February 17,2014

Mr. Shawn Garvin, Regional Administrator

U. S. Environmental Protection Agency, Region III

1650 Arch Street

Philadelphia, PA I 9 I 03-2029

Dear Mr. Garvin:

I am pleased to submit the enclosed revision to Delaware's State Implementation Plan. 'Ihe revision

is to 7 DE Admin. Code I 100, which is a result of "Executive Order 36 Report to the Office of the

Governor" which showed regulations that needed to be amended or repealed. Three public hearings wereconducted to address the changes recommended in the Executive Order. This submittal pertains to 7 Del.

Admin. Code I103 - AMBIENT AIR QUAI.ITY STANDARDS. The revisions bring the regulatory

standards up-to-date with current federal requirements. The effective date oflthis amendment is January I l,2014.

The requirements of the CAA Section I l0(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 for the publichearing. lt is the position of the State of Delaware that all minimum requirements set forth in the 1990 Clean

Air Act Amendments have been met.

Also enclosed with this submittal is a CD which contains an exact duplicate of the hard copy

material submitted with this SIP revision package.

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

Amie Howell, w/o encl.

Diana Esher, EPA w/encl.

Ali Mirzakhalili

i-.r I ¿1"',ii1¡ ''1,
t/l 1/20111,0 Gencral Provisions

l.l Air quality slandards are required to assure that ambient air quality shall be consistent

with esrablished criteria and shall serve to effectively and reasonably n.ranage the airresources of the State of I)elawale.

1.1.1 Primary ail quality standards provide public health pl.otection, including

protecting the health of sensitive populations such as asthmatics, ohildren" and theelderly.

1.1-2 Secondary air quality standards provide public welfare protection, including

proteotion against decreased visibility and damage to ct'ops, animals. vegelatiolr,and builditrgs.

1.2 At such time as additional pertinent information becomes available with respect to

applicable air quality ctiteria, recornmendalions shall be incorporated and the air qualitystandalds shall hc subjcct to rL'visions.

1.3 The absence ol'a specific ambient air quality standard shall not preclude actions by the

Departmenl to control contaminants to assure pl'otection, safety, welfare, and comfort of

the people ofthe State of Delaware.

1.4 Air quality standards are defined by frequenoy distribution presentations and arithmetic

averages. The characteristic parameters describing the frequency distribution ale the

geometric mean and 99th percentile.

1.4.1 The geolnetric mean is defìned as the Nth root of the product of N numbers.

Assuming a log-normal cumulative frequency distribution, the 50th pelcenlile

value will be equal to llie geometric rnean.

1.4-2 The arithmetic average mean is defined as the sum ofa set ofvalues divided by

the number of values.
1.6

'I'he sampling and analytical procedurcs and techniques employed to delermine arnbietlt

air concentrations of contaminants shall be consistent with mcthods which result in arcpresentative evaluation of the prevailing couditions. The following methods shall beused dilectly or employed as reference slandards against which other methods rnay becalibrated;

I.6.1 Anbient concentrations oftotal suspcnded particulates shall be determined by the

refercnce high volurne method in accordance with 40 CFR, Part 50, Appendix B,Relerence Method for the Determination of Suspended Palticulate Matter in the

Alnrosphere (High-Volume Method), Aprtl 22, 1983.

1.6.2 Ambient concentrations of sulfìrr dioxide shall be determined by the refereuce or

equivalent method in accordance with 40 CFR, Part 50, Appendix.A-1, RefelenceMethod Principle and Calibratiou Pt'ocedure for the Measulerneut of SulfutDioxide in the Atmosphere (Ultraviolet F'luorescence Method), June 22, 2010, or

40 CFR, Parl 50, Appendix A-2, Referenoe Method for the Measulement of

Sulfur Dioxide in the Atmosphere (Pararosaniline Method), June 22,2010.

1.6.3 Ambienl concentrations of carbon monoxide shall be detelnined by the reference

method in accordance with 40 CIrR, Part 50, Appendix C, Measurement Principleand Caliblation Procedure for the Measurement of Carbon Monoxide in theAtmosphere (Non-Dispersive Infraled Photometry. August 31, 201 1.

1.6.4 Arnbient concentrations of ozone corrected for inlerfet'euces due to nitrogen

oxides and sulfur dioxide shall be determined by the refèrence method in

accordanoe with 40 CFR, Part 50, Appendix D, Measurement Principle and

Calibratiou Procedure for the Measuremenl of Ozone in the Atmosphere, July 18,

1997.

1.6.5 Ambient concentrations of melhane and non¡nelhane hydrocarbons shall be

determined by the reference method iu acoordauce with 40 CFR, Part 50,Appendix E, June 29, 1979.
1.6.8 Ambient concentralions of lead shall be determined by the refelence urethod in

accordance with 40 CFR, Part 50, Appendix G, Reference Melhod fol theDetermination of l,ead in Total Suspended Particulate Matter August 2,2013.

1.6.9 Ambieif concentrations of PMro particulate shall be determined by a reference

method in accordance with 40 CFR, Part 50. Appendix J, Refèrence Melhod for

the Determination of Particulate Matter as PM¡6 in the Atmosphele, Augnst 7,

1987, or an equivalent method.

1.6.10 Ambient concentrations of PMzs particulate shall be determined by the reference

method based on 40 CFR, Parl 50, Appendix L, Reference Method for theDetermination of Fine Particulate Mattel as PMz s in the Atmosphere, Octobel 17,2006.

Air quality standards are expressed in metric units with the approximate equivalentvolumetric units in parentheses. The standard conditions for air ambient monitoring is760 mm. [Ig and 25oC. The formula to convert metric units to parts per million (ppm) is:

ppm(vol) = Hg/mr x 0 024465 mg/m3x244û5x1tJ4 MW

where MW is moleculal weight of the contaminant being measured.

02101/1981

2.0 Gencral Iìestrictions

No person shall cause the air quality standards specified in this Regulation to be

exceeded.

02/01/1981

3.0 Suspcnded Particulates

1.7

OT
per year, based upon 24 hour average concentrations.

3.2 The Secondary Arnbient Ail Quality Standards for Particulale Matter are:

3.2.1, An annual geometric mean of 60 micrograms per oubic n'ìeter as a guideline f'or

achieving the secondary standard based upon 24 hour average coucentratious.

