UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

 REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

DATE: July 13, 2010

SUBJECT: Delaware - Administrative and Nonsubstantive Changes to Existing Delaware SIP 

Regulations - Technical Support Document

FROM: Harold A. Frankford /s/

Environmental Protection Specialist

Air Protection Division (3AP00) 

TO: File

THRU: Marcia L. Spink, Associate Director /s/

Office of Policy and Science

Air Protection Division (3AP00)

I. Background

On June 15, 2009, the State of Delaware submitted a formal revision to its State Implementation 

Plan (SIP). The revisions streamline, renumber and reformat 32 Delaware Regulations for the 

Control of Air Pollution which EPA has approved as part of the Delaware SIP. This SIP vision 

is administrative in nature- there are no substantive changes.

In its SIP revision submittal, Delaware explains that under Title 29, Chapter 101 of the Delaware 

Codes (29 Del. C., Ch 101), regulatory agencies in Delaware are required to develop and adopt 

regulations, and publish the regulations in Delaware Register of Regulations through the 

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

has developed guidelines and drafting manuals for Delaware regulations. The latest edition of 

drafting and style manual, entitled “Delaware Manual for Drafting Regulations,” was issued as 

Delaware Administrative Code in March. 

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

formatted to comply with the standards specified in the manual. However, a majority of the 

Delaware SIP regulations have not been updated. 

II. Summary of SIP Revision

 A. Purpose and Overview
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The purpose of this SIP revision is to make all Delaware SIP regulations consistent with the 2006 

Manual. In addition, Delaware has made some non-substantive changes and corrections of errors 

exclusively for this SIP revision: 

• Administrative or editorial changes are those under the administrative authority granted 

to Delaware Registrar's Office by 29 Del.C. Ch 1134 and are applicable to all Delaware 

regulations for consistency purpose. Therefore, all Delaware air regulations, both 

existing ones and future ones, shall follow this format.

• Non-substantive changes are those made for clarification and consistency purposes and 

do not alter or amend the intent or meaning of the subject regulation. 

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

regulation was developed or revised to its current version. 

Delaware explains that these administrative changes, non-substantive changes and corrections of 

errors do not alter regulatory features of individual regulations, such as effective date, 

applicability, regulatory limit and requirement, compliance schedule, enforcement procedures, 

etc. 

 B. SIP regulations revised by this SIP revision

The 32 approved SIP regulations which Delaware has submitted to EPA in this SIP revision are 

listed as follows:

• Regulation 1 “Definitions and Administrative Principles;

• Regulation 1102* “Permits”; 

• Regulation 3 “Ambient Air Quality Standards”; 

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

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

• Regulation 6 “Particulate Emissions From Construction and Materials Handling”; 

• Regulation 7 “Particulate Emissions From Incineration”; 

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

• Regulation 9 “Emissions of Sulfur Compounds From Industrial Operations”; 

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

• Regulation 11 “Carbon Monoxide Emissions From Industrial Process Operations New 

Castle County”;

• Regulation 12 “Control of Nitrogen Oxide Emissions”; 

• Regulation 1113* “Open Burning”; 

• Regulation 14 “Visible Emissions”; 

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

• Regulation 16 “Sources Having an Interstate Air Pollution Potential”; 
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• Regulation 17 “Source Monitoring, Recordkeeping and Reporting”; 

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

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

• Regulation 1125* “Requirements for Preconstruction Review” (Sections 1.0, 2.0 and 3.0); 

• Regulation 26 “Motor Vehicle Emissions Inspection Program”

• Regulation 27 “Stack Heights”; 

• Regulation 1132* “Transportation Conformity”; 

• Regulation 35 “Conformity of General Federal Actions to the State Implementation Plans”; 

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

• Regulation 40 “Delaware's National Low Emission Vehicle (NLEV) Regulation”; 

• Regulation 41 “Limiting Emissions of Volatile Organic Compounds From Consumer and 

 Commercial Products”; 

• Regulation 1142* “Specific Emission Control Requirements (Section 1.0)”; 

• Regulation 1144* “Control of Stationary Generator Emissions”;

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

 • Regulation 1146 “Electric Generating Unit (EGU) Multi-Pollutant Regulation”;

 • Regulation 1148 “Control of Stationary Combustion Turbine Electric Generating Unit 

 Emissions”.

