STATE OF DELAWARE

DEPARTMENT OF NATURAL RESOURCES

AND ENVIRONMENTAL CONTROL

89 KINGS HIGHWAY

DOVER, DELAWARE 19901

Office of the

Secretary

Phone: (302) 739-9000

Fax: (302) 739-6242

October 17, 2011

Mr. Shawn M. Garvin (3RA00)

Regional Administrator

U. S. Environmental Protection Agency

Region III

1650 Arch Street

Philadelphia, PA 19103-2029

Dear Mr. Garvin:

I am pleased to submit the enclosed revision to the State of Delaware State 

Implementation Plan (SIP) to address the implementation, maintenance, and enforcement of the 

2008 revised Lead (Pb) National Ambient Air Quality Standard (NAAQS). On October 15, 

2008, the Environmental Protection Agency (EPA) revised the primary and secondary lead 

National Ambient Air Quality Standard (NAAQS) from 1.5 micrograms per cubic meter (μg/m) 

to 0.15 μg/m3. Pursuant to sections 110(a)(1) and 110(a)(2) of the Clean Air Act (CAA), each 

State is required to submit a State Implementation Plan (SIP) to provide for the implementation, 

maintenance, and enforcement of a newly promulgated or revised NAAQS. This SIP fulfills 

this requirement relative to the 2008 lead NAAQS. This revision is effective October 14, 2011.

The requirements of the CAA Section 110(a)(2)(A) have been met through the normal public 

hearing process established by the State of Delaware with proper notification (30 days) prior to the 

convening of the public hearing. Attachments A and B are copies of affidavits as proof of proper 

notification. It is the position of the State of Delaware that all minimum requirements set forth in the 

1990 Clean Air Act Amendments have been met.

We look forward to continuing the cooperative effort between Delaware and EPA in this 

important work. As always, feel free to contact me or Ali Mirzakhalili, Director, Division of Air 

Quality, (302) 739-9402, if you have any questions concerning the enclosed documents.

Sincerely,

Collin P. O’Mara

Secretary

Enclosures

cc: Amie Howell, EPA w/o encl.

Diana Esher, EPA w/encl.

Ali Mirzakhalili
Implementation, Maintenance, 

And Enforcement of 

National Ambient Air Quality 

Standards (NAAQS) 

State Implementation Plan Revision to 

address the Clean Air Act Section 110 

Infrastructure Elements For the 

2008 Lead NAAQS 

October 14,2011 

Delaware Department of Natural Resources and 

Environmental Control, Division of Air Quality 
TABLE OF CONTENTS 

1.0 Introduction and Background ............................................................................ 3 

2.0 SIP Revision ................................................. ................................ ....... ............. . 9 

3.0 Conclusion . . . . . .................................................................................. ...... .......... 19 

2 
1.0 Preamble, Introduction and Background 

On October 15, 2008, the Environmental Protection Agency (EPA) revised the primary 

and secondary lead National Ambient Air Quality Standard (NAAQS) from 1.5 

micrograms per cubic meter (J-lg/m) to 0.15 J-lg/m3. Pursuant to sections 1 10(a)(I) and 

1 10(a)(2) of the Clean Air Act (CAA), each State is required to submit a State 

Implementation Plan (SIP) to provide for the implementation, maintenance, and 

enforcement of a newly promulgated or revised NMQS. This SIP fulfills this 

requirement relative to the 2008 lead NAAQS. 

A SIP is a state plan that identifies how that state will attain and maintain air quality that 

conforms to each primary and secondary NAAQS. The SIP is a complex, fluid document 

containing regulations, source-specific requirements, and non-regulatory items such as 

plans and emission inventories. 

Delaware's initial SIP was approved by the EPA on May 31, 1972. Since this initial 

approval, 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 requircments. Delaware's SIP is compiled 

in the Code of Federal Regulations 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 mects all of the necessary implementation, 

maintenance, and enforcement measures required by the CAA, specifically, CAA 

§1 10(a)(2), relative to the 2008 lcad NAAQS. 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 10(a)(2)(i\)-(M) of the CAA which have not been addressed in 

other SIP revisions. It is a compilation of certain elements that describe how Delaware 

demonstrates how the· 2008 lead NAAQS is being implemented, maintained and 

enforced. The clements of this SIP revision, once approved by EPA, will provide a 

federally enforceable written confirmation that Delaware will continue to comply with 

the Section 1 10(a)(2) requirements of the CAA. 

Legislative authority for the Delaware air quality program relating to the responsibilities 

in 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 Department of Natural Resources and Environmental Control (DNREC) the 

power and duty to implement the provisions of the CAA ill the State of Delawarc. 

Many of the miscellaneous requirements of Section 1 10(a)(2)(A)-(M) of the CAA 

relevant to the 2008 lead NAAQS are already contained in Delaware's SIP. The 

following Table identifies those SIP provisions. The following Table also identifies 

those infrastructure requirements which are not applicable to Delaware. 

I Referred to in this document as "7 Del.!:;." followed by the specific section citation (e.g., §6005). 

3 
Tuhle - 110(a)(1)(A)-(M) Requirements Already Addre.\·l·ed ill the Delaware SIP 

Where 

Provisions in the Current Codified or 

Section 1I0(a) Delaware SIP or recent SIP approved by 

element Summary of clement revisions Submittals EPA 

§110(a)(2)(A) Include enforceable emission For the 2008 lead NAAQS, the 40 CrR 52.420(c) 

limitations and other control following emission limitations and 

measures, means, or techniques schedules arc contained in Delaware's 

(including economic incentives approved SIP. 

such as fees, marketable permits. • 7 DE Admin. Code 110 I " Definitions 

and auctions of emissions rights), And Administrative Principles 

as well as schedules and timetables • 7 DE Admin. Code 1104, Particulate 

for compliance as may be Emissions From Fuel Burning 

necessary or appropriate to meet Equipment 

the applicable requirements of this • 7 DE Admin. Code 1105, Particulate 

Act. Emissions From Industrial Process 

Operations 

• 7 DE Admin. Code 1 107, Emissions 

From Incineration Of Noninfectious 

Waste 

• 7 DE Admin. Code 1114, Visible 

Emissions 

• 7 DE Admin. Code 1127, Stack 

Heights 

§11O(a)(2)(8) Provide for establ ishment and 7 DE Admin. Code 1103, Ambient Air 40 CFR 52.420(c) 

operation of appropriate devices, Quality Standards, provides for the 

methods, systems, and procedures establ ishment and operation of 

necessary to - (i) monitor, procedures necessary to monitor� 

compile, and analyze data on compile and analyze data related to 

ambient air quality, and (ii) upon ambient air quality. 

request, make such data 

available to the Administrator. 

§J10(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 

described in subparagraph (A) and requirements under 7 DE Admin. Code 

regulation of the modification and 1102 and 1125. These existing 

construction of any stationary permitting programs ensure that the 

source within the areas covered by construction and modification of both 

the plan as necessary to assure that major and minor stationary sources do 

national ambient air quality not cause or contribute to a violation of 

standards are achieved, including a the lead NAAQS. 

pemlil program as required in parts 

C and 0;. 7 DE Admin. Code 1125 tilltills parts C 

and D of Title I of the CAA; governing 

preconstruct ion review and permittino of 

2 Delaware's air quality regulations are codified in Delaware's administrative code, a Title 7 Natural 

Resources and Environmental Control, 1100 Air Quality Management Section. Citations are expressed in 

this document as "7 DE Admin. Code" followed by the specific subpart of 1 100. All portions of the DE 

Admin. Code referred to in this document arc already included in Delaware's SIP. 

4 
any new or modilied major stationary 

sources of air pollutant.s. 1125 is 

approved in the DE SIP. Under 1125 

any major source or modification that 

results in a net significant increase of 

lead (0.6 T I'Y or greater) must apply 

Best Available Control Technology 

(BACT) to reduce lead emissions, and 

must demonstrate that its emissions will 

not cause the violation of any NAAQS. 

7 DE Admin. Code I 102 provides for 

the evaluation and necessary regulation 

of any stationary source that emit equal 

to or greater than 0.2 Ib of any air 

contaminate, including lead, in any one 

day. 

In addition, the measures described in 

CAA II 0(a)(2)(A) are enforced, in part, 

through permits issued pursuant to 1102 

and 1125. 

§11O(a)(2)(E)(ii) (ii) requirements that the state The requirements of § II 0(a)(2)(E)(ii) 

comply with the requirements arc not applicable to Delaware because it 

respecting stllte boards under does not have any board or body which 

section 128, and approves air quality permits or 

enforcement orders. 

§110(a)(2)(E)(iii) (iii) necessary assurances that, The requirements of § I 10(a)(2)(E)(iii) 

where the state has relied on a local are not "pplicable to Delaware because 

or regional govemment� agency, or it does not rely on localities for specific 

instrumentality for the SIP implementation. 

implementation of any plan 

provision, the state has 

responsibility for ensuring adequate 

implementation of such plan 

provision; 

§I\O(a)(2)(F) Require, as may be prescribed by § II 0(a)(2)(F)(i): Specific monitoring 40 CFR 52.420(c) 

the Administrator- requirements are found in 7 DE Admin. 

