SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

(in accordance with 40 CFR Part 51 - App. V)

SIP Submitted by: Delaware Department of Natural Resources and Environmental Control

Date Submitted: March 27, 2013

Subject: Clean Air Act Section 110 Infrastructure Elements for the 2010 Nitrogen Dioxide National Ambient Air 

Quality Standards

Completeness Review 

Completed by: Rose Quinto

Date Completed: May 13, 2013

Administrative Materials

 ACCEPTABLE

EPA REQUIREMENT STATE SUBMITTAL (X)

1. A formal letter of submittal from the Governor or his designee, 

requesting EPA approval of the plan or revision thereof.

1. Letter dated March 27, 2013 from Collin P. O’Mara, 

Secretary, Delaware Department of Natural Resources & 

Environmental Control to Shawn M. Garvin, EPA Regional 

Administrator.

X

2. Evidence that the State has adopted the plan in the State code or 

body of regulations; or issued the permit, order, consent agreement 

in final form. That evidence shall include the date of adoption or 

final issuance as well as the effective date of the plan, if different 

from the adoption/issuance date.

2. The Secretary’s Order has an issuance date of March 7, 2013, 

effective date April 11, 2013. The Order was signed by the 

Secretary on April 11, 2013.

X

3. Evidence that the State has the necessary legal authority under 

State law to adopt and implement the plan.

3. Delaware has legal authority to adopt this regulation under 

Title 7, Delaware Code, Chapter 60.

X
EPA REQUIREMENT STATE SUBMITTAL (X)

4. A copy of actual regulation, or document submitted for approval 

and incorporation by reference into the plan, including indication of 

the changes made to the existing approved plan, where applicable. 

The submittal shall be a copy of the official State 

regulation/document signed, stamped, dated by the appropriate State 

official indicating that it is fully enforceable by the State. The 

effective date of the regulation/document shall, whenever possible, 

be indicated in the document itself.

4. Document entitled, “Implementation, Maintenance and 

Enforcement of National Ambient Air Quality Standards, State 

Implementation Plan Revision to Address Clean Air Act Section 

110 Infrastructure Elements for the 2010 Nitrogen Dioxide 

NAAQS,” effective April 11, 2013. Cover letter dated March 

27, 2013, transmitting the document has an effective date of 

April 11, 2013.

X

5. Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution in conducting and 

completing the adoption/issuance of the plan.

5. Secretary’s Order No. 2013-A-0007 dated March 7, 2013. 

Cover letter transmitting the SIP revision dated March 27, 2013. 

Copy of public hearing notices. Certification of public hearing 

notice.

X

6. Evidence that public notice was given of the proposed change 

consistent with procedures approved by EPA, including the date of 

publication of such notice.

6. Affidavit of publications dated November 28, 2012 from two 

local newspapers: The News Journal and Independent 

Newsmedia, Inc., USA.

X

7. Certification that public hearings were held in accordance with 

the information provided in the public notice and the State's laws 

and constitution, if applicable.

7. Certification dated March 22, 2013 signed by the Director, 

Division of Air Quality. Public hearing was held on January 3, 

2013.

X

8. Compilation of public comments and the State's response thereto. 8. Hearing Officer’s Report dated February 11, 2013. X
Technical Materials

EPA REQUIREMENT STATE SUBMITTAL (X)

1. Identification of all regulated pollutants affected by the plan. 1. 2010 nitrogen dioxide NAAQS. X

2. Identification of the locations of affected sources including the 

EPA attainment/nonattainment designation of the locations and the 

status of the attainment plan for the affected area(s).

2. State of Delaware. 

 X

3. Quantification of the changes in plan allowable emissions from the 

affected sources; estimates of changes in current actual emissions 

from affected sources or, where appropriate, quantification of 

changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and 

allowable emissions anticipated as a result of the revision.

3. N/A. The SIP revision addresses the requirements of CAA 

§110 infrastructure elements for the 2010 NO2 NAAQS.

X

4. The State's demonstration that the national ambient air quality

standards, prevention of significant deterioration increments, 

reasonable further progress demonstration, and visibility, as 

applicable, are protected if the plan is approved and implemented. 

4. N/A. The SIP revision addresses the requirements of CAA 

§110 infrastructure elements for the 2010 NO2 NAAQS.

 X

5. Modeling information required to support the proposed revision, 

including input data, output data, models used, ambient monitoring 

data used, meteorological data used, justification for use of offsite 

data (where used), modes of models used, assumptions, and other 

information relevant to the determination of adequacy of the 

modeling analysis.

5. N/A. The SIP revision addresses the requirements of CAA 

§110 infrastructure elements for the 2010 NO2 NAAQS.

 X

6. Evidence, where necessary, that emission limitations are based on 

continuous emission reduction technology.

6. N/A. The SIP revision addresses the requirements of CAA 

§110 infrastructure elements for the 2010 NO2 NAAQS.

 X
EPA REQUIREMENT STATE SUBMITTAL (X)

7. Evidence that the plan contains emission limitations, work practice 

standards and recordkeeping/reporting requirements, where 

necessary, to ensure emission levels.

7. N/A. The SIP revision addresses the requirements of CAA 

§110 infrastructure elements for the 2010 NO2 NAAQS.

 X

8. Compliance/enforcement strategies, including how compliance 

will be determined in practice.

8. N/A. The SIP revision addresses the requirements of CAA 

§110 infrastructure elements for the 2010 NO2 NAAQS.

 X

9. Special economic and technological justifications required by any 

applicable EPA policies. (If a policy is not appropriate, explain why.)

9. N/A. No special justifications are required. X

10. A Section 107 request must be accompanied by a maintenance 

plan demonstrating maintenance to the relevant NAAQS for at least 

10 years after redesignation.

10. N/A. This SIP revision is not a section 107 request. X