Amendment to the

State Implementation Plan Revision for

Ozone, Fine Particulate Matter (PM2.5)

NAAQS and Visibility

(as submitted on December, 2007)

August 28, .20 09

• Delaware Department of Natural Resources and

Environmental Control, Air Quality Management
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Delaware’s initial SIP was approved by the EPA on May 31, 1972. Since this initialapproval, the Delaware SIP has been revised numerous times to address air quality nonattainment and maintenance issues. This was done by updating plans and inventories,and adding new and revised regulatory control requirements. Delaware’s SIP is compiled

at 40 C.F.R. Part 52 Subpart I.

Section 2.0 of this document is a revision to Delaware’s SIP. The purpose of this SIP

revision is to detail how Delaware meets all of the necessary implementation,maintenance, and enforcement measures required by the Clean Air Act (“CAA”),specifically, CAA §1 l0(a)(2). Under the heading “Delaware’s Plan” in Section 2.0 of

this document -Delaware provides a revision to its SIP to address those requirements of

Section 1 I0(aJ(2)(A)-(M) of the CAA which have not been addressed in other SIP

revisions. It is a compilation of certain elements that describe how Delawaredemonstrates how the 1997 eight-hour ozone and the 1997 fine particulate (PM25)

NAAQS are being implemented, maintained and enforced. The elements of this SIPrevision, once approved by EPA, will provide a federally enforceable written

confirmation that Delaware will continue to comply with the Section 1 l0(a)(2)

requirements of the CAA.

Legislative authority for the Delaware air quality program relating to the responsibilitiesin the CAA is codified in Title 7 “Conservation” of the Delaware Code, Chapter 60 — Delaware’s comprehensive water and air resources conservation law, which gives the

Delaware DNREC the power and duty to implement the provisions of the CAA in the

State of Delaware.

Many of the miscellaneous requirements of Section 1 10(a)(2)(A)-(M) of the CAArelevant to the 1997 eight-hour ozone and 1997 fine particulate (PM25)NAAQS are

already contained in Delaware’s SIP or in SIP revisions which have been submitted to

but not yet approved by EPA. The following Table identifies those SIP provisions. Theattainment and base year inventory plans and the regulations cited in the following Table

have gone through public notice and hearing prior to submittal to EPA. The followingTable also identifies those infrastructure requirements which are not applicable toDelaware.

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limitations and other control

measures, means, or techniques(including economic incentives

such as fees, marketable permits,

and auctions of emissions rights),

as well as schedules and timetablesfor compliance as may benecessary or appropriate to meetthe applicable requirements of this

Act.

NAAQS, the pertinent emission

limitations and schedules are containedin Delaware’s approved SiP that are

listed in 40 CFR 52.420(c).

• Regulation No. 46 Electric

Generating Unit (EGU) MultiPollutant Regulation, November 21,2006

• RegulatiônNo. 13, Open Burning

Regulation, May 2, 2007

• Regulation No. 24, Section 46,

Crude Oil Lightering, May 2, 2007

• Regulation No. 48, Combustion

Turbine Generator Emissions,

September 11, 2007

Regulation No. 44, Stationary

Generator Emissions, November 1,

2007

Regulation No. 1, Definitions And

Administrative Principles

• Regulation No. 4, Particulate

Emissions From Fuel Burning

Equipment

• Regulation No. 5, Particulate

Emissions From Industrial Process

Operations

• Regulation No. 6, Particulate

Emissions From Qonstruction And

Materials HandlingRegulation No. 7, Emissions FromIncineration Of NoniafectiousWaste

• Regulation No. 8, Sulfur Dioxide

Emissions From Fuel Burning

EquipmentRegulation No. 9, Emissions OfSulfur Compounds From Industrial

OperationsRegulation No. 10, Control OfSulfur Dioxide Emissions Kent And

1 All of the State of Delaware “Regulations Governing the Control of Air Pollution” have been re-coded

under 7 DE Admin Code 1100, effective September 11, 2008. This recoding was submitted to the EPA asa SIP on June 15, 2009, but has not yet been approved into the DE SIP. Because of this some ofDelaware’s control requirements are cited in this document in the old format. For example, “7 DE Admin

Code 1131” is cited as “Regulation 31”.

