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.] 

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Table of Contents Page 

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

1.1 Background 

1.2 Purpose and Scope 

 1.3 Exclusions

 1.4 Non-SIP Regulations 

1.5 Responsibility 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-Substantive Changes ----------------------------------------------------------- 10

3.1 Addition and Deletion of Words

3.2 Changing Italic Font Style to Regular Style 

3.3 Renumbering Tables and Equations 

3.4 Dates Associated with Section Titles 

3.5 Appendixes 

3.6 Other Changes 

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

5 Appendixes ------------------------------------------------------------------------------- 14

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Acronym List 

AQM - Air Quality Management 

AQMS - Air Quality Management Section of DNREC 

CAA - Clean Air Act 

CAAA - Clean Air Act Amendments of 1990 

CFR - Code of Federal Regulations 

DAWM - Division of Air and Waste Management of DNREC 

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 Compound 

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1. Introduction 

1.1 Background 

In the past three decades or so, Delaware has developed 48 regulations

for ambient air quality management. Under Section 110 of the Clean Air Act 

(CAA), an air quality management (AQM) regulation, when relied upon to attain 

or maintain the national ambient air quality standards (NAAQSs), must go 

through public review-comment and hearing process, and then be submitted to 

US Environmental Protection Agency (EPA) for approval as a state 

implementation plan (SIP) 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 through the Registrar’s 

Office under Division of Research of the General Assembly. The Registrar’s 

Office has developed guidelines and drafting manuals for Delaware regulations. 

The latest edition of drafting and style manual, entitled “Delaware Manual for 

Drafting Regulations,” was issued as Delaware Administrative Code in March 

2006 (see Appendix A of this document, hereafter referred to as “the 2006 

drafting manual” or simply as “the 2006 Manual”). 

Since the 2006 drafting manual was issued, several Delaware 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 regulations, 32 regulations have been 

approved by EPA as Delaware state implementation plan (SIP) revisions, and 

are listed in 40 CFR Part 52 Subpart I (hereafter referred to as SIP regulations). 

They are: 

• Regulation 1 “Definitions and Administrative Principles”; 

• Regulation 1102* “Permits”; 

• Regulation 3 “Ambient Air Quality Standards”; 

• Regulation 4 “Particulate Emissions From Fuel Burning Equipment”; 

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

• Regulation 6 “Particulate Emissions From Construction and Materials 

Handling”; 

• Regulation 7 “Particulate Emissions From Incineration”; 

• Regulation 8 “Sulfur Dioxide Emissions From Fuel Burning Equipment”; 

• Regulation 9 “Emissions of Sulfur Compounds From Industrial 

Operations”; 

• Regulation 10 “Control of Sulfur Dioxide Emissions—Kent and Sussex 

Counties”; 

• Regulation 11 “Carbon Monoxide Emissions From Industrial Process 

Operations New Castle County”; 

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• Regulation 12 “Control of Nitrogen Oxide Emissions”; 

• Regulation 1113* “Open Burning”; 

• Regulation 14 “Visible Emissions”; 

• Regulation 15 “Air Pollution Alert and Emergency Plan”; 

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

• Regulation 17 “Source Monitoring, Recordkeeping and Reporting”; 

• Regulation 23 “Standards of Performance for Steel Plants: Electric Arc 

Furnaces”; 

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

• Regulation 1125* “Requirements for Preconstruction Review” (Sections 1, 

2 and 3); 

• Regulation 26 “Motor Vehicle Emissions Inspection Program”; 

• Regulation 27 “Stack Heights”; 

• Regulation 31 “Low Enhanced Inspection and Maintenance Program”; 

• Regulation 1132* “Transportation Conformity”; 

• Regulation 35 “Conformity of General Federal Actions to the State 

Implementation Plans”; 

• Regulation 37 “NOx Budget Program”; 

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

• Regulation 40 “Delaware's National 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 Stationary Generator Emissions”. 