The regulations (or a section or sections therein) marked with an asterisk (*) are those which

have been revised after the issuance of the 2006 drafting manual. The prefix of “11” in “11##” in 

a regulation title number represents Delaware administrative code for Air Quality Management 

Section.

 C. Approved SIP regulations excluded from this SIP revision

1. Approved SIP regulations with no changes

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

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

• Regulation 37 “NOx Budget Program”; 

Regulation 31 is not included because it is currently under substantive revision. Regulation 37 is not 

included because it is no longer State enforceable. 

Many current SIP regulations have citations of the Federal laws and documents (such the Clean 

Air Act, the Federal Register, and the Code of Federal Regulations). Some regulations contain 

appendices that are adopted directly from Federal documents, and documents of other state 

agencies, or other sources. In cases where the Delaware regulations directly incorporate these 

citations and appendices from the aforementioned other sources, then the format of the other 

sources remains intact, and Delaware’s administrative changes, non-substantive changes and 

corrections described in this SIP revision do not apply.
4

 2. Non-SIP Regulations 

The following Delaware Air Quality Management (AQM) regulations are submitted for 

information purposes only and are not included in this SIP revision, because they deal with air 

quality issues not directly related to the NAAQS: 

• Regulation 18 “Particulate Emissions from Grain Handling Operations”; 

• Regulation 19 “Control of odorous Contaminants”; 

• Regulation 20 “New Source Performance Standards”; 

• Regulation 21 “Emission Standards for hazardous Air Pollutants”; 

• Regulation 22 “Restriction on Quality of Fuel in Fuel Burning Equipment”; 

• Regulation 1125* “Requirements for Preconstruction Review” (Section 4); 

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

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

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

• Regulation 33 “Motor Vehicle Pressure Test and Emission Control Device Inspection 

 Program” (Replaced by Regulation 31); 

• Regulation 34 “Emission Banking and Trading Program”; 

• Regulation 36 “Acid Rain Program”; 

• Regulation 1138 “Emission Standards for Hazardous Air Pollutants for Source 

Categories”; 

• Regulation 47 Reserved. 

The above regulations are not considered as Delaware SIP regulations. Therefore, they are not 

included in this SIP revision; however, Delaware explains in its submittal that the administrative 

and non-substantive changes in those regulations are illustrated for consistency purposes. 

Delaware Registrar’s Office is in charge of updating those regulations under 29 Del. C., Ch 

1134. 

3. Regulations subsequently withdrawn by Delaware DNREC 

On June 10, 2010, Delaware withdrew the following regulations from this SIP submittal, as they

are not currently part of the Delaware SIP: Regulation 1101, Section 2.0 – those definitions not 

associated with SIP-approved regulations; Regulation 1103, Sections 7.0 and 9.0; Regulation 7, 

Section 2.0; Regulation 9, Section 2.2; and all regulatory provisions in Regulation 1146 

governing the control of mercury emissions. 

D. Description of Regulatory Amendments Addressed in this SIP Revision

 1. Administrative Changes 

 a. Font Face and Size 
5

The 2006 Manual specifies that all Delaware regulations be drafted in Arial font face and 12-

point font size. Accordingly, all SIP regulations are converted to Arial font face and 12-point font 

size under this SIP revision. This font-change is not reflected with strikeouts and underlines in 

the revised regulations, since such change does not alter any meaning of the subject regulations 

in any aspect. 

 b. Regulation Title Coding and Numbering 

Historically, Delaware AQM regulations have been grouped in “Delaware Regulations 

Governing the Control of Air Pollution,” and numbered from 1 to 48 (Arabic numbers) without 

an indentifying or administrative code. Under the current Delaware administrative coding 

system, all AQM regulations should be under “Title 7 DNREC, 1100 Air Quality Management 

Section” and be coded with four digits in a format of “11##”, where the first two digits “11” 

specify “AQMS” and the second two digits “##” are the regulation numbers. According to this 

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

No. 1 as an example, with strikeouts representing deletions and underlines for additions: 

Title 7 DNREC 

1100 Air Quality Management Section 

REGULATION NO. 1 

1101 DEFINITIONS AND ADMINISTRATIVE PRINCIPLES 

Under this SIP revision, all revised regulations use a bold-face text for their titles. In case that a 

current title used a regular-face text, this regular-to-bold change is not indicated by using 

strikeouts and underlines, since such change does not alter any meaning of the title in any aspect. 

 c. Format of Definitions 

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

According to the 2006 Manual, the following format has been adopted as a standard format in all 

AQM regulations under this SIP revision, using “heat input” as an example, with strikeouts 

representing deletions and underlines for additions: 

“Heat input” HEAT INPUT: The means the potential thermal energy resulting from the 

complete combustion of any fuel. 