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Emissions Inspection Program

• Regulation No. 27, Stack Heights

Regulation No. 31, Low EnhancedInspection And Maintenance

Program

• Regulation No. 32, Transportation

Conformity Regulation

• Regulation No. 35, Conformity Of

General Federal Actions To The

State Implementation Plans

a Regulation No. 36, Acid Rain

Program

• Regulation No. 37, NOx Budget

Program

• Regulation No. 39, Nitrogen Oxides

Budget Trading Program

a Regulation No. 40, National Low

Emission Vehicle Program

• Regulation No. 41, Limiting

Emissions Of Volatile Organic

Compounds From Consumer AndCommercial Products

• Regulation No. 42, Specific

Emission Control

§1lO(a)(2)(B) Provide for establishment and Regulation 17 Source Monitoring, 40 CFR 52.420(c)

operation of appropriate devices, Record Keeping And Reporting and

methods, systems, and procedures Regulation No. 3, Ambient Air Qualitynecessary to - (i) monitor, Standards, of the State of Delaware

compile, and analyze data on Regulations Governing the Control of

ambient air quality, and (ii) upon Air Pollution provides for the

request, make such data establishment and operation ofavailable to the Administrator, procedures necessary to monitor,

compile and analyze data related to

ambient air quality.

§Il0(a)(2)(C) Include a program to provide for Delaware implements its Construction 40 CFR 52 420(c)

the enforcement of the measures and Operation Permit Program under

described in subparagraph (A) and Regulation Nos.2, and 25 of the Stateregulation of the modification and of Delaware Regulations Governing

construction of any stationary the Control of Air Pollution.

source within the areas covered by

the plan as necessary to assure that Delaware implements its Prevention of

national ambient air quality Significant Deterioration (PSD)

standards are achieved, including a Program requirements under

penriit program as required in parts Regulation No. 25 of the State of

L_____________________ C and D; Delaware Regulations Governing the
for enforcement are found in thoseprovisions of Regulation 25,Regulation 11 and Regulation 17 aswell as the source monitoring, source

testing and testmethods, and,recordkeeping and reporting provisionsof Regulations 12, 23, 24, 26, 31, 37,

39, 40, 41, 42, and others in theapproved Delaware SIPs as well asrecently submitted regulatory SIP

revisions discussed under section

1 l0(a)(2)(A) above.

These recently submitted regulatory

revisions and the regulations in

Delaware’s approved SIP that are

listed in 40 CFR 52.420(c) also apply

to the 1997 fine particulate matter

NAAQS.

§1 10(a)(2)(E)(ii) (ii) requirements that the state The requirements of § I 10(a)(2)(E)(ii)

comply with the requirements are not applicable to Delaware becauserespecting state boards under it does not have any board or bodysection 128, and which approves air quality permits or

enforcement orders.

§l10(a)(2)(E)(iii) (iii) necessary assurances that, The requirements of’l 10(a)(2)(E)(iii)

where the state has relied on a local are not applicable to Delaware

or regional government, agency, or because it does not rely on localities

instrumentality for the for specific SIP impl’ementation.implementation of any plan

provision, the state hasresponsibility for ensuring adequate

implementation of such plan

provision;

§il0(a)(2)(F) Require, as may be prescribed by §1 l0(a)(2)(F)(i): Specific monitoring 40 CFR 52.420(c)

the Administrator— requirements are found throughout the

State of Delaware Regulations

(i) the installation, maintenance, Governing the Control of Air

and replacement of equipment, and Pollution, to include Regulation No. 17

•

. the implementation of other and Regulation 3. These requirements

necessary steps by owners or are included in Delaware’s SIP, asoperators ofstationary sources to necessary.

monitor emissions from suchsources, §1 l0(a)(2)(F)(ii): Specific emissions

.. - reporting requirements are found ( n) periodic reports on the nature

. . throughout the State of Delaware and amounts of emissions and - - Regulations Governing the Control of

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in the source monitoring, source testingand test methods, and recordkeeping

and reporting provisions of

Regulations 12, 23, 24, 26, 31, 37, 39,40, 41, 42, and others in the approved

Delaware SIP 40 CFR 52420(c), as

well as recently subniittedregulatoiy

SIP revisions discussed under section

11 0(a)(2)(A) above.