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

revised after the issuance of the 2006 drafting 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 regulations have been submitted to EPA as SIP 

revisions and pending EPA’s approvals: 

• Regulation 1143 “Heavy Duty Diesel Engine Standards”; 

• Regulation 1145 “Excessive Idling of Heavy Duty Vehicles”; 

• Regulation 1146 “Electric Generating 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 CFR Part 52 Subpart I) consistent with 

the 2006 Manual. In addition, some non-substantive changes and corrections of 

errors have been made. Exclusively for this SIP revision: 

• Administrative or editorial changes are those under the administrative 

authority granted to Delaware Registrar's Office by 29 Del.C. Ch 1134 and 

are applicable to all Delaware regulations for consistency purpose. 

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Therefore, all Delaware air regulations, 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 intent or meaning of the subject 

regulation.

• Editorial changes also include correction of errors due to typos or

misprints when a regulation was developed 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 changes 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 are presented in 

Appendix B of this SIP revision. 

It should be pointed out that the administrative changes, non-substantive 

changes and corrections of errors do not alter regulatory features of individual 

regulations, such as effective date, applicability, regulatory limit and requirement, 

compliance schedule, enforcement procedures, etc. 

 

1.3 Exclusions

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

revision: 

• Regulation 31 “Low Enhanced Inspection and Maintenance Program”; 

• Regulation 37 “NOx Budget Program”; 

• Regulation 41 “Limiting Emissions Of Volatile Organic Compounds 

From Consumer And Commercial Products (Section 2)”; 

• Regulation 42 “Specific Emission Control 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 regulations (or sections) will be made in their

revisions. Regulation 37 is not included because it expired in 2002. 

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

shall be referenced in the future under the new title code of “7 DE Admin Code

1100.” For example, Regulation 31 will be referenced as “7 DE Admin Code

1131”, instead “Regulation 31.” The new title codes and numbers are used for 

consistency 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 regulations contain appendixes that are adopted 

directly from federal documents, and documents of other state agencies, or other

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sources. The administrative changes, non-substantive changes and corrections

under this SIP revision do not apply to contents of those citations and the 

appendixes directly from the aforementioned 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 Delaware to deal with air quality issues

not directly related to NAAQSs: 

• Regulation 18 “Particulate Emissions from Grain Handling 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 Quality of Fuel in Fuel Burning 

Equipment”; 

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

4); 

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

• Regulation 29 “Emissions from Incineration of Infectious Waste”; 

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

• Regulation 33 “Motor Vehicle Pressure Test and Emission Control 

Device Inspection Program” (Replaced by Regulation 31); 

• Regulation 34 “Emission Banking and Trading Program”; 

• Regulation 36 “Acid Rain Program”; 

• Regulation 1138 “Emission Standards for Hazardous Air Pollutants for 

Source Categories”; 

• Regulation 47 Reserved. 

The above regulations are not considered as Delaware SIP regulations.

Therefore, they are not included in this SIP revision, although the administrative 

and non-substantive changes in those regulations are conducted along with this 

SIP revision for consistency purposes. Delaware Registrar’s Office is in charge 

of updating those regulations under 29 Del. C., Ch 1134. The proposed 

revisions of those non-SIP regulations can be reviewed at: 

 

http://regulations.delaware.gov/AdminCode/title7/1000/1100/index.shtml#

TopOfPage

Comments on those non-SP regulations can be addressed to Jeffrey

Hague, Registrar of Regulations, Delaware Legislative Council, at e-mail address 

Jeffrey.Hague@state.de.us, or sent to Office of Registrar of Regulations, P.O. 

Box 1401, Dover, DE 19903. 

 

1.5 Responsibility and Contacts 

The agency with direct responsibility for preparing and submitting this SIP

revision is Delaware Department of Natural Resources and Environmental 

Control (DNREC), Division of Air and Waste Management (DAWM), Air Quality

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Management Section (AQMS), under Section Administrator, Ali Mirzakhalili. The 

working responsibility for Delaware air quality planning and regulation 

development falls within AQMS’ Planning Branch, under Program Manager

Ronald A. Amirikian. Frank F. Gao, Ph. D. and P.E., of the Planning Branch, is 

the project leader and principal author of this SIP revision. Questions and 

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

or Ronald.Amirikian@state.de.us, or to Frank F. Gao at (302)323-4542 or

Frank.Gao@state.de.us, or sent to AQMS, 156 South State Street, Doer, DE 

19901. 