In some regulations, such as in Regulation No. 12, the terms to be defined are not bolded, but are 

in the standard format already. In those cases, the change from un-bolded terms to bold-face 

terms are not identified by strikeouts and underlines, since such change does not alter any

meaning of the terms themselves and definitions that follow. 

 
6

d. Section and Subsection Numbering 

According to the format provided in the 2006 Manual, two changes are made with respect to 

sections in a regulation under this SIP revision: (1) All prefixes of “Section-” in section title lines 

are deleted; (2) Sections are numbered using a consistent format of Arabic numeral “#.0”. 

A majority of the current SIP regulations have subsections of various levels, and use different 

symbols for subsections, such as lower-case letters (a, b,...), Roman numbers (i, ii,...), Arabic 

numbers in parenthesis [(1), (2), ... ], upper-case letters (A, B, ...), and paired lower-case letters 

(aa, bb, ...). According to the format provided in the 2006 Manual, all those subsection symbols 

in the current AQM regulations are replaced by Arabic numbers under this SIP revision. 

The following is an example from Regulation 24, Section 4 demonstrating changes in numbering 

of sections and subsections, with strikeouts representing deletions and underlines for additions: 

Section 4 –

4.0 Compliance Certification, Recordkeeping, and Reporting Requirements for Coating 

Sources 

4.1 a. To establish the records... 

4.2 b. Requirements for coating sources... 

4.2.1 1. Certification. By November 15, 1993, the owner or operator of a facility... by providing 

all of the following: 

4.2.1.1 i. The name and location of the facility. 

4.2.1.2 ii. The address and... 

According to the format provided in the 2006 Manual, the bold-face is adopted for section titles 

in all revised regulations. In those cases where a regular-to-bold face change is made, the change 

is not identified by strikeouts and underlines, since such change does not alter any meaning of the 

section title in any aspect. 

 e. Citations in Regulations 

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

Administration Code by title and regulation number (for code titles and numbers, see 2.2 of this 

SIP revision). Therefore, citations of another regulation are revised to the following standard 

format, using an excerpt from Regulation No. 2 as an example, with strikeouts representing 

deletions and underlines for additions: 

... in an operation permit issued pursuant to Regulation No. 30 7 DE Admin Code 1130. 

In several AQM regulations, Delaware’s solid waste regulation is cited. According the 2006 

Manual, and the latest version of that regulation, the citation is changed to: 
7

...the Solid Waste Regulations 7 DE Admin Code 1301, Regulations Governing Solid Waste. 

Another common citation in the AQM regulations is the Delaware Code. According to the 2006 

Manual, the following standard format is adopted in all AQM regulations under this SIP revision, 

using Title 29 of Delaware Code, Chapter 80 as an example: 

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

In cases where an un-bolded “Del. C.” is changed to a bold “Del. C.”, the strikeouts and 

underlines (i.e., Del. C. Del. C.) are not used in the revised regulations, since such change does 

not alter any meaning of the subject in any aspect. In addition, the symbol “§” is used when a 

section of the Delaware Code is cited. 

 2. Other Changes 

Based on the specifications in the 2006 Manual, the following changes are also made in all AQM 

regulations under this SIP revision, with strikeouts representing deletions and underlines for 

additions: 

a. Changing “and/or” to “or”. 

Example: ...previous permit and/or application... 

b. Changing “word(s)” to “word or words”. 

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

c. Spelling out numbers from 1 to 9, except those followed by specifying symbols such as 

%, 

o

C, 

o

F, and those used for special terms such as “the 1-hour ozone standard.” However, 

numerals between 1.0 and 9.0 are not spelled out, due to the precision meaning held by the 

decimal place. 

d. Using Arabic numbers for 10 and greater, except when used at the beginning of a 

sentence. 

e. Changing word “percent” following a numeral to “%”. 