Codes 1103 and 1117. These 

(i) the installation, maintenance, requirements are included in Delaware's 

and replacement of equipment, and SIP. 

the implementation of other 

necessary steps by owners or § II 0(a)(2)(F)(ii): Specific reporting 

operators of stationary sources to requirements are found in 7 DE Admin. 

monitor emissions from such Codes 1103 and 1117. These 

sources, requirements are included in Delaware's 

(ii) periodic reports on the naturc 

SIP. 

and amounts of emissions and These regulations in Delaware's emissions-related data from such 

sources, and approved SIP that are listed in 40 CFR 

52.420(c) also apply to the 2008 lead 

(iii) correlation of such reports by NAAQS. 

the state agency with any emission 

limitations or standards established 

pursuant to this Act, which reports 

5 
shall be available at reasonable 

times Ii" public inspection; 

§110(a)(2)(G) Provide for authority comparable to 7 DE Admin. Code 1115, Air Pollution 40 CrR 52.420(c) 

that in section 303 and adequate Alert and Emergency Plan, contains 

contingency plans to implement emergency episode plan provisions that 

such authority; arc currently approved in Delaware's 

SIP. 

§ II 0(8)(2)(1) In the case of a plan or plan Part D pertains to general 

revision for an area designated as a requirements for nonattainment 

nOll3ttainmcnt area, meet the areas. This does not apply 

applicable requirements of pan D because no pan of Delaware is 

(relating to nonattainmcnt areas); designated nonattainmcnt for the 

2008 lead NAAQS. 

§110(a)(2)(J) Meet thc applicable requirements Delaware's PSI) requirements arc 40 CFR 52.420(c) 

of ... pan C (relating to prevention promulgated in 7 DE Admin. Code 

of significant deterioration of air 1125, Preconstruct ion Review. 

quality and visibility protection); 

2.0 SIP Revision 

This SIP revision addresses those requirements of Section 110(a)(2)(A)-(M) of the Clean 

Air Act (CAA) which havc not been addressed in other SIP revisions for the 2008 lead 

NAAQS. Each of the requirements of § 1 10(a)(2) of the CAA (Suhparagraphs A-M) is 

presented below, along with a discussion of Delaware's plan revision to meet the 

requirement. 

(A) §IIO(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 include 

enforceable emissions limitations and other control measures, means or 

techniques, as well as schedules and timetables for compliance to meet the 

applicable requirements of the CAA, to include the requirements a�sociated with 

the 2008 lead NAAQS. Delaware may make changes to its laws and regulations 

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

obligation. 

At present, Delaware's statutory authority is set out in Title 7 "Conservation" of 

the Delaware Code, Chapter 60 - Delaware's comprehensive water and air 

resources conservation law. Legislative authority giving the Secretary of the 

Delaware Department of Natural Resources and Environmental Control the 

authority to promulgate Regulations is codified at 7 Del. c., Chapter 60. This 

authority is applicable to the 2008 lead NAAQS. 

6 
(8) §llO(a)(2)(B) Requirement: Provide for cstablishment and operation of 

appropriate devices, methods, systems, and procedurcs necessary to (i) monitor, 

compile, and analyze data on ambient air quality, and (ii) upon request, make 

such data available to the Administrator. 

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

devices, methods, systems and procedures necessary to monitor, compile and 

analyze data on ambient air quality, and upon request, makes such data available 

to the Administrator. Delaware will continue to operate devices, methods, 

systems and procedures and may makes changes that it believes in its discretion 

are appropriate, while continuing to fulfill this obligation. At present, Delaware 

does this as follows for the 2008 lead NAAQS: 

• Delaware maintains and operates a multi-station network of ambient monitors 

throughout the State to measure ambient air quality levels within Dela","are for 

comparison to each NAAQS as required by 40 eFR Part 58. Delaware 

currently measures and reports lead concentrations from our monitoring site 

located in Wilmington ncar MLK I3oulevard. 

• All data is measured using U.S. EPA approved methods as either Reference or 

Equivalent monitors; all monitors are subjected to the quality assurance 

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

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

The data is submitted to the EPA's Air Quality System (AQS) system, in a 

timely manner in accordance to the scheduled prescribed by the U.S. EPA in 

40 eFR Part 58. 

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

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

network. As needed, dctails of these changes and anticipated approvals of the 

changes are communicatcd to EPA On an annual basis, Delaware sends EPA 

a monitoring network plan as required by 40 eFR Part 58 Section 10: Annual 

monitoring network plan and periodic network assessment. This plan contains 

all required information including site and monitor description, analysis 

methods, operating schedule, monitoring objectives and scale of 

representativeness, as well as information on any planned changes. Delaware 

submits data to the AQS system, in a timely manner, pursuant to the schedule 

prescribcd by the EPA in 40 eFR 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 eFR Part 58. 

(C) §110(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 arc achieved, 

including a permit program as requircd in parts e and D. 

7 
Delaware's Plan: Delaware has established and currently operates a program to 

provide for the enforcement 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 of the 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 Division of Air Quality function exercises its 

programatic authority to utilize the enforcement powers set out in 7 Del. C. 

§600S entitled "Enforcement; civil and administrative penalties; expenses"; 7 Del. 

k. §60J3 entitled "Criminal penalties"; and 7 Del. k. §6018 entitled "Cease and 

desist order." Delaware will continue to operate this program and may makes 

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

this obligation. 

(D) §110(a)(2)(O) 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 whieh 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 the applicable implementation plan for any other State under part C 

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

insuring compliance with the applicable requirements of sections 1263 and liS 4 

(relating to interstate and intemational pollution abatement). 

3 § I 26(a) - Each plan shall (I) require each major proposed new or modified source (A) subject to Part C 

or (D) which may signiticantly contribute to pollution in excess of the NAAQS in any AQCR outside 

the State in which such source intends to locate or modify, to provide written notice to all nearby 

States the pollution levels of which may be alTected by such source 60 days prior to the date on which 

commencement of construction is to be pcrmilled by the State, and (2) identitY all major existing 

stationar)' sources which may have the impact described in (I) with respect to new or modified sources 

and provide notice to all nearby States of the identity of such sources. (b) Any State may petition EPA 

for a finding that any major source or group of stationary sources emits or would emit any pollutant in 

violation of the prohibition of § II 0(a)(2)(D)(ii) or this section. (c) Notwithstanding any pennit which 

may have been granted by the State, it shall be a violation of this section and the phtn - (I) for any 

major proposed new or modified source with respect to which a finding has been made under 

subsection (b) to be constructed or to operate in violation of this section and the prohibition of 

§ II 0(a)(2)(IJ)(ii) or this section. or (2) for any major existing source to operate more than 3 months 

afier such finding has been made. EPA may permit the continued operation of a source beyond the 

expiration of the 3-month period if the source complies with the emission limitations and compliance 

schedules as may be provided by EPA to bring about compliance with the requirements of 

§ II 0(a)(2)(D)(ii). Nothing shall be construed to preclude any such source from being eligible for an 

enforcement order under §113(d) afier the expiration of sllch period during which EPA has pennitted 

continuous operation. 

4 §115(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 wellare in a foreign 

country 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 

8 
Delaware's Plan: Delaware's SIP presently contains adequate provIsIons 

prohibiting sources from emitting air pollutants in amounts which will contribute 

significantly to non-attainment or interfere with maintenance with any NAAQS 

and to prevent intcrference with measures related to preventing significant 

deterioration of air quality or which have to date proved adequatc to protect 

visibility and to address interstate and international pollutant abatement; however, 

Delaware may make changes that it believes in its discretion arc appropriate, 

while continuing to fulfill this obligation. At present, Delaware's legal authority 

is contained in the following: 

• 7 Del. �., § 601 O(e). Rules and regulations; plans. The Secretary may 

formulate, amend, adopt and implement, aller public hearing, a statewide air 

resources management plan to achieve the purpose of this chapter and comply 

with applicable federal laws and regulations. Since 11 0(a)(2)(D) is in the 

CAA, and thus a law, Delaware has the legal authority to regulate sources of 

interstate transport to areas in nonattainment, or in those areas maintaining the 

NAAQS, if they were previously nonattainmen!. 

• 110(a)(2)(D)(i)(I): The physical properties of lead prevent lead emissions 

from experiencing a significant degree of travel in the ambient air. No 

complex chemistry is needed to form lead or lead compounds in the ambient 

air; therefore, concentrations of lead are typically highest near lead sources. 

More speeif1cally, therc is a sharp decrease in lead concentrations as the 

distance from a lead source increases. According to EPA's last published 

. Latest Findings on National A ir Quality report, lead concentrations for sites 

that are not near a source of lead are approximately 10 times less than the 

typical concentrations near the source 

(hUp://ww.epa.gov/airtrends/2007/report/trends report full.pdD. An 

example of the degree to which lead concentration decreases with distance in 

ambient air is characterized in the EI' A memo Selection of Airports for the 

Airport Monitoring Study: "The Santa Monica airport monitoring study ... 

reported a three- to four-fold decrease in ambient lead concentrations over a 

distance of 80 meters between two monitors sited to evaluate the lead gradient 

downwind from the runway" 

(http://ww\\.epa.gov/otag/regs/nonroad/aviation/memo-selc-airport-monstdy.pdf). 

a linding under § II 0(a)(2)(H)(ii) which requires a plan revision with respect to so much of the 

applicable plan as is inadequate to prevent or eliminate the endangerment. Any foreign country so 

alrected by such emission of pollutants shall be invited to appear at any public hearing associated with 

any revision of the appropriate portion of the applicable plan. (c) This section shall apply only to a 

loreign 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 any 

abatement ·conference conducted prior to CAA 1977 shall remain in eflect with respect to any pollutant 

for which no NAAQS has becn established under § 109 unless EPA. afier consultation wilh all 

agencies, which were party to the conference, rescinds any such recommendation. 