3.2.2 A value of 150 micrograms per cubic meter not to be exceeded tnore thau onoe

per year, based upon 24 hour average concentrations.

t/t I/2011

4.0 Sulfur Dioxidc

4.1. 'l'he national primary l-hour air quality standard for oxides of sulfur is 75 parts per

billion (ppb) measured in the ambient air as sulfur dioxide. 'l'he l-honl ambient air

qr.rality standard is met when the three-year average ofthe annual (991Ì' percentile) of thedaily maximum 1-hour average concentration is less than or equal to 75 ppb.4.1.1. Compliance with the national prirnary 1-hour air quality standard is detetmined in

accordance with 40 CFR Part 50 Appendix T, Interpretation of the Pt'imaly

National Ambient Air Quality Standards fol Oxides of Sulfur (Sulfur- Dioxide),

June 23 

, 

2010.

4.1 .2. The national prir.r.rary 1-hour air quality standard fol oxides of sulfur is set forth in

40 CFR Part 50.17, National Primary Ambient Ail Qr"rality Slandards for Sulfur'Oxides (Sulfur Dioxide), June 22,2010.

4.2 The 24hour plimary nalional arnbient air quality standald fol oxides of sulfur is 0.14

parts pel million (ppm), no1 to be exceeded more thau once per calendar yeat.4.2.1 Compliance with the national 24-hour prirnaly atnbient ail quality slandard for

oxidcs of'sullil is deten.nined in accordance with 40 CFR Part 50, Appendix A-1,

Ref'erence Melhod Principle and Calibration Plocedule fot the Measurement of
4.3

The national prirnary annual arnbienl air quality standald fol sulfur oxides of 0.030 parts

per nrillion (ppm), annual arithmelic mean, shall not be exceeded.

4.3.1 Compliance with the national annual primary ambient ail quality standard for

oxides of sulfur is detemrined in accordance with 40 CFR Part 50, Appendix A-1,

I{eference Method Principle ancl Calibration Procedure l'ol the Measuremenf of

Sulfur Dioxide in the Atmosphere (Ultraviolet Fluorescence Method), June 22,2010, or 40 CFR, Pail 50, Appendix A-2, Reference Method for the Measurement

of Sulfur Dioxide in the Atmosphere (Pararosaniline Method), Ju¡e 22,2010.

4.3.2 The national primary annual ambient air quality standard for sulfur oxides is set

forth in 40 CFR Part 50.4, National Primary Ambient Air Quality Standards for'

Sulfur Oxides (Sulfur Dioxide), Iune 22,2010.

The national secondary 3'hour ambient air quality standard for sulfur oxides is 0.5 parts

per million (ppm), not to be exceeded more than once per calendar year.4.4.1 Compliance with the national secondary 3-hour anrbient air quality standard for'

oxides of sulfur is determined in accordance with 40 CFR Part 50, Appendix A-1,Refèrence Method Principle and Calibration Procedure lor the Measurement of

Sulfur Dioxide in the Atmosphere ([Jltraviolet Fluorcscence Method), Iune 22,

2010. or 40 CFR, Parl 50. Appendix A-2, Reference Method lòr the Measurement

of Sulfur Dioxide in the Atmosphele (Paralosaniline Method), June 22,2010.

4.4.2 'lhe national secondary 3-hour ambient air quality standard for sulfur oxides is set

forth in 40 CF'R Part 50.5, National Secondary Ambient Air Quality Standard for

Sulfur Oxides (Sulful Dioxide),May 22,1996.

4.4

02/01/1981

5.0 Carbon Monoxide
6.1

1/1 I /201 I

6,0 Ozone

0210111981

7.0 Hydrocarbons

The l-hour prirnary and secondary nationai ambient air quality slandard f'or ozone is 235

y,glm3 70.12 ppnr). The plimary and secondary ozone ambient ail quality standards are

met when the number of days per calendar year with uraximum hourly avelageconcenlrations above 235 ÞElm3 19.12 ppm) is equal to or less than l, as deterr.nined by40 CIrR Part 50, Appendix H, Interpretation of the l-hour Plinraly and Secondary

National Ambient Ail Quality Standards for Ozone, July 18, 1991 . 'lhe lhour primary

and secondary national ambient ail quality standards are set forth in 40 CFI{ Patl 50.9,

National l Jroul Plimary and Secondaly Ambient Air Quality Standards for Ozone, May

14,2012.

The 8-hour primary and secondary national ambient air quality standatd for ozone is0.075 parts per million (ppm). The primary and secondary ozoue ambient air qualitystandards are met when the 3-year average of the annual fourlh-highest daily maximum8hour average ozone concentratiol.r is less than or equal to 0.075 ppb, as determined in

accordance with 40 CFR Part 50, Appendix P, Interpretation of the Plimary and

Secondary Ail quality Standards for Ozone, May 27, 2008. 'Ihe 8-hor.tr primary ald

secondary ozone standards ate set fofih in 40 CFR Part 50.15, Nalional Ptimary andSecondary Air Standards for Ozone, May 27 ,2008.

6.2

/.1 'lhe hydrocarbons standard in 7.2 of this legulation is for use as a guide in devising

implementation plans 1o achieve the ozone staudard.

The average concentration of hydlocarbons. exclusive of methane, taken ovel a three

hour peliod fi'om 6 to 9 a.m." local 1ime. shall no1 exceed 160 rnicrograms per cubic meler(0.24 ppm) more than once pel year.

7.2
8.1.1 The plirnary l-hour air quality standard lor oxides of nitrogen is 100 parts per'

billion (ppb), l-hour average concentration, measured in the ambient air as

nilrogen dioxide. Compliance with the I-hour standard is demonstrated when the

three-year average of the 9811' percentile of the daily maxit'num 1-hour average

concentration is less than or equal to 100 ppb, as detelllined with 40 CFR Parl 50,

Appendix S, Interpretation of the Primary Air Quality Standards for Oxides of

Nitrogen Qrlitrogen Dioxide), February 9, 2010.

8.1.2 The primary annual air qualily standard for oxides ol nitrogeu is 53 patts per

billion (ppb), annual average concentration, measured in the ambient air as

nitrogen dioxide. The primary annual air quality standard is demorrstraled when

the average annual concentration in a calendar year is less than or equal to 53 ppb,as determined with 40 CFR Part 50, Appendix S, lnterpretation of the Primary AirQuality Standards lòr Oxides of Nitrogen (Nitrogen Dioxide), February 9,2010.

8.1.3 The seoondary annual air quality standard for oxides of nitrogen is 53 parls per

billion (ppb), amrual arithmetic mean ooncentration, measuled in the ambient airas nitrogen dioxide. The secondary ambient air quality standard is demonstrated

when the annual arithmetic mean concentration in a calendar year is less than orequal to 0.053 ppm. To demonstrate attainmerìt, an annual lnean must be based

upon hourly data that are at least 75 percent complete or upon data derived frommanual methods that al'e at least 75 percent cotnplete for the scheduled samplingdays in each calendar quarter.

