STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES
 

AND ENVIRON MENTAL CONTROL
 

89 KINGS HIGHWAY PHONE: (302) 739-9000 

SECRETARY DOVER, DELAWARE 19901 

OFFICE OF THE 

FAX: (302) 739-6242 

Secretary's Order No.: 2010-A-0006 ' 

RE: Approving Final Amendments to 7 DE Admin. Code 1125,
 

Requirements for Preconstruction Review:
 

Section 3.0, "Prevention of Significant Deterioration of Air Quality"
 

Date of Issuance: March 11,2010
 

Effective Date of the Amendment: April 11, 2010
 

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 regulatory amendments to 7 DE Admin. Code 

1125, Requirements for Preconstruction Review: Section 3.0, "Prevention of Significant 

Deterioration of Air Quality" in order to cite explicitly that nitrogen oxide (NOx) is a 

precursor to the formation of ground level ozone. 

On October 13,2009, 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 Notice 2009-28. The Department published the 

proposed regulatory amendments in the December 1, 2009 Delaware Register of 
Regulations and held a public hearing on January 5, 20 10. The Department's presiding 

hearing officer, Lisa A. Vest, prepared a Hearing Officer's Report dated February 26, 

2010 (Report). The Report recommends certain findings and the adoption of the proposed 

regulatory amendments as attached to the Report as Appendix A. 

Findings and Discussion 

I 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 developed the record and drafted the proposed Amendments. 

The Department received public comments from th~ regulated co~unity, as noted in 

the Report, and considered and responded to all timely and relevant public comments in 

making its determination. 

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

developed the record to support adoption of this Amendment. With the adoption of the 

regulatory amendment to 7 -DE Admin. Code 1125, Requirements for Preconstruction 

Review:. Section 3.0, "Prevention of Significant Deterioration of Air Quality", Delaware 

will be in compliance with the Completeness Finding of the U.S. Environmental 

Protection Agency (EPA), which requires this revision at the State level (see 73 FR 

16205, March 27, 2008), based on EPA's determination that the current language is not 

clear that NOx (in addition to volatile organic compounds [VOCsJ) is a ground level 

ozone precursor. 

In conclusion, the folJowing findings and conclusions are entered: 

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

Order adopting this proposea Amendment as final; 

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

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

proposed Amendment, including at a public hearing; 

3.) The Department held a public hearing on January 5, 2010 on the proposed 

Amendment in order to consider public comments before making any final decision, 

however, no comments were received by the Department from the regulated community 

concerning this matter; 

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

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

provide additional reasons and findings for this Order; 

5.) The recommended Amendment does not reflect any substantive changes 

from the proposed regulation Amendment as published in the December 1, 2009, 

Delaware Register ofRegulations; 

6.) The recommended Amendment should be adopted as a final regulation 

Amendment because (1) Delaware will be enabled to be in compliance with the 

Completeness Finding of the u.s. Environmental Protection Agency (EPA), which 

requires this revision at the State level (see 73 FR 16205, March 27, 2008), based on its 

detennination that the current regulatory language is not clear that NOx (in addition to 

volatile organic compounds [YOCsJ) is a ground level ozone precursor; and (2) the 

regulation amendment is 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. 

~~Secretary 

Ahear\ Reg, I J2S$ecL3 ,O,Amndm!s,20 l 0 Ord, 

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