9 
Accordingly, in order for a source to emit lead that may contribute 

significantly to nonattainment in, or interfere with maintcnance by, any other 

state, the source would need to be a very large source that is located in close 

proximity to state boundaries. Delaware does not have any existing sources of 

lead that are very large (i.e., none with emission greater than 0.5 TPY). In 

fact, the emission oflead from Delaware's entire point source inventory 

(2008), in the aggregate, is less than one (I) ton per year of lead, and only two 

sources (Evraz Claymont Steel and Indian River Generating Station) have 

emissions greater than 0.3 ton of lead per year (0.34 and 0.31, respectively). 

Further, even though Delaware's largest two lead emitting sources are 

relatively small, lead reductions are anticipated due to unit shut downs, and as 

a co-benefit to required mercury and sulfur dioxide reduction measures. 

All major stationary sources are subject to Prevention of Significant 

Deterioration (PSD) permitting programs under the PSD of 7 DE Admin. 

Code 1125, Preconstruetion Review. The requirements of 1125 ensure no 

new or modified lead emitting source will cause or contribute to nonattainment in any area. 

• 110(a)(2)(D)(i)(II): The requirements of CAA 110(a)(2)(D)(i)(II) are met by 

new m<\jor sources and major modifications in Delaware being subject to the 

PSD requirements which are contained in Section 3.0 of 7 DE Admin. Code 

1 125, "reconstruction Review. 

• 110(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 of the CAA. 

(E) §110(a)(2)(E) Requiremellt: Provide (i) necessary assurances that the statc (or, 

except where the Administrator deems inappropriate, the general purpose local 

government or governments, or a regional agency designatcd by the state or 

general purpose local governments for such purpose) will have adequate 

personnel, funding, and authority under state (and, as appropriate, local) law to 

carry 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 128,5 and (iii) necessary assurances that, where the 

state has relied on a local or regional government, agency, or instrumentality for. 

the implementation of any plan provision, the state has responsibility for ensuring 

adequate implementation of such plan provision. 

5 § 128 (a) each plan shall contain requirements that· (1) any board or body which approves pcnnits or enforcement 

orders shall have at Ica�1 a majority of members who represent the public interest and do not derive any significant 

portio n of their income from perso ns subject to permits or enforcement orders, and (2) any po tential conflicts of 

interest by members of such board or bod)' or the head of an executiv e agency with similar powers be disclosed. A 

State may adopt any requirements respecting conflicts of interest fo r such boards or bodies or heads of executive 

agencies, or any otht:r entities which arc more strin gent than the requirements of (I) and (2). 

10 
The elements of § 11 0(a)(2)(E)(ii) and (iii) are not applicable to Delaware as 

discussed in Section 1.0 of this document. 

Dclaware's Plan: With respect to the remaining obligations under this section, 

Delaware has adequate authority under state law pursuant to 7 Del. C. Chapter 60 

to carry out its SIP obligations with respect to the 2008 lead 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 V fee program, and will continue to have, funding to carry out its SIP 

obligations. Further, DNREC believes its funding sources arc sullicient 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 fulliIls this obligation by virtue of having adequate 

personncl and funding through the CAA § 105 /,'fant 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, pennit Iccs, 

renewal fees, and civil or administrativc penalties or lines under 7 Del. C. Chapter 

60. The Division of Air Quality is responsible for developing, implementing, and 

enforcing the SIP. Delaware does not anticipate the need for additional resources 

beyond those to be appropriated in the above manner to carry out its SIP 

requircments. 

(F) §110(a)(2)(F) Requirement: Require, as may be prescribed by the Administrator -

(i) the installation, maintenance, and replacement of equipment, and the 

implementation 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 thc State agency with any enlission 

limitations or standards established pursuant to this Act, which reports shall be 

available at reasonable times for public inspection. 

Delawarc's Plan: Delaware requires that owners or operators of stationary 

sources monitor and submit periodic reports on the nature and amounts of lead 

emissions and emissions related-date emissions from the sources. This may 

include the installation, maintenance and replacement of equipment, where 

appropriate. This infonnation submitted to DNREC is available to thc public at. 

reasonable times for public inspcction pursuant to Delaware law. Delaware will 

continue to require reporting of emissions but may makes changes that it believes 

in its discretion are appropriate, while continuing to fulliIl this obligation. 

Except as specifically exempted by thc Delaware Freedom of Infonnation Act, 29 

Del. �. Chapter 100, Delaware makes all records, reports or infonnation obtained 

II 
by the Department or referred to at public hearings available to the pub I ie 

pursuant to the provisions of the Dclaware Freedom of lnformation Act, 29 Del. 

C. Chapter 100. 

(G) . §110(a)(2)(G) Requirement: Provide for authority comparable to that in section 

303 and adequate contingency plans to implement such authority; 6 

Delaware's Plan: Delaware has authority comparable to that in section 303 and 

adequate contingency plans to implement such authority but may makes changes 

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

obligation. 

7 Del. �. § 6003(a)(I) requires a permit from the Secretary prior to discharging 

any air contaminant. 7 Dcl. �. § 6002(2) defines air contaminant essentially as 

any substance othcr than uncombined water. 7 Del. �. § 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. �. § 6018). Thus, it necessarily follows 

that any discharge of an air contaminant, including lead, that would cause 

imminent & substantial endangermcnt to the health, safety and welfare of the 

people of the State of Delaware or the environment would constitute a suflicient 

basis for the Secretary to scek an injunction or temporary restraining ordcr to halt 

the violation. 

(H) §110(a)(2)(H) Requirement: Provide for revision of such plan - (i) from time to 

time as may be necessary to take account of revisions of such national primary 

or secondary ambient air quality standard or the availability of improved or more 

expeditious methods of attaining such standard, and (ii) except as provided in 

paragraph (3)(C), whenever the Administrator finds on the basis of information 

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

the national ambient air quality standard which it implements or to otherwise 

comply with any additional requirements established under this Act. 

6 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 

imminent 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 immediately 

restrain 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 be 

necessary to protect public health or welfare or the environment. Prior to taking any action under 

this section, the Administrator shall consult with appropriate State and local authorities and anempt to 

confirm the accuracy of the infonmation on wh ich the action proposed to be taken is based. Any 

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

in efTect 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 Administrator 

brings such an action within the 60-day period, such order shall remain in cfTect for an additional 14 

days or for such longer period as may be authorized by the coun in which such action is brought. 

12 
Dclawarc's Plan: Delaware will review and revise its SIP from time to time as 

may 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 

NAAQS which it implements or to otherwise comply with any additional 

requirements established under the CAA. 

(I) §110(a)(2)(I) Requirement: In the case of a plan or plan revIsIon for an 

area designated as a non-attainment area, meet the applicable requirements 

of part D (relating to non-attainment areas). 

Delaware's Plan: This does not apply because no part of Delaware is 

designated nonattainment for the 2008 lead NAAQS. 

(J) §1 10(a)(2)(J) Requirement: Meet the applicable requirements ofseetion 121 

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

(relating to �revention of significant deterioration of air quality and visibility 

protection). 

Delaware's Pilln: Delaware will 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); but may makes changes that it believes in its discretion are 

appropriate, while continuing to fulfill this obligation. At present, Delaware docs 

so utilizing the following: 

• 7 DE Admin. Code 1 132, Transportation Conformity, provides a legal 

platform for the various consultation procedures that have been developed 

between DNREC, DELDO"]", and the Metropolitan Planning Organizations 

(MPOs). The MPOs provide a forum for consultation with local governments. 

Delaware's MPOs are: WILMAPCO, Kent County MPO, and the SalisburyWicomoco MPO. Regional planning organizations provide the forum for 

inter-state consultations. Additionally, consultations with Federal Land 

7 § 121. - In carrying out requirements lor plans to c ontain - (1) any tm.l

sportation controls, air quality maintenance 

plan requirements or prccol1structiol1 fcvi ew of direct s ources of poll ution. or (2) any mea� urc referred to - (A) in 

part D), or (U) in part C, and in c arrying out the requirements of §113(d). the Slate shall provide a satisfactory 

process of consuit,llion ''''jlh gcncmi purpose local governme nts, designated organizations of elect�d ..,mcials of 

loeal gmicrnmcnts and any FLM having authority over Federal land to which the State pl an app lie s. Such process 

shull be in acc ordanc e with regu lations promu lgated hy EPA. Only a gCileral p urp ose unit uf local government, 

regiona l agcncy, or council of govemments adversely alTeeled by (Ie tion of EPA approving any portion of a plan 

may peti tion fC.)rjudieial revi ew. 

§ 127. (a) - Each pl an shall contain measures to regularly notify the public of wh en any NAAQS is exceeded or 

was exceeded during the preceding ycar, to advisc thc pub lic of health hazards associated with sllch pollution, and 

to enhance awareness of measures which can be t akcn to prevcnt the standards from being exceeded and ways in 

whi ch the publ ic can participate in regulatOr)" and other efforts to improvc air quality" 

I3 
Managers arc on-going in accordance with EPA Rules. All SIP revisions and 

new/amended regulations undergo public notice and hearing, pursuant to 7 

Del. .c. Chapters 29 and 60, which include publication in the newspapers and 

in the Delaware Register, and which have allowed for comment by the both 

the public and local political suhdivisions. Delaware believes the public 

notice and hearing processes also fulfills the section 121 consultation process. 

The submitted attainment plans and regulations in the approved 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. 

• PSD requirements relative to the 2008 lead NAAQS are SIP approved and 

implemented through the requirements of 7 DE Admin. Code 1125, 

Preconstruction Review. 

• With regard to visibility protection, there are no new applicable visibility 

protection obligations under section I lO(a)(2)(J) as a result of the 2008 lead 

NAAQS. Delaware is complying with, and will continue to comply with the 

visibility protection and regional haze program requirements under Part C of 

the CAA. 