'fhe primaly and secondary air quality standalds fol nitrogen dioxide ale as set fotth in 40

CFR Part 50.I 1, F'ebruary 9,2010-

0210111981

9.0 Hydrogcn Sulfidc9.1 'Ihe avelage concenlration of hydrogen sulfide taken over any consecutive three rninutes

shall not exceed 0.06 ppm.

8.2
compounds are 0.15 micrograms pel oubic meter (pg/m3). arithmetic meatì corcentration ovet a

3-mon1h period measured in the ambienl air as Pb. The nalional prirnary and secondary ait'

quality standards are set forlh in 40 CFR Part 50.16, National Plimary and Secondary Ambient

Air Quality Slandards for Lead. November 12,2008.

l/l 1/2014I 1.0 PMro and PMz.< Particulatcs

lt.1 The Primary and Secondaly Ambient Air Quality Standards for Particulate Matter',

measured as PMto are:

11.1.1 The primary and secondary air quality standards for PMro are 150 micrograms per

oubic meter (pglm'), 24 hour average concentration. 'fhe standards ate attained

when the expected number of days per calendar year with a 24-hour avetageconcentration above 150 pg/m3, as determined in accordance with 40 CFR, Part

50, Appendix K, Interpretation of the National Ambient Air Quality Standards for

Particulate Matter, Oclober 17,2006, is equal to or less than one. The national

primary and secondary air quality standards ale set foflh in 40 CFR Parl 50.6,

National Primary and Secondary Ambient Air Quality Standards for PM¡6

I 1.1.2 Reserved

I 1 .2 The Primaly and Secondary Ambient Air Quality Standalds for Particulate Matter,

measured as PM2 s are:

1 1 .2.1 The 24hour primary and secondary air quality standard is 35 micrograrns per

cubic rnetel (pg/n-t'), 24J.rour average concentration. 'ìlhe 24-hour primary andsecondat y PM: s slar.rdards al'e met when the 98tÌt percentile 24-hour

conoentration, as delermined in accordance with 40 CFR, Part 50, Appendix N,Interpretation of the National Arnbient Air Quality Standards fot PM2 5, .Ianuary

15,2013, is less than or equal 1o 6i35 pg/ml. The national 24-hour hour primary

and secondaly air quality slandards arc set forth in 40 CFR Part 50.13, Nalional

Primary and Secondary Air Quality Standalds for PMz s, October 17,2006.
are se1 l'orth in 40 CFR Palt 50.18, National Primary and Secondary Air Qualily

Standatds lòr' PMz.s. January 15,2013.

1l.2.3 The secondaly annual ail quality standard is 15.0 micrograms per cubic netet'

(pglrn3) amlral arithrnetic mean concentration. The annual secondary PM2 5standards ale met when the ar.rnual alithmetic mean conceÍìtration, as detelminedin accoldance with 40 CFR, Parl 50, Appendix N, Interpretation ol'the National

Ambienl Air Quality Standards fol PMz s. January 15, 2013, is less than ot equalto 15.0 ¡Lg/m3. 'I'he national annual plimary and seconclary air quality standardsare set forth in 40 CF'R Part 50.13. National Primary and Secoudary Air Quality

Standards for PMz ¡. October 17,2006.

RE:

Secretary's Order No.: 2013-A-0040

Approving Final Regulations to 7 DE Admin. Code 1103

(Ambient Aír Quality Standords)

(pursuant to 8.O.36 DNREC Regulatory Review)

Date of Issuance: November 15, 2013

Bffective Date of the Amendment: January 11,,2014

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

Resources and Environmental Control ("Department" or "DNREC") the followingflrndings, reasons and conclusions are entered as an Order of the Secretary in the abovereferenced rulemaking proceeding.

Background and Procedural History

This Order considers proposed revised regulations to amend 7 DE Admin. Code

ll03 (Ambient Air Quality Standards), as a result of the Department's exhaustive review

of its existing regulations, pursuant to Governor Markell's Executive Order No. 36(hereinafter referred to as "8.O. 36"). In June of 2012, Governor Markell issued E.O. 36,which directed all state agencies, including DNREC, to perform a ftrcused review of their

existing. older regulations, iderrtify and remove regulatory hurdles. and modernize and

streamline any regulations that may be outdated or uffrecessarily burdensome, while
original purpose for which they were adopted, and to provide for improvcmenls. To that

end, the Department's Division of Air Quality (.'DAQ) identified 7 Dll Admin. Code

1703, Antbienl Air Quality Standards, as an existing, older legulation which requiled

revision at this time.

Revisions arc being proposed at this time to 7 DE Admin. Code 1103, Ambienl

Air Quality Standards, in order to bring the cxisting regulatory slandards up-to-date with

current federal requirements. 'I'his parlicular air regulation currently contains outdatcdtest methods and emissions standards. This requiles cilizens and industry to review bolh

state legulations and federal regulations, and to leconoile the two, in order to understand

the requirements thal apply here in Delaware. This could also lead to state and federal

requirements being incorlectly applied. This unnecessary regulatory burden will beeliminated with the Department's proposed revisions to 7 DB Admin. Code 1103.

Additionally, the revised regulation will also be subrnitted to the U.S. BnvironmentalProtection Agency ("EPA") as a revision to Delawate's State Irnplen.rentation Planc'srP').

The Department's Division of Air Quality commenced the regulatory

development process with Start Action Notice 2013-16 (8.0.36). 'Ihe Departmentpublished ifs initial ploposed regulalion Amendments in the July 1, 2013 Delaware

llegisler of llegulalion,s, and held a public hearing on August 1, 2013.
typographical errc¡rs and ptovide additional clarity without changing the intent of the

proposed amendment. A1'tel review, the Department's Division oi' Air Quality agreed

\ryith these suggested revisions, ard has now incorporated the same into the ploposedrevised amendments to 7 DE Admin. Code 1103. None of the proposed revisiotts ale

substantive in nature, and thus no additional vetting of this ptoposed promulgation is

necessary at this time. It should also be noted that all proper notilication and noticingrequirements concerning this proposed promulgation were rrret by the Department.Proper notice olì the hearing was provided as required by law.

The Deparlment's presiding hearing offìcer, Lisa A. Vest, prepared a Hearing

Officer's Report dated November 4, 2013 (Repott). The Report recommends certainfindings and the adoption ofthe proposed revised Ame¡dments as attached to the Repolt

as Appendix A.