These regulations in Delaware’sapproved SIP that are listed in 40 CFR52.420(c) also apply to the 1997 fineparticulate matter NAAQS.

§ilO(a)(2)(G) Provide for authority comparable to State of Delaware Regulations 40 CFR 52.420(c)

that in section 303 and adequate Governing the Control of Air

contingency plans to implement Pollution, Regulation 15, Air Pollution

such authority, Alert and Emergency Plan, contains

emergency episode plan provisions thatare currently approved in the SIP, andfound at 40 C.F.R. 52.420(c), that

fulfill the contingency plan

requirement for the 1997 ozone

NAAQS.

§110(a)(2)(I) In the case of a plan or plan Part D pertains to general 40 CFR 52.420(c)

revision for an area designated as a requirements for nonattainmentnonattainment area, meet the areas. All of Delaware is in theapplicable requirements of part D Philadelphia-Wilmington-(relating to nonattainment areas); Atlantic City ozone

. nonattainment area. New

Castle County is in thePhiladelpbia-Wilmington-DE

PA-NJ PM2nonattainrnentarea.

On June. 13, 2007 Delawaresubmitted SIP revisions - pertaining to the base yearinventory, REP plan and

. attainment demonstration for

tue Philadelphia-Wilmington

Atlantic City ozone

nonattainment area andsubmitted the RACT SIP on

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The pertinent emission

limitations and schedules are

contained in these submitted

plans.

The regulations in Delaware’s

approved sr that are listed in

40 CFR Part 52, Subpart I

related to nonattainment areas

will continue to comply withSubpart D requirements and

which could not have been

approved if they had not met

Subpart D requirements.

§I1O(a)(2)(J) Meet the applicable requirements Delaware’s PSD requirements are

(PSI)) of... part C (relating to prevention promulgated in Regulation No. 25,

ofsignificant deterioration of air Preconstruction Review, of the State ofquality and visibility protection); Delaware Regulations Governing the

Control of Air Pollution.

2.0 SIP Revision

This SIP revision addresses those requirements of Section 1 1O(a)(2)(A)-(M) of the Clean

Air Act (CAA) which have not been addressed in other SIP revisions. Each of the

requirements of § 11 O(a)(2) of the CAA (Subparagraphs A—M) is presented below, along

with a discussion of Delaware’s plan revision to meet the requirement.

(A) §11O(a)(2)(A) Requirement: Include enforceable emission limitations and other

control measures, means, or techniques (including economic incentives such as

fees, marketable permits, and auctions of emissions rights), as well as schedules

and timetables for compliance, as may be necessary or appropriate to meet the

applicable requirements of this Act.

Delaware’s Plan: Delaware has established laws and regulations that includeenforceable emissions limitations and other control measures, means or

techniques, as well as schedules and timetables for compliance to meet theapplicable requirements of the CAA. Delaware may make changes to its laws and

regulations that it believes in its discretion are appropriate, while continuing tofulfill this obligation.

S
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(B) §11O(a)(2)(B) Requirement: Provide for establishment and operation of

appropriate devices, methods, systems, and procedures necessary to (i) monitor,compile, and analyze data on ambient air quality, and (ii) upon request, makesuch data available to the Administrator.

Delaware’s SIP already contains other elements, namely, 7 DE Admin. Code

11032, Ambient Air Quality Standards, and 7 DE Admin. Code ill 7 of the State

of Delaware Regulations Governing the Control of Air Pollution addressing

§ 11 0(a)(A), as discussed in the section 1.0 and the table thereto of this document.

