UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

DATE: June 5, 2012 

SUBJECT: Technical Support Document for the Delaware State Implementation Plan for 

Section 110(a)(2) of the Clean Air Act Infrastructure Requirements for the 2008 

Lead National Ambient Air Quality Standards

/s/

FROM: Rose Quinto, Environmental Engineer

Office of Air Program Planning

TO: File

/s/

THRU: Donna Mastro, Acting Associate Director

Office of Air Program Planning 

A. INTRODUCTION

The Environmental Protection Agency (EPA) is taking action on a submittal made by the 

State of Delaware to meet the Clean Air Act (CAA) section 110(a)(2) requirements of the 2008 

lead national ambient air quality standards (NAAQS).

B. BACKGROUND

On October 15, 2008, EPA revised the primary and secondary lead NAAQS from 1.5 

micrograms per cubic meter (μg/m3) to 0.15 μg/m3. Section 110(a) of the CAA requires states to 

submit state implementation plans (SIPs) that provide for the implementation, maintenance, and 

enforcement of new or revised NAAQS within three years following the promulgation of such 

NAAQS. Section 110(a) of the CAA imposes the obligation upon states to make a SIP 

submission to EPA for a new or revised NAAQS. For the 2008 lead NAAQS, states typically

have met many of the basic program elements required in section 110(a)(2) of the CAA through 

earlier SIP submissions in connection with previous lead standards. Section 110(a)(2) of the 

CAA lists specific elements that states must meet or continue to meet in these SIP submissions. 

The requirements include SIP infrastructure elements such as requirements for modeling, 

monitoring, and emissions inventories that are designed to assure attainment and maintenance of 

the NAAQS. Section 110(a)(2) of the CAA infrastructure elements (A) through (M) are listed in 

EPA’s memorandum from Stephen D. Page, Director, Office of Air Quality Planning and 

Standards to the Regional Air Division Directors, Regions 1-10, “Guidance on Infrastructure 

State Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for 

the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS),” October 14, 2011, 
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(hereafter referred to as “Lead Infrastructure Guidance”).

C. EPA REQUIREMENTS

As discussed above, for the 2008 lead NAAQS, states must provide SIP submissions, or 

provide certification that the existing SIP contains provisions addressing relevant infrastructure 

SIP elements from sections 110(a)(2)(A) through (M) of the CAA. To help states meet this 

statutory requirement, EPA issued the Lead Infrastructure Guidance, which listed the basic 

elements that states must include in their SIPs. 

D. STATE’S SUBMITTAL

On October 17, 2011, Delaware provided a submittal to satisfy the requirements of 

section 110(a)(2) of the CAA for the 2008 lead NAAQS. This submittal addressed the following 

infrastructure elements that EPA is proposing to approve: section 110(a)(2)(A), (B), (C), (D), 

(E), (F), (G), (H), (I), (J), (K), (L), and (M) of the CAA, or portions thereof.

E. EVALUATION OF STATE SUBMITTAL

1. Section 110(a)(2)(A)

Delaware has established laws and regulations applicable to the 2008 lead NAAQS that 

include enforceable emissions limitations and other control measures, means or techniques, as 

well as schedules and timetables for compliance to meet the applicable requirements of the CAA. 

The following enforceable emission limitations and schedules are contained in Delaware’s 

approved SIP: 7 DE Admin. Codes 1101, 1103, 1104, 1105, 1107, 1114, 1117 and 1127. These 

regulations are identified as part of the Delaware SIP at 40 CFR 52.420(c). At present, statutory

authority is set out in Title 7 “Conservation” of the Delaware Code, Chapter 60—Delaware’s

comprehensive water and air resources conservation law. Legislative authority giving the 

Secretary of the Delaware Department of Natural Resources and Environmental Control 

(DNREC) the authority to promulgate regulations is codified at 7 Del. C., Chapter 60. This 

authority is applicable to the 2008 lead NAAQS.

