## DELAWARE STATE IMPLEMENTATION PLAN

Administrative and Non-Substantive Changes in Regulations Governing the Control of Air Pollution

Submitted To U.S. Environmental Protection agency

By

Delaware Department of Natural Resources and

Environmental Control



## July 2008[This page is intentionally left blank.]

iiTable of Contents Page

1 Introduction ---------------- ----------------- ------------------ ----------------- ----------- 1

1.1 Background

1.2 Purpose and Scope

1.3 Exc l usions

1.4 Non-SIP Regulations

1.5 Respons ibility and Contacts

2 Administrative Changes ----------------- ------------------ ----------------- ---------- 6

2.1 Font Face and Size

2.2 Regulation Title Coding and Numbering

2.3 Format of Definitions

2.4 Section and Subsection Numbering

2.5 Citations in Regulations

2.6 Other Changes

3 Non-Subst a ntive Changes ------------------ --------------- --------------- ----------- 10

3.1 Addition and Deletion of Words 3.2 Changing Italic Font Style to Regular Style 3.3 Renumbering Tabl es and Equations

3.4 Dates Associated with Section Titles 3.5 Appendixes
3.6 Other Changes

4 Correction of Errors ---------------- --------------- --------------- ------------- -------- 13

5 Appendixes

------------------ ----------------- ------------------ --------------- ----------- 14

iiiAcron y m List

AQM - Air Quality Management
AQMS - Air Quality Manageme n t Section of DNREC

CAA - Clea n Air Act

CAAA - Clean Air Act Amendments of 1990

CFR - Code of Federal Regulations

DAWM - Divis i on of Air and Waste Management of D NREC

DNREC - Delaware Department of Natural Resources and

Environmental Control

EPA - United States Environmental Protection Agency

FR - Federal Register
NAAQS - National Ambient Air Quality Standard

NOx - Nitrogen Oxides

SIP - State Implementation Plan

VOC - Volatile Organic Com pound

iv1. Introduction

1.1 Background

In the past three decades or so, Delaware has developed 48 regulations for ambient air quality management. Un der Section 110 of the Clean Air Act (CAA), an air quality management (AQM) r egulation, when relie d upon to attain

or maintain the nati onal ambient ai r quality standards (NAAQSs), must go through public review-comment and hearin g process, and then be submitted to

US Envir onmental Protection Agenc y (EPA) for approval as a state implement ation plan ( S IP) revision.

Title 29, Chapter 101 of the Delaware Codes (29 Del. C. , Ch 101) requires that regulatory agencies in Delaware develop and adopt regulations, and publish the regulations in Delaware Register of Regulations thr ough the Registrar’s

Office under Division of Research of t he General Assembly. The Registrar’s Office has developed guidelin es and drafting manuals for Delaware regulations. The latest edition of drafting and styl e manual, entitled “Delaware Manual for Drafting Regulations,” was issued as De laware Administrative Code in March 2006 (see Appendix A of this documen t, hereafter referred to as “the 2006 drafting manual” or simply as “the 2006 Manual”).

Since the 2006 drafting manual was issued, several Delawar e AQM regulations have been formatted to comply with the standards specified in the manual. However, a majority of the Delaware AQM regulations have not been updated.

1.2 Purpose and Scope

Among the 48 Delaware AQM regul ations, 32 regulations hav e been approved by EPA as Delaware state im plementation plan (SIP) revisions, and

are listed in 40 CFR Part 52 Subpart I (hereafter referred to as S I P regulations). They are:

• Regulation 1 “Definitions and Administrative Principles”;

• Regulation 1102* “Permits”;

• Regulation 3 “Ambient Air Quality Standards”;

• Regulation 4 “Particulate Emissi ons From Fuel Burning Equipment ”;

• Regulation 5 “Particulate Emissions From Industrial Process Operations”;

• Regulation 6 “Particulate Emissi ons From Construction and Materials Handling”;

• Regulation 7 “Particulate Emissions From Incineration”;

• Regulation 8 “Sulfur D i oxide Emis si ons From Fuel Burning Equipment”;

• Regulation 9 “Emissions of Su lfur Compounds From Industrial Operations”;

• Regulation 10 “Control of Sulfur Dioxide Em issions— K ent and Sussex Counties”;

