C MEMORANDUM TO:

The Honorable Collin

P. O’Mara Cabinet Secretary, Dept. of Natural Resources
and Environmental Control FROM:

Lisa A. VestW Public Hearing Officer, Office of the Secretary Department

of Natural Resources
and Environmental Control RE: Proposed Amendment

to 7 DE Admin. Code 1141, Limiting Emissions

of Volatile Organic Compounds from Consumer
and Commercial Products. Section 3.0, “Portable Fuel Containers”,

and

a corresponding revision

to the Delaware State Implementation

Plan (SIP) for attainment

of ground level ozone standard DATE: February
26, 2010 I. Background: A public hearing was held on Tuesday, January

5, 2010,

at 6:00 p.m.
at the DNREC’s Priscilla Building,
156 S. State Street, Dover, Delaware,

to receive comment on proposed amendments

to
7 DE Admin. Code 1141, Limiting Emissions

of Volatile Organic Compounds from Consumer
and Commercial Products, Section 3.0, “Portable Fuel Containers”,

and

a corresponding revision

to the Delaware State Implementation Plan (SIP) for attainment

of ground level ozone standard. Delaware adopted Section
3.0 of
7 DE Admin. Code 1141
in January

of 2001

in order
to reduce volatile organic compound (“VOC”) emissions from portable fuel containers (otherwise known

as gas cans). Effective January

1, 2009, the EPA began

to regulate emissions from portable fuel containers under Federal Rule,
to wit: 72 FR 8428’. The Federal Rule provides
for better 1 72 FR 8428 (February

26, 2007), “Control

of Hazardous
Air Pollutants From Mobile Sources”, Final Rule.

# n emission control

of portable fuel containers,

and therefore achieves greater VOC emission reductions than the current Delaware regulation. Therefore, DNREC

is proposing that Section
3.0 of
7 DE Admin. Code 1141 no longer apply

to portable fuel containers manufactured

on and after January

1, 2009, and that Delaware rely on the Federal Rule
to control emissions from this source. Additionally, DNREC proposed

to make

a corresponding revision

to its ozone State Implementation

Plan (SIP),
in which DNREC demonstrates

that the above proposed revision

to Section
3.0 of 7 DE Admin. Code 1141 and the reliance upon the new Federal Rule will not adversely impact efforts from attaining
the ozone air quality standard. It should
be noted that no public comments were received

by the Department with regard

to this proposed promulgation. Proper notice
of the hearing was provided

as required

by law. II. Summary

of Hearing Record: At the time of the hearing
on January

5, 2010, Gene Pettingill

of the Department’s Air Quality Management (AQM) Section
of the Divisions

of Air and Waste Management (DAWM), offered
the Department’s
eight exhibits pertaining

to these proposed amendments,

and this Hearing Officer entered them into the formal hearing record developed

in this matter. Included within those Departmental exhibits were copies
of the Start Action Notice
for this promulgation, copies
of the legal notices regarding

the holding

of this public hearing

on January

5, 2010,

a copy of 72 FR 8428,

a copy of the EPA Draft Regulatory Impact Analysis 2 , and copies
of the actual proposed amendments to both

7 DE Admin. Code 1141, Section 3.0 and Delaware’s ozone State Implementation Plan (SIP).

2C For the Secretary’s review, and in order for the Secretary

to gain

a thorough understanding

of this proposed promulgation, copies
of the above-referenced proposed amendments

are attached hereto

as Appendix “A”, and the same are expressly incorporated

into this Hearing Officer’s Report. It should

be noted that the Department adhered

to all appropriate Delaware statutes and the regulatory development process

in this matter, and that the Department has met the required public notice obligations regarding these proposed amendments.

It should also be noted that the Department

has reviewed this proposed amendment

in the light of the Regulatory Flexibility Act, and believes
the same
to be lawfiul, feasible and desirable,
and that the recommendations

as proposed should
be applicable

to all Delaware citizens equally. III. Conclusions

and Recommendations: Based
on the record developed

in this matter,

I conclude that the Department

has provided appropriate reasoning regarding

the need for these proposed amendments

to
7 DE Admin. Code 1141, Section 3.0, as well
as the need for the corresponding revision

to its ozone SIP, which demonstrate
that this promulgation

and reliance

on the new Federal Rule will not adversely impact efforts from attaining
the ozone
air quality standard. Accordingly,