2. Section 110(a)(2)(B)

Delaware’s SIP-approved 7 DE Admin. Code 1117 - “Source Monitoring, Record 

Keeping and Reporting,” and 7 DE Admin. Code 1103 - “Ambient Air Quality Standards” of the 

State of Delaware Regulations Governing the Control of Air Pollution, provide for the 

establishment and operation of procedures necessary to monitor, compile, and analyze data 
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related to ambient air quality. These regulations are included in Delaware’s approved SIP listed 

in 40 CFR 52.420(c) which also apply to the 2008 lead NAAQS.

Delaware has established and currently operates appropriate devices, methods, systems, 

and procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon 

request, makes such data available to the Administrator. 

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

the State to measure ambient air quality levels within Delaware for comparison to each NAAQS 

as required by 40 CFR part 58. Delaware currently measures and reports lead concentrations 

from its monitoring site located in Wilmington near MLK Boulevard.

All data is measured using EPA approved methods as either Reference or Equivalent 

monitors. All monitors are subjected to the quality assurance requirements of 40 CFR part 58, 

Appendix A, and all samplers are located at sites that have met the minimum siting requirements 

of 40 CFR part 58, Appendix E. The data is submitted to EPA’s Air Quality System (AQS) 

system, in a timely manner in accordance with the scheduled prescribed by EPA in 40 CFR part 

58.

In order to keep EPA informed of changes to the sampling network, DNREC provides 

EPA Region III with prior notification of any planned changes to the network. As needed, details 

of these changes and anticipated approvals of the changes are communicated to EPA. On an 

annual basis, Delaware sends EPA a monitoring network plan as required by 40 CFR part 58, 

section 10. This plan, approved by EPA on November 11, 2011, contains all required 

information including site and monitor description, analysis methods, operating schedule, 

monitoring objectives and scale of representativeness, as well as information on any planned 

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

prescribed by the EPA in 40 CFR part 58. Delaware has and will continue to submit data to 

EPA’s AQS in a timely manner in accordance to the scheduled prescribed by EPA in 40 CFR 

part 58.

3. Section 110(a)(2)(C)

Delaware has established and currently operates a program to provide for the enforcement 

of the enforceable emission limitations and other control measures, means, or techniques, as well 

as schedules and time tables for the compliance, as may be necessary or appropriate, to meet the 

applicable requirements of the CAA and to regulate modification and construction of any

stationary source within areas covered by its SIP as necessary to assure the NAAQS are achieved, 

including permit programs required in parts C and D. Aspects of Delaware’s program for 

enforcement are found in those provisions of 7 DE Admin. Codes 1125, 1111 and 1117 as well 

as the source monitoring, source testing and test methods, and recordkeeping and reporting 

provisions of 7 DE Admin. Codes 1112, 1123, 1124, 1126, 1131, 1137, 1139, 1140, 1142, and 
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others in the approved Delaware SIP. At present, Delaware as part of its Division of Air Quality

function exercises its programmatic authority to utilize the enforcement powers set out in 7 Del.

C. section 6005 entitled, “Enforcement; civil and administrative penalties; expenses,” 7 Del. C., 

section 6013 entitled “Criminal penalties,” and 7 Del. C. section 6018 entitled “Cease and desist 

order.” 

EPA will take separate action on the portion of section 110(a)(2)(C) for the 2008 lead 

NAAQS as it relates to Delaware’s PSD permit program. Delaware submitted their revised PSD 

permit program on March 14, 2012.

