On October 1, 2018, the Delaware Department of Natural Resources and Environmental Control (DNREC) published proposed changes to Delaware's hazardous waste management program located in Title 7 of the Delaware Administrative Code of Regulations Section 1302 [7 DE Admin Code 1302]. The proposed changes are being made to align the state's regulations with several prior changes made to the Federal rules, in order to maintain Delaware's state authorization for its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). There are several revisions being proposed, which include, but are not limited to:

  • Corrections to the hazardous air pollutant (HAP) standards for hazardous waste in accordance with a federal rule promulgated on February 14, 2002;
  • Corrections to the references to testing and monitoring activities found in the Methods and Innovation Rule published by U.S. Environmental Protection Agency (EPA) on June 14, 2005;
  • Adoption of a portion of the amendments made in the federal regulations as a result of the Burden Reduction Initiative, such as revisions to the training and Contingency Plan requirements for hazardous waste treatment, storage and disposal facilities (TSDF);
  • Update to the accumulation time standard in 7 DE Admin Code 1302 Section 262.34(b) to clarify that it applies to Large Quantity Generators (LQGs) of hazardous waste;
  • Revisions required by the Export Provisions of the Cathode Ray Tube (CRT) Rule finalized by EPA on June 26, 2014;
  • Revisions required by the Definition of Solid Waste (DSW) Rule finalized by EPA on January 13, 2015;
  • Removal of all references to the comparable fuels rule and gasification rule due to the fact that EPA vacated those rules on April 8, 2015;
  • Correction of DNREC's emergency reporting phone number to the current numbers;
  • Clarifications that conditionally exempt small quantity generators (CESQG's) may only accumulate hazardous waste in containers (i.e., tank storage or other methods is prohibited);
  • Replacement of the Land Disposal Restrictions of 7 DE Admin Code 1302 Section 268 verbatim with the text appearing in 40 CFR Part 268 to correct identified errors; and
  • Additional administrative and minor technical amendments to various regulations in 7 DE Admin Code 1302.

More information on updated regulations can be found here.

DNREC is accepting comments on the proposed regulation until November 13, 2018. DNREC will also hold a public meeting at Richardson and Robbins Auditorium, 89 Kings Highway, Dover, DE on October 29, 2018 at 6:00 PM.

If you need assistance in determining how these changes would impact your facility or with preparing comments on the proposed regulation, please contact Trinity's office in Frederick, Maryland at (240) 379-7490.