UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103
DATE: July

1 3 , 2010 SUBJECT: Delaware

- Administrative and Nonsubstantive Changes to Existing Delaware SI P

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. Backg round On June 15, 2009 , the State of Delaware submitted a formal revision to its State I mplementation Plan (SI P). T he revisions streamline, renumber and reformat 32 Delaware Regulations for the Control of Air Pollution which EPA has approved as part of the Delaware SI P. This SI P vision is administrative in nature

- there are no substantive changes. Inits SI P 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 SI P regulations have been formatted to comply

with the standards specified in the manual. However, a majority of the Delaware SI P regulations have not been updated. II. S ummary of SIP Revision A. Purpose and Overview2

The purpose of this SI P revision is to make all Delaware SI P regulations consistent with the 2006 Manual. Inaddition , Delaware has made some non - substantive changes and corrections of errors e xclusively

for this SI P 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 for mat. • 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 ty pos or misprints when a re gulation was developed or revised to its current version. Delaware explains that t hese administrative changes, non

- substantive changes and corrections of errors do not alter regulatory features of individual regulations, such as effective date, applicabi lity , regulatory

limit and requirement, compliance schedule, enforcement procedures, etc.
B . SIP regulations revised by this SIP revision The 32 approved SI P regulations which Delaware has submitted to EPA in this SI P revision are listed a s 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 Emissio ns From I ndustrial 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 I ndustrial Operations”; • Regulation 10 “Control of Sulfur Dioxide Emissions

— Kent and Sussex Counties”; • Regulation 11 “Carbon Monoxide Emissions From Industrial Process Operations New Castle County ”; • R egulation 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” ;3

• 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* “Requirement s 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 Acti ons to the State I mplementation Plans”; • Regulation 39 “Nitrogen Oxides (NOx) Budget Trading Program”; • Regulation 40 “Delaware's National Low Emission Vehicle (NLEV) Regulation”; • Regulation 41 “L imiting Emissions of Volatile Organic Compounds From Consumer and C ommercial Products”; • Regulation 11 42 * “Specific Emission Control Requirements (Section 1 .0 )”; • Regulation 1144* “Control of Stationary Generator Emissions” ; • Regulation 1145 “ Excessive I dling of Heavy Duty Vehicles” ;
• Regulation 1146 “Electric Generating Unit (EGU) Multi

- Pollutant Regulation” ; • Regulation 1148 “Control of Stationary Combustion Turbine Electri c 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 SI P regulations (or sections) are not included in this SI P revision: • Regulation 31 “L ow Enhanced Inspection and Maintenance Program”; • Reg ulation 37 “NO x Budget Program”; Regulation 31 is not included because it is currently u nder substantive revision. Regulation 37 is not included because it is no longer State enforceable. Many current SI P regulations have citations of the F ederal laws and documents (such the Clean Air Act, the Federal Register , and the Code of Federal Regulations). Some regulations contain appendi c es that are adopted directly from F ederal documents, and documents of other state agencies, or other sources. Incases 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 D elaware ’s administrative changes, non

- substantive changes and corrections describ ed in this SI P 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 SI P revision , be cause they deal with air quality i ssues 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”; • Regula tion 29 “Emissions from I ncineration of Infectious Waste”; • Regulation 30 “Title V State Operating Permit Program”; • Regulation 33 “Motor Vehicle Pressure Test and Emission Control Device I nspection Program” (Replaced by

Regulation 31); • Regulat ion 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 SI P regulations. Therefore, they are not included in this SI P 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 O ffice 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 SI P submittal, as they are not currently

part of the Delaware SI P: Regulation 1101, Section 2.0

– those definitions not associated with SI P
- 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 Size5

The 2006 Manual specifies that all Delaware regulations be drafted in Ar ial font face and 12

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

- point font size under this SI P 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 sy stem, all AQM regulations should be under “Title 7 DNREC, 1100 Air Quality Management Section” and be coded with four di gits 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 REGUL ATI ON NO. 1 1101 DEFINITIONS AND ADMINISTRATIVE PRINCIPLES Under this SI P revision, all revised regulations use a bold

- face text for their titles. Incase 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 . Form at 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 SI P revision, using “heat in put” as an example, with strikeouts representing deletions and underlines for additions: “Heat input” HEAT I

NPUT: The means the potential thermal energy resulting from the complete combustion of any fuel. Insome regulations, such as in Regulation No. 12, the terms to be defined are not bolded, but are in the standard format already

. Inthose 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 ter

ms 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 SI P revision: (1) All prefixes of “Sectio n - ” in section title lines are deleted; (2) Sections are numbered using a consistent format of Arabic numeral “#.0”. A majority

of the current SI P regulations have subsections of various levels, and use different sy mbols for subsections, such as lower

- ca se 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 sy mbols in the c urrent AQM regulations are replaced by Arabic numbers under this SI P 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 revis ed regulations. Inthose 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 Acc ording 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 SI P revision). Therefore, citations of another regulation are revised to t he 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
. Inseveral AQM r egulations, 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 com mon 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 SI P revision, using Title 29 of Delaware Code, Chapter 80 as an example: ...as defined in 29 D el. C. , Ch 80 ... Incases 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
. Inaddition, the sy mbol “§” 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 SI P 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 sy

mbols 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 ye ars after the effective date ... ... 5 % percent o f the emissions ...