(K) §110(a)(2)(K) Requirement: Provide for - (i) the performance of such air 

quality modeling as the Administrator may prescribe for the purpose of 

predicting the effect on ambient air quality of any emissions of any air pollutant 

for which the Administrator has established a national ambient air quality 

standard, and (ii) the submission, upon request, of data related to such air quality 

modeling to the Administrator. 

Delaware's l'lan: Delaware has the authority and technical capability to conduct 

air quality modeling in order to assess the effect on ambient air quality ofrclevant 

pollutant emissions, and will continue to perform modeling as necessary, but may 

makes changes that it believes in its discretion are appropriate, while continuing 

to fulfill this obligation. Delaware will continue to submit to the EPA the Air 

Quality modeling data as part of Delaware's relevant SIP submissions, permit 

actions, and through federal grant commitments or in other ways that EPA may 

request. 

(L) §110(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 reasonable costs of 

implementing and enforcing the terms and conditions of any such permit (not 

including any court costs or other costs associated with any enforcement action), 

14 
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 pcrmit 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 reasonable costs of implementing and enforcing the terms 

and conditions of any such permit (not including 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 pursuant to Delaware law. Delaware currently fulfills 

this under the enabling authority of 7 Del. �. §S 6095 to 6099 and fee legislation 

that eurrently is renewed every three years. Dclaware has a fully approved Title 

V operating pemlits 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) §110(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 the 

public notice laws found in 7 Del. �. § 6006 and 60 I 0 and 29 Del. �. Chapters 

10003, 10004 and 10 115, as applicable. Furthermore, all SIP revisions undergo 

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

includes local political subdivisions. We believe the public notice and hearing 

processes fulfill the rcquircments for consultation with local political subdivisions 

aflected by the SIP. 

3.0 Conclusion 

Based on the information provided above, Delawarc fully complies with the requirements 

of § 11 0(a)(2)(A) through § 110(a)(2)(M). 

IS 
"*OEPENOENT NEWSPAPERS, INC. 

P. O. Box 7001 • Dover, Delaware· 19903 • 1-800-282-8586 

State of Delaware: 

County of Kent: 

Before me, a Notary Public, for the County and State aforesaid, Edward Dulin, known 

to me to be such, who being sworn according to law deposes and says that he is 

President of Independent Newspapers, Inc. / Delmarva, the publisher of The Delaware 

State News, a daily newspaper published at Dover, County of Kent, and State of 

Delaware, and that the notice, a copy of hich is hereto attached, as published in The 

Delaware State News in its issue of {.{ . . - JO( . 

President 

Independent Newspapers, Inc. / Delinarva 

.� ..

. � 

. ...

 --. �, .. ,---""",-,,-,.-----.... --..,...,... 

" 

DNREC/Division cif Air Quality � • 

LEGAL NOTICE' 

PUBUC HE�RING . 

�. � 

e I;)eparbncnt of .Natural Resources and Environ�ental Control (DNREC) Di 

ision·

of.Air Quality. (OAQ) will conduct a public hearing on the proposed Stat 

mplementation Plan (SIP) ·lO address· the imp!ementation, maintenance, a 

nfo;cement of the 2008 revised lead (Pb)National Ambient AirQualityS"'n 

rd (NAAQS)" . ", 

n October 15, 2008, the Enviro.�mental Prot€ctio� Agency' (EPlii reviseo Ih 

rimary and. secondary; lead'. National . Ambient' Air ,_Quality Stmdard . (NAAQS 

Tom 1.5 micrograms. per c.ubic.· meter (?gJm)Jo 0.15 ?g/m3. Pursuant to sec 

I ions 1100a)(I) and ,1101.X2) of the Clean Air: Act (eM), each S"'te'os requi ! 

. submit a State.Implementatiofl Plan (SIP) to prav.

ide for th.e implerT)entation i 

/ maintenance, and 

.

. 

enforcement of ·a, newty 

.. 

promU 

.

. 

lg

.

atcd or revised NMQS. : 

'

. is SIP fulfills this reqUirement relative 10 the 2008 lead NAAQS 

e public· h

·eari·�:g �n. this proposed' SIP w�1I .��. held begirini�g a 

:00 p.m. oil Thursday,

.September 22,"2011 in DNREC's·Richardson 

RobbinS Buildi�g Aud,itorium, 89 Kings Hwy, Doverr DE 19901. 

. � pro�ied' sip doc,,';.n!' may be i;"i>'xt� at the ;"partmen;'s offiCes 10-

ted at 6555 Bay RD, Suite.5N, Dove;,..DE,·or.on the Division of Air· Quali 

.vebsite at: http·lfwww.dnrec.dela\.oJare.gQv/whsJaw..

nfo/Regs/.P?lg�AQM 

la�lSRegs.aspx. 

r tl(:ldit;o�al inrormalion or any apIXli·ntments to insPeCt· the pro\rieci reg'ufa 

.

. �" please contact Ron Amirikian in the Division of Air" Quality's office at.55 

'Bay RD, Su,le-5N, Dover, DE 19901, by phone at 302'739-9402; or by ema, ' 

t fl

ffi!l]�lan@sta�ge,us, - - : ,' - _ 

I 

. i 

nterested parties shall submit comments in writing '00 ·the propOsed new rCgu 

. Jation by the end of the comment period, as designated bv the hearing office .J t .this r..earing. Statements and testimony may be presented either orally or i 

riting at the public hearing to � held on Thursday, .September 22, 2011. I 

:s requested that those inte;ested in p;escnting statements al the public hear 

Ing register in advance and that written. statements and comments be ad 

ressed to: 

Ronald A. Aminkian 

DNRcC • Division of Air Quality. 

655 S. Bay RO,

·

Suite 5N 

Dove" DE 19901 

. THIS IS THE :OltLY TIME THIS NOTICE WILL APPEAR. 

95639 DSN 8/21/2011 

. .. , ' 
STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

& ENVIRONMENTAL CONTROL 

DIVISION OF AIR QUALITY 

655 S. Bay Road, Suite 5N 

DOVER,DELAWARE19901 

CERTIFICATION 

October 17, 2011 

Telephone: (302) 739 - 9402 

Fax No.: (302) 739 - 3106 

I hereby certify that a public hearing was held September 22, 2011, on a revision to the State of 

Delaware State Implementation Plan. The revision amends the State Implementation Plan (SIP) 

to address the implementation, maintenance, and enforcement of the 2008 revised Lead (Pb) 

National Ambient Air Quality Standard (NAAQS). On October 15, 2008, the Environmental 

. Protection Agency (EPA) revised the primary and secondary lead National Ambient Air Quality 

Standard (NAAQS) from 1.5 micrograms per cubic meter (J.tg/m) to 0.15 J.tg/m3. Pursuant to 

sections 110(a)(1) and 110(a)(2) of the Clean Air Act (CAA), each State is required to submit a 

State Implementation Plan (SIP) to provide for the implementation, maintenance, and 

enforcement of a newly promulgated or revised NAAQS. This SIP fulfills this requirement 

relative to the 2008 lead NAAQS. The effective date of this amendment is October 14, 2011. 

I further certify that the hearing was held in accordance with the notice required by Subsection 

51.102 of 40 CFR 51. 

Director 

Division of Air Quality 

/ 

............... _--

Printed on 

Recycled Paper 
TO: 

FROM: 

RE: 

DATE: 

HEARING OFFICER'S REPORT 

The Honorable Collin P. O'Mara 

Secretary, Department of Natural Resources and Environmental Control 

Robert P. Haynes, Esquire �� 

Senior Hearing Officer, Office

' 

�fthe Secretary 

Department of Natural Resources and Environmental Control 

PROPOSED STATE IMPLEMENTATION PLAN (SIP) REVISIONS 

FOR EPA'S REVISED LEAD LIMITS IN THE NATIONAL 

AMBIENT AIR QUALITY STANDARDS 

October 6, 20 II 

This Hearing Officer's Report recommends adoption of a proposed revision to 

Delaware's State Implementation Plan (SIP) as part of the Department's administration 

of federal authority delegated by the United States Environmental Protection Agency 

(EPA) under the federal Clean Air Act. 

EPA requires Delaware (and other states) to periodically report on the regulatory 

progress toward meeting the federal air quality standards. Delaware's SIP sets forth the 

Department's regulatory undertakings that show Delaware's progress to comply with 

federal air quality standards. 

The proposed SIP revision was undertaken in response to EPA's revision to its 

regulations that set forth the National Ambient Air Quality Standards (NAAQS). EPA 

lowered the primary and secondary lead NAAQS from 1.5 micrograms per cubic meter 

(flglm) to 0.15 flglm3. The Department has reviewed its regulations and found that the 

current regulations already regulate and are in compliance with the EPA revision. Notice 

of the proposed SIP revision and a public hearing was published. At the public hearing 

on September 22, 2011 the Department representative from thc Division of Air Quality, 

Ronald Amirikian, developed the record by introducing the following documents: 

Exhibit 1. National Ambient Air Quality Standards for Lead; Final Rule, 

73 FR 66964, November 12,2008. This final EPA rule lowered the Lead 

National Ambient Air Quality Standard (NAAQS) from 1.5 uglm3 to 0.15 

ug/m3. 

Exhibit 2. The Departments proposed State Implementation Plan (SIP) 

Revision to address the CAA Section 110 Infrastructure elements for the 

2008 Lead NAAQs, as it appeared on pagcs 382-391 of the Delaware 

Register of Regulations on September 1,2011 

Exhibit 3. An affidavit and notice as it appearcd in the Delaware State 

Ncws on August 21, 20 II, describing this proposed action and advertising 

tonight's public hearing. 

