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Regulatory Flexibility Act Form
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DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air Quality

Statutory Authority: 7 Delaware Code, Chapter 60 (7 Del.C. Ch. 60)
7 DE Admin. Code 1136

PROPOSED

REGISTER NOTICE

SAN # 2017-10

1136 Acid Rain Program

1. TITLE OF THE REGULATIONS:

7 DE Admin Code 1136, Acid Rain Program

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

7 DE Admin Code 1136 adopts the federal acid rain regulations by reference. Pursuant to an HB-147 review DNREC has determined that there have been a number of updates to portions of 40 CFR Parts 72 -78 (Acid Rain Program provisions) that should be adopted. The purpose of this action is to update 7 DE Admin. Code 1136 to adopt the current federal requirements.

3. POSSIBLE TERMS OF THE AGENCY ACTION:

None.

4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:

7 Del.C. Ch. 60 Environmental Control

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

N/A

6. NOTICE OF PUBLIC COMMENT:

A public hearing on the proposed amendment will be held on October 25, 2017 beginning at 6:00PM in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901. Individuals may present oral or written comments regarding the proposed changes at the public hearing, or via email to Lisa.Vest@state.de.us or via USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042. The hearing record will remain open until November 9, 2017.

7. PREPARED BY:

Renae Held Renae.Held@state.de.us (302) 739-9402

1136 Acid Rain Program

09/11/1996 xx/xx/2017

The provisions of Parts 72 through 78, of Title 40 of the Code of Federal Regulations, dated July 1, 1995 2017, are hereby incorporated into this regulation by reference. Within this regulation, the term permitting authority shall mean the Secretary of Delaware Department of Natural Resources & Environmental Control.

3 DE Reg. 959 (01/01/00)
21 DE Reg. 277 (10/01/17) (Prop.)
 
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