 

4. Section 110(a)(2)(D)(i)

The physical properties of lead prevent lead emissions from experiencing a significant 

degree of travel in the ambient air. No complex chemistry is needed to form lead or lead 

compounds in the ambient air; therefore, concentrations of lead are typically highest near lead 

sources. More specifically, there is a sharp decrease in lead concentrations as the distance from a 

lead source increases. According to EPA’s Last Findings on National Air Quality report, lead 

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

concentrations near the source (http://www.epa.gov/airtrends/2007/report/trends_ 

report_full.pdf). An example of the degree to which lead concentration decreases with distance 

in ambient air is characterized in the EPA memorandum, Selection of Airports for the Airport 

Monitoring Study: “The Santa Monica airport monitoring study... reported a three-to four-fold 

decrease in ambient lead concentrations over a distance of 80 meters between two monitors sited 

to evaluate the lead gradient downwind from the runway” 

(http://www.epa.gov/otaq/regs/nonroad/avaition/memo-selc-airport-mon-stdy.pdf).

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

nonattainment in, or interfere with maintenance by, any other state, the source would need to be a 

very large source that is located in close proximity to state boundaries. Delaware does not have 

any existing sources of lead that are very large (i.e., none with emissions greater than 0.5 tons per 

year (tpy)). The emissions of lead from Delaware’s entire point source inventory (2008), in the 

aggregate, is less than one tpy of lead, and only two sources (Evraz Claymont Steel and Indian 

River Generating Station) have emissions greater than 0.3 tpy of lead (0.34 and 0.31, 

respectively). Even though Delaware’s largest two lead emitting sources are relatively small, 

lead reductions are anticipated due to unit shutdowns and as a co-benefit to required mercury and 

sulfur dioxide reduction measures.

With regard to visibility protection, lead-related visibility effects from Delaware are 

insignificant to other Class I areas. See memorandum from Mark Schmidt, OAQPS to File, dated 

November 7, 2011, entitled, “The Estimated Contribution of Ambient Lead to Class I Area 

Visibility Impairment.” EPA also approved the Delaware regional haze SIP on July 19, 2011 

(76 FR 42557).
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EPA will take separate action on the portion of section 110(a)(2)(D)(i)(II) for the 2008 

lead NAAQS as it relates to Delaware’s PSD permit program. Delaware submitted revisions to 

their PSD permit program on March 14, 2012.

5. Section 110(a)(2)(D)(ii)

Neither Delaware nor any facility in Delaware is subject to a section 126 rule, and 

therefore Delaware does not need to demonstrate that it has met its obligations pursuant to CAA 

section 126 as it has no currently pending obligations pursuant to CAA 126(b) or (c). Delaware 

has made the necessary submittals to demonstrate that it has adequate provisions insuring future 

compliance with the requirements of sections 126 and 115 of the CAA as may be necessary in 

accordance with EPA’s Lead Infrastructure Guidance. 

6. Section 110(a)(2)(E)

Delaware assures EPA that it has adequate authority under state law pursuant to 7 Del. C.

Chapter 60 to carry out its SIP obligations with respect to the 2008 lead NAAQS. DNREC does 

not believe that there is any prohibition in any Federal or State law that would prevent it from 

carrying out its SIP or any portion thereof. DNREC also assures EPA that it has, and will 

continue to have, through the State of Delaware General Fund and through the Title V fee 

program, funding to carry out its SIP obligations. Furthermore, DNREC believes its funding 

sources are sufficient to provide adequate personnel for those purposes. 

At present, Delaware fulfills this obligation by virtue of having adequate personnel and 

funding through the CAA section 105 grant process (Federal grant funds), the State of Delaware 

general fund (state tax revenues), and appropriated special funds collected by the State of 

Delaware from application fees, permit fees, renewal fees, and civil or administrative penalties or 

fines under 7 Del. C. Chapter 60. The Division of Air Quality is responsible for developing, 

implementing and enforcing the SIP. Delaware does not anticipate the need for additional 

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

Delaware does not rely on localities for specific SIP implementation. EPA finds 

Delaware’s infrastructure SIP meets the current Lead Infrastructure Guidance for CAA section 

110(a)(2)(E). 