Exhibit 4. An affidavit and notice as it appeared in the News-Journal on 

August 21 , 2011, describing this proposed action and advcrtising tonight's 

public hearing. 

Exhibit 5. A register notice as it appeared on page 382 of the Delaware 

Register of Regulations on September I, 2011, describing this proposed 

action and advertising the public hearing. 

Exhibit 6. A public notice as it appears on the "Delaware Statewide 

Calendar of Meetings & Events," describing this proposed action and 

advertising the public hearing. 

Exhibit 7. An October 5, 2009 letter from Governor Markell that 

recommended the entire State of Delaware be designated as 

"unclassifiable" for the 2008 Lead NAAQ, along with October 5, 2009 

and June 15, 20 II responses from Shawn Garvin, EPA Regional 

Administrator. 

The Department did not receive any public comments. I find that the documents 

included in the record support adoption as a "statewide air resources management plan." 

of the proposed revised SIP. 7 Del C. Section 6010. Accordingly, a draft Order is 

attached hereto to adopt the proposed revised SIP as a final revised SIP in order that it 

may be sent to EPA for its review. 

2 

Proposed Plan 

Implementation, Maintenance, 

And Enforcement of 

National Ambient Air Quality 

Standards (NAAQS) 

State Implementation Plan Revision to 

address the Clean Air Act Section 110 

Infrastructure Elements For the 

2008 Lead NAAQS 

August 11,2011 

Delaware Department of Natural Resources and 

Environmental Control, Division of Air Quality 
Proposed Plall 

TABLE OF CONTENTS 

1.0 Introduction and Background ............................................................................ 3 

2.0 SIP Revision ................................................ ...................................................... 9 

3.0 Conclusion ...... ............................ ........... .......................................................... 19 

2 
Propo.�ed Plan 

1.0 Preamble, Introduction and Background 

On Octobcr 15,2008, the Environmental Protection Agency (EPA) revised the primary 

and secondary lead National Ambient Air Quality Standard (NAAQS) from 1.5 

micrograms per cubic mcter (Ilg/m) to 0.15 llg/m3. Pursuant to sections 110(a)(1) and 

110(a)(2) of the Clean Air Act (CAA), each State is required to submit a State 

Implementation Plan (SIP) to provide for the implementation, maintenance, and 

enforcement of a newly promulgated or revised NAAQS. This SIP fulfills this 

requirement relative to the 2008 lead NAAQS. 

A SIP is a state plan that identifies how that state will attain and maintain air quality that 

conforms to each primary and secondary NAAQS. The SIP is a complex, fluid document 

containing regulations, source-speci fic requirements, and non-regulatory items such as 

plans and emission inventories. 

Delaware's initial SIP was approved by the EPA on May 31, 1972. Since this initial 

approval, 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. Delawarc's SIP is compiled 

in the Code of Federal Regulations 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 implemcntation, 

maintenance, and enforcement measures required by the CAA, speci fically, CAA 

§ I 10(a)(2), relative to the 2008 lead NAAQS. 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 1l0(a)(2)(A)-(M) of the CAA which have not been addressed in 

other SIP revisions. It is a compilation of certain clements that describe how Delaware 

demonstrates how the 2008 lead NAAQS is being implemented, maintained and 

enforced. The elements of this SIP revision, once approved by EPA, will provide a 

federally enforceable wTitten confirmation that Delaware will continue to comply with 

the Section 1 10(a)(2) requirements of the CAA. 

Legislative authority for the Delaware air quality program relating to the responsibilities 

in 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 Department of Natural Resources and Environmental Control (DNREC) the 

power and duty to implement the provisions of the CAA in the State of Delaware. 

Many of the miscellaneous requirements of Section 1l0(a)(2)(A)-(M) of the CAA 

relevant to the 2008 lead NAAQS arc already contained in Delaware's SIP. The 

following Table identifies those SIP provisions. The following Table also identifies 

those infrastructure requirements which are not applicable to Delaware. 

I Referred to in this document as "7 �j. �.'. followed by the specific section citation (e.g., §6(05). 

3 
Proposed Plan 

Table -lIO(a)(2)(A)-(M) Requiremel1ts Already Addressed ill tile Delaware SIP 

Where 

Provisions in the Current Codified or 

Section 11 0(3) Delaware SIP or recent SIP approved by 

element Summary of element revisions Submittals EPA 

§110(a)(2)(A) Include enforceable emission For the 2008 lead NAAQS, the 40 CFR 52.420(c) 

limitations and other control following emission limitations and 

measures. means, or techniques schedules arc contained in Delaware's 

(including economic incentives approved SIP. 

such as fees, marketable penn its, • 7 DE Admin. Code 1101'

, Definitions 

and auctions of emissions rights), And Administrative Principles 

as well as schedules and timetables • 7 DE Admin. Code I 104, Particulate 

for compl iance as may be Emissions From Fuel Burning 

necessary or appropriate to meet Equipment 

Ihe applicable requiremcnts of this • 7 DE Admin. Code 1105, Particulate 

Act. Emissions From I ndustrial Process 

Operations 

• 7 DE Admin. Code 1107, Emissions 

From Incineration Of Noninfeclious 

Waste 

• 7 DE Admin. Code 1114, Visible 

Emissions 

• 7 DE Admin. Code 1 127, Stack 

Hei.�hts 

§110(a)(2)(8) Provide for establishment and 7 DE Admin. Code 1 103, Ambient Air 40 CFR 52.420(c) 

operation of appropriate devices, Quality Standards, provides for the 

methods, systems, and procedures establishment and operation of 

ncccssary 10 - (i) monitor, procedures necessary to monitor, 

compile, and analyze data on compile and analyze data related to 

ambient air qualilY, and (ii) upon ambicnt air quality. 

request, makc such data 

available to thc Administrator. 

§110(a)(2)(C) Include a program to provide for Dclaware implements its Construction 40 CFR 52.420( c) 

the enforcement of the measures and Operation Permit Program 

described in subparagraph (A) and requirements under 7 DE Admin. Code 

regulation of the modification and 1102 and 1125. These existing 

construction of any stationary pennilting programs ensure that the 

source within the areas covered by construction and modification of both 

the plan as necessary to assure that major and minor st(ttionary sources do 

national ambient air quality not cause or contribute (0 a violation of 

standards are achieved, including a the lead NAAQS. 

permit program as required in parts 

C and D; 7 DE Admin. Code 1125 fulfills parts C 

and D of Title I of lhe CAA; governing 

preconstruction review and pennitting of 

2 Delaware's air quality regulations are codified in Delaware's administrative code, - Title 7 Natural 

Resources and Environmental Control, 1 100 Air Quality Management Section. Citations arc expressed in 

this document as "7 DE Admin. Code" followed by the specific subpart of 1100. All portions of the DE 

Admin. Code referred to in this document are already included in Delaware's SIP. 

4 
Propol'ed PIIlII 

any new or modified major stationary 

sources of air pollutants. 1125 is 

approved in the DE SIP. Under 1 125 

any major source or moditication that 

results in a net significant increase of 

lead (0.6 TPY or greater) must apply 

Best Availahle Control Technology 

(BACT) to reduce lead emissions, and 

must demonstrate that its emissions will 

not cause the violation of any NAAQS. 

7 DE Admin. Code 1102 provides for 

the evaluation and necessary regulation 

of any stationary source that emit equal 

to or greater than 0.2 Ib of any air 

contaminate, including lead, in anyone 

day. 

In addition, the measures described in 

CAA II 0(a)(2)(A) are enforced, in part, 

through permits issued pursuant to I 102 

and 1125. 

§1l 0(a)(2)(E)(ii) (ii) requirements that the state The requirements of § 1 10(a)(2)(£)(ii) 

comply with the requirements are not applicable to Delaware because it 

respecting state boards under does not have any board or body which 

section 128, and approves air qual ill' permils or 

enforcement orders. 

§110(0)(2)(E)(iii) (iii) necessary assurances thai, The requirements of § II 0(a)(2)(£)(iii) 

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

or regional government. agency, or it docs not rely on localilies for specific 

instrumenlality for the SIP implementation. 

implementation of any plan 

provision, the state has 

responsibility for ensuring adequate 

implementation of such plan 

provision; 

§110(a)(2)(F) Require, as may be prescribed by § II 0(a)(2)(F)(i): Specific monitoring 40 CFR 52.420(c) 

the Administrator- requirements are found in 7 DE Admin. 

Codes 1103 and 1117. These 

(i) the installation, maintenance, requirements are included in Delaware�s 

and replacement of equipment, and SIP. 

the implementation of other 

necessary steps by owners or § II O(a)(2)(F)(ii): Specitic reporting 

operators or stationary sources to requirements are found in 7 DE Admin. 

monitor cmissions from such Codes II 03 and 1117, These 

sources. requirements are included in Delawarc's 

(ii) periodic reports on the nature SIP, 

and amounts of emissions and These regulations in Delaware's emissions-related data from such 

sourccs� and approved SIP that are listed in 40 CFR 

52.420(c) also apply to the 2008 lead 

(iii) correlation of such reports by NAAQS. 

the state agency wilh any emission 

limitations or standards established 

pursuant to this ACI, which reports 

5 
Proposed Plall 

shall be available at reasonable 

times for public inspection; 

§JIO(a)(2)(G) Provide for authority comparable to 7 DE Admin. Code 1115, Air Pollution 40 CrR 52.420(c) 

that in section 303 and adequate Alert and Emergency Plan, contains 

contingency plans to implement emergency episode plan provisions that 

such authority; arc currently approved in Delaware's 

StP. 

