CLNCC Meeting - Asbestos And Lead Sign On Letter - 7PM Tuesday, May 21ast In Christiana

CLNCC Monthly Meeting

7:00 pm - 9:00 pm Tuesday, May 21st

Christiana Presbyterian Church

15 N. Old Baltimore Pike Christiana, DE 19702

Please join us in welcoming NCC Council President Karen Hartley-Nagle to our meeting this month.

June, 18 2019 is our CLNCC Annual Meeting:
Election of Officers

AGENDA May 2019

Call to Order 

Guest: NCC Council President Karen Hartley-Nagle 

Officers Reports 

Treasurer 

Secretary 

Vice Presidents 

President 

Old Business 

New Business

Additional Member Comments

• Bill Dunn will be presenting on the Coastal Zone Regulations Draft 

• Asbestos and Lead Sign On Letter to the General Assembly presented by Sarah Bucic;

Dear Civic League of New Castle County,

Environmental, health and labor organizations are working together in Delaware to reduce the potential for community exposure to hazardous substances, including asbestos and lead paint, from demolition projects. 

Demolition of industrial, commercial and multi-family housing facilities that contain asbestos, lead paint, or other hazardous materials in proximity to homes, parks and schools creates a public health risk. 

To prevent community exposures, we have drafted a petition to DNREC asking for regulatory rule-making and a permit structure for demolition where hazardous substances are present.  These regulations should include community notification, air monitoring, and emergency plans if something goes wrong. 

We intend to submit the petition on June 1. 

Please let us know if your group would like to sign on to the petition.   

Sincerely, Sarah Bucic, RN 

PETITION FOR REGULATION-MAKING PROCEEDINGS FOR THE

DEMOLITION OF STRUCTURES CONTAINING HAZARDOUS SUBSTANCES

INCLUDING ASBESTOS AND LEAD PAINT

Title 16 of the Delaware Code, Chapter 78. Asbestos establishes an oversight structure by DNREC and the OMB to “ ensure the health, safety and welfare of the public by regulating the practice of asbestos abatement, particularly in locations where the general public can reasonably be expected to have access for the purpose of ensuring that such abatement is performed in such a manner as to minimize exposure to asbestos fibers and contamination.”
§7806 assigns DNREC with the power and duty to “promulgate rules and regulations as are necessary to implement the enforcement aspects of this chapter.”
At present, DNREC does not have an adequate oversight structure for the protection of the public. It lacks basic transparency measures (including community notification) to ensure that the public is notified of the demolition activities, data collection (including air monitoring) to ensure that air quality is not diminished, and emergency response plans on file for when something goes wrong. DNREC does not do random site visits to make sure that proper handling procedures are followed. Because DNREC does not issue permits for asbestos removal, it does not collect permit fees to cover the costs of administering the asbestos removal program.
DNREC Regulations 1102 Permits requires an air pollution permit for all “alteration” activities except those that are exempt in Appendix A. Because Appendix A does not include the demolition of any structure, demolition activities, including the removal of hazardous substances from a site, should fall under DNREC air pollution permits. Demolition activities can cause asbestos, lead paint chips, grit or dust, or other hazardous materials to become airborne in close proximity to homes, parks, schools and ecosystems where it can harm public health and the environment. Because DNREC does not presently have any air permit for the demolition of any structure, DNREC regulations and permitting are incomplete.
As stated on the DNREC website, “The mission of the Department of Natural Resources and Environmental Control is to ensure the wise management, conservation, and enhancement of the State’s natural resources, protect public health and the environment , provide quality outdoor recreation, improve the quality of life and educate the public on historic, cultural, and natural resource use, requirements and issues.”
To protect public health and the environment and to educate the public about demolition
activities, we the undersigned request the initiation of DNREC regulatory rule-making
proceedings for demolition activities where hazardous materials, including asbestos and lead paint, are removed.
We ask that new regulations and a permit structure be developed for demolition activities where hazardous materials, including asbestos and lead paint, are removed, and that these new regulations and permit structure include:
1. Community notification that includes which hazardous materials are being removed, the timeline for removal, and a public health fact sheet about the health effects of the
specific hazardous materials.
2. Air monitoring at the fenceline daily for the duration of the time period when hazardous materials are being removed from the site, with air monitoring results available to the public.
3. A Site Emergency and Release Response Plan prior to issuance of the permit, which
should include: the immediate notification of the public likely to be impacted of the risks
of exposure; a coordinated effort between property owner, DNREC, and the Delaware
Division of Public Health to protect the health of area residents; personal precautions
that can be taken by individuals; a person to contact for questions/concerns at DNREC,
and; a proposed response timeline.
Such regulations and permit structure shall entail associated permit fees to cover the costs of administering the program. Unscheduled site visits by a DNREC site inspector should be included in the provisions to ensure that all permit provisions are being followed. To ease the burden on small businesses and the public, we suggest limiting the scope of these regulations and permit structure to include commercial, industrial and multi-unit housing where the footprint of the structure exceeds 5000 square feet.