... twenty percent 20% of the emissions ... f. Chang ing “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. Chang ing 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 Ina current AQM regulation, its sections and subsections may be referenced frequently

in the regulation itself. Inaddition, 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 Inthe current regulations, terms such “s ection, 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 sub

subsections. Inaddition , the term “paragraph” is used for sections and subsections which contain multiple paragraphs. Under this SI P revision, terms “section, subsection, part, subpart, paragraph, and subparagraph” are no longer used in front of section or subsection numbers. E xamples include: ...pursuant to section 5(a)(i)(1)A 5.1.1.1.1 of this regulation

... (See also 2.4 of this SI P revision.) ... to meet the requirements of Section 112(i)(1) of the Act

... (See also 1.3 of this SI P revision.)

(3) . Deleting Specific Section a nd 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 SI P revision. See example below, where “6.1” is deleted since it was to denote a s ingle 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 Style9

Insome current regulations, the italic font is used for the purpose of identifying terms that are defined in the subject regulations. Inother regulations, the italic font is used for other purposes, such as emphasis. Under this SI P 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 way s. Under this SI P 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 Sec tion 7 of Regulation 17 and Section 1 of Regulation 41, for table number and equation number, respectively : TABLE 7.2

– 1 7
- 1 . ESTI MATED EMI SSI ONS METHOD CODE 1.6.1.1 ... Determine the VOC content using equation 1
- 1 as follows: VecVwVmWecWwWsContent VOC −−−−= ( 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 SI P 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/y y” or “mm/dd/y

yyy, ” immediately

in front of or after a sec tion title, indicating the date when the subject section was adopted in its latest version. Those dates are mainly for record purpose. I t is oftentimes necessary

to revise or update only

individual section or sections, but not the whole regulation. There fore, new requirements and supporting data are reflected only in the newly

adopted section or sections . I t is determined, under this SI P revision, that those dates are maintained in all AQM regulations, in a consistent format of “mm/dd/y yyy. ”
e . App endices (1) . Numbering Appendices Appendices in a regulation are numbered using capital letters (A, B, ...) under this SI P revision. InRegulation 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 SI P revision, without strikeouts and underlines (e.g., “A” A ).10

Inaddition, all Appendices of AQM regulations are identified using bold

- face (i.e., Appendix ) under this SI P 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, footn otes are placed at the end of each appendix under this SI P 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 Appe ndices References in an appendix are no longer denoted by superscripts (i.e., 1, 2, ...) under this SI P revision. In stead, a directing text in parenthesis “(see # of this appendix)” is used, where “#” is the order number of the reference listed at the end o f the appendix. f . Other Changes Other non

- substantive changes are made under this SI P revision, mainly for consistency

and clarification purposes. The changes are indicated by strikeouts and underlines, and are self

explanatory

. The following is an example: 12.8 through 12.10 [Reserved] 12.8 [Reserved] 12.9 [Reserved] 12.10 [Reserved] 4 . Correction of Errors Correction of errors under this SI P revision is self

- explanatory

. For example, the following correction is made in 2.3 of Regulati on 9: ...shall not apply ... to petroleum storage and transfer facilities. Examples of other self

- explanatory

corrections under this SI P revision include: • Correcting “cm3” to “cm 3 ”; • Correcting “the 31st” to “the 31 st ”. The above superscript or subsc ript corrections are not indicated with strikeouts and underlines in this SI P 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 en forcement procedures. As a result of this approval action, the format of Federally enforceable SI P 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 SI P approvals had already incorporated these administrative and nonsubstantive changes:

Regulation 1113, Sections 1.0, 2.0 and 7.0. Regulation 113 2 , 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 consist s of only those terms which EPA has previously

approved and incorporated by re ference (I BR) into the Delaware SI P. 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 h ad submitted on November 1, 2007. EPA’s approval action includes the removal of two former SI P requirements codified in Delaware Regulation 1124: Section 39 (Control of Perchlorethylene from Dry Cleaning Operations) and Appendices J1, J1, J2, and J3 (Te st Methods for Stage I I 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 I I vapor recovery sy stems. Delaware DNREC included documentation in its SI P submittal (April 12, 2002) indicating that the CARB test methods we re meant to supersede the Stage I I vapor recovery test methods that existed in Regulation 1124, Appendices J, J1, J2 and J3. Th erefore , EPA considers th ese removal actions to be administrative in nature and a not substantive SI P revision. IV . Conclusion EPA recommends approval of the above

- described revisions to the Delaware SI P , because they allow the format of Federally e nforceable SI P 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.