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2. Administrative Changes 

2.1 Font Face and Size 

The 2006 Manual specifies that all Delaware regulations be drafted in Arial 

font face and 12-point font size. Accordingly, all 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 strikeouts 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 regulations have been grouped in “Delaware 

Regulations Governing the Control of Air Pollution,” and numbered from 1 to 48 

(Arabic numbers) without an indentifying or administrative 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 regulation numbers. According to this 

requirement, titles of all Delaware AQM regulations are recoded as follows, using 

Regulation No. 1 as an example, with strikeouts representing deletions and 

underlines for additions: 

Title 7 DNREC

1100 Air Quality Management Section

REGULATION NO. 1

1101 DEFINITIONS AND ADMINISTRATIVE PRINCIPLES 

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

their titles. In case that a current title used a regular-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 aspect. 

2.3 Format of Definitions

Various formats for definitions of terms have been used in Delaware AQM 

regulations. According to the 2006 Manual, the following format has been 

adopted as a standard format in 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 complete combustion of any fuel. 

In some regulations, such as in Regulation No. 12, the terms to be defined 

are not bolded, but are in the standard format already. In those cases, the 

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change from un-bolded terms to bold-face terms are not identified 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 provided in the 2006 Manual, two changes are 

made with respect to sections in a regulation under this SIP revision: (1) All 

prefixes of “Section-” in section title lines are deleted; (2) Sections are numbered 

using a consistent format of Arabic numeral “#.0”. 

A majority of the current AQM regulations have subsections of various 

levels, and use different symbols for subsections, such as lower-case letters (a, 

b,...), Roman numbers (i, ii,...), Arabic numbers in parenthesis [(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 are 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 Reporting 

Requirements for Coating Sources 

4.1 a. To establish the records... 

4.2 b. Requirements for coating sources... 

4.2.1 1. Certification. By November 15, 1993, the owner or operator 

of a facility... by providing all of the following: 

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 those cases where a 

regular-to-bold face change is made, the change is not identified by strikeouts 

and underlines, since such change does not alter any meaning of the section title 

in any aspect. 

2.5 Citations in Regulations 

According to the 2006 Manual, all AQM regulations should be cited as 

Delaware Administration Code by title and regulation number (for code titles and 

numbers, see 2.2 of this SIP revision). Therefore, citations of another regulation 

7 
are revised to the following standard format, using an excerpt 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 version 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 regulations is the Delaware Code.

According to the 2006 Manual, the following standard format is adopted in all 

AQM regulations under this SIP revision, using Title 29 of Delaware Code,

Chapter 80 as an example: 

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

In cases where 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 alter any meaning of the subject in any

aspect. In addition, the symbol “§” is used when a section of the Delaware Code 

is cited. 

2.6 Other Changes 

Based on the specifications in the 2006 Manual, the following changes are 

also made in all AQM regulations under 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 words”. 

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

2.6.3 Spelling out numbers from 1 to 9, except those followed by 

specifying symbols such as %, o

C, oF, 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 meaning held by the 

decimal place. 

8 
2.6.4 Using Arabic numbers for 10 and greater, except when 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 oF”, respectively. 

 Example: ...at 343 deg. C o

C (650 deg. F oF) or higher ...

2.6.7 Change dates in the text, for 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 line, see 3.4 of this SIP revision. 

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3. Non-Substantive 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 addition, the federal Clean 

Air Act (the Act) may be cited frequently as well. To ensure 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 regulations, terms such “section, subsection, part, 

subpart, paragraph, and subparagraph” are used extensively, but not 

consistently and properly. For example, the term “section” is used to 

denote not only sections, but oftentimes subsections and even subsubsections. In addition, the term “paragraph” is used for sections and 

subsections which contain multiple paragraphs. Under this SIP revision, 

terms “section, subsection, part, subpart, paragraph, and subparagraph”

are no longer used in front of section 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 requirements of Section 112(i)(1) of the Act... 