Anyone can sign the petition as an individual. Click on the link HERE to sign this petition.

Updated: Coastal Zone Permit Act RAC Open Houses - 5-8PM February 25, 26, And 27 In NCC

Update:

Open House in DE City tonight and tomorrow night in Wilmington for the Coastal Zone Act Permit committee work results. 

You don't have to attend an open house to view and respond to the recommendations of this committee. 

The power point materials and the fact sheet are now posted online and a form is available for public comment - 

DNREC has now posted all of [this] week's Open House materials (including the video presentation, informational posters, and paper handouts) on a dedicated web page on the DNREC website: https://dnrec.alpha.delaware.gov/…/conversion-…/open-houses/

This web page is also accessible via the Conversion Permits web page (de.gov/conversionpermits) and the CZCPA RAC web page (de.gov/czcparac). 

An online version of the Feedback Form that will be handed out at the Open Houses can also be accessed, filled out, and submitted via the Open Houses web page. The Feedback Form will be accessible through Friday, March 1, 2019. After this date, further feedback can be directed to CZA_Conversion_Permits@delaware.gov. 

Thank you for your continued interest in the state's coastal zone. We look forward to seeing many of you at one of next week's Open Houses. 

Thank you,Ian YueCoastal Planner
Department of Natural Resources and Environmental Control
100 W. Water Street, Suite 5A | Dover, DE 19904
Phone: (302) 735-3480 | Fax: (302) 739-1840

Open House Online Materials HERE

Preliminary Recommendations Packet HERE

Open House Online Feedback Form HERE

DNREC to hold open houses Feb. 25, 26, and 27 seeking public input on preliminary recommendations from the Coastal Zone Conversion Permit Act Regulatory Advisory Committee

Delaware’s Department of Natural Resources and Environmental Control (DNREC) will hold three public open houses  in New Castle County this month – on Feb. 25, 26 and 27 – seeking input on preliminary recommendations made by the Coastal Zone Conversion Permit Act Regulatory Advisory Committee.

The Coastal Zone Conversion Permit Act requires DNREC to develop and promulgate regulations for the redevelopment of 14 heavy industry use sites in Delaware’s Coastal Zone by Oct. 1, 2019. The Regulatory Advisory Committee was convened by DNREC in June 2018 to provide recommendations regarding the regulations.

The open houses will present the Committee’s preliminary recommendations for the public to review and provide comment. The open houses will be held from 5-8 p.m. on these three dates:

• Monday, Feb. 25, Claymont Community Center, 3301 Green Street, Claymont, DE 19703
• Tuesday, Feb. 26, Delaware City Fire Hall, 815 5th Street, Delaware City, DE 19706
• Wednesday, Feb. 27, Elbert Palmer Elementary School, 1210 Lobdell Street, Wilmington, DE 19801

Members of the public may attend at any point and for any length of time during the open houses.