I recommend promulgation

of these proposed amendments

in the customary manner provided

by law. Further,

I recommend

the following findings: 1. The Department

has jurisdiction under
its statutory authority,

7 Del.C., Chapter
60, to make

a determination

in this proceeding; 2 Draft Regulatory Impact Analysis: “Control

of Hazardous
Air Pollutants from Mobile Sources”, EPA42O-D-06-004,

Feb., 2006. 3

# 2 2. The Department provided adequate public notice
of the proceeding
and the public hearing

in a manner required

by the law and regulations; 3. The Department
held

a public hearing

in
a manner required

by the law and regulations; 4. The Department

has reviewed these proposed amendments

in the light of the Regulatory Flexibility Act, and believes
the same
to be lawful, feasible and desirable,
and that the recommendations

as proposed should
be applicable

to all Delaware citizens equally; 5. Promulgation

of these proposed amendments

will eliminate
the applicability of

7 DE Admin. Code 1141, Section
3.0 to portable fuel containers manufactured

on and after January

1, 2009, and will allow Delaware

to rely solely upon Federal Rule 72 FR 8428
to control emissions from this source; 6. Reliance solely upon Federal Rule 72 FR 8428 will enable Delaware

to more efficiently

and effectively reduce VOC emissions from portable fuel containers,

as the Federal Rule provides
for better VOC emission control

of said containers
and therefore achieves greater VOC emission reductions than the current Delaware regulation; 7. The Department’s corresponding revision

to its ozone SIP will demonstrate that this promulgation

and the reliance

on the Federal Rule will not adversely impact Delaware’s efforts for attaining
the ozone air quality standard; 8. The Department

has an adequate record for its decision, and no further public hearing

is appropriate

or necessary;

4fl

fl 9. The Department’s proposed amendments

to these regulations,

as published

in the December

1, 2009 Delaware Register

of Regulations

and as set forth within Appendix
“A” hereto,
are adequately supported,

not arbitrary

or capricious,

and are consistent with the applicable laws and regulations. Consequently,

they should
be approved

as
a fmal regulation, which shall go into effect ten days after their publication

in the next available issue of the Delaware Register ofRegulations; 10. The Department
shall submit the proposed regulation amendments

as final
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.Iahear/Reg.1141.Amndmt.Sect.3.O.2010

Hearing Officer 5CCAPPENDIX“A”CCoO’t-cSTARTACTIONNOTICEAROVJ3________PATETypeofAction:Amend7DEAdmin.Code1141“LimitingEmissionsofVolatileOrganicCompoundsfromConsumerandCommercialProducts”byrepealingSection3.0“PortableFuelContainers.”2.PurposeofAction:DelawareadoptedSection3.0of7DEAdmin.Code1141inJanuary2001inordertoreducevolatileorganiccompound(VOC)emissionsfromportablefuelcontainers(i.e.,gascans).EffectiveJanuary1,2009theEPAbegantoregulateemissionsfromportablefuelcontainersunder37FR8428.Thisfederalruleprovidesforbetteremissioncontrolofportablefuelcontainers,andachievesgreaterVOCcmissionreductionsthandoesthecurrentDelawareregulation.ASsuch.DNRECproposesthat3.0of7DEAdmin.Code1141berepealed,andthatDelawarerelyonthefederalruletocontrolemissionsfromthissource.Also,DNRECproposestomakeacorrespondingrevisiontoitsground-levelozonestateimplementationplan(SIP)thatdemonstratestherepealofSection3.0of7DEAdmin.Code1141andtherelianceonthenewfederalrulewillnotadverselyimpactDelaware’seffortsforattainingtheozoneairqualitystandard.3.Statutory8asis:7Del.C.Chapter60.EnvironmentalControl.4.LikelyAffectedPublic:ThefederalrulecoveringportablefuelcontainershasbeenineffectsinceJanuary1,2009.ThisactionwillclarifythatthenowobsoleteDelawarerequirementsnolongerapply,whichwillbenefitanyperson,whosells,supplies,offersforsaleormanufacturesforsaleanyportablefuelcontainer,kerosenecanorutilityjugfortransportingfuelintheStateofDelaware.5.ProposedScheduleofActivities:PublicHearingEffectiveDateSummer2009Fall20096.ReviewCommittee:AreviewcommitteewillnotbeformedastheDepartmentbelievesthatthenormalpublicnoticeandhearingprocesswillprovideampleandadequateopportunitiesforpubliceducation,reviewandcomment7.ResponsibleStaffMember:FrankGaoAirQualityManagement715GranthamLaneNewCastle,DE19720Email:frank.gatate.dc.usPhone:(302)323-4542Fax:(302)323-45988.Approvals:Date/FrankGao/ResponsibleStaffMember05/27/2009DateD/i’Director’0792 F’FOPOSED REGULATIONS DivisioN