Findings and Discussion

I 1Ìnd that the ptoposed revised Amendments are well-suppotted by the leoord

developed by the Departrnent, and I adopt the Report to the extent it is consistent withthis Order. 'Ihe adoption of this Order will enable Delaware to update its existing, olderair regulations by bringing the regulatory standards up-to-dale with current fedetalrequirements and provide additional clarity to both the regulated community and the

public at large with respect to these issues.
Ordel adopting these proposed Anrendments as final;

2.) The Depafirnent provided adequate public notice of the proposed

Amendmenls, and plovided the public with an adequate oppoltunity to oomment on the

initial ploposed Amendments, including at the public hearing held on August 1, 2013;

3.) "l'he Depafmenl held a public hearing on August 1, 2013 in order to

consider public comment before rnaking any hnal decision;

4.) The Deparlrnent's Healing Ofhcer's Ileport, including its recommended

record and the reconmended revised Amendrnents as set forth in Appendix A, areadopted to provide additional teasons and lìndings for this Order;

5.) The adoption of this Order will enable Delaware to update its existing.

older regulations by bringing the regulatory standards up-to-date with cunent fbderalrequirements and provide additional clarity 1o both the regulated community and the

public at large with respect to these issues. Moreover, the revisions to 7 DE Admin.

Code 1103 will also be submitted to the EPA as a revision to update Delaware's State

lmplementation Plan;

6.) The reconmended revised Amendments should be adopted as fìnal

regulation Amendments because Delaware will be able to (1) update its existing, oldel airregulations (as well as its SII'}), and provide additional clarity and understanding toDelaware citizens with regard to these matters; (2) further the purpose of Governor
are well supported by documents in the record;

7,) The Department shall submit this Order approving the final regulation to

the Delaware Register oJ' Regulations for publication in its next available issue, and

provide such other notice as the law and regulation require and the Departmentdetermines is appropriate.

Collin P. O'Mara

Secretary

5

Ahcar\ EO36 AIR I103 Amendnrents.20l3.ORD

RE:DATE:

Proposcd Rcgulation Amendments to 7 DE Admin. Code 1103Q{mbient Air Quølity Stanrlards) (pursuant to E,O. 36 DNREC Regulatory Review)November 4, 2013

BACKGROUND .AND PROCEDURAL HISTORY:A public hearing was held on Thursday, August 1,2013, at 6:00 p.m. at the Department

of Natural Resources and Environmental Control ('DNREC", "Department"), 89 KingsI-Iighway, l)over, Delaware to receive comment on proposed amendmetfs ("amendments") to 7

DE Admin. Code 1 103 (Arnbient Air Standards). This public hearing was held as a result of theDepartment's review of its existing regulations, pursuant to Governor Markell's Executive Order

No. 36 (hereinafter refèrued to as "E.O. 36"). In June of 2012, Governot Markell issued E.O. 36,which directed all state agencies, including DNREC, to perform a focused review of theirexisting, older regulations, identify and remove regulatory hurdles, and modernize andstreamline any regulations that may be outdated or unnecessarily burdensome, while maintaining

the state's commitment to improving public health and environmental performance.

Among the considerations of the Department's aforementioned focused review of its

existing regulations under E.O. 36 was to ensure that the same continued to serve the original

purpose for which they were adopted, and to provide for improvements. To that end, the
federal requiremonls. 'ìlhis particular air regnlation currently conlains outdated test methods andemissions standards. 'l-his requires citizens and industry to review both state regulations andfederal regulations, and to leconcile the two, in order to understand the requircmenfs thal apply

here in Delaware. This could also lead to state and federal requirements being incorrectlyapplied. This ur'ìneoessary regulatory burden will be eliminated with the Depafment's proposedrovisions to 7 DE Admin. Code 1103. Additionally, the revised regulation will also be submitted

1o the U.S. Environmental Protection Agency ("EPA") as a revision to Delaware's State

implemenlation Plan ("SIP").

The Departinerrt has the statutory basis and legal authority to act with regard to the

proposed anrendments fo 7 DE Adrnin. Code 1103 (Ambienr Air Quality Standards), püsuant to

7 Del. C., Chapter 60. The Deparlnenl's Division of Air Quality commencod the regulatory

development process with Slalt Action Notices 2013-14 (E.O.36). ll'he l)epartrnent published its

initial proposed regulation Amendments in the July ).,2013 Delau,are Register of Regulalions,

and held the public hearing on August 1, 2013. Commcnt was received by the Depaflmentregarding this matter, and thc same will be addressed below. Proper notice of fhe hearing was

provided as required by law.

II. SUMMÄRY OF'THE I'UBLIC HE.ARING RECOIì.D:

The public hearing recotd consists of the following documents: (i) a verbatim transcript;

and (2) six documcnts intloduced at the publio hearing held on August 1 , 2013, and malked by
on August 1,2013, Mr. Amirikian proceeded to offer a brief summary as to the Depaftment's

proposed actions for the benefit of the record developed in this matter (see Section I of this

Report for said summary). Public comment was received by the Departmerf üom the regulated

community with legard to these proposed amendments, suggesting several edits to the proposecllanguage, which would both correct sorne typographical erors and provide additional claritywithoul changing the intent of the proposed amendment. After review, the Department's

Division of Air Quality agreed with these suggested revisions, and has now incorporated thesame into the proposed revised ametdmenls to 7 DE Admin. Code 1103. None ol the proposed

revisions are substantive in nalure, and thus no additional vetting of this proposed promulgation

is necessary at this time.

For the Secretary's review, and in order for the Secretary to gain a thorough

understanding of this proposed promulgation, copies of the above-referenced proposed reursedamendments are atlached he¡eto as Appendix "A.", and the same are expressly incorpor-ated into

this Hearing Officer's Repott. It should be noted that the Department adhered to all appropriateDelaware statutes and the regulatory development process in this matter, and that the Departmenthas met the requiled public notice obligations regalding these proposed amendments. It shouldalso be noted that the Deparlment has reviewed this proposed promulgation in the light of theRegulatory Flexibility Act, and believes the same to be lawful, feasible and desirable, and thatthe recomrnendations as proposed should be applicable to all Delaware citizens equally.
prrrmulgation olthese proposed revised amendrnents in the customarv manner providcd by law.