• Regulation 11 “Carbon Monoxide Em issions From Industrial Process Operations New Castle County”;

1• Regulation 12 “Control of Nitrogen Oxide Emissions”;

• Regulation 1113* “Open Burning”;

• Regulation 14 “Visible Emissions ”;

• Regulation 15 “Air Pollu tion Alert and Emergency Plan”;

• Regulation 16 “Sources Having an In terstate Air Pollution Potential”;

• Regulation 17 “Source Monitori ng, Recordkeeping and Reporting”;

• Regulation 23 “Standards of Perform ance for Steel Plants: Electric Arc Furnaces”;

• Regulation 1124* “Control of Vola tile Organic Compound Emissions”;

• Regulation 1125* “Requirements for Pr econstruction Review” (Sections 1, 2 and 3);

• Regulation 26 “Motor Vehic l e Emissions Ins pection Program”;

• Regulation 27 “Stack Heights”;

• Regulation 31 “Low Enhanced Ins pection and Maintenance Program”;

• Regulation 1132* “Trans portation Conformity”;

• Regulation 35 “Conformity of Gener al Federal Actions to the State Implementation Plans ” ;

• Regulation 37 “N Ox Budget Program”;

• Regulation 39 “Nitrogen Oxides ( N Ox) Budget Trading Program”;

• Regulation 40 “Delaware's Natio nal Low Emission Vehicle (NLEV) Regulation” ;

• Regulation 41 “Limiting Emissions of Volatile Organic Compounds From Consumer and Commercial Products”;

• Regulation 42 “Specific Emission Control Requirements (Section 1)”;

• Regulation 1144* “Control of St ationary Generator Emissions”.

[* Indicating a regulation (or a secti on or sections therein) that has been

revised after the issuance of the 2006 dr afti ng manual. The prefix of “11” in “11##” in a regulation title number represents Delaware administrative code for Air Quality Management Section. See 2.2 of this SIP revision.]

In addition, the following regulati ons have been submitted to EPA as SIP

revisions a nd pending EPA’s app rovals:

• Regulation 1143 “Heavy Duty Dies el Engine Standards”;

• Regulation 1145 “Exc essive Idling of Heavy Duty Vehicles”;

• Regulation 1146 “Elec t ric Generati ng Unit (EGU) Multi-Pollutant Regulation” ;

• Regulation 1148 “Control of Stationary Combustion Turbine Electric Generating Unit Emissions”.

The purpose of this SIP revision is to make all Delaware SIP regulations (i.e., both listed and not-yet listed in 40 CF R Part 52 Subpart I) consistent with the 2006 Manual. In addition, some non-s ubstantive changes and corrections of

errors have been made. Exclusiv ely for this SIP revision:

• Administrative or editorial chan ges are those under the admi n istrativ e authority granted to Delaware Registrar's Office by 29 Del.C . Ch 1134 and are applic able to all Delaware regul ations for consistency purpose.

2Therefore, all Delaware air regul ations, both existing ones and future ones, shall follow.

• Non-substantive changes are those made for clarification and consistency purposes and do not alter or amend the int ent or meaning of the subject regulation.

• Editorial changes also include correction of errors due to typos or misprints when a regulation was devel oped or revised to its current

version.

The above changes are made on the current AQM regulations, and reflected by “ strikeouts ” for deletions and “ underlines ” for additions, as required by the 2006 Manual. After the above c hanges are made, the regulations and relevant terms (languages, codes, styles , formats, etc.) are defined as being

“revised” in this SIP revision. All revised SIP regulations ar e presented in Appendix B of this SIP revision.

It should be pointed out that the adm inistrative changes, non-substantiv e changes and corrections of errors do not alter regulatory feat ures of individual regulations , such as effective date, applic ability, regulatory lim it and requirement, complianc e schedule, enforcement procedures, etc.

1.3 Exc l usions

The following five SIP regulations (or sections) are not included in this SIP

revision:

• Regulation 31 “Low Enhanced Inspec tion and Maintenance Program”;

• Regulation 37 “NO
x Budget Program”;

• Regulation 41 “Limiting Emission s Of Volatile Organic Compounds From Consumer And Commercial Products (Section 2)”;

• Regulation 42 “Specific Emission C ontrol Requirements (Section 2)”.