OF AIR AND WASTE MANAGEMENT Statutory Authority:

7 Delaware Code, Chapter

60 (7 DeLC. Ch. 60) 7 DE Admin. Code 1141 REGISTER NOTICE SAN

# 2009-28 1. Title of the Regulation: To amend

7 DE Admin. Code 1141 ‘Limiting Emissions

of Volatile Organic Compounds
from Consumer
and Commercial Prod ucts’ by

r evising Section

3 .0 ‘Por table Fue

I Co ntainers,” and
to re vise Dela ware

S tate Implementation

Plan (SIP) for attainment

of ground-level ozone standard. 2. Brief Synopsis

of the Subject, Substance
and Issues: Delaware adopted Section 3.0 of 7 DE Admin. Code 1141

in January 2001

in order
to reduce volatile organic compound (VOC) emissions from portable fuel containers
(i.e., gas cans). Effective January

1, 2009, the EPA began

to regulate emissions from portable fuel containers under

a federal rule (37 FR 8428). The federal rule provides
for better emission control

of portable fuel containers,
and therefore achieving greater VO C e mission reductions than the current Delaware regulation.

As such, DNREC proposes that 3.0 of 7 DE Admin. Code 1141 not apply

to portable fuel containers manufactured

on and after January

1, 2009, and that Delaware rely on the federal rule to control emissions from this source.- Also, DNREC proposes

to make

a corresponding revision

to its ozone SIP, demonstrating

that the revision

to Section

3. 0 of 7 DE Admin. Code 1141 and th e reliance

o n th e new federal

r ule w ill not adversely

im pact Delaware’s efforts for attaining
the ozone air quality standard. 3. Possible Terms
Of The Agency Action: None.V 4. Statutory Basis
or Legal Authority

To Act: 7 Del.C. Chapter
60, Environmental Control. 5. Other Regulations
that may be Affected

by the Proposal: None. 6. Notice
of Public Comment: The revised Section
3.0 of
7 DE Admin Code 1141 and the proposed ozone SIP revision are available

for public review

at DNREC’s

Air Quality Management Section (AQMS) offices

in both Dover and New Castle.

A public hearing will be held on January

5, 2010, beginning

at 6:00 pm,
in AQMS Con ference Room, 2 Floor, Priscilla Building,
156 South State Street, Dover, DE 19901. Comments