7. Section 110(a)(2)(F)

Specific monitoring requirements are found throughout the State of Delaware Regulations 

governing the Control of Air Pollution, including 7 DE Admin. Codes 1117 and 1103. These 

regulations are included in Delaware’s approved SIP and are listed in 40 CFR 52.420(c) and also 
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apply to the 2008 lead NAAQS.

Specific emissions reporting requirements are found throughout the State of Delaware 

Regulations Governing the Control of Air Pollution, including 7 DE Admin. Codes 1117 and

1103. These regulations are included in Delaware’s approved SIP, as required by the 2008 lead 

NAAQS, and are listed in 40 CFR 52.420(c).

Delaware’s SIP requires that owners or operators of stationary sources monitor and 

submit periodic reports on the nature and amounts of emissions and emissions related-date 

emissions from the sources. This may include the installation, maintenance and replacement of 

equipment, where appropriate. This information submitted to DNREC is available to the public 

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

require reporting of emissions. 

Except as specifically exempted by the Delaware Freedom of Information Act, 29 Del. C.

Chapter 100, Delaware makes all records, reports or information obtained by the Department or 

referred to at public hearings available to the public pursuant to the provisions of the Delaware 

Freedom of Information Act, 29 Del. C. Chapter 100.

Other aspects of Delaware’s program for requiring installation and maintenance of 

monitoring equipment, and periodic emissions reporting, are found in the source monitoring, 

source testing and test methods, and recordkeeping and reporting provisions of 7 DE Admin. 

Codes 1112, 1123, 1124, 1126, 1131, 1137, 1139, 1140, 1141, 1142, and others in the approved 

Delaware SIP, which are identified at 40 CFR 52.420(c). EPA finds Delaware’s infrastructure 

SIP meets the current Lead Infrastructure Guidance for CAA section 110(a)(2)(F).

8. Section 110(a)(2)(G)

Delaware has authority comparable to that in section 303 of the CAA and adequate 

contingency plans to implement such authority. 

At present, 7 Del. C. section 6003(a)(1) requires a permit from the Secretary prior to 

discharging any air contaminant. 7 Del. C. section 6002(2) defines air contaminant essentially as 

any substance other than uncombined water. 7 Del. C. section 6005 allows the Secretary to seek 

a preliminary or permanent injunction or temporary restraining order for discharge of an air 

contaminant without a permit, and to issue a cease and desist order for violations (7 Del. C.

section 6018). Therefore, if any discharge of an air contaminant, including lead, would cause 

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

State of Delaware or the environment, the Secretary may seek an injunction or temporary

restraining order to halt the violation.

 
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Delaware’s SIP contains an emergency episode plan found in the State of Delaware 

Regulations Governing the Control of Air Pollution, 7 DE Admin. Code 1115, Air Pollution 

Alert and Emergency Plan, that is currently approved in the SIP and identified at 40 CFR 

52.420(c). 

8. Section 110(a)(2)(H)

Through the above cited submissions, Delaware demonstrated that it has adequate 

authority under the Delaware Code, Chapter 60, Title 7 “Conservation” to revise the SIP. These 

submissions also provide EPA with adequate assurances that Delaware will review and revise its 

SIP from time to time as may be necessary to take account of revisions of such primary or 

secondary NAAQS or the availability of improved or more expeditious methods of attaining such 

standards and, whenever the Administrator finds, on the basis of information available to the 

Administrator, that the plan is substantially inadequate to attain the NAAQS which it 

implements, or to otherwise comply with any additional requirements established under the 

CAA.

9. Section 110(a)(2)(I)

Part D pertains to general requirements for nonattainment areas. This does not apply

because no part of Delaware is designated as a nonattainment for the 2008 lead NAAQS

(November 22, 2011, 75 FR 72097 at 72106-72107). 