Regulations 31 and 41 (Section 2) are not included because they are currently under substantive revision. Regulation 1142 (Section 2) is not included

because it is under consideration for revision. The administrative and nonsubstantive changes in those regulatio ns (or sections) will be made in their revisions. Regulation 37 is not incl uded bec ause it expired in 2002.

Although the above regulati ons are not included in this SIP revision, they

shall be referenced in the future under the new title code of “7 DE Admin Co d e 1100.” For example

, Regulatio n 31 will b e referenced as “7 DE Admin Code 1131”, instead “Regulation 31.” The new title codes and numbers are used for

consistenc y purpose. See discussions in 2.2 and 2.5 of this SIP document.

Many current AQM regulations have citations of the federal laws and documents (such the Clean Air Act, the Federal Register, and the Code of Federal Regulations). Some regulat ions contain appendixe s that are adopted directly from federal docum ents, and documents of other state agencies, or other

3sources. The adminis trative changes, non-substantive changes and corrections under this SIP revision do not apply to contents of those citations and the appendixes directly from the af orementioned other sources.

1.4 Non-SIP Regulations

The following AQM regulations are not included in 40 CFR Part 52 Subpart I list, but have been adopted by D e lawa re to deal with air quality issues not directly related to NAAQSs:

• Regulation 18 “Particulate Emissions from Grain Hand ling Operations”;

• Regulation 19 “Control of odorous Contaminants”;

• Regulation 20 “New Source Performance Standards”;

• Regulation 21 “Emission Standards for hazardous Air Pollutants”;

• Regulation 22 “Restriction on Qua lity of Fuel in Fuel Bur n ing Equipment”;

• Regulation 1125* “Requirements for Preconstruction Review” (Section 4);

• Regulation 28 “Control of Toxi c Air Contaminants-Reserved”;

• Regulation 29 “Emissions from Incineration of Infec t ious Waste” ;

• Regulation 30 “Title V State Operating Permit Program”;

• Regulation 33 “Motor Vehic l e Pr essure Test and Emission Control

Device Ins pection Program” (Replaced by Regulation 31);

• Regulation 34 “Emission Bank ing and Trading Program”;

• Regulation 36 “Acid Rain Program”;

• Regulation 1138 “Emission Standards for Hazardous Air Pollutants for Source Categories”;

• Regulation 47 Reserved.

The abov e regulations are not consider ed as Delaware SIP regulations. Therefore, they are not in cluded in this SIP revision, although the administrative and non-substantive changes in t hose regul ations are conducted along with this

SIP revision for consi s tency purposes. De laware Registrar’s Office is in charge of updating those r egulations under 29 Del. C. , Ch 1134. The proposed revisions of those non-SIP regul ations can be reviewed at:

http://regulations.delaware.gov/A dminCode/title7/1000/ 1100/index.shtml# TopOfPage

Comments on those non-SP regulations can be addressed to Jeffrey Hague, Registrar of Regulat ions, Delaware Legis l ative Counc il, at e-mail addr ess Jeffrey.Hague@state.de.us , or sent to Offi ce of R egistrar of Regulations, P.O. Box 1401, Dover, DE 19903.

1.5 Respons ibility and Contacts

The agenc y with direct responsib ility for preparing and submitting this SIP

revision is Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Air and Wa ste Manage ment (DAWM), Air Qualit y

4Management Section (AQMS), under Section Ad ministrator, Ali Mirzakhalili. The working responsibility for Delaware air quality planning and regulation development falls within AQMS’ Pl anning Branch, under Program Manager

Ronald A. Amirikian. Frank F. Gao, Ph. D. and P. E., of the Planning Branch, is the project leader and prin cipal author of this SIP revision. Questions and

comments should be addressed to either Ronald A. Amiriki an at (302)739-9402

or Ronald. Amirikian@state.de.us , or to Frank F. G ao at (302)323-4542 or
Frank.Gao@state.de.us , or sent to AQMS, 156 Sout h State S t reet, Doer, DE

19901.