on the regulation revision and the related SIP revision can be sent to AQMS

at the above address,

or presented

at the hearing. 7. Prepared
By: Frank

F. Gao, Phone: (302) 323-4542
Date: October
29, 2009 E-Mail: Frank.Gao@state.de.us 1141 Limiting Emissions

of Volatile Organic Compounds from Consumer
and Commercial Products (Break

in Continuity

of Sections) DELAWARE REGISTER

OF REGULATIONS,

VOL. 13, ISSUE

6, TUESDAY, DECEMBER

1, 2009PROPOSED REGULATIONS

79311/11/2001xx/xx/20103.0PortableFuelContainers3.1Applicability3.1.1Theprovisionsof3.0ofthisregulationapplytoanypersonwhosells,supplies,offersforsale,ormanufacturesforsaleportablefuelcontainer(orcontainers)orspout(orspouts)orbothportablefuelcontainer(orcontainers)andspout(orspouts)foruseintheStateofDelaware:except:3.1.1.1Safetycansmeetingtherequirementsof29CFR1926,SubpartF.3.1.1.2Portablefuelcontainerswithanominalcapacitylessthanorequaltoonequart.3.1.1.3Rapidrefuelingdeviceswithnominalcapacitiesgreaterthanorequaltofourgallonsprovidedsuchdevicesaredesignedforuseinofficiallysanctionedoff-highwaymotorcyclecompetitions,andeithercreatealeak-proofsealagainstastocktargetfueltankoraredesignedtooperateinconjunctionwithareceiverpermanentlyinstalledonthetargetfueltank.3.1.1.4Portablefueltanksmanufacturedspecificallytodeliverfuelthroughahoseattachedbetweentheportablefueltankandanoutboardengineforthepurposeofoperatingthatoutboardengine.3.1.2Compliancewiththerequirementsof3.0ofthisregulationdoesnotexemptanyspill-proofsystemorspill-proofspoutfromcompliancewithotherapplicableFederalorStaterequirements.3.1.3Therequirementsof3.0ofthisregulationapplyonandafterJanuary1,2003,toanyportablefuelcontainerorspoutorbothportablefuelcontainerandspoutmanufacturedbetweenbeforeJanuary1,2003andDecember31.2008.inclusive,exceptthatanyportablefuelcontaineror-,spoutorbothportablefuelcontainerandspoutmanufacturedbeforeJanuary1,2003thatdoesnotmeettherequirementsof3.0ofthisregulation,maybesold,supplied,orofferedforsaleuntilJanuary1,2004,providedthatthedateofmanufactureoradatecode,representingthedateofmanufacture,isclearlydisplayedonthepartablefuelcontamerorspout.Note:Portablefuelcontainersbecamereaulatedunderfederalregulation37FR8428effectiveJanuary1,2009.3.1.4Anypersonsubjecttoanyrequirementof3.0ofthisregulationmaycomplywithanalternativecontrolplanthathasbeenapprovedbytheDepartmentandtheU.S.EPAaspartofDelaware’sStateImplementationPlan.3.2Definitions.Forthepurposeof3.0ofthisregulation,thefollowingdefinitionsapply:“Fuel”meansahydrocarbonmixtureusedtopoweranysparkignitioninternalcombustionengine.“Manufacturer”meansanypersonwhoimports,manufactures,produces,assembles,packages,repackages,orre-labelsaportablefuelcontainerorspoutorbothportablefuelcontainerandspout.“Nominalcapacity”meansthevolume,indicatedbythemanufacturerthatrepresentsthemaximumrecommendedfillinglevel.“Outboardengine”meansaspark-ignitionmarineenginethat,whenproperlymountedonamarinewatercraftintheoperatingposition,housestheengineanddriveunitexternaltothehullofthemarinewatercraft.“Permeation”meanstheprocessbywhichindividualfuelmoleculesmaypenetratethewallsandvarious-assemblycomponentsofaportablefuelcontainerdirectlytotheoutsideambientair.“Person”meansanyindividual,publicorprivatecorporation,politicalsubdivision,governmentagency,departmentorbureauoftheState,municipality,industry,co-partnership,association,
firm,estateoranylegalentitywhatsoever.“Portablefuelcontainer”meansanycontainerorvesselwithanominalcapacityoftengallonsorlessthatisintendedforreuseandthatisdesignedorusedprimarilyforreceiving,transporting,storing,anddispensingfuel.“Spill-proofspout”meansanyspoutthatcomplieswithalloftheperformancestandardsspecifiedin3.3.2ofthisregulation.DELAWAREREGISTEROFREGULATIONS,VOL.13,ISSUE6,TUESDAY,DECEMBER1,2009I-’ROPOSED REGULATIONS “Spill-proof system” means any configuration

of portable fuel container and firmly attached spout that complies with all of the performance standards

in 3.3.1 of this regulation. “Spout” means any device that can be firmly attached

to a portable fuel container, through which the contents

of a portable fuel container
can be dispensed. “Target fuel tank” means any receptacle
that receives fuel from

a portable fuel container. 3.3

S tandards. 3.3.1
No person subject

to the requirements

of 3.0 of this regulation shall sell, supply, offer for sale, or manufactures

for sale portable fuel container

(or containers)

or spout (or spouts)

or both portable fuel container

(or containers)
and spout (or spouts)
for use
in the State
of Delaware which does not: 3.3.1.1 Have an automatic shut-off that stops the fuel flow before the target fuel tank overflows. 3.3.1.2 Automatically close and seal when removed from the target fuel tank, and remain completely closed when not dispensing
fuel. 3.3.1.3 Have only one opening
for both filling and pouring. 3.3.1.4 Provide

a fuel flow rate and fill level of: 3.3.1.4.1

not less than one-half gallon per minute for portable fuel containers
with

a no minal capacity

of: 3.3.1.4.1.1
less than or equal

to 1.5 gallons and fills to a level less than or equal

to one inch below the top of the target fuel tank opening;

or 3.3.1.4.1.2 greater than 1.5 gallons but less than
or equal

to 2.5 gallons and fills to a 1ev
el less than or equal

to one inch below the top of the target fuel tank opening

if the spill- proof system clearly displays
the phrase “Low Flow Rate”

in type of 34 point
or greater on each spill-proof system

or label affixed thereto, and on the accompanying package, if any; or 3.3.1.4.2

not less tha

n on
e ga lion

p er minute for po rtable fue

I containers with

a no minal capacity greater than 1.5 gallons but less than or equal

to 2.5 ga lions and fills to a level less than or equal

to 1.25 inches below the top of the target fuel tank opening;

