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'sOrderNo.: 2011-A-0003 RE: ApprovingFinalAmendments to 7DEAdmin. Code 1124, Control ofVolatile OrganicCompound Emissions: Section 8.0, "Handling, Storage, and Disposal ofVolatile OrganicCompounds; Section 13.0, "Automobileand Light-Duty TruckCoatingOperations"; Seetion 16.0, "PaperCoating"; Section 23.0, "CoatingofFlatWood Paneling"; Section37.0, "GraphicArtSystems"; and Section45.0, "IndustrialCleaningSolvents"

DateofIssuance: January20. 2011 Effective DateoftheAmendment: 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 ofthe Secretary in the abovereferencedrulemakingproceeding. Background andProceduralHistory 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 ofVolatile 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". Itshould be noted that this regulatorypromulgationinitially 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 The Department has, at this time, formally withdrawn the proposed amendments to Section 47.0, as substantive changes to the same were necessitated as a result ofthe public comment received by the Department in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 ImplementationPlanrevisions. 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. TheDepartment'sAir QualityManagement (AQM) Section oftheDivisionofAir 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



### 2Departmentpublishedthe proposedregulatory amendments in the May I, 20I0Delaware Register ofRegulations 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 proposedAmendments as attachedto the Report as Appendix A. Findings and Discussion 1find 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 amendmentsto 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 ofthese Amendments. With the adoption of these regulatory amendments, Delaware will have the Department's regulations conform to EPA'sregulations, as required by the CleanAir Act. In conclusion, the following findings and conclusions are entered: 1.), The Department has-jurisdiction under its statutory authority to issue an Order adopting theseproposedAmendments 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 proposedAmendments, including at apublichearing;



### 33.) The Department held a public hearing on June 2, 2010 on the proposed Amendments in orderto considerpublic commentsbefore 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 additionalreasons 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 Registerof Regulations; 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 workpractice standards according to the new CTGs with regard to the handling, storage, and disposal ofVOC [Section 8.0]; (ii)setmore 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 offlat 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 triggeredbased onalimitof"VOC emissions"ratherthan "solventused" [Section 45.0]; and (3) the regulation amendments are well supported by documents inthe record; and that

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### 7.) The Department shall submit this Order approving the final regulation to the Delaware Register ofRegulations 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 1623374S 2010.Ord.



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