Each open house will follow the same format. Attendees will be able to view a video presentation about the legislative changes and the process leading to the Regulatory Advisory Committee’s preliminary recommendations. Attendees will also be able to walk around and visit various informational booths that explain the different aspects of the Committee’s preliminary recommendations. Attendees will be able to provide input on feedback forms. The forms will be available at the workshop as well as on DNREC’s website prior to the events.

Public input gathered at the workshops will be compiled by the Consensus Building Institute (CBI), a non-profit organization that has facilitated the Regulatory Advisory Committee’s meetings. CBI will compile all public input into a report and provide the report to the Committee for its consideration before finalizing its recommendations to DNREC. DNREC will also make the report available for the public to view on its website.

For more information on the Coastal Zone Conversion Permit Act Regulatory Advisory Committee, please visit www.de.gov/czcparac. [Open house materials and feedback forms will be available at de.gov/czcparac prior to the Open Houses.]

To receive updates on the regulatory process for developing conversion permits, you can also subscribe to the Coastal Zone Act email listserv by sending a blank email to join-dnrec_coastal_zone@lists.state.de.u.s

Contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902.

With this from Bill Dunn ~

Above is a list of three Coastal Zone Workshops including dates and locations.  In light of the Croda incident days after Thanksgiving and the PBF Energy oil refinery fire a couple of days ago, WE all need to demand responsible redevelopment of the 14 Industrial Sites along the Delaware River.  Community involvement has been limited and the vast majority of members of all the groups have little to no technical background (not the best people to define technical regulations). 

Below are the two links for the RAC (Regulatory Advisory Committee) and the sub-groups that put forth recommendations to the RAC.  

The RAC page is here:  https://dnrec.alpha.delaware.gov/coastal-zone-act/conversion-permits/regulatory-advisory-committee/ 

And the RAC Working Group site:  https://dnrec.alpha.delaware.gov/coastal-zone-act/conversion-permits/regulatory-advisory-committee/work-groups/ 

Both sites contain the Minutes of meetings.  I have attended many of the meetings and if you would like to discuss what went on, please feel free to contact me. 

Bill Dunn, email: bill_done@msn.com 

Civic League for NCC - VP

Note: CLNCC is in the process of transferring this blog to our new website! It is a work in progress but look for new articles at  https://civicleagueforncc.org/

Next Coastal Zone Conversion Permit Act RAC Meeting is 9AM Tuesday, January 22nd In Wilmington

Coastal Zone Conversion Permit Act Regulatory

Advisory Committee to meet Jan. 22 in Wilmington

The eighth meeting of the Coastal Zone Conversion Permit Act Regulatory Advisory Committee (RAC) will be held at 9 a.m., Tuesday, Jan. 22, at the Delaware Technical Community College Orlando J. George Jr. Campus, Southeast Building, Conference Room A and B (1st Floor), 300 North Orange Street, Wilmington, DE 19801. More information about the Jan. 22 RAC meeting, including the agenda, can be found on the state public meeting calendar athttps://publicmeetings.delaware.gov/Meeting/61696.
Upcoming monthly CZCPA RAC meetings, each starting at 9 a.m., are scheduled for the following dates, locations, and times:

·         Tuesday, Feb. 19, DNREC Lukens Drive Office, 391 Lukens Drive, New Castle DE 19720 

·         Tuesday, Mar. 12, Buena Vista Conference Center, 661 South DuPont Highway, New Castle, DE 19720 

·         Tuesday, Apr. 9, Buena Vista Conference Center, 661 South DuPont Highway, New Castle, DE 19720

All RAC meetings are open to the public. Information about future meetings also can be found on theCoastal Zone Conversion Permits webpage. For more information, the public can sign up for the Coastal Zone Conservation Permit Act listserv by sending a blank email to join-dnrec_coastal_zone@lists.state.de.us.

