Secretary’s Order No.: 2011-A-0020

RE: Approving as Final Supplement to Delaware’s Sept. 16, 2009

CAA Section 110, “Infrastructure” State Implementation Plan (SIP) Submission

Date of Issuance: March 16, 2011

Effective Date of the Amendment: April 11, 2011

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

Resources and Environmental Control (“Department” or “DNREC”) the following

findings, reasons and conclusions are entered as an Order of the Secretary in the abovereferenced rulemaking proceeding.

Background and Procedural History

This Order considers the proposed State Implementation Plan (SIP) document that

will be submitted by DNREC to the Environmental Protection Agency (“EPA”) to

supplement Delaware’s September 16, 2009 CAA Section 110 “Infrastructure” State

Implementation Plan (SIP) Submission. The Department’s previous SIP submission of

September 16, 2009, titled State Implementation Plan for Meeting the Infrastructure

Requirements ofthe Clean Air Actfor Fine Particulate Matter, was submitted to the EPA

to satisfy the requirements of Section 1 10(a)(1) and 1 10(a)(2) of the Clean Air Act

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transport. The SIP revision that the Department is currently proposing supplements the

September 16, 2009 SIP revision by adding a technical analysis that explains and

demonstrates in additional detail how Delaware has satisfied the requirements of CAA

11 0(a)(2)(D)(i)(I), addressing interstate transport by demonstrating that Delaware has

fulfilled its requirements to control sources that contribute significantly to non-attainment

in, or interfere with maintenance by, any other State with respect to any such national

primary or secondary ambient air quality standard(s) which address downwind

contributions (interstate transport) from Delaware sources.

It should be noted that on December 8, 2010, the Department submitted the same

supplemental technical analysis that it is currently proposing to the EPA, and requested

that EPA process it in parallel with any rulemaking on its September 16, 2009 SIP

submission while DNREC completes the public participation procedures necessary to

make a formal SIP revision request. This is known as “parallel processing”, and isdetailed in 40 CFR Part 51 Appendix v at 2.3.1. This was done to enable EPA to

consider this technical analysis in any rulemaking it takes on Delaware’s September 16,

2009 submittal between now and the date the complete formal submittal of this SIPsupplement is made by DNREC to EPA.

It should be noted that the Department received no public comment at any phase

of this promulgation process, including, but not limited to, at the time of the public

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1, 2011. The Department’s presiding hearing officer, Lisa A. Vest, prepared a Hearing

Officer’s Report dated March 8, 2011 (Report). The Report recommends certain findings

and the adoption of the proposed supplemental SIP submission as attached to the Report

as Appendix A.

Findings and Discussion

I find that the proposed supplemental SIP submission is well-supported by the

record developed by the Department, and adopt the Report to the extent it is consistent

with this Order. The Department’s expert developed the record and drafted the proposedsupplemental SIP. Throughout the entire regulatory development process regarding this

promulgation, the Department received no public comments from the regulated

community, as noted in the Report.

I find that the Department’s DAQ expert fully developed the record to support

adoption of this proposed supplemental SIP submission. With this adoption of this

promulgation, the Department will be enabled to supplement its September 16, 2009 SIPrevision by adding a technical analysis that explains and demonstrates in additional detail

how Delaware has satisfied the requirements of CAA 11 0(a)(2)(D)(i)(I), addressinginterstate transport by demonstrating that Delaware has fulfilled its requirements to

control sources that contribute significantly to non-attainment in, or interfere with

maintenance by, any other State with respect to any such national primary or secondary

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Order adopting this proposed Amendment as final;

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

supplemental SIP submission, and provided the public with an adequate opportunity to

comment on the same, including at a public hearing;

3.) The Department held a public hearing on February 1, 2011 on the

proposed supplemental SIP submission in order to consider public comments before

making any final decision, however, the Department received no public commentsconcerning this matter;

4) The Department’s Hearing Officer’s Report, including its recommended

record and the recommended supplemental SIP submission as set forth in Appendix A,are adopted to provide additional reasons and findings for this Order;

5.) The recommended supplemental SIP submission does not reflect any

substantive change from the proposed supplemental SIP submission as published in the

February 1, 2011, Delaware Register ofRegulations;

6.) The recommended supplemental SIP submission should be adopted as

final because Delaware will then be enabled to supplement its September 16, 2009 SIP

revision by adding a technical analysis that explains and demonstrates in additional detail

how Delaware has satisfied the requirements of CAA 11 0(a)(2)(D)(i)(I), addressing

interstate transport by demonstrating that Delaware has fulfilled its requirements to

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supported by documents in the record; and

7.) The Department shall submit this Order approving the final supplemental

SIP submission to the Delaware Register of Regulations for publication in its next

available issue, and provide such other notice as the law and regulation require and the

Department determines is appropriate.

Secretary

Ahea? Suppl.to DE Sept.09 CA.A Sect. 110 Infrastr.SIP revision 2011 .ORD

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