Examples for the above three changes include: 

... 3 three years after the effective date ... 

... 5% percent of the emissions ... 

... twenty percent 20% of the emissions ... 

f. Changing “deg C and deg F” to “

o

C and 

o

F”, respectively. 
8

Example: ...at 343 deg. C oC (650 deg. F oF) or higher ... 

g. Changing dates in the text, for example, from “12/02/94” to “December 2, 1994.” 

3. Non-Substantive Changes 

 a. Addition and Deletion of Words 

(1). Additions 

In a current AQM regulation, its sections and subsections may be referenced frequently in the 

regulation itself. In addition, the federal Clean Air Act (the Act) may be cited frequently as well. 

To ensure precise citations and references, the terms “of (or in) this regulation” and “of (or in) 

the Act” are added wherever they seem necessary and adequate. 

(2). Deletions 

In the current regulations, terms such “section, subsection, part, subpart, paragraph, and 

subparagraph” are used extensively, but not consistently and properly. For example, the term 

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

multiple paragraphs. Under this SIP revision, terms “section, subsection, part, subpart, 

paragraph, and subparagraph” are no longer used in front of section or subsection numbers. 

Examples include: 

...pursuant to section 5(a)(i)(1)A 5.1.1.1.1 of this regulation... 

(See also 2.4 of this SIP revision.) 

... to meet the requirements of Section 112(i)(1) of the Act... 

(See also 1.3 of this SIP revision.) 

(3). Deleting Specific Section and Subsection Numbers 

There are cases in the current regulations where there is only one subsection in a section. This 

single subsection is no longer numbered under this SIP revision. See example below, where 

“6.1” is deleted since it was to denote a single subsection in Section 6. 

Section 6 –

6.0 RACT PROPOSALS 

6.1 The RACT proposal submitted in accordance with... 

 b. Changing Italic Font Style to Regular Style 
9

In some current regulations, the italic font is used for the purpose of identifying terms that are 

defined in the subject regulations. In other regulations, the italic font is used for other purposes, 

such as emphasis. Under this SIP revision, the italic font is no longer used. This change is not 

indicated by strikeouts and underlines (e.g., emissions emissions) in the revised regulations, since 

such change does not alter any meaning of the terms themselves and their contexts in any aspect. 

 c. Renumbering Tables and Equations 

Tables or equations in the current AQM regulations are numbered in various ways. Under this 

SIP revision, a standard format of “X-Y” is adopted for all tables and equations, with X denoting 

a section and Y denoting table or equation order in that section. For example, the following 

changes are made in Section 7 of Regulation 17 and Section 1 of Regulation 41, for table number 

and equation number, respectively: 

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

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

VecVwVmWecWwWsContentVOC−−−−= (1-1) 

When tables or equations appear in an appendix, they are also numbered with the standard format 

of “X-Y”, where X denoting the appendix (A, B, ...etc. See 3.5 of this SIP revision) and Y 

denoting table or equation order in the appendix. For example, the 3

rd 

equation in Appendix A is 

numbered as “A-3”. 

 d. Dates Associated with Section Titles 

Historically, all Delaware AQM regulations have placed a date, in the format of “mm/dd/yy” or 

“mm/dd/yyyy,” immediately in front of or after a section title, indicating the date when the 

subject section was adopted in its latest version. Those dates are mainly for record purpose. It is 

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

regulation. Therefore, new requirements and supporting data are reflected only in the newlyadopted section or sections . It is determined, under this SIP revision, that those dates are 

maintained in all AQM regulations, in a consistent format of “mm/dd/yyyy.” 

 e. Appendices

(1). Numbering Appendices

Appendices in a regulation are numbered using capital letters (A, B, ...) under this SIP revision. 

In Regulation 24, the current Appendices are numbered with capital letters in double quotation 

marks (e.g., Appendix “A”). All Appendices in Regulation 24 are renumbered with un-quoted 

capital letters under this SIP revision, without strikeouts and underlines (e.g., “A” A).
10

In addition, all Appendices of AQM regulations are identified using bold-face (i.e., Appendix) 

under this SIP revision, to distinguish them from Appendices of other documents cited in the 

AQM regulations. 

