**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 Cl ean Air Act In frastructure 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 stan dards (NAAQS ).

**B . BACKGROUND**  On October 15, 2008, EPA revised the primary and secondary

lead NAAQS from 1.5 micrograms per cubic meter (μg/m 3 ) to 0.15 μg/m 3 . Section 110(a) of the CAA requires states to submit state implementation plans (SI Ps) that pr ovide 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 revis ed NAAQS. For the 2008 lead NAAQS, states ty pically have met many

of the basic program elements required in section 110(a)(2) of the CAA through earlier SI P submissions in connection with previous lead standards. Section 110(a)(2) of the CAA lists specif

ic elements that states must meet or continue to meet in these SIP submissions. The requirements include SI P infrastructure elements such as requirements for modeling, monitoring, and emissions inventories that are designed to assure attainment and mainte nance 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 , “ Gui dance on Infrastructure State Implementation Plan ( SIP ) Elements Required Under Section s 110(a)(1) and 110(a)(2) for the 2008 L ead (Pb) National Ambient Air Quality Standards ( NAAQS ) , ” October 14, 2011,2

( hereafter referred to as “Lead Infrastructure Guidance”).
**C. EPA REQUIREMENTS** As discussed above, for the 2008 lead NAAQS, s tates must provide SI P submissions , or provide certification that the existing SI P contains provisions addressing relevant infrastructure SI P elements from s ection s 110(a)(2) (A) through (M) of the CAA

. To help s tates meet this statutory requirement, EPA issued the L ead Infrastructure Guidance, which listed the basic elements that s tates must include in their SI Ps.

**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

. Th is submittal addressed the following infrastructure elements that EPA is proposing to approv e : 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 SI P: 7 DE Admi n. Code s 1101, 1103, 1104, 1105, 1107, 1114, 1117 and 1127. These regulations are identified as part of the Delaware SI P 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 SI P

- approved 7 DE Admin

. Code 11 17

- “ Source Monitoring, Record Keeping and Reporting ,” and 7 DE Admin

. Code 110 3

- “ Ambient Air Quality Standards ” of the S tate of Delaware Regulations Governing the Control of Air Pollution, provide for the establishment and operation of procedures necessary to monitor, compile, and analy ze data3

related to ambient air quality

. These regulations are included in Delaware’s app roved SI P listed in 40 CFR 52.420(c) which also apply to the 2008 lead NAAQS. Delaware has established and currently operates appropriate devices, methods, sy stems, and procedures necessary to monitor, compile, and analy ze 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 require d by

40 CFR part 58. Delaware currently measures and report s lead concentrations from its monitoring site located in Wilmington near ML K 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 p art 58, Appendix A, and all samplers are located at sites that have met the minimum siting requirements of 40 CFR p art 58, Appendix E. The data is submitted to EPA’s Air Quality Sy stem (AQS) s ys tem, in a timely

manner in accordance with the scheduled prescribed by EPA in 40 CFR p art 58.
Inorder to keep EPA informed of changes to the sampling network, DNREC provides EPA Region I II 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 p art 58, section 10. This plan , approved by EPA on November 11, 2011, contains all required information including site and monitor description, analy sis methods, operating schedule, monitoring objectives and scale of representativeness, as well as information on any planned changes. DNREC submits data to the AQS sy ste m, in a timely manner, pursuant to the schedule prescribed by

the EPA in 40 CFR p art 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 p art 58.

**3. Se**  **ction 110(a) (2)(C)**  Delaware has established and currently operates a program to provide for the e nforcement 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 n ecessary

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 SI P 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 11 25, 11 11 and 11 17 as well as the source monitoring, source testing and test methods, and recordkeeping and reporting provisions of 7 DE A dmin. Codes 11 12, 11 23, 11 24, 11 26, 11 31, 11 37, 11 39, 11 40, 11 42, and4

others in the approved Delaware SI P. 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 po rtion 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 phy sical properties of lead prevent lead emis sions 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 ty pically highest near lead sources. More specifically , the re 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 ty

pical 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 d istance in ambient air is characterized in the EPA memorandum, S election 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 bo undaries. Delaware does not have any existing sources of lead that are very large ( i

. e ., none with emission s greater than 0.5 tons per ye ar (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 Clay mont 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 Iareas . 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 SI P on July 19, 2011 (76 FR 42557).5

EPA will take separate action on the portion of section 110(a)(2)(D)(i)(I I) 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)** N either 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 a s 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 Guidanc e .
**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 SI P obligations with respect to the 2008 lead NAAQS. DNREC does not believe that there is any prohibiti on in any F ederal or S tate law that would prevent it from carrying out its SI P 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 t o carry out its SI P obligations. Further more , 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 ( F ederal 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 SI P. Delaware does not anticipate the need for additional resources beyond those to be appropriated in the above manner to carry out its SI P requirements. Delaware does not rely

on localities for specific SI P implementation. EPA finds Delaware ’s infras tructure SI P meets the current L ead 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, includ ing 7 DE Admin. Codes 1117 and 1103

. These regulations are included in Delaware’s approved SI P and are listed in 40 CFR 52.420(c) and also6

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 SI P , as required by the 2008 lead NAAQS , and are listed in 40 CFR 52.420(c)

. Delaware’s SI P requires that owners or operators of stationary sources monitor and submit periodic reports on the nature and amounts of emission s 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 inspect ion 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 monito ring 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 SI P, which are identified at 40 CFR 52.420(c). EPA finds Delaware’s infrastructure SI P meets the current L ead Infrastructure Guidance for CAA section 110(a)(2)(F).

**8 .**  **Section 110(a)(2)(G)** Delaware has authority

comparable to th at 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 cont aminant 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.7

Delaware’s SI P contains an emergency episode plan found in the State of Delaware Regulations Governing the Control of Air Pollution, 7 DE A dmin. Code 1115, Air Pollution Alert and Emergency

Plan , that is currently

approved in the SI P 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 unde r 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 SI P 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 standard s 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 .**  **S ection 110(a)(2)(J)**  Section 121 (relating to c onsultation ). 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 (M POs). The MPOs provide the forum for consultation with local governments. Delaware’s MPOs are: WI LM APCO, Kent County MPO, and the Salisbury

- Wicomoco MPO. Regional planning organizations provide the forum for inter

- state consultations. Additionally , co nsultations with Federal L and Managers are alway s on going in accordance with EPA rules. Section 127 (relating to public notification). All SI P 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 1 21 consultation process. Approved regulations in the Delaware SI P specify the organizations responsible for implementing and enforcing the8

plans.
Inaddition, 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 regio nal haze program requirements under part C of the CAA. EPA approved the Delaware regional haze SI P 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.

**1 1**  **. 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 rel evant 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 SI P submissions, permit actions, and through Federal grant commitments or in other way s that EPA may request.

**1 2**  **. 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 s ource, 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 sourc es 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 L ocal Operating Permits Programs.9

**1 3**  **. Section 110(a)(2)(M)**  Delaware will continue to provide for consultation and participation by local political subdivisions affected by

the SI P pursuant to the public notice laws found in 7 Del. C

. , sections 6006 and 6010, and 29 Del. C. Chapters 100 0 3, 10004, and 10115, as applicable. Furtherm ore, all Delaware SI P 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 politi cal subdivisions affected by the SI P.

**F .**  **CONCLUSIONS AND RECOMMEND**  **ED AGENCY ACTION** EPA’s analy sis 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.