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 OrderNo.: 2010-A-0006 ' RE: ApprovingFinalAmendments to 7DEAdmin. Code 1125, Requirementsfor Preconstruction Review: Section 3.0, "Prevention ofSignificantDeterioration ofAir Quality"

Date

### ofIssuance: March 11,2010 EffectiveDateofthe 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 ofthe Secretary in the abovereferencedrulemakingproceeding. Background and Procedural History This Order considers proposed regulatory amendments to 7 DE Admin. Code 1125, Requirements for Preconstruction Review: Section 3.0, "Prevention ofSignificant Deterioration ofAir Quality" in order to cite explicitly that nitrogen oxide (NOx) is a precursorto the formation ofground 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 ofRegulations and held a public hearing on January 5, 2010. The Department's presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer's Report dated February 26, 2010 (Report). The Reportrecommendscertainfindings and the adoption ofthe proposed regulatory amendments as attached to theReport 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 makingits determination. I find that the Department's experts in the AQM Section ofthe DAWM fully developed the record to support adoption ofthis Amendment. Withthe adoption ofthe regulatory amendment to 7-DE Admin. Code 1125, Requirements for Preconstruction Review:. Section 3.0, "Prevention ofSignificant Deterioration ofAir 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

ozoneprecursor. In conclusion, the folJowing findings and conclusions areentered: 1.) The Department hasjurisdiction under· its statutory authority to issue an Order adopting this proposea Amendmentas final;



### 22.) The Department provided adequate public notice of the proposed Amendment, and provided the public with an adequate opportunity to comment on the proposedAmendment,including at apublichearing; 3.) The Departmentheld apublic 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 concerningthis 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 forthis Order; 5.) The recommended Amendment does not reflect any substantive changes from the proposed regulation Amendment as published in the December 1, 2009, DelawareRegisterof Regulations; 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 inthe record; andthat



### 37.) 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.

# ~~ Secretary

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