Further, I recommend the Secretary adopt the following hndings and conclusions:

1. Proper notice ofthe hearing was provided as required by law.

2. The Department has julisdiction under its statutory authority to make a determination

in this proceeding;

3. The Department provided adequate public notice of all proceedings in a manner

required by the law and regulations;

4. The f)epartment held its public hearing in a manner requited by the law and

regulations;

5. Promulgation of the proposed revised rcgtiatory amendments to 7 DE Admin. Code

1,103 (Amhient Air Quality SÍandards) will enable Delaware to update this existing,

older air regulation by bringing the regulatory standards up-to-date with cunentfederal requirements and provide additional clarity to both the regulated communityand the public at large with respect to these issues. Moreover, said proposed revlsedamendurents to 7 DE Admin. Codc 1 103 will also be submitted to the EPA as a

revision to update Delaware's State lmplementation Plan;

6. Additionally, promulgation of this proposed retised regulatory amendments by the

Departnìent will further the purpose of Govemor Markell's initiatives as set forth inËxecutive Order No. 36, to wit: to strengthen Delaware's economy by modernizing
light ol'the Regulatory Flexibility Act, and believes the sarne to be lawf'ul, fèasible

and desilable, and that the recornmendations as proposed should be applicable to all

Delaware citizens equally;Tlre Depaltment's afolcmentiolred proposed revised regtslalory amendrnenls to 7 D[ìAdmin. Code ll03 (Amhienr Air Quality Standards), as published in the July 1,2013

Delawore Register o.f Regulations and as set fortli in Appendix ".4" hereto, areadequately supported, are not arbitrary or capricious, and are consìstent with theapplicable laws and regulations. Consequently, they should be approved as final

regulatory amendments, which shall go into effect ten days aftsr their publication in

the next available issue of the Delau,are Regisler of Regulations; andThe Department shall submit the proposed revised regulation amendments as finalamendments to the Delaware Register of Regulations lòr publication in its nextavailable issue, and shall provide such other notice as the law and regulations require,

and as the Department dctcrmincs is appropriatc.

9.

TSA A. VES

YPublic Hearing Officer

\âheàÀ BO 36 AIIì. I ì03 

^nìendments.20l3

APPENDIX 6(A))

ery#gglns e r t Rev¡s ¡on tft c

1.0 Gencral Provisions

1.1 Air quality standards are required to assure that ambient air quality shall be consislent

with established criteria and shall serve to effectively and reasonably manage the airresources of the State of Delaware.

1.1.1 Primary air quality standards provide public health protection. including

protecting the health of sensitive populations such as asthmatics. childlen, and theelderlv.

1.1.2 Secondar)¡ air quality standards provide þublic welfare protection. including

protection aqainst decreased visibility and damage to crops. animals" vegetation.and buildinqs.

1 .2 At such time as additional pertinent information becomes available with respect to

applicable air quality criteria, recommendations shall be incorporated and the air qualitystandards shall be subjcct to revisions.

1.3 The absence of a specific ambient air quality standard shall not preclude actions by the

Department to contfol contaminants to assure protection, safely, welfare, and comfort ofthe people of the State of Delaware.

1.4 Air quality standards are def,ined by frequency distribution presentations and arithmetic

averages. The characteristic parameters describing the fiequency distribution are thegeometric mean and 99th percentile.

1.4.1 The geometric mean is defined as the Nth root of the product of N numbers.

Assuming a log-normal cumulative fì'equency dìstribution, the 50th percentile

value will be equal to the geometric mean.

1.4.2 'l'he arithmetic average mean is defined as the sum of a set of values divided by

the number of values.
1.6

'l'he sampling and analytical proceclures and techniques employed to determine ambientair concentrations of contaminants shall be consistent with methods whioh result in arepresentative evaluation of the prevailing conditions. 'Ihe f'ollowing methods shall beused directly or ernployed as refèrence standards against which other methods may becalibrated;

1.6.1 Ambient concentrations oftotal suspended palticulates shall be determined by the

refèrence high volume method in acco¡dance with 40 CFR, Pafi 50, ¡+ryFendiNJ}

Suspended Paficulate Matter in the Atmosphere (High-Volume Method). April

22. 1983.

1.6.2 Ambient conoentrations of sulfur dioxide shall be determined by the reference or

equivalent method in accordance with 40 CFR, Part 50, Appendix A-1, June-2q

+S7+. Reference Method P

Measu¡ement of Sulfur Dioxide in the Atmosphere (Ultraviolet FluorescenceMethod). June 22.2010. or 40 CFR. Part 50. Appendix A-2. l{eference Methodfb¡ the Measurement of Sulfur Dioxide in the Atmosphere (PararosanilineMethod). June 22^ 2010.

1.6.3 Ambient concentrations of carbon monoxide shall be determined by the refet'ence

method in accordance with 40 CFR, Part 50, Appendix C, June--2*

lS7+.Measurement Prin

Carbonleì Monoxide in the Atmosphere fNon-Dispersive Infiared Photometrv.Aueust 31, 201 1.

I.6.4 Ambient concentrations of ozone corrected for interferences due to nitrogen

oxides and sulfur dioxide shall be determined by the reference method inaccordance with 40 CFR, Palt 50, Appendix D, June-2+,-+97Clvl9êiurgtu94Principle and Calibration Procedure for the Measurement of Ozone in theAlmosphere. July 18. 1997.
+S7+.Measurement Prin

Nitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence). Januarv

20.1983.

1.6.7 Ambient concentrations of hydrogen sulfide shall be determined by gas

chromatographic separation - flame photometric detection.

1.6.8 Ambient concentrations of lead shall be determined by the reference method in

accordance with 40 CFR, Part 50, Appendix G, @for the Determination of Lead in fTotall Susþended Particulate Matterf. Âuqust

2.20131 .

1.6.9 Ambient concentrations of PM1¡ particulate shall be determined by a reference

method in accordance with 40 CFR, Palt 50, Appendix J, Reference Method for

the l)etemination of Particulate Matter as PMro !n the Atmosphere. A

1987, or an equivalent method.

1.6.10 Ambient concentrations of PMz.s particulate shall be determined by the reference

method based on 40 CFR, Part 50, Appendix L, @

Reference Method for the

Determination of Fine Particulate Matter as PMz.s in-1h9 :\lnlqsphglg, October 17.

2006.

Air quality standards are expressed in metric units with the approximafe equivalentvolumetric units in parentheses. The standard conditions for air ambient monitoring is760 mm. FIg and 25"C. The formula to convert metric units to parts per million (ppm) is:

ppm(vol) = Ug/m3 x 0 024465

where MW is molecular weight of the confaminant being measured

02/01lt98t

1.7

mg/m3 x24.465x10i

MW
02t0111981

3,0 Suspended Particulates3.1 The Pliniary Anbient Air Quality Standards for Particulate Matter are:

3.1.1 An annual geometric mean of75 micrograms per cubic meter no1 to be exceeded,

basecl upon 24 hour avc:ragr; concenfrations.

