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Regulatory Flexibility Act Form
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DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Waste and Hazardous Substances

Statutory Authority: 7 Delaware Code, Sections 6010(a) and 6305(a); (7 Del.C. ยงยง6010(a) and 6305(a))
7 DE Admin. Code 1302

PROPOSED

REGISTER NOTICE

SAN # 2016-16

1302 Regulations Governing Hazardous Waste

1. TITLE OF THE REGULATIONS:

Delaware's Regulations Governing Hazardous Waste (DRGHW)

2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:

To provide greater environmental protection and to reduce human health risks, the Solid and Hazardous Waste Management Section (SHWMS) proposes to modify the DRGHW to incorporate federal amendments into Delaware's hazardous waste management program. The State is required to adopt these amendments in order to maintain its Resource Conservation and Recovery Act (RCRA) program delegation and remain current with the federal hazardous waste program. The SHWMS is also making certain technical changes for the purpose of correcting errors and to add consistency or clarification to the existing regulations.

3. POSSIBLE TERMS OF THE AGENCY ACTION:

None

4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:

Amendments to DRGHW are proposed and amended in accordance with the provisions found at 7 Delaware Code, Sections 6010(a) and 6305(a).

5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:

None

6. NOTICE OF PUBLIC COMMENT:

A public hearing on the proposed amendments to DRGHW will be held on Monday, October 29, 2018 at 6:00 p.m. in the Richardson and Robbins Auditorium, 89 Kings Highway, Dover, DE. The hearing record on the proposed modifications will open on October 1, 2018. Interested parties shall submit comments in writing by November 13, 2018 and/or statements and testimony may be presented either orally or in writing at the October 29, 2018 public hearing. Written comments should be sent to: lisa.vest@state.de.us or Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901.

7. PREPARED BY:

Melissa Ferree, Engineer III, Solid and Hazardous Waste Management Section - (302) 739-9403

1302 Regulations Governing Hazardous Waste

*Please Note: Due to the size of the proposed regulation, it is not being published here. A PDF version is available at the following location:

http://regulations.delaware.gov/register/october2018/proposed/DRGHWProposedRegs.pdf

Within the proposed regulation, selected tables are available in PDF format at the following locations:

Appendix IX to Part 264 - Groundwater Monitoring List

http://regulations.delaware.gov/register/october2018/proposed/Groundwater Monitoring List.pdf

DRGHW 268.40 - Treatment Standards For Hazardous Wastes Table

http://regulations.delaware.gov/register/october2018/proposed/Treatment Standards For Hazardous Wastes.pdf

DRGHW 268.42 - Table 1 - Technology Codes and Description of Technology Based Standards

http://regulations.delaware.gov/register/october2018/proposed/Technology Codes and Description.pdf

DRGHW 268.45 - Table 1 - Alternative Treatment Standards for Hazardous Debris

http://regulations.delaware.gov/register/october2018/proposed/Alternative Treatment Standards.pdf

DRGHW 268.48 - Table - Universal Treatment Standards

http://regulations.delaware.gov/register/october2018/proposed/Universal Treatment Standards.pdf

Appendix VII to Part 268 - Table 1 - LDR Effective Dates of Surface Disposed Prohibited Hazardous Wastes

http://regulations.delaware.gov/register/october2018/proposed/LDR Effective Dates Surface Disposed.pdf

Appendix VIII to Part 268 - LDR Effective Dates of Injected Prohibited Hazardous Wastes

http://regulations.delaware.gov/register/october2018/proposed/LDR Effective Dates Injected.pdf

Appendix XI to Part 268 - Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit

http://regulations.delaware.gov/register/october2018/proposed/Metal Bearing Wastes.pdf

22 DE Reg. 270 (10/01/18) (Prop.)
 
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