**SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST**

(in accordance with 40 CFR Part 51 - App. V)

SIP Submitted by: Delaware Department of Natural Resources and
Environmental Control

Date Submitted: September 28, 2007

Subject: Adoption of a new regulation, *Regulation No. 1148 -- Control
of Stationary Combustion Turbine Electric Generating Unit Emissions* to
control nitrogen oxides as part of Delaware's SIP for Attainment and
Maintenance of NAAQS for Ozone

Completeness Review

Completed by: Gerallyn Duke

Date Completed: December 21, 2007

**Administrative Materials**

**ACCEPTABLE**

  ------------------------------------------------------------------------------
  **EPA REQUIREMENT**               **STATE SUBMITTAL**                **(X)**
  --------------------------------- ---------------------------------- ---------
  1\. A formal letter of submittal  1\. The letter was submitted by    X
  from the Governor or his          John A. Hughes, Secretary of       
  designee, requesting EPA approval Delaware Department of Natural     
  of the plan or revision thereof.  Resources and Environmental        
                                    Control (DNREC) on September 11,   
                                    2007 to Donald S. Welsh,           
                                    Administrator of EPA Region III,   
                                    requesting the approval from EPA   
                                    for the revision of Delaware's     
                                    SIP.                               

  2\. Evidence that the State has   2\. The submittal contains a       X
  adopted the plan in the State     certification of publication and   
  code or body of regulations; or   compliance with state notice       
  issued the permit, order, consent requirements. The revision of the  
  agreement in final form. That     State of Delaware's SIP was        
  evidence shall include the date   adopted by DNREC on June 19, 2007  
  of adoption or final issuance as  via Secretary's Order No.          
  well as the effective date of the 2007-A-0023 and became effective   
  plan, if different from the       on July 11, 2007.                  
  adoption/issuance date.                                              

  3\. Evidence that the State has   3\. The revisions were adopted in  X
  the necessary legal authority     accordance with 29 Del. C. §§8801  
  under State law to adopt and      [et. seq.]{.underline}, 29 Del. C. 
  implement the plan.               §§10111 [et seq.]{.underline} and  
                                    7 Del §6010(a) of Delaware law.    

  4\. A copy of actual regulation,  4\. Actual regulation with         X
  or document submitted for         effective date shown on first      
  approval and incorporation by     page, along with indication of     
  reference into the plan,          changes made is provided.          
  including indication of the       Transmittal letter from State      
  changes made to the existing      Secretary is date stamped and      
  approved plan, where applicable.  indicates that minimum             
  The submittal shall be a copy of  requirements of the CAA Section    
  the official State                110(a) have been met. Since        
  regulation/document signed,       Section 110(a) requires that the   
  stamped, dated by the appropriate state regulation be fully          
  State official indicating that it enforceable by the State, this     
  is fully enforceable by the       requirement is considered to be    
  State. The effective date of the  met.                               
  regulation/document shall,                                           
  whenever possible, be indicated                                      
  in the document itself.                                              

  5\. Evidence that the State       5\. Certification is provided from X
  followed all of the procedural    DNREC Air Quality Management       
  requirements of the State\'s laws Administrator which states that    
  and constitution in conducting    the public hearing was held in     
  and completing the                accordance with notice required by 
  adoption/issuance of the plan.    40 CFR §51.102. Transmittal from   
                                    State Secretary states that all    
                                    minimum requirements of the CAA    
                                    have been met.                     

  6\. Evidence that public notice   6\. Proposed regulation was        X
  was given of the proposed change  published in April 1, 2007 in the  
  consistent with procedures        [Delaware Register of              
  approved by EPA, including the    Regulations.]{.underline}          
  date of publication of such       Affidavits of public notice in     
  notice.                           [The News Journal]{.underline} and 
                                    [The Delaware State                
                                    News]{.underline} are provided.    
                                    This requirement is considered to  
                                    be met                             

  7\. Certification that public     7\. A statement was provided that  X
  hearings were held in accordance  a public hearing was held on April 
  with the information provided in  26, 2007 and that this hearing was 
  the public notice and the         held in accordance with the notice 
  State\'s laws and constitution,   required by 40 CFR §51.102         
  if applicable.                                                       

  8\. Compilation of public         8\. The Hearing Officer's Report   X
  comments and the State\'s         provides a summary of public       
  response thereto.                 comments received. The submittal   
                                    includes a compilation of public   
                                    comments received and DNREC's      
                                    Response Document to Comments      
                                    Submitted on the Proposed Adoption 
                                    of Regulation No. 1148.            