3.1.2 A value of 260 micrograms per cubic metet not to be exceeded more than once

per year, based upon 24 hour average concent¡ations.

3.2 The Secondary Ambient Air Quality Standards for Particulate Matter are:

3.2.1 An annual geometric mean of 60 microgtams per cubic meter as a guideline for

achieving the secondary standard based upon 24 hour average concentrations.

3.2.2 A valuc of 150 micrograms pel cubic meter not to be exceeded more than once

per year, based upon 24 hour average concentrations.

g2/9#94+lnsefl Revis ion W

4.0 Sulfur Dioxide4,1 The Prinar)' '\rnbient r\ir Qualit)' St¿mdards fer Sulfur Oxides measured as Sulfur

Ð.isxide-ar*as{otlews=

4.1.+

oxides ofsulfur is 75 parts per billion (ppb) measured in the ambient air as sulfur dioxide.

'Ihe 1-hour arnbient air qualit), standard is Imetì when the three-[ycar][åoæì averaee ofthe annual (99t1' percentile) of the dailv maximum l-hour average qoncentrafion is lessrhan or eq!q!_.1qZ5_ppL

4.1.1. Cornpliance with the national primarv 1-hour air qualitv standard is determined in

accordance with 40 CFR Parl 50 Appendix T'. Interpretation of the Primatv
4.L2 eexeeedeé+eore-+han-or*æ

isns' l'he 24-hout primary national

ambient air quality standard f'or oxides of sulfur is 0.14 parts þer million (ppm). not to beexceedcd more than once Þer calendar year.

4.2.I Compliance with the national 24-hour primary arnbient air quality standard lbr

oxides of sulfur is determined in accordance with 40 CFR Part 50, Appendix A- I .Reference Method Principle and Calibration Procedure for the Measurement of

Sulfur Dioxide in the Atmosphere (Ultraviolet þ-luorescence Method). June 22.

2010. or 40 CFR. Part 50. Appendix A-2. Reference Method for the Measuremerfof Sulfur Dioxide in the Atmosphere (Pararosaniline Method), June 22. 2010.

4.2.2 The national primary 24-hour ambi

forth in 40 CFR Part 50.4. National Primarry Ambient Air O-uality Standards for

Sulfur Oxides (Sulfur Dioxidel. June 22. 2010.

4.3 The national plimarv annual ambient air quality standard lor sulfur oxides o10.030 pafls

ner million rnnm). annual arithmetic mean. shall not be exceeded.

4.3.1 Complianoe with the national annual primary ambient air quality standard for

oxides of sulfur is detetmined in accordance with 40 CFR Part 50. Appendix A-1.Reference Method Principle and Calibration Procedure for the Measurement of

Sulfur Dioxidc in thc Atmosphere (Ultraviolet Fluorescence Mefhod). June 22.

201 0- or 40 CF l{. Parr 50. Aooendix A-2. Relerencc Method lor the Measurcmcntof Sulfur Dioxide in the Atmosphere l,Pararosaniline Method). June 22. 201 0.

4.3.2 The national plimar)' lannuall[3"{*cæl ambient air qualitv standard lor sullur

oxides is set forth in 40 CFR Part 50.4. National Primary Ambient Air OualityStandards for Sulfur Oxides (Sulfur Dioxide). June 22. 2010.

4.4 The national secondary 3-hour ambient air quality standard for sulfur oxides is 0.5 parts

per million (ppml. not to be exceeded more than once per calendar year.
4.4.2 The national secondar)' 3-hour ambient air quality standa¡d f'or sulfur oxides is set

forth in 40 Cl-l{ Part 50.5. National Seconda¡y Ambient Air Ouality Standard fbr

Sulfur Oxides (Sulfur Dioxide). Mav 22. 1996.

'1,2 TIæ Seeotdar) ,4ntbient ,4ir QaslÌ|, Slandards :fêr Sulur Oxides messured as Sul.far W*+:4,2,1 ,4 tltree læur aïerage v lae of 1300 nüerograms per eubie meter (0'5 ppnt; not te be

@

0210111981

5.0 Carbon Monoxide

5.1 The average concentration of carbon monoxide taken over any consecutive eight hours

shall not exceed a value of 10 milligrams per cubic meter (9 ppm) more than onoe per

year.

5.2 The avelage concentration of carbon monoxide taken over any one hour period shall not

exceed 40 milligrarns per cubic meter (35 ppm) more than once per yeâr.

09lll/19991 ns e r t R ev ¡ s ¡o n EÍè

6.0 Ozonc

6.1

psÁn}years-. The t -hour primary m

ozone is 235 uslm3 (0.12 ppm). The primary and secondarv ozone ambient air qualitv

standards are met when the number of days per calendar )rear with maximun hourlv

avcrae,c concentrations above 235 [g/m3 (0.12 pþmf)l is equal to or less than l. asdctermined by 40 CFR PaÍ 50. Appendix H. Interpro

Secondarl, National Ambient Air Oualit), Standards for Ozone, Jul)' 18' 1997. The 1-hour prirnary and sccondalv national anbient air quality standards are set f'o¡th in 40 CFR
oÈ-e$reHû+08 ppm; averaged €ver three eonseeutive yeers,The 8-hour þrimarv and

secondarv lnationalì ambient air qualitv standard for ozone is 0.075 parts per million(PPm). The Primary and secondarv ozone ambient air qualit)' standards are met when the3-year average of the annual foutth-highest daily maximum 8-hour average ozoneconcentration is less than or equal to 0.075 ppb. as determined in accordance with 40CFR Part 50. Aþpendix P. Internretation of the Primary and Secondary Air quality

Standards for Ozone. May 27,2008. The 8-hour primary and secondarv ozone standards

are set lorth in 40 CFR Part 50.i5. National Primarv and Secondary Air Standards f'orOzone. May 27.2008. .

0210t/198r

7.0 Hydrocarbons

7.1 The hydrocarbons standard in 7.2 of this regulation is for use as a guide in devising

implementation plans to achieve the ozone standard.