or, 3.3.1.4.3

not less than two gallons per m mute for portable fuel containers
with

a nominal capacity greater than 2.5 gallons. 3.3.1.5 Meet

a permeation
rate of 0.4 grams per gallon per day or less. 3.3.1.6 Have

a warranty from the manufacturer

for

a period

of not less than one year against defects in materials and workmanship. 3.3.2
No person subject

to the requirements

of 3.0 of this regulation shall sell, supply, offer for sale, or manufacture

for sale any spout for use
in the State
of Delaware, which does not: 3.3.2.1 Have an automatic shut-off that stops the fuel flow before the target fuel tank overflows. 3.3.2.2 Automatically close and seal when removed from the target fuel tank, and remain completely closed when not dispensing
fuel. 3.3.2.3 Provide

a fuel flow rate and fill level of: 3.3.2.3.1

not less than one-half gallon per mm ute for portable fuel containers
with

a no minal capacity

of: 3.3.2.3.1.1
less than or equal

to 1.5 gallons and fills to
a level less than or equal
to one inch below the top of the target fuel tank opening;

or, 3.3.2.3.1.2 greater than 1.5 gallons but less than or equal
to 2.5 gallons and fills to a level less than or equal

to one inch below the top of the target fuel tank opening

if the spill-proof spout clearly displays
the phrase “Low Flow Rate”

in type of 34 point
or greater

on the accompanying package,

or for spill-proof spouts sold without packaging,

on either the spill-proof spout
or a label affixed thereto;

or, 3.3.2.3.2

not less tha

n on
e ga lion

p er minute for po rtable fue

I containers with

a no minal capacity greater than 1.5 gallons but less than
or equal

to 2.5 ga lions and fills to a level less than or equal

to 1.25 inches below the top of the target fuel tank opening;

or, DELAWARE REGISTER

OF REGULATIONS,

VOL. 13, ISSUE

6, TUESDAY, DECEMBER

1, 2009(N PROPOSED REGULATIONS 3.3.2.3.3

not less than two

g allons per minu
te for po rtable fue

I containers with

a no minal capacity greater than 2.5 gallons. 3.3.2.4 Have

a warranty from the manufacturer

for
a period
of not less than one year against defects in materials and workmanship. 3.4 T esting Procedures. Any man ufacturer subject

to the

r equirements

of 3.3 of this regulation shall pe rform the following compliance tests

in accordance
with test methods and procedures stated,

or as otherwise approved

by the Department
and the Administrator

of the EPA. Records

of compliance testing shall be maintained for as long as the product

is available

for sale
in Delaware,
and test results shall be made available

to the Department within
60 days of request. 3.4.1 The following tests shall be carried out to determine compliance
with 3.3.2 of this regulation prior to the product being manufactured

for sale
in Delaware: 3.4.1.1 “Test Method 510, Automatic Shut-Off Test Procedure

for Spill-Proof Systems and Spill-Proof Spouts”

ad opted
by California

Air Res ources Board (CAR
B) on July
6, 2000. Th is test method

is hereby adopted

by reference. 3.4.1.2 “Test Method 511, Automatic Closure Test Procedure

for Spill-Proof Systems and Spill-Proof Spouts” adopted

by CARB
on July

6, 2000. This test method

is her eby

a dopted
by reference. 3.4.1.3 “Test Method 512, Determination

of Fuel Flow Rate for Spill-Proof Systems and Spill-Proof Spouts” adopted

by CARB
on July
6, 2000. This test method

is her eby

a dopted
by reference. 3.4.2 The following tests shall be carried out to determine compliance
with 3.3.1 of this regulation prior to the product being manufactured

for sale: 3.4.2.1
All of the test procedures stated

in 3.4.1
of this regulation. 3.4.2.2 “Test Method 513,

D etermination

of Permeation Rate for Spill-Proof Systems,” adopted

by GARB
on July
6, 2000. This test method

is hereby adopted

by reference. 3.5 Administrative Requirements. 3.5.1 Any manufacturer subject

to the requirements

of 3.3.1 of this regulation shall clearly display
on each spill-proof system: 3.5.1.1 the phrase “Spill-Proof System”; 3.5.1.2