§I10(a)(2)(I) In the case of a plan or plan Part D pertains to general 

revision for an area designated as a requirements for nonattainment 

nonaUa�nmcnt area, meet the areas. This docs not apply 

applicable requirements of part D because no part of Delaware is 

(relating to nonanainment areas); designated nonallainment for the 

2008 lead NAAQS. 

§ I IO(a)(2)(J) Meet the applicable requirements Delavv"arc's PSD requirements arc 40 CFR 52.420(c) 

of ... part C (relating to prevention promulgated in 7 DE Admin. Code 

of significant deterioration of air 1 125, Preconstruction Review. 

quality and visibility protection); 

2.0 SIP Revision 

This SIP revision addresses those requircments of Section II 0(a)(2)(A)-(M) of the Clean 

Air Act (CAA) which have not been addressed in other SIP revisions for the 2008 lead 

NAAQS. Each of the requirements of § II 0(a)(2) of the CAA (Subpara/,'Taphs A-M) is 

presentcd below. along with a discussion of Delaware's plan revision to meet the 

requirement. 

(A) §JIO(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 mcet the 

applicable requirements of this Act. 

I>elaware's Plan: Delaware has established laws and regulations that include 

enforceable emissions limitations and other control measures, mcans or 

techniques, as well as schedules and timetables for compliance to meet the 

applicable requirements of the CAA, to include the requirements associated with 

the 2008 lead NAAQS. Delaware may make changes to its laws and regulations 

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

obligation. 

At present, Delaware's statutory authority is set out in Title 7 "Conservation" of 

thc Delaware Code, Chapter 60 - Delaware's comprehensive water and air 

resourccs conservation law. Legislative authority giving the Secretary of the 

Delaware Department of Natural Resources and Environmcntal Control the 

authority to promulgatc Regnlations is codified at 7 Del. C., Chapter 60. This 

authority is applicable to the 2008 lead NAAQS. 

6 
Proposed Plan 

(B) §110(a)(2)(B) Requirement: Provide for establishment and operation of 

appropriate devices, mcthods, systems, and procedures necessary to (i) monitor, 

compile, and analyze data on ambient air quaiity, and (ii) upon rcquest, make 

such data available to thc Administrator. 

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

deviccs, mcthods, systems and procedures necessary to monitor, compile and 

analyze data on ambient air quality, and upon request, makes such data available 

to the Administrator. Dclaware will continue to operate devices, methods, 

systems and procedures and may makes changes that it believes in its discretion 

are appropriate, while continuing to fulfill this obligation. At present, Delaware 

does this as follows for the 2008 lead 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. Delaware 

currently measures and reports lead concentrations from our monitoring site 

located in Wilmington near MLK Boulevard. 

• All data is measured using U.S. EPA approved methods 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 arc located at 

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

The data is submitted to the EPA's Air Quality System (AQS) system, in a 

timely manner in accordance to the schcduled prcscribed by the U.S. EPA in 

40 CFR Part 58. 

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

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

network. As needed, details of these changes and anticipated approvals of the 

changes are communicated to EPA. On an annual basis, Delaware sends EPA 

a monitoring network plan as required by 40 CFR Part 58 Section 10: Annual 

monitoring network plan and periodic network assessment. This plan contains 

all required infonnation including site and monitor description, analysis 

methods, operating schedule, monitoring objectives and scale of 

representativeness, as well as infonnation on any planned changes. Delaware 

submits data to the AQS system, in a timely manner, pursuant to the schedule 

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) §110(a)(2)(C) Requirement: Include a program to provide for the entilrcement 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 requircd in parts C and D. 

7 
Proposed Plall 

Delaware's Plan: Delaware has established and currently operates a program to 

provide for the enforcement of the enforceable emission limitations and other 

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

for compliance, as may be necessary Of appropriate to meet the applicable 

requirements of the 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 Division of Air Quality function exercises its 

programmatic authority to utilize the enforcement powers set out in 7 Del. �. 

§6005 entitled "Enforcement; civil and administrative penalties; expenses"; 7 Del. 

C. §60 13 entitled "Criminal penalties"; and 7 Del. �. §60 18 entitled "Cease and 

desist order." Delaware will continue to operate this program and may makes 

changes that it believes in its discretion arc appropriate, while continuing to fulfill 

this obligation. 

(D) §110(a)(2)(O) 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 the applicable implementation plan for any other State under part C 

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

insuring compliance with the applicable requirements of sections 126 J and 115 4 

. (relating to interstate and international pollution abatement). 

3 § I 26(a) - Each plan shall (I) require each m�jor proposed new or modified source (A) subject to Part C 

or (0) which may significantly contribute to pollution in excess of the NAAQS in any AQCR outside 

the State in which such source inlends 10 locate or modify, 10 provide wrilten nOlice 10 all nearby 

States the pollution levels of which may be affected by such SOurce 60 days prior to the date on which 

commencemenl of construction is to be permitted by the State, and (2) identify all major existing 

stationary sources which may have the impact described in (I) with respect to new or modified sources 

and provide notice to all nearby States of the idenlity of such sources. (b) Any State may petilion EPA 

for a finding that any major source or group of stationary sources emits or would emit any pollutant in 

violalion of Ihe prohibition of § 110(a)(2)(I)(ii) or Ihis seclion. (c) Notwilhstanding any permit which 

may have been granted by the State, it shall be a violalion of Ihis section and the plan - (I) for any 

major proposed new or modified source with respeci 10 which a finding has been made under 

subsection (b) 10 be constructed or 10 operate in violation of this section and the prohibition of 

§ II 0(a)(2)(0)(ii) or this section, or (2) for any major existing source to operate more Ihan 3 months 

after such finding has been made. EPA may permil the continued operation of a source beyond the 

expiration of the 3-month period if the source complies with the emission limitations and compliance 

selledules as may be provided by EPA to bring about compliance with the requirements of 

§110(a)(2)(0)(ii). Nothing shall be conslrued 10 preclude any such source Ii'om being eligible for an 

enforcemenl order under § l13(d) afler the expiration of such period during which EPA has permitted 

continuous operation. 

4 §115(a) - Whenever EPA, upon receipt of reports, surveys or studies from any duly constituted 

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

pollution which may reasonably be anticipated to endanger public health or welfare in a foreign 

country or whenever the Secretary of State requests it to do so, EPA shall give formal notitication to 

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

8 
Proposed Plan 

Delaware's Plan: Delaware's SIP presently contains adequate provIsIOns 

prohibiting sources from emitting air pollutants in amounts which will contribute 

significantly to non-attainment or interfere with maintenancc with any NAAQS 

and to prevent interference with measures related to preventing significant 

deterioration of air quality or which have to datc proved adequate to protect 

visibility and to address interstate and international pollutant abatement; however, 

Delaware may make changes that it believes in its discretion are appropriate, 

while continuing to fulfill this obligation. At present, Delawarc's legal authority 

is contained in the following: 

• 7 Del. �., § 601O(e). Rules and regulations; plans. The Secretary may 

formulate, amend, adopt and implement, after public hearing, a statewide air 

resources management plan to achieve the purpose of this chapter and comply 

with applicable federal laws and regulations. Since II 0(a)(2)(D) is in the 

CAA, and thus a law, Delaware has the legal authority to regulate sources of 

interstate transport to areas in nonattainment, or in those areas maintaining the 

NAAQS, if they were previously nonattainment. 

• 110(a)(2)(D)(i)(I): The physical properties of lead prevent lead emISSIons 

from experiencing a significant degree of travel in the ambient air. No 

complex chemistry is nceded to form lead or lead compounds in the ambient 

air; thcrcfore, concentrations of lead are typically highest near lead sources. 

More specifically, therc is a sharp dccrease in lead concentrations as the 

distance from a lead source increases. According to EPA's last published 

Latest Findings on National Air Quality report, lead concentrations for sites 

that arc not near a source of lead are approximately 10 timcs less than the 

typical concentrations near the sourcc 

(http://ww.epa.gov/airtrcnds/2007/report/trends reportfull.pdO· An 

examplc of the degree to which lead concentration decrcases with distance in 

ambient air is charactcrized in the EPA memo Selection of Airports filr the 

Airport Monitoring Study: "The Santa Monica airport monitoring study ... 

rcported a three- to four-fold decrease in ambient lead concentrations over a 

distance of 80 meters between two monitors sited to evaluate the lead gradient 

downwind from the runway" 

(http://www.epa.gov/otag/regs/nonroad/aviation/mcmo-selc-airport-monstdy.pdf). 

a finding under § IIO(a)(2)(H)(ii) which requires a plan revision wilh respect to so much of the 

applicable 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 al any public hearing associated with 

any 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 any 

abatement conference conducted prior to CAA 1977 shall remain in effect with respect to any pollutant 

for which no NAAQS has been established under § 109 unless EPA, after consultation with all 

agencies, which were party to the conference, rescinds any such recommendation. 

9 
Proposed Plan 

Accordingly, in order for a source to emit lead that may contribute 

significantly to nonattainment in, or interfere with maintenance by, any other 

state, the source would need to be a very large source that is located in close 

proximity to state boundaries. Delaware does not have any existing sources of 

lead that are very large (i.e., none with emission greater than 0.5 TPY). In 

fact, the emission of lead from Delaware's entire point source inventory 

(2008), in the aggregate, is less than one (I) ton per year of lead, and only two 

sources (Evraz Claymont Steel and Indian River Generating Station) have 

emissions greater than 0.3 ton of lead per year (0.34 and 0.31, respectively). 