7.2 'fhe average concentration of hydrocarbons, exclusive of methane, taken over a three

hour period from 6 to 9 a.m., local time, shall not exceed 160 micrograrns per cubic meter

(0.24 ppm) more than once per year.

gZ/U/lA8+lnse r t Rev¡s¡on Wct

8.0 Nitrogen Dioxide

The annual aritlunetie mean eoneent¡ation of nitregen diexide shell not exeeed 100 mieregrams

percu¿+-me+e<0+S+pmf

8.1 The national primaly and secondary air quality standards fot oxides of nitrosen (nitrogen

dioxide indicator) are as follows:

8.1.1 The primary l-hour air q

billion (ppb). l-hour average concentration. measured in the ambient air as

nitrogen dioxide. Complianqe with the 1-hour standard is demons[ated when the
billion (ppb). annual averase concentration. measured in the ambient air asnitroeen dioxide. 'Ì-he primary annual air q

the average annual concentration in a calendar vear is less than or equal to 53 ppb,

as determined with 40 CFR Part 50. Appendix S. Iúerp¡etation of the Primarv AirQualitv Sfandards for Oxides ofNitrogen (Nitrosen Dioxide). February 9. 2010.

8.1.3 The sccondarv annual air qualitv standard f'or oxides of nitroeen is 53 paús per

billion (opb). annual arithmetic mean concentration. measured in the ambient airas nilrogen dioxide. The secondar)¡ ambient air quality standard is demonstratedwhen the annual aritlmetic mean concentration in a calendar vear is less than orequal to 0.053 Þpm. To demonstr¿fe a1upon hourly data that are at least 75 percent comþlete or upon data derived frommanual methods tllat are at least 75 percent comolete for the scheduled samplinp.days in each calendar quarter.

8.2 The primarv and secondary air qualitv standards f'or nitrogen dioxide are as set forth in 40

CFR Parl 50.1i. February 9. 2010.

02t011198t

9.0 Hydrogen Sulfide9.1 'fhe average conçentration of hydrogen sulfide taken over any consecutive three minutes

shall not exceed 0.06 pprn.

9.2 The average concentration of hydlogen sulfide taken over any consecutive 60 minutes

shall not exceed 0.03 ppm.

0¿/S+/198+lns er t Ret, is io n W c

10.0 Lcad

leacl (Pb) and its compounds are 0. 15 microqrams per cubic meter (trgim3). aritlxretic meanconcentration over a 3-month period measured in the ambient air as Pb. The national primarv and
y 

y 

Quatity 

measured as PM¡¡ are:

1 1.1.1 The primarv and secondar-y air quality standards for PMt¡¡ ¡¡q I 50 micrograms per

cubic meter (pgl-'), 24 hour average concentration. The standards are attained

when the expected number of days per calendar yeal with a 24-hour averageconcentration above 150 pglm3, as determined in accordance with 40 CFR, Part

50, Appendix K, Interpretæion of the Natio

Particulate Matter. October i7.2006. is equal to or less than one. 'lhe national

primary and secondary ai¡ quality standards are set Iòrth in 40 CF'R Part 50.6.

National Primarv and Secondary Ambient Air Ouality Standards f'or PM.ro.

11.1.2

tes+t¿lm3.Brseryed

11.2 The Primary and Secondary Ambient Air Quality Standards 1'or Particulate Matter,

measured as PM2.5 are:

11.2.1 The 24-hour primarv and secondary air quality standard is 6535 micrograms per

cubic meter (F'pg/m3), 24-hour average concentration. The 24-hour prirnary and

@Mz.sstandardsaremetwhenthe981l'percenti1e24-

hour concentration, as determined in accordance with 40 CFR, Part 50, Appendix

N,

+S758InteJanuary 15. 2013, is less than or equal to 65-ll¡-rg/m3. The national 24-hour hour'

þrimary and secondary air quality standards are

National Primary and Secondary Air Oualitv Standards lor PMz¡. Qçlqbç! 1l'

2006.

I i.2.2 The primary annual air quality standard is 152.0 micrograms per cubic meter

(pg/m3) annual arithmetic mean concentration. The annual primary

PM2.5 standards are met when the an¡ual arithmetic mean concentration, as
11.2.3 The secondary annual air qualilv standald is 15.0 rnicrograms per cubic meter

(u.s/m3.) annual alithmetic mean conoentration The arìnual seconda¡y PMz.s

standards are met when the an¡ual at'ithmetic mean concentration. as dete¡mined

in accordance with 40 C!'R. Parl 50. Appendix N. Interpretation of the NationalAmbient Air Ouality Standards for PMzs. January 15. 2013. is Ifu

to 15.0 pglm3. 'Ihe national annual nrima¡v and secondary air qualit)' standards

are set forth in 40 CFR PaÍ 50 13' National Primarv and Seconclar')¡ Air Oualitv

Standards for PMz.s. Qçtþþer 1f-20QC
CERTIFICATION

February 17,2014

A public hearing was held August 1,2013 on a revision to the State of Delaware

Regulations Governing the Control of Air Pollution. The revision is to 7 DE Admin. Code I100,which is a result of "Executive Order 36 Report to the Office of the Governor" which showedregulations that needed to be amended or repealed. Three public hearings were conducted to

address the changes recommended in the Executive Order. This submittal pertains to 7 Del.Admin. Code I103 - AMBIENT AIR QUALITY STANDARDS. The revisions bring theregulatory standards up-to-date with current federal requirements. The effective date of thisamendment is January 11,2014.

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

Subsection 51.102 of 40 CFR 51.

Ali Mirzakhalili, P.E.DirectorDivision of Air Quality

Fax No.: (302) 739 - 3106

ù¿r,t/r4t, fe(aáû.4¿ ^ûlq./,4 tol. /
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 lndependent Newsmedia lnc. USA, the publisher of the Delaware StateNews, a daily newspaper published at Dover, County of Kent, and State of Delaware,

and that the notice, a co which is hereto attached, as published in the Delaware

State News in its issue ct:

President

lndependent Newsmedia lnc. USA

Sworn to and su berore me this 3 cd1

Day of o' ? )ls
q 

.7 DE Admin. Code 1i03, Ambient Air Quality Standards Revrsr-on:

;¿ ,,:-;;dö iö u-rinq-the reöutatory slinoardË upjto-date with current redËäl Tl,äüäìi.i's. Tfoi iunËn v cóntains outdaled test methods and emrs'sìon standards, : .r..... I .