  1\. Identification of all         1\. The submittal indicates that   X
  regulated pollutants affected by  nitrogen oxides from existing      
  the plan.                         stationary combustion turbine      
                                    electric generating units will be  
                                    controlled through this            
                                    regulation.                        

  2\. Identification of the         2\. The affected locations are     X
  locations of affected sources     states as the                      
  including the EPA                 Philadelphia-Wilmington-Atlantic   
  attainment/nonattainment          City 8-hour Ozone Nonattainment    
  designation of the locations and  Area.                              
  the status of the attainment plan                                    
  for the affected area(s).                                            

  3\. Quantification of the changes 3\. The regulation will result in  X
  in plan allowable emissions from  a reduction of NOx from the        
  the affected sources; estimates   current level of 2.21 tons per day 
  of changes in current actual      when they operate to approximately 
  emissions from affected sources   1.33 tons per day.                 
  or, where appropriate,                                               
  quantification of changes in                                         
  actual emissions from affected                                       
  sources through calculations of                                      
  the differences between certain                                      
  baseline levels and allowable                                        
  emissions anticipated as a result                                    
  of the revision.                                                     

  4\. The State\'s demonstration    4\. Not applicable.                X
  that the national ambient air                                        
  quality standards, prevention of                                     
  significant deterioration                                            
  increments, reasonable further                                       
  progress demonstration, and                                          
  visibility, as applicable, are                                       
  protected if the plan is approved                                    
  and implemented.                                                     

  5\. Modeling information required 5\. Not applicable.                X
  to support the proposed revision,                                    
  including input data, output                                         
  data, models used, ambient                                           
  monitoring data used,                                                
  meteorological data used,                                            
  justification for use of offsite                                     
  data (where used), modes of                                          
  models used, assumptions, and                                        
  other information relevant to the                                    
  determination of adequacy of the                                     
  modeling analysis.                                                   

  6\. Evidence, where necessary,    6\. According to the Hearing       X
  that emission limitations are     Officer's Report, the NOx limits   
  based on continuous emission      are based on what the NOx          
  reduction technology.             emissions would be if water        
                                    injection pollution control        
                                    equipment, which is a reasonably   
                                    available control technology       
                                    (RACT), were installed. This       
                                    technology would reduce NOx by 40% 
                                    when the generators are operating. 

  7\. Evidence that the plan        7\. the regulation establishes a   X
  contains emission limitations,    limit of 42 ppmv for NOx emissions 
  work practice standards and       for combustions turbines that burn 
  recordkeeping/reporting           gaseous fuel and 88 ppmv for       
  requirements, where necessary, to combustion turbines that burn      
  ensure emission levels.           liquid. Fuel. These limits maybe   
                                    achieved through the use of water  
                                    injection pollution control        
                                    equipment, which is considered by  
                                    EPA as RACT. The regulation        
                                    includes monitoring,               
                                    recordkeeping, and reporting       
                                    requirements.                      

  8\. Compliance/enforcement        8\. Owners of existing sources     X
  strategies, including how         covered by this regulation are     
  compliance will be determined in  required to submit an Emissions    
  practice.                         Control Plan. Recordkeeping and    
                                    reporting requirements included in 
                                    the regulations shall ensure that  
                                    DNREC may monitor compliance and   
                                    conduct enforcement as             
                                    appropriate.                       

  9\. Special economic and          9\. Emission limits promulgated    X
  technological justifications      through this regulation may be     
  required by any applicable EPA    achieved through the use of water  
  policies. (If a policy is not     injection pollution control        
  appropriate, explain why.)        equipment, which is considered by  
                                    EPA as RACT.                       

  10\. A Section 107 request must   10\. Not applicable.               X
  be accompanied by a maintenance                                      
  plan demonstrating maintenance to                                    
  the relevant NAAQS for at least                                      
  10 years after redesignation.                                        
  ------------------------------------------------------------------------------