10. Section 110(a)(2)(J)

Section 121 (relating to consultation). 7 DE Admin. Code 1132, Transportation 

Conformity of the State of Delaware Governing the Control of Air Pollution, provides a legal 

platform for the various consultation procedures that have been developed between DNREC, the 

Delaware Department of Transportation (DELDOT), and the Metropolitan Planning 

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

Delaware’s MPOs are: WILMAPCO, Kent County MPO, and the Salisbury-Wicomoco MPO. 

Regional planning organizations provide the forum for inter-state consultations. Additionally, 

consultations with Federal Land Managers are always on going in accordance with EPA rules. 

Section 127 (relating to public notification). All SIP revisions and new/amended 

regulations undergo public notice and hearing, pursuant to 7 Del. C. Chapters 29 and 60, which 

include publication in the newspapers and in the Delaware Register, and which have allowed for 

comment by both the public and local political subdivisions. Delaware believes the public notice 

and hearing processes also fulfill the section 121 consultation process. Approved regulations in 

the Delaware SIP specify the organizations responsible for implementing and enforcing the 
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plans.

In addition, DNREC makes real time and historical air quality information available on 

its web site. 

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

obligations under section 110(a)(2)(J) as a result of the 2008 lead NAAQS. Delaware is 

complying with, and will continue to comply with the visibility protection and regional haze 

program requirements under part C of the CAA. EPA approved the Delaware regional haze SIP 

on July 19, 2011 (76 FR 42557).

EPA will take a separate action on the portion of section 110(a)(2)(J) for the 2008 lead 

NAAQS as it relates to PSD permit program. Delaware submitted revisions to their PSD permit 

program on March 14, 2012.

11. Section 110(a)(2)(K)

Delaware has the authority and technical capability to conduct air quality modeling in 

order to assess the effect on ambient air quality relevant pollutant emissions and will continue to 

perform modeling. Delaware will continue to submit to EPA the air quality modeling data as 

part of Delaware’s relevant SIP submissions, permit actions, and through Federal grant 

commitments or in other ways that EPA may request.

12. Section 110(a)(2)(L)

Delaware’s submissions adequately address this requirement by explaining that consistent 

with Delaware law, Delaware will continue to require the owner or operator of each major 

stationary source to pay to the permitting authority, as a condition of any permit required under 

the CAA, a fee sufficient to cover (i) the reasonable costs of reviewing and acting upon any

application for such a permit, and (ii) if the owner or operator receives a permit for such source, 

the reasonable costs of implementing and enforcing the terms and conditions of any such permit 

(not including any court costs or other costs associated with any enforcement action), until such 

fee requirement is superseded with respect to such sources by the Administrator’s approval of a 

fee program under Title V pursuant to Delaware law. Delaware currently fulfills this under the 

enabling authority of 7 Del. C., sections 6095 to 6099, and fee legislation that currently is 

renewed every three years. Delaware has a fully approved Title V operating permits program. 

See paragraphs (b) and (c) under “Delaware” in Appendix A to 40 CFR part 70—Approval 

Status of State and Local Operating Permits Programs.
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13. Section 110(a)(2)(M)

Delaware will continue to provide for consultation and participation by local political 

subdivisions affected by the SIP pursuant to the public notice laws found in 7 Del. C., sections 

6006 and 6010, and 29 Del. C. Chapters 10003, 10004, and 10115, as applicable. Furthermore, 

all Delaware SIP revisions undergo public notice and hearing which have allowed for comment 

by the public which includes local political subdivisions. The public notice and hearing 

processes fulfill the requirements for consultation with local political subdivisions affected by the 

SIP.

F. CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA’s analysis of Delaware’s infrastructure submittals for the 2008 lead NAAQS 

concludes that Delaware’s submittals meet the requirements of section 110(a)(2)(A), (B), (C),

(D), (E), (F), (G), (H),(I), (J), (K), (L), and (M), or portions thereof. It is recommended that a 

notice of proposed rulemaking be prepared approving Delaware’s infrastructure submittals for 

the 2008 lead NAAQS.