Delaware’s Plan: Delaware has established and currently operates appropriate

devices, methods, systems and procedures necessary to monitor, compile andanalyze data on ambient air quality, and upon request, makes such data availableto the Administrator. Delaware will continue to operate devices, methods,

systems and procedures and may makes changes that it believes in its discretionare appropriate, while continuing to fulfill this obligation. At present, Delawaredoes this as follows for both the 1997 ozone and fine particulate matter NAAQS:• Delaware maintains and operates a multi*station network of ambient monitors

throughout the State to measure ambient air quality levels within Delaware for

comparison to each NAAQS as required by 40 .CFR Part 58. Seasonal (April

October) ozone, and daily PM2.5 monitoring is currently performed at

various locations throughout Delaware.

• All data is measured using U.S. EPA approved m ethods as either Reference

or Equivalent monitors; all monitors are subjected to the quality assurance

requirements of 40 CFR Part 58; Appendix A; and all samplers are located at

sites that have met the minimum siting requirements of Part 58, Appendix B.

The data is submitted to the EPA’s Air Quality System (AQS) system, in atimely maimer in accordance to the scheduled prescribed by the U.S. EPA in

40 CFRPart58.

• In order to keep EPA informed of changes to the sampling network DNREC

provides EPA Region 111 with prior notification of any planned changes to the

2 All of the State of Delaware “Regulations Governing the Control of Air Pollution” have been re-coded

under 7 DE Admin Code 1100, effective September 11, 2008. This recoding was submitted to the EPA as

a SIP on June 15, 2009, but has not yet been approved into the DE SIP. Delaware’s control requirementsae cited in Section 2 in the new format. For example, “Regulation 31” is cited as “7 DE Admin Code

1131’’.

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prescribed by the EPA in 40 CFR Part 58.

• Delaware has and will continue to submit data to EPA’s Air Quality System

(“AQS”) in a timely manner in accordance to the scheduled prescribed by the

U.S. EPA in 40 CFR Part 58.

(C) §1 1O(a)(2)(C) Requirement: Include a program to provide for the enforcement of

the measures described in subparagraph (A), and regulation of the modification

and construction of any stationary source within the areas covered by the plan

as necessary to assure that national ambient air quality standards are achieved,

including a permit program as required in parts C and D.

For the 1997 ozone and 1997 PM2.5NAAQS, Delaware’s ozone and PM2.5 SIPs

already contains the other elements addressing §1 10(a)(C) as discussed in thesection 1.0 and the table thereto of this document.Delaware’s Plan: Delaware has established and cunently operates a program to

provide for the enfQrcement of the enforceable emission limitations and other

control measures, means, or techniques, as well as schedules and timetables for

compliance, as may be necessary or appropriate to meet the applicable

requirements ofthe CAA and to regulate the modification and construction of any

stationary source within areas covered by its SIP as necessary to assure the

NAAQS are achieved, including permit programs required in parts C and D. At

present, Delaware as part of its Air Quality Management Section function

exercises its programmatic authority to utilize the enforement powers set out in 7

Del. C. §6005 entitled “Enforcement; civil and administrative penalties;

expenses”; 7 Del. C. §6013 entitled “Criminal penaities”; and 7 Del. C. §6018

entitled “Cease and desist order.” Delaware will continue to operate this programand may makes changes that it believes in its discretion are appropriate, while

continuing to fulfill this obligation.

(D)1 1O(a)(2)(D) Requirement: Contain adequate provisions (i) prohibiting,

consistent with the provisions of this title, any source or other type of emissions

activity within the State from emitting any air pollutant in amounts which will - (I)

contribute significantly to non-attainment in, or interfere with maintenance by,any other State with respect to any such national primary or secondary ambient

air quality standard, or (II) interfere with measures required to be included in theapplicable implementation plan for any other State under part C to prevent

significant deterioration of air quality or to protect visibility, (ii) insuring

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of air quality or which have to date proved adequate to protect visibility and toaddress interstate and international pollutant abatement; however, Delaware may

make changes that it believes in its discretion are appropriate, while continuing tofulfill this obligation. At present, Delaware’s legal authority is contained in thefollowing:

11 O(a)(2)(D)(i)(I): Major stationary sources for 1997 8-hour ozone and PM25

are currently subject to Nonattainment New Source Review NNSR) andPrevention of Significant Deterioration (PSD) permitting programs under the

PSD and EOP provisions of 7 DE Admin. Code 1125, Preconstruction

3 § 126(a) -Each plan shall (I) require each major proposed new or modified source (A) subject to Part C

or (D) which may significantly contribute to pollution in excess of the NAAQS in any AQCR outsidethe State in which such source intends to locate or modify, to provide written notice to all nearbyStates the pollution levels of which may be affected by such source 60 days prior to the date on which

commencement of construction is to be permitted by the State, and (2) identify all major existingstationary sources which may have the impact described in (1) with respect to new or modified sourcesand provide notice to all nearby States of the identity of such sources. (b) Any State may petition EPAfor a finding that any major source or group of stationary sources emits or would emit any pollutant in

violation of the prohibition of § 11 0(a)(2)(D)(ii) or this section. (c) Notwithstanding any permit whichmay have been granted by the State, it shall be a violation of this section and the plan - (1) for any

major proposed new or modified source with respect to which a finding has been made undersubsection (b) to be constructed or to operate in violation of this section and the prohibition of

§l10(a)(2)(D)(ii) or this section, or (2) for any major existing source to operate more than 3 months

after such finding has been made. EPA may permit the continued operation of a source beyond theexpiration of the 3-month period if the source complies with the emission limitations and complianceschedules as may be provided by EPA to bring about compliaiIce with the requirements of

§1 l0(a)(2)(D)(ii). Nothing shall be construed to preclude any such source from being eligible for an

enforcement order under § 113(d) after the expiration of such period during which EPA has permittedcontinuous operation.

4 § 11 5(a) - Whenever EPA, upon receipt of reports, surveys or studies from any duly constituted

international agency has reason to believe that any pollutants emitted in the US cause or contribute to

pollution which may reasonably be anticipated to endanger public health or welfare in a foreigncountry or whenever the Secretary of State requests it to do so, EPA shall give formal notification to

the Governor of the State in which such emissions originate. (b) The EPA notice shall be deemed to be

a finding under § 11 0(a)(2)(H)(ii) which requires a pl4n revision with respect to so much of theapplicable plan as is inadequate to prevent or eliminate the endangerment. Any foreign country so

affected by such emission of pollutants shall be invited to appear at any public hearing associated withany revision of the appropriate portion of the applicable plan. (c) This section shall apply only to a

foreign country which EPA determines has given the US the same rights with respect to the prevention

or control of air pollution occurring in that country. (d) Recommendations issued following anyabatement conference conducted prior to CAA 1977 shall remain in effect with respect to any pollutant

for which no NA.AQS has been established under § 109 unless EPA, after consultation with allagencies, which were party to the conference, rescinds any such recommendation.

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the process, of being submitted to the EPA as revisions to Delaware’s SIP.

I 1O(a)(2)(D)(i)(I1): PSD requirements under Section 3 of 7 DE Admin. Code

1125, of the State of Delaware Regulations Governing the Control of Air

Pollution. Major sources are subject to NNSR and PSD permitting programsimplemented in accordance with EPA’s interim guidance calling for use of

PM10 as a surrogate for PM2.5related to the non-attainment and PSD NSRprogram requirements.

• The State of Delaware confirms that it is meeting this requirement for the use

of PM10 as a surrogate for PM2.5in the PSD program.

• Delaware’s Visibility SIP assessed and demonstrated that Delaware has met

Best Available Retrofit Technology and Reasonable Further Progress (RFP)

goals, and thus did not interfere with measures required to be included in theapplicable implementation plan for any other State to protect visibility.

• lIO(a)(2)(D)(ii): Nothing in Delaware’s statutory or regulatory authority

prohibits or otherwise interferes with Delaware’s ability to exercise sections

126 and 115 ofthe CAA.