52. Administrative Changes

2.1 Font Face and Size

The 2006 Manual specifies that all Dela war e regulations be drafted in Arial font face and 12-point font size. Accordingly, al l AQM SIP regulations are converted to Arial font face and 12-point font size under this SIP revision. This font-change is not reflected with st rikeouts and underlines in the revised regulations , since such change does not alter any meaning of the subject regulations in any aspect.

2.2 Regulation Title Coding and Numbering

Historically, Delaware AQM regul ations hav e been grouped in “Delaware Regulations Governing the Control of Air Pollution,” and numbered from 1 to 48 (Arabic numbers) without an indentifying or adminis tr ative code. Under the current Delaware administrative coding system, all AQM regulations should be under “Title 7 DNREC, 1100 Air Quality Management Section” and be coded with four digits in a format of “11##”, where the first two digits “11” specify “AQMS” and the second two digits “##” are the re gulation numbers. According to this requirement, titles of all Delaware AQM regulations are recoded as follows, using Regulation No. 1 as an example, with s t rikeouts representing deletions and

underlines for additions:

Title 7 DNREC 1100 Air Quality Man a gement Section

REGUL A T ION NO. 1

1101 DEFI NITIONS AND ADMINISTRATIV E PRINCIP L ES

Under this SIP revision, all revised regulations use a bold-face text for

their titles. In case that a current title used a regula r-face text, this regular -tobold change is not indicated by using strikeouts and underlines, since such change does not alter any meaning of the title in any as pect.

2.3 Format of Definitions

Various formats for definitions of terms have been used in Delawar e AQM regulations . According to the 2006 Manual, the following for m at has been adopted as a standard format i n all AQM regulations under this SIP revision, using “heat input” as an example, with strikeouts representing deletions and

underlines for additions:

“Heat input” HEAT INPUT : The means the potential thermal energy resulting from the co mplete combustion of any fuel.

In some regulations, such as in R egulation No. 12, the terms to be defined are not bolded, but are in the standard format already. In those cases, the

6change from un-bolded terms to bold-face te rms are not identif ied by strikeouts and underlines, since such change does not alter any meaning of the terms

themselves and definitions that follow.

2.4 Section and Subsection Numbering

According to the format provi ded in the 2006 Manual, two changes ar e made with respect to sections in a r egulation under this SIP revision: (1) All prefixes of “Section-” in section title lines ar e deleted; (2) Sections are numbered using a consistent format of Arabic numeral “#.0”.

A majority of the curr ent AQM regulations have subsections of various levels, and use different symbols for subsec tions, such as lower-case letters (a, b,...), Roman numbers (i, ii, ...), Arabic numbers in par enthesis [(1), (2), ... ], upper-case letters (A, B, ...), and paired lower-case letters (aa, bb, ...). According to the format provided in the 2006 Manual, all those subsection symbols in the current AQM regulations ar e replaced by Arabic numbers under

this SIP revision.

The following is an example from Regulation 24, demonstrating changes in numbering of sections and subsections, with strikeouts representing deletions

and underlines for additions:

Section 4

– 4.0 Compliance Certification, Recordkeeping, and Repo rting Requirements for C o ating Sources

4.1 a. To establish the records...

4.2 b. Requirements for coating sour ces...

4.2.1 1. Certification. By November 15, 1993, the owner or operator of a facility... by providing all of the follow i n g :

4.2.1.1 i. The name and location of the facility.

4.2.1.2 ii. The address and...

According to the format provided in the 2006 Manual, the bold-face is adopted for section titles in all revised regulations. In t hose cases where a regular-to-bold face change is made, the change is not identif ied by strikeouts and underlines, since such change does not al ter any meaning of the section title in any aspect.

2.5 Citations in Regulations

According to the 2006 Manual, all AQ M regulations should be c i ted as Delaware Administration Code by title and regulation number (for code titles and numbers, see 2.2 of this SI P revision). Therefore, ci tations of another regulation

7are revised to the following standard fo rmat, using an excerp t from Regulation No. 2 as an example, with strikeouts representing deletions and underlines for

additions:

... in an operation permit issued pursuant to Regulation No. 30 7 DE

Admin Code 1130

.

In several AQM regulations, Delaware’s solid waste regulation is cited. According the 2006 Manual, and the latest vers ion of that regulation, the citation is changed to:

... the Solid Waste Regulations 7 DE Admin Code 1301, Regulations Governing Solid Waste

.

