STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONMENTAL CONTROL 

OFFICE OF THE 89 KlNGS HIGHWAY PHONE: (302) 739-9000 

SECRETARY DOVER, DELAWARE 19901 FAX: (302) 739-6242 

Secretary's Order No.: 2011-A-0003 

RE: Approving Final Amendments to 7 DE Admin. Code 1124, 

Control of Volatile Organic Compound Emissions: Section 8.0, "Handling, Storage, 

and Disposal of Volatile Organic Compounds; Section 13.0, 

"Automobile and Light-Duty Truck Coating Operations"; Seetion 

16.0, "Paper Coating"; Section 23.0, "Coating of Flat Wood 

Paneling"; Section 37.0, "Graphic Art Systems"; and Section 45.0, 

"Industrial Cleaning Solvents" 

Date ofIssuance: January 20. 2011 

Effective Date of the Amendment: March 11, 2011 

Under the authority vested in the Secretary of the Department of Natural 

Resources and Environmental Control ("Department" or "DNREC") the following 

findings, reasons and conclusions are entered as an Order of the Secretary in the abovereferenced rulemaking proceeding. 

Background and Procedural History 

This Order considers proposed regulation amendments to 7 DE Admin. Code 

1124, Control of Volatile Organic Compound Emissions: Section 8.0, "Handling, 

Storage, and Disposal of Volatile Organic Compounds"; Section 13.0, "Automobile and 

Light-Duty Truck Coating Operations": Section 16.0, "Paper Coating"; Section 23.0, 

"Coating of Flat WC'od Paneling"; Section 37.0, "Graphic Art Systems"; and Section 

45.0, "Industrial Cleaning Solvents". It should be noted that this regulatory promulgation 
initially included additional proposed amendments to be made to 7 DE Admin. Code 

1124, at Section 47.0, "Offset Lithographic Printing". The Department has, at this time, 

formally withdrawn the proposed amendments to Section 47.0, as substantive changes to 

the same were necessitated as a result of the public comment received by the Department 

in this matter. The Department will be addressing its revised proposed amendments to 

Section 47.0 of 7 DE Admin. Code 1124 in a separate regulatory promulgation in the 

immediate future. 

Section 182(b)(2) of the Clean Air Act requires that all ozone non-attainment 

areas, including Delaware, must develop or update relevant regulations to implement 

Reasonably Available Control Technology controls on emission sources covered in the 

U.S. Environmental Protection Agency ("EPA")'s Control Techniques Guidelines 

("CTG"), or Alternative Control Techniques, and submit the regulations to EPA as State 

Implementation Plan revisions. 

The aforementioned six sections of 7 DE Admin. Code 1124 addressed within 

these proposed regulation amendments were originally developed in the early 1990's, 

based on EPA's CTGs. From September 2006 to September 2008, the EPA updated 

relevant CTGs to reflect technology developments or to expand Volatile Organic 

Compound ("VOC") emission controls. The aforementioned proposed revisions reflect 

DNREC's incorporation of the recent CTG information into existing Delaware 

Regulation 1124. 

The Department's Air Quality Management (AQM) Section of the Division of Air 

and Waste Management (DAWM) commenced the regulatory development process with 

Start Action Notices 2009-14, 2009-22, 2009-23, 2009-26, 2009-24, and 2009-25. The 

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Department published the proposed regulatory amendments in the May I, 20 I0 Delaware 

Register of Regulations and held a public hearing on June 2, 2010. The Department's 

presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer's Report dated 

December 12,2010 (Report). The Report recommends certain findings and the adoption 

ofthe proposed Amendments as attached to the Report as Appendix A. 

Findings and Discussion 

1 find that the proposed Amendments are well-supported by the record developed 

by the Department, and adopt the Report to the extent it is consistent with this Order. 

The Department's experts in AQM developed the record and drafted the proposed 

Amendments. It should be noted that the Department received no public comments with 

regard to the proposed amendments to the aforementioned Sections to 7 DE Admin. Code 

1124. 

I find that the Department's experts in the AQM Section of the DAWM fully 

developed the record to support adoption of these Amendments. With the adoption of 

these regulatory amendments, Delaware will have the Department's regulations conform 

to EPA's regulations, as required by the Clean Air Act. 

In conclusion, the following findings and conclusions are entered: 

1.), The Department has-jurisdiction under its statutory authority to issue an 

Order adopting these proposed Amendments as final; 

2.) The Department provided adequate public notice of the proposed 

Amendments, and provided the public with an adequate opportunity to comment on the 

proposed Amendments, including at a public hearing; 

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3.) The Department held a public hearing on June 2, 2010 on the proposed 

Amendments in order to consider public comments before making any final decision; 

4) The Department's Hearing Officer's Report, including its recommended 

record and the recommended Amendments as set forth in Appendix A, are adopted to 

provide additional reasons and findings for this Order; 

5.) The recommended Amendments do not reflect any substantive changes 

from the proposed regulation Amendments as published in the May I, 2010, Delaware 

Register ofRegulations; 

6.) The recommended Amendments should be adopted as final regulation 

Amendments because (I) Delaware will be enabled to conform to new CTG as issued by 

the EPA; (2) the Department's revisions to 7 DE Admin. Code 1124 will enable 

Delaware to do the following: (i) add a new definition section and update the existing 

work practice standards according to the new CTGs with regard to the handling, storage, 

and disposal ofVOC [Section 8.0]; (ii) set more stringent VOC limits for automobile and 

light-duty truck coating operations [Section 13.0]; (iii) expand the regulated scope from 

paper coating units only to "paper, film and foil coating units" [Section 16.0]; (iv) create 

a more stringent and uniform standard for all 5 coatings of flat wood paneling products 

[Section 23.0]; (v) add provisions for flexible packaging printing presses and establish 

efficiency requirements for control systems to be installed on the flexible packaging 

printing presses [Section 37.0]; and (vi) clarifies that the regulatory requirements for 

industrial cleaning solvents are triggered based on a limit of"VOC emissions" rather than 

"solvent used" [Section 45.0]; and (3) the regulation amendments are well supported by 

documents in the record; and that 

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7.) The Department shall submit this Order approving the final regulation to 

the Delaware Register of Regulations for publication in its next available issue, and 

provide such other notice as the law and regulation require and the Department 

determines is appropriate. 

......-;;<~r

~~~~
 Collin P. O'Mara
 

Secretary
 

hearl Reg.1l24.Amndmts.8 13 162337 4S 2010.Ord. 

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