(E) 11O(a)(2)(E) Requirement: Provide (i) necessary assurances that the state (or,

except where the Administrator deems inappropriate, the general purpose localgovernment or governments, or a regional agency designated by the state or

general purpose local governments for such purpose) will have adequatepersonnel, funding, and authority under state (and, as appropriate, local) law tocarry out such implementation plan (and is not prohibited by any provision of

federal or state law from carrying out such implementation plan or portion

thereof), (ii) requirements that the State comply with the requirements respecting

State boards under section 128,6 and (iii) necessary assurances that, where the

5 Now codified under regulation 1125 in the Title7 -Department of Natural Resources and

Environmental Control of Delaware’s Administrative Code.

6 § 128 (a) each plan shall contain requirements that - (1) any board or body which approves permits or

enforcement orders shall have at least a majority of members who represent the public interest and do

not derive any significant portion of their income from persons subject to permits or enforcement

orders, and (2) any potential conflicts of interest by members of such board or body or the head of anexecutive agency with similar powers be disclosed. A State may adopt any requirements respecting

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Delaware assures EPA that it has adequate authority under state law pursuant to7 Del. C. Chapter 60 to carry out its SIP obligations with respect to both the 1997

8-hour ozone and the 1997 fine particulate (PM25)NAAQS. DNREC does not

believe that there is any prohibition in any federal or state law that would prevent

it from carrying out its SIP or any portion thereof. Further, DNREC assures EPA

that it has, through the State of Delaware General Fund and through the Title Vfee program, and will continue to have, funding to carry out its SIP obligations.

Further, DNREC believes its funding sources are sufficient to provide adequate

personnel for those purposes; however, Delaware may makes changes that it

believes in its discretion are appropriate, while continuing to fulfill this

obligation.

At present Delaware fulfills this obligation by virtue of having adequate

personnel and funding through the CAA § 105 grant process (federal grant funds),the State of Delaware general fund (state tax revenues), and appropriated special

funds collected by the State of Delaware from application fees, permit fees,

renewal fees, and civil or administrative penalties or fines. Delaware does not

anticipate the need for additional resources beyond those to be appropriated in the

above manner to carry out its SIP requirements.

(F) §11O(a)(2)(F) Requirement: Require, as may be prescribed by the Administrator -

(i) the installation, maintenance, and replacement of equipment, and theimplementation of other necessary steps, by owners or operators of stationary

sources to monitor emissions from such sources, (ii) periodic reports on the nature

and amounts of emissions and emissions-related data from such sources, and (iii)

correlation of such reports by the State agency with any emission limitations orstandards established pursuant tà this Act, which reports shall be available at

reasonable times for public inspection.

For the 1997 ozone and 1997 PM2.5NAAQS, Delaware’s SIPs already contains

the other elements addressing §‘l 10(a)(F)(i) and (ii) as discussed in the section

1.0 and the table thereto of this document.

Delaware’s Plan: Delaware requires that owners or operators of stationary

sources monitor and submit periodic reports on the nature and amounts ofemissions and emissions related-date emissions from the sources. This may

conflicts of interest for such boards or bodies or heads of executive agencies, or any other entitieswhich are more sthngent than the requirements of(1) and (2).

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Del. C. Chapter 100, Delaware makes all records, 

p

or information 

by the Department or referred to at public hearings available to the public

pursuant to the provisions of the Delaware Freedom of Information Act, 29 Del.

Chapter 100.