Further, even though Delaware's largest two lead emitting sources are 

relatively small, lead reductions are anticipated due to unit shut downs, and as 

a co-benefit to required mercury and sulfur dioxide reduction measures. 

All major stationary sources are subject to Prevention of Significant 

Deterioration (PSD) permitting programs under the PSD of 7 DE Admin. 

Code 1125, Preconstruction Review. The requirements of 1125 ensure no 

new or modified lead emitting source will cause or contribute to nonattainment in any area. 

• 1 10(a)(2)(D)(i)(1l): The requirements of CAA II 0(a)(2)(D)(i)(II) are met by 

new major sources and major modifications in Delaware being subject to the 

PSD requirements which are contained in Section 3.0 of 7 DE Admin. Code 

1125. Preconstruction Review. 

• 1 10(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 1 15 of the CAA. 

(E) §lJO(a)(2)(E) Requirement: Provide (i) necessary assuranccs that the state (or, 

except where the Administrator deems inappropriate, the general purpose local 

government or governments, or a regional agency designated by the state or 

general purpose local governmcnts for such purpose) will have adequate 

personnel, funding, and authority under state (and, as appropriate, local) law to 

carry 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) requircments that the State comply with the requirements respecting 

State boards under section 128,5 and (iii) necessary assurances that, where thc 

state has relied on a local or regional government, agcncy, or instrumentality for 

the implementation of any plan provision, the state has responsibility for ensuring 

adequate implemcntation of such plan provision. 

. 

5 § 128 (a) each plan shall contain requirements that - (I) any board or body which approves penni Is or enforcement 

orders shall have at least a m,�jority of members who represent the puhlic interest ami do not derive any signilic.1J1t 

portion of their income from persons subject to pennits or enforcement orders, and (2) any potential conflicts of 

interest by memhers of such board or body or the head of an executive agency with similar powers he disclosed_ A 

State may adopt any requirements respecting conlliclS of interest ror such hoards or bodies or heads of executive 

agencies, or an)' other entities which are more stringent than the requirements of(1) and (2). 

10 
Proposed Plan 

The elements of § II 0(a)(2)(E)(ii) and (iii) are not applicable to Delaware as 

discussed in Section 1.0 of this document. 

Dclawarc's Plan: With respect to the remaining obligations under this section, 

Delaware has adequate authority under state law pursuant to 7 Del. C. Chapter 60 

to carry out its SIP obligations with respect to the 2008 lead 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 V fee program, and will continue to have, funding to carry out its SIP 

obligations. Further, DNREC believes its funding sources are suflicient 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 under 7 Del. C. Chapter 

60. The Division of Air Quality is responsible for developing, implementing, and 

enforcing the SIP. Delaware does not anticipate the need for additional resources 

beyond those to be appropriated in the above manner to carry out its SIP 

requirements. 

(I') §110(a)(2)(F) Requirement: Require, as may be prescribed by the Administrator -

(i) the installation, maintenance, and replacement of equipment, and the 

implementation of other necessary steps, by owners or operators of stationary 

sources to monitor emissions from such sources, (ii) pcriodic 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 or standards established pursuant to this Act, which rcports shall be 

available at reasonable times for public inspection. 

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

sources monitor and submit periodic reports on the nature and amounts of lead 

emissions and emissions related-date emissions from the sources. This may 

include the installation, maintenance and replacement of equipment, where 

appropriate. This information submitted to DNREC is available to the public at 

reasonable times for public inspection pursuant to Delaware law. Delaware will 

continue to require reporting of emissions but may makes changes that it believes 

in its discretion are appropriate, while continuing to fulfill this obligation. 

Exeept as specifically excmpted by the Delaware Freedom of Information Act, 29 

Del. C. Chapter 100, Delaware makes all records, reports or information obtained 

11 
Proposed PIa" 

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. 

C. Chapter 100. 

(G) §110(a)(2)(G) Requirement: Provide for authority comparable to that in section 

303 and adequate contingency plans to implement such authority; 6 

Delaware's Plan: Delawarc has authority comparablc to that in section 303 and 

adequate contingency plans to implement such authority but may makes changes 

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

obligation. 

7 Del. �. § 6003(a)(I) requircs a pcrmit from the Secretary prior to discharging 

any air contaminant. 7 Del. �. § 6002(2) defines air contaminant esscntially as 

any substance other than uncombined water. 7 Del. �. § 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 Dcl. �. § 6018). Thus, it necessarily follows 

that any discharge of an air contaminant, including lead, that would cause 

imminent & substantial endangerment to the health, safety and welfare of the 

people of the State of Delaware or the environment would constitute a sufficient 

basis for the Secretary to seek an injunction or temporary restraining order to halt 

the violation. 

(H) §110(a)(2)(H) Requirement: Provide for revision of such plan - (i) from time to 

time as may be necessary to take account of revisions of such national primary 

or secondary ambient air quality standard or the availability of improved or more 

expeditious methods of attaining such standard, and (ii) except as provided in 

paragraph (3)(C), whenever the Administrator finds on the basis of information 

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

the national ambient air quality standard which it implements or to otherwise 

comply with any additional requirements established under this Act. 

6 Sec. 303- Notwithstanding any other provisions of this Act, thc Administrator upon reccipt of evidence 

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

imminent 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 coun to immediately 

restrain 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 aSSlIre 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 be 

necessary to protect public health or welfare or the environment. Prior to taking any action under 

this section, the Administrator shall consult with appropriate State and local authorities and attempt to 

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

order issued by the Administrator under this scction 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 belore the expiration of that period. Whenever the Administrator 

brings such an action within the 60-day period, such order shall remain in effect for an additional 14 

days or for such longer period as may be authorized by the court in which such action is brought. 

12 
Proposed Pltl1l 

Delaware's Plan: Delaware will review and revise its SIP from time to time as 

may 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 

NAAQS which it implements or to otherwise comply with any additional 

requirements established under the CAA. 

(I) §110(a)(2)(I) Requirement: [n the case of a plan or plan revISIOn for an 

area designated as a non-attainment area, meet the applicable requirements 

of part D (relating to non-attainment areas). 

Delaware's Plan: This does not apply because no part of Delaware is 

designated nonattainment for the 2008 lead NAAQS. 

(J) §1l0(a)(2)(.J) Requirement: Meet the applicable requirements of section 121 

(relating to consultation), section 127 (relating to public noti fication), and part. C 

(relating to �revention of significant deterioration of air quality and visibility 

protection). 

Delaware's Plan: Delaware will 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); but may makes changes that it believes in its discretion are 

appropriate, while continuing to fulfill this obligation. At present, Delaware does 

so utilizing the following: 

• 7 DE Admin. Code 1132, Transportation Conformity, provides a legal 

platform for the various consultation procedures that have been developed 

between DNREC, DELDOT, and the Metropolitan Planning Organizations 

(MPOs). The MPOs provide a forum for consultation with local governments. 

Delaware's MPOs are: WILMAPCO, Kent County MPO, and the SalisburyWicomoeo MPO. Regional planning organizations provide the forum for 

inter-state consultations. Additionally, consultations with Federal Land 

7 § 121. - In carrying out requirements for plans to contain· ( I) ally transportation controls. air quality maintenance 

plan requirements or prcconstmction 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 or §113(d). the State: shall provide a satisfactory 

process of consultation with general purpose local govcmmcnts. tlcsignalcd organizations of elected omcials of 

local governments and any FLM having authority over Federal land to \\'hich the State plan applies. Such process 

shall be in accordance with rcguhltions promulgated by EPA. Only a general purpose unit of local gO\:crnmcnt, 

regional agency. or council of governments adversely affected hy action of EPA approving any portion of a plan 

may petition for judicial review. 

§ 127. (a) - Each ph," shall contain measures to regularly notify the public ot'when an)' 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 excc:eded and ways in 

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

13 
Proposed PIa" 

Managers are on-going in accordance with EPA Rules. All SIP revisions and 

new/amended regulations undergo public notice and hearing, pursuant to 7 

Del. C. Chapters 29 and 60, which include publication in the newspapers and 

in thc Delaware Register, and whieh have allowed for comment by the both 

the public and 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 the approved 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. 

• PSD requirements relative to the 2008 lead NAAQS are SIP approved and 

implemented through the requirements of 7 DE Admin. Code 1 125, 

Preconstruction Review. 

• With regard to visibility protection, there are no new applicable visibility 

protection obligations under section 110(a)(2)(J) as a result of the 2008 lead 

NAAQS. Delaware is complying with, and will continue to comply with the 

visibility protection and regional haze program requirements under Part C of 

the CAA. 

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

quality modeling as the Administrator may prescribe for the purpose of 

predicting the effect on ambient air quality of any emissions of any air pollutant 

for which the Administrator has established a national ambient air quality 

standard, and (ii) the submission, upon request, of data related to such air quality 

modeling to the Administrator. 

Delaware's Plan: Delaware has the authority and technical capability to conduct 

air quality modeling in order to assess the effect on ambient air quality of relevant 

pollutant emissions, and will continue to perform modeling as necessary, but may 

makes changes that it believes in its discrction are appropriate, while continuing 

to fulfill this obligation. Delaware will continue to submit to the EPA the Air 

Quality modeling data as part of Delaware's relevant SIP submissions, permit 

actions, and through federal grant commitments or in other ways that EPA may 

request. 