(See also 1.3 of this SIP revision.) 

3.1.3 Deleting Specific Section and Subsection Numbers 

There are cases in the current regulations where there is only one 

subsection in a section. This single subsection is no longer numbered 

under this SIP revision. See example below, where “6.1” is deleted since 

it was to denote a single subsection in Section 6. 

Section 6 – 

6.0 RACT PROPOSALS

6.1 The RACT proposal 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 subject regulations. In other regulations,

the italic font is used for other purposes, such as emphasis. Under this SIP 

revision, the italic font is no longer used. This change is not indicated by 

10 
strikeouts and underlines (e.g., emissions emissions) in the revised regulations, 

since such change does not alter any meaning of the terms themselves and their

contexts in any aspect. 

3.3 Renumbering Tables and Equations 

Tables or equations in the current 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 denoting a section and Y denoting table or

equation order in that section. For example, the following changes are made in 

Section 7 of Regulation 17 and Section 1 of Regulation 41, for table number and 

equation number, respectively: 

TABLE 7.2 – 1 7-1. ESTIMATED EMISSIONS METHOD CODE 

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

Vm Vw Vec

Ws Ww Wec VOCContent − −

− − = (1-1) 

When tables or equations appear in an appendix, they are 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 3rd equation in Appendix A is numbered as “A-3”. 

 

3.4 Dates Associated with Section Titles 

Historically, all Delaware AQM regulations have placed a date, in the 

format of “mm/dd/yy” or “mm/dd/yyyy,” immediately in front of or after a section 

title, indicating the date when the subject section was adopted in its latest 

version. Those dates are mainly for record purpose. It is oftentimes necessary

to revise or update only individual section or sections, but not the whole 

regulation. Therefore, new requirements and supporting data are reflected only

in the newly-adopted section or sections. It is determined, under this SIP

revision, that those dates are maintained in all AQM regulations, in a consistent

format of “mm/dd/yyyy.” 

3.5 Appendixes 

3.5.1 Numbering Appendixes 

Appendixes in a regulation are numbered using capital letters (A, B,

...) under this SIP revision. In Regulation 24, the current appendixes are 

numbered with capital letters in double quotation marks (e.g., Appendix 

“A”). All appendixes in Regulation 24 are renumbered with un-quoted 

capital letters under this SIP revision, without strikeouts and underlines

(e.g., “A” A). 

11 
In 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 cited in the AQM regulations. 

3.5.2 Footnotes in Appendixes 

According to the 2006 Manual, footnotes should be presented at 

the end of a regulation. For appendixes, however, footnotes are placed at

the end of each appendix under this SIP revision. For example, footnotes

used in an appendix of Regulation 24 are presented 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 parenthesis

“(see # of this appendix)” is used, where “#” is the order number of the 

reference listed at the end of the appendix. 

3.6 Other Changes 

Other non-substantive changes are made under this SIP revision, mainly

for consistency and clarification purposes. The changes are indicated by 

strikeouts and underlines, and are self-explanatory. The following is an example: 

12.8 through 12.10 [Reserved] 

12.8 [Reserved] 

 

12.9 [Reserved]

12.10 [Reserved]

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4. Correction of Errors 

Correction of errors under this SIP revision is self-explanatory. For 

example, the following correction is made in 2.3 of Regulation 9: 

...shall not apply... to petroleum storage and transfer facilities. 

Examples of other self-explanatory corrections under this SIP revision 

include: 

• Correcting “CO2” to “CO2”; 

• Correcting “cm3” to “cm3

”; 

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

The above superscript or subscript corrections are not indicated with

strikeouts and underlines in this SIP revision, since such corrections do not alter

any meaning of the subjects in any aspect. 

13 
5. Appendixes 

 

A. Delaware Manual for 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 Delaware SIP Regulations. Available at 

 

http://regulations.delaware.gov/register/july2008/proposed/index.shtml#To

pOfPage

Under: DEPARTMENT OF NATURAL RESOURCES AND 

ENVIRONMENTAL CONTROL 

14