(G) §11O(a)(2)(G) Requirement: Provide for authority comparable to that in section

303 and adequate contingency plans to implement such authority; 7

Delaware’s SIP contains an emergency episode plan for ozone as discussed in the

section 1.0 and the table thereto of this document. For the 1997 fine particulate

(PM25)NAAQS, the emergency episode plan will be updated as required by EPA.Delaware’s Plan: Delaware has authority comparable to that in section 303 andadequate contingency plans to implement such authority but may makes changes

that it believes in its discretion are appropriate, while continuing to fulfill this

obligation.7 Del. C. § 6003(a)(l) requires a permit from the Secretary prior to dischargingany air contaminant. 7 Del. C. § 6002(2) defines air contaminant essentially as

any substance other than uncombined water. 7 Del. C. § 6005 allows the

Secretary to seek a preliminary or permanent injunction or temporary restraining

order for any discharge of an air contaminant without a permit, and issue cease

and desist orders for violations (7 Del. C. § 6018). Thus, it necessarily follows

that any discharge of an air contaminant that would cause imminent & substantial

endangerment to the health, safety and welfare of the people of the State of

7 Sec. 303- Notwithstanding any other provisions of this Act, the Administrator upon receipt of evidence

that a pollution source or combination of sources (including moving sources) is presenting an

inuninent and substantial endangerment to public health or welfare, or the environment, may bring

suit on behalf of the United States in the appropriate United States District court to immediatelyrestrain any person causing or contributing to the alleged pollution to stop the emission of air

pollutants causing or contributing to such pollution or to take such other action as may be necessary.

If it is not practicable to assure prompt protection of public health or welfare or the environment

by commencement of such a civil action, the Administrator may issue such orders as may benecessary to protect public health or welfare or the environment. Prior to taking any action underthis section, the Administrator shall consult with appropriate State and local authorities and attempt to

confirm the accuracy of the information on which the action proposed to be taken is based. Any

order issued by the Administrator under this section shall be effective upon issuance and shall remain

in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to

the first sentence of this section before the expiration of that period. Whenever the Administratorbrings such an action within the 60-day period, such order shall remain in effect for an additional 14days or for such longer period as may be authorized by the court in which such action is brought.

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(

)(

)

available to the Administrator that the plan is substantially inadequate to attainthe national ambient air quality standard which it implements or to otherwise

comply with any additional requirements established under this Act.Delaware’s Plan: Delaware will review and revise its SIP from time to time asmay be necessary to take account of revisions of such primary or secondary

NAAQS or the availability of improved or more expeditious methods of attaining

such standard and whenever the Administrator finds on the basis of information

available to the Administrator that the plan is substantially inadequate to attain the

NA.AQS which it implements or to otherwise comply with any additionalrequirements established under the CAA.

(I) §11O(a)(2)(t) Requirement: In the case of a plan or plan revision for an area

designated as a non-attainment area, meet the applicable requirements ofpart D (relating to non-attainment areas).

For the 1997 ozone and 1997 PM2.5 NAAQS, Delaware’s SIPs or recent SIPrevisions already contain other elements addressing § 11 0(ã)(I) as discussed in thesection 1.0 and the table thereto of this document.

(J) §11O(a)(2)(J) Requirement: Meet the applicable requirements of section 121

(relating to consultation), section 127 (relating to public notification), and part C(relating to prevention of significant deterioration of air quality and visibility

protection). 8Delaware’s Plan: Delaware will meet the applicable requirements ofsection 121

(relating to consultation), section 127 (relating to public notification), and part C

8 §121, - In carrying out requirements for plans to contain -(1) any transportation controls, air quality maintenance

plan requirements or preconstruction review of direct sources of pollution, or (2) any measure referred to - (A) in

part D), or (B) in part C, and in carrying out the requirements of *113(d), the State shall provide a satisfactoryprocess of consultation with general purpose local governments, designated organizations of elected officials oflocal governments and any FLM having authority over Federal land to which the State plan applies. Such process

shall be in accordance with regulations promulgated by EPA. Only a general purpose unit of local government,regional agency, or council of governments adversely affected by action of EPA approving any portion of a planmay petition for judicial review.§ 127. (a) - Each plan shall contain measures to regularly notify the public of when any NAAQS is exceeded or

was exceeded during the preceding year, to advise the public of health hazards associated with such pollution, and

to enhance awareness of measures which can be taken to prevent the standards from being exceeded and ways in

which the public can participate in regulatory and other efforts to improve air quality.