a date of manufacture

or representative

date code; and 3.5.1.3

a representative
code identifying

the portable fuel container

or portable fuel container
and spout
as subject

to and complying with the requirements

of 3.3.1 of this regulation. 3.5.2 Any person subject

to the requirements

of 3.3.2 of th is regulation shall clea ny display
on the accompanying package,

or for spill-proof spouts sold without packaging,

on either the spill-proof spout
or a label affixed thereto: 3.5.2.1 the phrase “Spill-Proof Spout”; 3.5.2.2

a date of manufacture

or representative

date code; and 3.5.2.3

a representative
code identifying

the spout
as subject

to and complying with the requirements of 3.3.2 of this regulation. 3.5.3 Any manufacturer subject

to 3.5.1
or 3.5.2
or both 3.5.1 and 3.5.2
of this regulation shall file an explanation

of bo th th e d ate cod

e an
d re presentative

co de wit

h
t he De partment

p nor

t o manufacturing

the product
for sale
in the State
of Delaware. 3.5.4 Any person subject

to 3.5.1
or 3.5.2
or both 3.5.1 and 3.5.2
of this regulation shall clearly display

a fuel flow rate on eac

h spill-proof system

or spill-proof spout,

or label affixed thereto, and on any accompanying package. 3.5.5 Any person subject

to 3.5.2
of th is regulation shall clearly display the make, model number, and size of those portable fuel containers

the spout

is designed

to accommodate. DELAWARE REGISTER

OF REGULATIONS,

VOL. 13, ISSUE

6, TUESDAY, DECEMBER

1, 2009796 F’tOPOSED REGULATIONS3.5.6Anypersonnotsubjecttoornotincompliancewith3.3ofthisregulationmaynotdisplaythephrase”Spill-ProofSystem”or“Spill-ProofSpout”ontheportablefuelcontainerorspout,respectively,onanystickerorlabelaffixedthereto,oronanyaccompanyingpackage.3.5.7Anypersonsubjecttoandcomplyingwith3.3ofthisregulation,thatduetoitsdesignorotherfeatures,cannotbeusedtorefuelon-roadmotorvehiclesshallclearlydisplaythephrase“NotIntendedForRefuelingOn-RoadMotorVehicles”intypeof34pointorgreateroneachofthefollowing:3.5.7.1Foraportablefuelcontainerorportablefuelcontainerandspoutssoldtogetherasaspill-proofsystem,onthesystemoronalabelaffixedthereto,andontheaccompanyingpackage,ifany;and3.5.7.2Foraspill-proofspoutsoldseparatelyfromaspill-proofsystem,oneitherthespill-proofspout,oralabelaffixedthereto,andontheaccompanyingpackage,ifany.5DEReg.1497(01!01I02)5DEReg.1759(03101102)5DEReg.1125(11I01I02)10DEReg.868(11/01/06)12DEReg.347(09101/08)DIVISIONOFAIRANDWASTEMANAGEMENTTANKMANAGEMENTBRANCH Statutory Authority:

7 Delaware Code, Chapters

60 and 74 (7 DeLC. Ch. 60 & 74) 7 DE Admin. Code 1351SAN#2008-20and2008-231.TitleoftheRegulations:1351DelawareRegulationsGoverningUndergroundStorageTankSystems2.BriefSynopsisoftheSubject,SubstanceandIssues:TheDelawareRegulationsGoverningUndergroundStorageTankSystemswerefirsteffectiveJuly11,1986.ThemostrecentrevisiondateisJanuary11,2008.TheDNRECisproposingchangestotheUSTRegulationstoincorporatefederalrequirements,toaddclarifyinglanguage,andtoensurethegreatestprotectionofhumanhealth,safetyandtheenvironmentinDelaware.ThechangestotheDelawareUSTRegulationsareproposedforthefollowingreasons:•AdditionofrequirementsforaTankOperatortrainingprogramarerequiredbytheFederalEnergyPolicyActof2005(EPACT).TheEPACTrequiresthestatetopromulgateregulationsbyAugust8,2009.•RequirementsprohibitingtheinstallationofnewUSTswithinspecificdistancesofpublic,industrialanddomesticwellshavebeenaddedtoensureprotectionofdrinkingwatersupplies.•Clarificationlanguageaddedtospecificsectionsinresponsetopubliccommentrequestingsuch.•CorrectionstoerrorsinJanuary11,2008editionoftheUSTRegulations•CorrectionsandAdditionstoconformtoFederalrequirementthatStateregulationsareatleastasstringentastheFederalUSTregulations3.PossibleTermsoftheAgencyAction:NoneDELAWAREREGISTEROFREGULATIONS,VOL.13,ISSUE6,TUESDAY,DECEMBER1,2009CD