Another common citation in the AQM r egulations is the Delawar e Code. According to the 2006 Manual, the follo wing standard format is adopted in all AQM regulations under this SIP revisi on, using Title 29 of Delaware Code, Chapter 80 as an example:

...as defined in 29 Del. C. , Ch 80 ...

In cases w here an un-bolded “Del. C.” is changed to a bold “ Del. C. ”, the strikeouts and underlines (i.e., Del. C. Del. C

. ) are not used in the revised regulations , since such change does not al ter any meaning of the subject in any aspect. In addition, the sym bol “§” is used when a sec t ion of the Delaware Code

is cited.

2.6 Other Changes

Based on the specific ations in t he 2006 Manual, the following changes are also made in all AQM regulations unde r this SIP revision, with strikeouts representing deletions and underlines for additions:

2.6.1 Changing “and/ or” to “or”.

Example: ...previous permit and/ or application...

2.6.2 Changing “word(s)” to “word or w o rds”.

Example: ... control device (s) or devices

...

2.6.3 Spelling out number s from 1 to 9, exc ept those followed by specifying symbols such as %, o C, o F, and those used for special terms

such as “the 1-hour ozone standard. ” However, numerals between 1.0 and 9.0 are not spelled out, due to the precision meani ng held by the decimal place.

82.6.4 Using Arabic numbers for 10 and greater, except w hen used at the beginning of a sentence.

2.6.5 Changing word “percent” following a numeral to “%”.

Examples for the above three changes include:

... 3 three years after the effective date ...

... 5 % percent of the emissions ...

... twenty percent 20% of the emissions ...

2.6.6 Change “deg C and deg F” to “ o C and o F”, respectively.

Example: ...at 343 deg

. C o C (650 deg

. F o F ) or higher ...

2.6.7 Change dates in the text, fo r example, from “12/02/94” to “December 2, 1994.”

This change is made according to the 2006 Manual. For those

dates in front of a section title li ne, see 3.4 of this SIP revision.

93. Non-Subst a ntive Changes

3.1 Addition and Deletion of Words

3.1.1 Additions

In a current AQM regulation, its sections and subsections may be referenced frequently in the regulation itself. In addi tion, the federal Clean Air Act (the Act) may be cited frequently as well. To ensur e precise citations and references, the terms “of (or in) this regulation” and “of (or in) the Act” are added wherever they seem necessary and adequate. See examples in 3.1.2 of this SIP revision.

3.1.2 Deletions

In the current regulat ions, terms such “section, subsection, part, subpart, paragraph, and subparagraph” ar e used extensiv ely, but not consistently and properly. For exampl e, the term “section” is used to denote not only sections, but oftentimes subsections and ev en subsubsections. In addition, the term “paragraph” is used for secti ons and subsections which contain multiple paragr aphs. Under this SIP revision, terms “section, subsection, part, subpart, paragraph, and subparagraph” are no longer used in front of secti on or subsection numbers. Examples

include:

...pursuant to section 5( a ) (i)(1)A 5.1.1.1.1 of this regulation

... (See also 2.4 of this SIP revision.)

... to meet the require ments of S e ction 112( i)(1) of the Act

... (See also 1.3 of this SIP revision.)

3.1.3 Deleting Specific Se ct ion and Subsection Numbers

There are cases in the current r egulations where there is only one

subsection in a section. This single subsection is no longer numbered under this SIP revision. See exampl e below, where “6.1” is deleted since it was to denote a single subsection in Section 6.

Section 6

– 6.0 RACT P R OPOSALS

6.1 The RACT propos al submitted in accordance with...

3.2 Changing Italic Font Style to Regular Style

In some current regulations, the italic font is used for the purpose of identifying terms that are defined in the s ubject regulations. In other regulations, the italic font is used for other purpos es, such as emphasis. Under thi s SIP revision, the italic font is no longer used. This change is not indicated by

10strikeouts and underlines (e.g., em iss i ons emissions ) in the revised regulat ions, since such change does not alter any m eaning of the terms t hemselves and their contexts in any aspect.

