Secretary’s Order No.: 2009—A-0008

RE: Proposed Amendments to Regulation No. 1141 of the State of

Delaware Regviations Governing the Control ofAir Pollution: “Limiting

Emissions of Volatile Organic Compounds From Consumer and

Commercial Products” - Section 2.0 (Consumer Products) and Section

4.0 (Adhesives & Sealants)

Date of Issuance: March 16, 2009

Effective Date of the Amendment: April 11, 2009

I. Background:

A public hearing was held on Wednesday, January 28, 2009, at

6:00 p.m. at the DNREC Priscilla Building conference room, 156 S. State

Street, Delaware, to receive public comment on the proposed amendment

to existing Delaware Regulation 1141, “Limiting Emissions of VolatileOrganic Compounds From Consumer and Commercial Products”:

Section 2.0 (Consumer Products) and Section 4.0 (Adhesives & Sealants).

The purpose of this amendment is to reduce volatile organic compounds

(VOCs) from some commercial and consumer products sold, distributed,

manufactured or used in Delaware. VOCs and other compounds can

react in the lower atmosphere during hot, sunny days to form groundlevel ozone. High levels of ground-level ozone can damage lung tissue,

aggravate respiratory conditions and make people more susceptible to

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District of Columbia) that are part of the Ozone Transport Commission

created under the federal Clean Air Act, which works to develop and

implement. solutions to the ground-level ozone problem in the Northeast

and Mid-Atlantic regions. This proposed amendment to Delaware

Regulation No. 1141 is based on the recently developed Ozone TransportCommission model rules, which in turn were based on similar California

rules that have been in existence since 1998. The amendment, once

promulgated, will reduce VOC emissions in Delaware and will become

part of DNREC’s plan to attain the 8-hour ground-level ozone National

Ambient Air Quality Standard (NAAQS) by 2010.

The proposed amendment to Regulation No. 1141 revises existing

Section 2.0 by adding the sale, distribution, and manufacture of 23

additional consumer products and product types to the 89 products

already in the original rule, which became effective in Delaware in 2005.

These products include personal hygiene and grooming, home cleaning,

and cleaning of electrical and electronic equipment. If adopted, Section2.0 of this amendment would reduce such VOC emissions in Delaware by

up to 220 tons per year.

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and 3 sealant primers. The products are primarily used in home

construction, carpet and roof installation, auto repair, and tire retreading

operations. If adopted, Section 4.0 is projected to reduce VOC emissions

by approximately 365 tons per year. -

Various members of the public attended this hearing on January

28, 2009 to offer public comment with regard to the aforementioned

amendments to Delaware’s existing Regulation 1141, and those

comments were thoroughly addressed by the Department during this

regulatory promulgation. Proper notice of the hearing was provided as

required by law.

After the hearing, the Hearing Officer prepared her report and

recommendation in the form of a Hearing Officer’s Memorandum to theSecretary dated February 10, 2009, and that Report in its entirety is

expressly incorporated herein by reference.

IL Findings:

The Department has provided a reasoned analysis and a sound

conclusion with regard to this proposed regulatory action, as reflected in

the Hearing Officer’s Memorandum of February 10, 2009, which again is

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2. The Department provided adequate public notice of the

proceeding and the public hearing in a manner required by the

law and regulations;

3. The Department held a public hearing in a manner required by

the law and regulations;

4. The Department has reviewed this proposed amendment in the

light of the Regulatory Flexibility Act, and has determined it to

be lawful, feasible and desirable, and that the revisions as

proposed should be applied to all Delaware citizens and

members of the regulated community equally in order to provide

increased public health to Delaware’s citizens, as well as to

provide greater consistency between current state air toxics

standards and the recently promulgated federal standard on

which this proposed amendment is based;

5. Promulgation of this proposed amendment would update

Delaware’s requirements to be consistent with the federal

requirements, and is one of several regional measures being

adopted to aid in the attainment and maintenance of the eight

hour ozone NAAQS by 2010;

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approximately 365 tons per year VOC reduction as well;

7. The Department’s Response Document dated February 9, 2009,

provides a thorough, accurate and balanced summary of the

record, and is expressly incorporated herein for that purpose.

8. The Department has an adequate record for its decision, and no

further public hearing is appropriate or necessary;

9. The Department’s proposed regulatory amendments to

Delaware’s existing Regulation 1141, as published in the

January 1, 2009 Delaware Register of Regulations and as

revised and set forth within Attachment “B” hereto, is

adequately supported, not arbitrary or capricious, and is

consistent with the applicable laws and regulations.

Consequently, it should be approved as a final regulation,

which shall go into effect ten days after its publication in the

next available issue of the Delaware Register ofRegulations; and

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III. Order:

Based on the record developed, as reviewed in the Hearing Officer’s

Memorandum dated February 10, 2009, and expressly incorporated

herein, it is hereby ordered that the proposed amendments to existing

Delaware Regulation No. 1141, “Limiting Emissions of Volatile Organic

Compounds From Consumer and Commercial Products”: Section 2.0

(Consumer Products) and Section 4.0 (Adhesives & Sealarits), be

promulgated in final form in the customary manner and established rule

making procedure required by law.

IV. Reasons: /

The promulgation of the aforementioned amendments to existing

State of Delaware Regulation 1141 will bring Delaware into compliance

with Federal standards by updating Delaware’s requirements, where

appropriate, to be consistent with the same, and will also result in betterpublic health standards for Delaware’s citizens. Moreover, this

promulgation will reduce VOC emissions in Delaware and will become

part of the State of Delaware’s plan to attain the 8-hour ground-levelozone National Ambient Air Quality Standard (NAAQS) by 2010.

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public concerns surrounding the same, in furtherance of the policy and

purposes of 7 Del. C., Ch. 60.

David S. Small

Acting Secretary

Ahear\ Reg. 1141 .AxundzntO9.sect.2.O and 4.O.ORD

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