(L) §110(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 

rcquired under this Aet, a fee sufficient to cover - (i) thc rcasonable costs of 

reviewing and acting upon any application for such a pcrmit, 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 costs associated with any enforcement action), 

14 
Proposed Plan 

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

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

Delaware's l'lan: 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 undcr this Act, a 

fee sufficient to cover (i) the reasonable costs of reviewing and acting upOli 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 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 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 appropriatc, whilc continuing to fulfill this obligation. 

(M) §110(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 the 

public notice laws found in 7 Del. !:. § 6006 and 60 I 0 and 29 Del. !:. Chapters 

10003, 10004 and 10 l IS, as applicable. Furthermore, all SIP revisions undergo 

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

includes local political subdivisions. We believe the public notice and hcaring 

processes fulfill the requirements for consultation with local political subdivisions 

affected by the SIP. 

3.0 Conclusion 

Based on the information provided above, Delaware fully complies with the requirements 

of § II 0(a)(2)(A) through § 11 0(a)(2)(M). 

15 
Sllecl/\(id�·C'ss· 

S).'JO WC�I P.ClSj�, Road 

1�'2W emIle .. Dr 19720 

Mailing Address. 

PO, Box i 5505 

Wrll'lin9�l.)n, O[ 19850 

(302; 324-2500 

!800! 235-9100 

F-o.v NUI�lbcrs 

l\cr:OIIl'lill!:f 32.1-2).)4 

Ciro,lctiol"\.324·7945 

(]mdicd 321. 55� I 

.. 1.IIIV.lI' RC''':xJICt_�· ::7l-2S78 

irr�(j S:r�lt·lw.: 37<1-7969 

Morkel,ng: .124-7.557 

Now,' 324-5509 

"""il: 3/<1-5518 

Legal Desk 302-324-2676 

Legal Fax 302-324-2249 

AFFIDA VIT OF PUBLICATION 

State of Delaware 

Personally appeared before me this 22nd day of August, 2011, 

I. Kristin Segner, of The News Journal Company, a daily newspaper printed and published 

in the County of New Castle County, State of Delaware, who, being duly sworn states that 

the advertisement of SID DNREC Division of Air Quality - Public Hearing 9/22/2011 

was published in The News Journal on August 21, 2011 

Legal CQ.ordinator 

Title 

4d� 

Sworn to before me this 22"0 day of August, 2011 

Wanda James 

l'IO\ary Public 

S,',te of Delaware 

" " :c:

' ,;,--"" "xpires 11102/2012 

.. _,.,. ,.-=--.:'="' ..

. -.: .. ,.

 .• -� ... .. .. _. -

- -.. --

. DNREC - DivIsIon 

.o� Alr.Qu�lity 

'LF�Al !'J9JIQE 

• .- .. -1. 

,' , ' �UBLIC _�E��,I!-J'" ,;��;;; 

r The Oepartmoni of Nat�ral Reso��c�rifnd · vi 9ntal Control (DNREC) Division of Air .Quality· (OAQ) . will 

conduct a public hearing on the proposed Stato .Implementation Plan (SIP) to address the implementation. 

maintenance, and 

·

enforcemont·�of .the. 2008 ,revlsod 

Lead �b) National Ambient 'Air.'.Q ity�. Standard 

(NAAQ )' 

.

. ,:: .• . ... � 

( 

� ;.:�

.!?�{::C.: 

.. �",: .

. " .. �/ 

.On October ':15, 20

. the Environrnental"Protection 

Agency (EPA) revised the primary and socondary lead 

Nallonal Ambient Air Quahty Standard (NMOS) from 

1.5 micrograms pot cubic meter (JI9Im) to 0.15 jJglm3 ... 

Pu suant to sections 110{a)(1) and J10(a)(2)Jof .the 

Clean Air Act (CM).· each State Is required to submit B 

Sle:e Implementation Plan (SIP) 10 provide tor lhl! 

.

Implementation. maintenance, llnd onforcemen: ··of e.. newly 

promulge.ted or revised NAAQS. This SIP futls til!&' requirem�

n

,

1 rera1ive tl? the 2008 load NAA�S ./� ;$-

,

" 

" . 

TM public hearing on thl, propo •• d SIP will be held 

beginning at 6;OO.p,m. on Thunsday, September 22, 

2011 In DNREC'. Richardson & Robbins Bullcling Auditorium, 89 Kings Hwy, Dovor. DE 19901_ ' ." •. : 

, 

.

.. .. . 

. .,;.� � .... 

The 

Dopartmont's 

prop:>Sed SIP document may be inspected 8t the 

oflk:es klca\cd nt 655 S Say RO/Suite 

5N, Dovel,· OE, or on the Division of Air Quality webBlte 

at: h�tp:jftiw

.9.Il[OC.dl!l��.gO'lIw.!!.��l.nl.o1le�� 

A.QMI:'!�.s!lc:gs.��. ,.� 

1 

For 8dditio�al i"n·;O�Bti�

·

n or any ·appointments to In- ., 

spect the proposed regulation, please contact Ron 

Amirikian iil tha Oivision of Air Quality's office at 655 S. 

Bay RD, Suite SN, Dovor, DE 19901, by phone at 302· 

739-9402, .o:r . by email at !:Q:lli!'9.�mlr!!da,�tate .d�..:.

u.� . . ; . 

. . -

Intere!>ted·parties shall slbmit comm9nts in writing on 

tho proposed new regulation by the ond of the comment .j 

period, as designal�d by the hoarlng oUite: atlhis hear- 'I 

mg. Statements and testimony may be presented either 

orally or in wriling at tho public hearing 10 be held on 1 

Thursday, September 22, 2011. It is requestOd thai 

those intcrested in presenting stl:ltcmonts at the public 

t. hearing register in advance and thai written stalements 

and oom!'l1enls bo �ddreBsed to: _ 

. 

. ' 

., Ronald A. Amirikian 

• r 'ONFIEC - Division of Air Quality .'. 

655 S. 8ay AD, Suita 5N 

. Oov�. DE 19901 

THIS IS THE ·ONLY flUE THIS UOTK:E: WILL APPEAR, 

B/21-NJ .. - L:

:':"� __ ':"

 ______ __ 

. "�!.Xt

e\ � 

...

 - .,., . .... - .--...... -.--� ...

 
OFFICE OF THE 

SECRETARY 

STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONMENTAL CONTROL 

89 KINGS HIGHWAY 

DOVER, DELAWARE 19901 

Secretary's Order No. 2011-A-0041 

PHONE: (302) 739-9000 

FAX: (302) 739-6242 

Re: APPROVAL OF REVISED DELAWARE STATE IMPLEMENTATION 

PLAN FOR INFRASTRUCTURE ELEMENTS FOR REVISION TO 

NATIONAL AMBIENT AIR QUALITY STANDARDS FOR LEAD 

Date of Issuance: October 14,2011 

Effective Date: October 14,2011 

Under the authority vested in the Secretary of the Department of Natural 

Resources and Environmental Control (Department), this Order approves the proposed 

revision to the State Implementation Plan(SIP), which is a statewide air management plan 

subject to the public notice and public hearing procedures in 7 Del. C §6010 ( c). 

Background 

The United States Environmental Protection Agency (EPA) has delegated to the 

Department certain authority and duties under the federal Clean Air Act, as amended, 42 

US.C§§7401 et seq. (CAA). The delegation includes the administration over 

Delaware's SIP, which EPA requires in order to review the regulations, source specific 

requirements, plans and emission inventories on how Delaware will attain and maintain 

air quality that conforms to EPA's primary and secondary National Ambient Air Quality 

Standards (NAAQS). NAAQS are EPA regulations that set limits for air pollutants in 

order to protect the public health and the environment. Delaware' SIP is included in 

EPA's regulations at 40 CF.R. Part 52, Subpart J 
In 2008, EPA revised its NAAQS for lead to lower the primary and secondary 

limits from 1.5 micrograms per cubic meter (J.Lg/m) to 0.15 J.Lg/m3. The states are 

provided three years to revise their SIPs in response to EPA's revised limits. The 

Division of Air Quality conducted a review of the Department's regulations to determine 

if any regulatory changes were needed in response to the EPA lead NAAQS change. The 

proposed revised SIP, as published in the September 1, 2011 Delaware Registration of 

Regulations, sets forth the Division of Air Quality's review of Delaware's Regulations 

Governing the Control of Air Pollution. The proposed revised SIP cites to the appropriate 

regulations in which the Department already regulates lead consistent with EPA's revised 

NAAQS for lead. Consequently, the Division of Air Quality reports in the revised SIP 

that no new regulation or amendment to an existing regulation is needed to comply with 

EPA's NAAQS revision for lead. 

The Department held a duly noticed public hearing on the SIP revision on 

September 22, 2011 at the Department's Dover offices. At the public hearing, the 

Department's expert, Ronald A. Amirikian, developed the record to support adoption of 

the proposed SIP revision. The Department did not receive any public comments during 

the public comment period. The Department's presiding hearing officer, Robert P. 

Haynes, who recommended approval of the SIP revision in a Report attached hereto at 

Appendix A. 

Reasons and Findings 

I adopt the Report and find that approval of the proposed SIP revision in final is 

supported by the record and consistent with the Department's delegated duties under the 

federal Clean Air Act. In conclusion, the following findings and conclusions are entered: 

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1. The Department finds the proposed SIP revision is well supported by the 

record and hereby approves the revision as a final SIP revision as it was published in the 

September 1, 2011 Delaware Register of Regulations; 

2. The final approved SIP revision and this Order shall be submitted to EPA 

for EPA's review in order that the SIP may be approved by EPA; and 

2. The Department shall publish notice of this Order in the same manner as 

the notice of the proposed SIP revision. 

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Collin P. O'Mara 

Secretary