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between DNREC, DELDOT, and the Metropolitan Planning Organizations(MPOs). The MPOs provide the forum for consultation with local

governments. Delaware’s MPOs are: (1) WILMAPCO, Kent County MPO,and the Salisbury-Wicomoco Iv[PO, Regional planning organizations providethe forum for inter-state consultations. Additionally, consultations with

Federal Land Managers are always on-going in accordance with EPA Rules.

All SIP revisions undergo public notice and hearing which have allowed forcomment by the public which includes local political subdivisions. Delaware

believes the public notice and hearing processes also fulfills the section 121

consultation process. The submitted attainment plans and regulations in theapproved Delaware SIP specify the organizations responsible for

implementing and enforcing the plans.

• DNREC makes real-time and historical air quality information available on its

Web site. All relevant SIPs and plans to achieve the NAAQS contain public

notification provisions related to air monitoring levels such as Ozone Action

Days, Air Quality Action Days, and DNREC’s website. DNREC provides

extended range air quality forecasts, which give the public advanced notice of

air quality events. This advance notice allows the public to limit theirexposure to unhealthy air and enact a plan to reduce pollution at home and at

work. DNREC forecasts daily ozone and particle levels and issues e-mails tothe public, businesses and the media via AirAlerts. AirAlert e-mail forecasts

and notifications are free to the public.

For the 1997 ozone and PM2.5 NAAQS, Delaware’s SIPs already contains theother elements addressing §1 l0(a)(J) as discussed in the section 1.0 and the tablethereto of this document.

(K) §11 O(a)(2)(K) Requirement: Provide for - (i) the performance of such air quality

modeling as the Administrator may prescribe for the purpose of predicting theeffect on ambient air quality of any emissions of any air pollutant for which theAdministrator has established a national ambient air quality standard, and (ii) thesubmission, upon request, of data related to such air quality modeling to the

Administrator.

9 Regulation 1132 was submitted as a revision to the Delaware SIP in a separate submittal.

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relevant SIP submissions and through federal grant commitments or in other waysthat EPA may request.

(L) §11O(a)(2)(L) Requirement: Require the owner or operator of each major

stationary source to pay to the permitting authority, as a condition of any permit

required under this Act, a fee sufficient to cover - (i) the reasonable costs of

reviewing and acting upon any application for such a permit, and (ii) if the owner

or operator receives a permit for such source, the reasonab]e costs ofimplementing and enforcing the terms and conditions of any such permit (notincluding any court costs or other costs associated with any enforcement action),

until such fee requirement is superseded with respect to such sources by the

Administrator’s approval of a fee program under Title V.

Delaware’s Plan: In a manner consistent with Delaware law, Delaware will

continue to require the owner or operator of each major stationary source to pay to

the permitting authority, as a condition of any permit required under this Act, afee sufficient to cover (i) the reasonable costs of reviewing and acting upon any

application for such a permit, and (ii) if the owner or operator receives a permit

for such source, the reasonable costs of implementing and enforcing the terms and

conditions of any such permit (not including any court costs or other costsassociated with any enforcement action), until such fee requirement is superseded

with respect to such sources by the Administrator’s approval of a fee program

under title V pursuant to Delaware law. Delaware currently fulfills this under the

enabling authority of 7 Del. C. §S 6095 to 6099 and fee legislation that currently

is renewed every three years. Delaware has a fully approved Title V operating

permits program. See paragraphs (b) and (c) under “Delaware” in Appendix A to

40 CFR Part 70—Approval Status of State and Local Operating Permits

Programs. Delaware may make changes that it believes in its discretion are

appropriate, while continuing to fulfill this obligation.

(M) §11O(a)(2)(M) Requirement: Provide for consultation and participation by local

political subdivisions affected by the plan.

Delaware’s Plan: Delaware will continue to provide for consultation and

participation by local political subdivisions affected by the SIP pursuant to thepublic notice laws found in 7 Del. C. § 6006 and 6010 and 29 Del. C. Chapters

10003, 10004 and 10115, as applicable. Furthermore, all SIP revisionsundergo

public notice and hearing which have allowed for comment by the public which

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