3.3 Renumbering Tabl es and Equations

Tables or equations in the curr ent AQM regulations are numbered in various ways. Under this SIP revision, a standard format of “X-Y” is adopted for all tables and equations, with X denoti ng a section and Y denoting table or equation or der in that secti on. For example, the follo wing changes are made in Section 7 of Regulation 17 and S e ction 1 of Regulation 41, fo r table number and equation number, respectively:

TABL E 7.2

– 1 7-1 . ESTIMATED EMISSIONS METHOD CODE

1.6.1.1 ... Determine t he VOC content using equation 1- 1 as follows:

Vec Vw Vm Wec Ww Ws Content VOC

− − − −

= ( 1- 1)

When tables or equations appear in an appendix, they ar e also numbered

with the standard format of “X-Y”, where X denoting the appendix (A, B, ...etc. See 3.5 of this SIP revision) and Y denoting table or equation order in the appendix. For example, the 3 rd equation in Appendix A is numbered as “A-3”.

3.4 Dates Associated with Section Titles

Historically, all Delaware AQM r egulations have plac ed a date, in the format of “mm/dd/yy” or “m m/dd/yyyy,” immediately in front of or after a section title, indicating the date when the subj ect section was adopt ed in its latest

version. Those dates are mainly for reco rd purpose. It is oftenti m es necessary to revise or update only individual sect ion or sections, but not the w hole regulation. Therefore, new requirements and supporting data are reflected only in the newly-adopted section or secti ons. It is determined, under thi s SIP revision, that those dates are maintained in all AQM regulations, in a consist ent format of “mm/dd/yyyy.”

3.5 Appendixes

3.5.1 Numbering Appendixes

Appendixes in a regulation are num bered using capital letters (A, B, ...) under this SIP revision. In R egulation 24, the cu rrent appendixes are numbered with capital letters in doubl e quotation marks (e.g., Appendi x “A”). All appendixes in Regula tion 24 are renumbered with un-quoted capital letters under this SIP revi sion, without strikeouts and underlines (e.g., “A” A ).

11In addition, all appendixes of AQM regulations are identified using bold-face (i.e., Appendix ) under this SIP revision, to distinguish them from appendixes of other documents cit ed in the AQM regulations.

3.5.2 Footnotes in Appendixes

According to the 2006 Manual, f ootnotes should be presented at the end of a regulation. For appendixes, however, footnotes are placed at the end of each appendi x under this SIP revision. For example, footnotes used in an appendix of R egulation 24 are present ed at the end of the subject appendix, instead of at the far end of the entire regulation.

3.5.3 References in Appendixes

References in an appendix are no longer denoted by superscripts (i.e., 1, 2, ...) under this SIP revision. Instead, a directing text in parenthesi s “(see # of this appendix)” is used, w here “#” is the or der number of the

reference listed at t he end of the appendix.

3.6 Other Changes

Other non-substantive changes are m ade under this SIP revision, mainly for consistency and clarification purposes. The changes are indicated by strikeouts and underlines, and are self-explana tory. The following is an example:

12.8 through 12.10 [R eserved]

12.8 [Reserved]

12.9 [Reserved]

12.10 [Reserved]

124. Correction of Errors

Correction of errors under this SI P revision is s e lf-explanat ory. For example, the following correction is made in 2.3 of Regulation 9:

...shall not apply... to petr oleum storage and transfer facilities.

Examples of other self-explanato ry corrections under this SIP revision

include:

• Correcting “CO2” to “CO 2 ”;

• Correcting “cm3” to “c m 3 ”;

• Correcting “the 31st” to “the 31 st ”.

The above superscript or subscript co rrections are not indic a ted wit h

strikeouts and underlines in this SIP revision, since such correcti ons do not alter any meaning of the subjects in any aspect.

135. Appendixes

A. Delaware Manual fo r Drafting Regulations , March 2006 Edition, Registrar’s Office, Division of Research of the General Assembly, Dover, DE. Available at

http://regulations.delaware.gov/ documents/drafting&stylemanual.pdf

B. Collection of Revised Delawa re SIP Regulations. Available at

http://regulations.delaware.gov/regist er/july2008/propos ed/index.s h tml#To pOfPage

Under: DEPARTMENT OF NATURAL RESOURCES AND

ENVIRONMENTAL CONTROL

14