(2). Footnotes in Appendices

According to the 2006 Manual, footnotes should be presented at the end of a regulation. For 

Appendices, however, footnotes are placed at the end of each appendix under this SIP revision. 

For example, footnotes used in an appendix of Regulation 24 are presented at the end of the 

subject appendix, instead of at the far end of the entire regulation. 

(3). References in Appendices

References in an appendix are no longer denoted by superscripts (i.e., 

1, 2,

...) under this SIP 

revision. Instead, a directing text in parenthesis “(see # of this appendix)” is used, where “#” is 

the order number of the reference listed at the end of the appendix. 

 f. Other Changes 

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

clarification purposes. The changes are indicated by strikeouts and underlines, and are selfexplanatory. The following is an example: 

12.8 through 12.10 [Reserved] 

12.8 [Reserved] 

12.9 [Reserved] 

12.10 [Reserved]

4. Correction of Errors 

Correction of errors under this SIP revision is self-explanatory. For example, the following 

correction is made in 2.3 of Regulation 9: 

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

Examples of other self-explanatory corrections under this SIP revision include: 

• Correcting “cm3” to “cm

3

”; 

• Correcting “the 31st” to “the 31

st

”. 

The above superscript or subscript corrections are not indicated with strikeouts and underlines 

in this SIP revision, since such corrections do not alter any meaning of the subjects in any

aspect.
11

III. EPA Evaluation

EPA agrees with Delaware’s assessment that these administrative changes, non-substantive 

changes and corrections of errors do not alter either the regulatory features or the stringency of 

individual regulations, such as effective date, applicability, regulatory emissions limit and 

requirement, compliance schedule, and enforcement procedures. As a result of this approval 

action, the format of Federally enforceable SIP regulations will be consistent with the current 

Delaware AQM regulations. EPA’s approval action does not revise the following sections of 

Regulations 1113, 1141, 1144, 1146, and 1148, as previous EPA SIP approvals had already

incorporated these administrative and nonsubstantive changes:

Regulation 1113, Sections 1.0, 2.0 and 7.0.

Regulation 1132, Section 1.0.

Regulation 1141, Section 2.0.

Regulation 1144, Sections 4.0, 5.0, 6.0 and 9.0. 

Regulation 1146, Section 2.0 and Table 5-1.

Regulation 1148, Sections 1.0 and 6.0.

EPA’s approval of the definitions in Regulation 1101 consists of only those terms which EPA 

has previously approved and incorporated by reference (IBR) into the Delaware SIP. Also, in a 

separate action, EPA will review the administrative revisions to Regulation 1102, Appendix A, 

paragraphs 32.0 and 33.0 as part of our review of the substantive revision for these paragraphs, 

which Delaware had submitted on November 1, 2007. 

EPA’s approval action includes the removal of two former SIP requirements codified in 

Delaware Regulation 1124: Section 39 (Control of Perchlorethylene from Dry Cleaning 

Operations) and Appendices J1, J1, J2, and J3 (Test Methods for Stage II Vapor Recovery). On 

March 14, 1999 (64 FR 12085), EPA approved Delaware's revised definition of "volatile organic 

compound" which specifically exempts perchloroethylene as being a VOC compound. Similarly, 

on November 14, 2003 (68 FR 64540), EPA approved Delaware's adoption of the California Air 

Resources Board (CARB) test methods for Stage II vapor recovery systems. Delaware DNREC 

included documentation in its SIP submittal (April 12, 2002) indicating that the CARB test 

methods were meant to supersede the Stage II vapor recovery test methods that existed in 

Regulation 1124, Appendices J, J1, J2 and J3. Therefore, EPA considers these removal actions 

to be administrative in nature and a not substantive SIP revision.

IV. Conclusion

EPA recommends approval of the above-described revisions to the Delaware SIP, because they

allow the format of Federally enforceable SIP regulations to be consistent with the current 

Delaware regulations. Because EPA considers these revisions to meet all applicable Agency

criteria, and because EPA expects no adverse or critical comments, EPA will announce its 

decision in a Direct Final Rulemaking/Proposed Rulemaking action.