.7 DE Admin, Code 1114, Visible Emissions Rev;sions are propol ;;iJ" îñä ;ìLd;ià oüil! standard in. secäon 2 3 rhis alternate st

å".ä'ñììs ìtulriäÀø r"i'a þekoteum l-efinery unit prior to installationHrä"i"""00ìúi^õti- iò-ttiói eq,iipm"nt in 2^006' fie inslillation of the F

äiJ¡-¡"r äî -täã tulyti, cnckìng unlt in 2006 nakes this ¿lternative opa

slandard obsolete;

) 739-9402, or at ¡onald,amÛikranostate de us

ôi ¡lsi io ¡u¡mlt. vqùi çor¡inèÀs ln ádvance ol the ipubl¡c

youl comments to:

Ròn Amirikian ì' .

oiv¡ò¡o¡¡iÀr euaìrty

655 5, Bay Road

q ìlê 5N

oovel.BÈ isgot .

ùrrs rs in¡ o¡¡lv rrmr,Tgrg:¡lorlcE wILL APPEåB

r nflblic hearinq on these proposed revisions will be held Thurday' idö ilìil;ä;i s'bõ;In.l;iÞ óNRtc Auditorium, 8e Kinss rTle oroDosed revisions may be inspected at the Departmentg offices loc

åi'ìísî"eåv nìt¿, lits !N, Doväi DE 1990i rhe proposed revisionsåL'ã ¡" i,iõliiJl'ì't¡u ¡uly 1; 2013 issue of the Delaware Register of Re!

ons. and can be viewed after publication at

trtto;iiiequlations.delaware qòv/reaister/iulv2013/

addiùonal information or any aPpointrnents to inspect the propo-sed r ;"ï; imÑõtt, plæ$ mntact Ron AmirikÍan in Dover

ctpd oÀÉiês mav submit comments in wÍting on these prcposed rcvr

oì¡Àr'to tf,u puútic heãtlng and/or comments may be pres€nteo eìrnel åii; ñö ;nË Ñüif ñ.á¡nö tr v* u" ungb!9 l?:ry1q ^u':^l:yi

. / DE Admin. Code 1104, Pôdiculate Emrssions From Fuel Bur

Èoi¡oñrini.'"'iiäi¡iõ'ìðire-ircjpoæ¿ to cra¡fo that the exemptions l l ii'ãi'iÏË re,ìüüii,;;i;e ror the øpaciw of ihe unlL and not the oper'

Ëte,

proposed.

.7 DE Admin. code 1i19, Nitrogen Oxides (Nox) .Budget lri

iÉsrl.,Tm$rüï?üiii.i'ffi,ffi*sü"#mtiiffi i

ii,q *tffi iål#Ë**Ëfiffii4,li n¡;*',1,'ilÊ,s.ff¡ [3'"Fi\i.¿ifl 'T'X,'.Îiå¿ifff; *'ifd'ÈÉh*'5Ë Ìüåi :ii lölcii ll+"il..#-".lÉ'l¿.1ÈFrJ"i'R,ï"iårPl"'d.,'i.*t'*",'J,

r','tr'{iT;i^'iJ'ffÎ'^'fî 

"Sti.ll'"J- "'i';'PUi',¡"i:lu'*:H

DsN 6/30/2013
Moíling Addre¡s:

P.O. Box 15505

Wilminglon, DE 19850

{3021 324-2500

{800)235-9100

Fox Numbers:Accounling: 324'2554Circulotion: 324'2945

Clossified: 324-551I

Hrnû' Rsorcs: 32/,'2578

lnfo S¡rstemr: 324'29 69

Morkefing: 324'2557

News:324'5509

'oil:324-5518

ÐeAt$EIr

State of Delaware

Personally appeared before me this 1't day of July, 2013.

l, Kristin Segner, of The News Journal Company, a daily newspaper printed and publishedin the County of New Castle County, State of Delaware, who, being duly sworn states that

the advertisement of S/D DNREC Air Qualitv Manaqement - Notice of Public Hearinqwas published in The News Journal on June 30, 2013

Lesal Coordinator

Title

Sworn to before me this 1'r day of July, 2013

AFFIDAVIT OF PUBLICATION

r-.-"':*ä*,,,,ø

_:- ^è, è- "7)'.. Ð-'a ---- s , EXPIRES ON '. ã. Z ì, {,ocrooe, rs Zoro, .} -= t '9.".+,^ .(v.i3-:-- '¿ -1^'-U¡. .-\\. \) -- Z î',_.. .?ïRy pUyi ^( .:- t¿, \',-¡. -<- v .\

"+,,YUNrY. s1A\'.^"' ''l////rt 

¡ t t rì\\\\\t'

Notary Public
. 7ìÐE.Adñln; Cod€ 1104ì Parl¡culñls Emlsslohe Ftom Fuat Burõlns Equ¡Dmonl, Ravi6ipns ârê Þro'Dosed lo clarilv rnal-ihe èxórnDtrons 1.2 and 1.4 ol lhlsioqulalioñ arc'lor lhs capacili ol lho unll, and nol the

. 7 DE Adnln. cods 1139, Nllrogsn Ox¡des (NOx)Budqet TrÂdlnq Proqrâm. RepoÂlol lhis rsguìalion isoroÞõsod. T,ris rogvlâl¡orì êålâbllshod Dolawåre s pariicióalron ¡n lhe NOx Èudssl Trådins Profrrami a muìl¡' slaiê lloÌ emihsions caD ãnd lrÂdo oroqràm, ê$laþll6h.€d DUrEUânl þ Trlle 40. Parl 96 ol lhe Codo of F¿deral

Rsriurarions 140 cFR Pafr 96r and 40 CFfi Pqn 51.121.

lhãunderlviño loderalÞroqråm was r€plsc€d by thÞ lod

"i,ì Ci,¡anî¡i'lnrersrate n-ule tcAtB). civ€n lhis, 1139

àdditlcjnâì inlornìalio¡ oi any apÞoinlrÌoDls.loì.¡n- )l lh9 ÞJopos€d roguralion or âmondm€nls, pl€as€ âÒl FÒn Àm¡rihlan in Dov€r at 130â 739-9402. or al

,lod Darlies rnay srÞmll comments ln ltrit¡ng on

oroÞosed tevisìons prlor lo lhe public hcaring

coinùenls mav bo D¡osenled oilhêr orally or lnat the publ¡c hBarlnd. ll you are un¿þle lo âllênd

blic blic.heÀr{nq he8nnd or ìdlsh wJsh1o 10 sLlþmil sür¡.vour vourcommonls commonls rnin

re oflhe pl]'bl¡c¡oa ¡9, plêa6e âddrsËs your com" 'to: . '

' .. BorAnìiriklan

Div¡sion olAir Olaìity

655 S. 8av Foâd

SuilG 5N' ' Dovêr,.ÞE J99ol

TsrS lS üE QNLY irr¡E THrs r{oî¡cE \rilt!¡P¡EAll 6/30.NJ . .