (FMP) for Tautog, Delaware Tidal Finfish Regulation 3531 must be changed to incorporate one of twelve management options, approved by the ASMFC Tautog Technical Committee. Each option will reduce tautog exploitation by a minimum of 25.6%, as mandated in addendum V. Both recreational and commercial fishermen will be affected, as commercial size limits, creel limits and seasons are identical to recreational management measures.
NOTICE OF PUBLIC COMMENT:
Individuals may present their opinions on this issue at a Public Hearing in the DNREC auditorium, 89 Kings Highway, Dover, DE 19901 at 7:00p.m. Wednesday, January 23, 2008. The hearing record will remain open for written or e-mail comments until 4:30 January 31, 2008.
PREPARED BY:
Jeff C. Tinsman (302) 739-4782, December 7, 2007
Division of Fish and Wildlife
NOTICE OF PUBLIC HEARING
TYPE OF ACTION:
Amend Tidal Finfish Regulation 3553. River Herring Creel Limit
PURPOSE OF ACTION:
The stocks of blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus), both commonly referred to as river herring, are currently in steep decline throughout the Atlantic coast. Concern over the status of these stocks has prompted four states to close their river herring fisheries entirely. A significant harvest by recreational fishermen has recently developed in the spawning areas where river herring concentrate (at the base of spillways and dams) and are easily exploited. Most are captured using nets and transported alive to use as live bait for striped bass. The current regulation is insufficient to protect remaining stocks of river herring from over-exploitation and is difficult to enforce. The existing regulation is a possession limit that allows for multiple trips per day with no daily cap on landings. We are proposing to amend the current regulation from a possession limit to a daily creel (harvest) limit, and to reduce that limit from 25 river herring per person to 10 fish per person per day. This action would be consistent with the intent of the current Fisheries Management Plan for Shad and River Herring, and should protect stocks from overfishing until new requirements are adopted by the Atlantic States Marine Fisheries Commission Management Board for Shad and River Herring. River herring are currently managed under Amendment 1 to the Fisheries Management Plan and Technical Addendum #1 with the goal to protect, enhance, and restore East Coast migratory spawning stocks of shad and river herring to achieve stock restoration and maintain sustainable levels of spawning stock biomass. One of the stated objectives in the Plan is to prevent increases in fishing mortality by maintaining existing or implement more conservative regulations for hickory shad and river herring fisheries.
PROPOSED SCHEDULE OF ACTIVITIES:
Public hearing – January 24, 2008, 7:00 p.m. at the Univ. of DE, CMS, Lewes, DE
RESPONSIBLE STAFF MEMBER:
Craig A. Shirey 739-9914 (work)
739-6157 (fax)
craig.shirey@state.de.us