Please Consider Attending A Coastal Zone Conversion Permit Act (CZCPA) Work Group Meeting This Month

DNREC Coastal Zone Conversion Permit Act (CZCPA) Regulatory Advisory Committee 

Remaining October Work Group Meetings: 

·         Risk Evaluation and Financial Assurance, 1 p.m., Tuesday, Oct. 16, DNREC’s Grantham Lane Office, West Wing Conference Room, 715 Grantham Lane, New Castle, DE 19720.

·         Offsets, 9 a.m.-noon, Tuesday, Oct. 23, Blackbird DNERR, 801 Blackbird Landing Road, Townsend, DE 19734.

·         Economic Effect, 9 a.m., Tuesday, Oct. 23, New Castle County Government Center, Executive Office Conference Room, 87 Reads Way, New Castle, DE 19720.

·         Environmental Impact: 1 p.m., Thursday, Oct. 25, location TBD.

·         Risk Evaluation and Financial Assurance, 1 p.m., Tuesday, Oct. 30, DNREC’s Grantham Lane Office, West Wing Conference Room, 715 Grantham Lane, New Castle, DE 19720.

CZCPA RAC Meeting Information and Documents

From DNREC:

Upcoming monthly CZCPA RAC meetings, each starting at 9 a.m., are scheduled for the following dates and locations, locations and times: 

• Wednesday, Nov. 7, DNREC Lukens Drive Office, 391 Lukens Drive, New Castle DE 19720 

• Tuesday, Dec. 11, Bellevue Community Center, 510 Duncan Road, Wilmington, DE 19809

All RAC meetings and related CZCPA Work Group meetings are open to the public. Information about future meetings also can be found on the Coastal Zone Conversion Permits webpage. 

For more information, the public can sign up for the Coastal Zone Conservation Permit Act listserv by sending a blank email to join-dnrec_coastal_zone@lists.state.de.us

And Bill Dunn writes:

I have attended the 2nd, 3rd and 4th meetings of the [CZCPA] RAC.  I have MANY issues with what is going on, but the single most concerning is that there is no one on the committee who has identified themselves as having a technical background or education in Process Engineering.  The only person I have discovered, and I haven't looked to deeply, is Robert Whetzel (B.S. Chem Eng) from Richards, Layton and Finger.

What I have emphasized at the meetings, is that the Community and Environmental representatives on the RAC have little, if any, technical background to competently argue for responsible regulations or question specifics presented by consultants that come before the RAC.  

The last 15 years of my career at Dupont I worked in the Engineering division and spent time at, at least, a dozen sites discussing the possible benefit of new instrumentation or participated in the installation of new instrumentation.  In my role, I needed to have a basic understanding of the process we were discussing/modifying at a very minimum, which was far less than any number of people I was working with.  In comparison to the members of the RAC, I have a PhD in Civil/Chemical/Process Engineering. 

The only person appointed to the RAC with an adequate background was Eugene McCoy who regrettably pass away recently.  McCoy was replaced with Larry Lambert who has no technical background.  

At the last meeting they received presentations on Sea-Level Rise and Bulk Transfer. Both presentations seemed to me, to be very obtuse and non-specific.  

During the Bulk Transfer presentation and discussion, they kept referring to "grain transfer".  To the best of my knowledge, if you keep the oxygen level down in the transfer line (i.e. explosion potential), it's a pretty benign situation.  What was not discussed was, RCRA reporting (accounting for pound in/out and produced any compound that has a CAS#), Continuous Monitoring, VOC transfer (LNG, ethanol, methanol, crude oil, etc.) or quantities of materials.  

And what I have seen after attending 3 of the 4 work group meetings - where they are laying the groundwork for what they'll present to the RAC, - there are few if any people appointed to these work groups who have a technical background.

WE MUST have more people attend these meetings. I have been pretty much the only person from the public in attendance to observe how Delaware is developing the regulations that will govern how these coastal properties will be used.

P.S.  After I spoke at the last meeting, Judge Holland (the Chair) came over and introduced himself and ask, "Why aren't you on the RAC?".  I answered, 'Because I worked in the industry and I'm too controversial.'  Maybe I should have said, too much of a contrarian?