Secretary’s Order No. 2009-A-0031

Re: APPROVAL OF REVISION TO STATE IMPLEMENTATION PLAN FOR

OZONE, FINE PARTICULATE MATTER (PM2.5), NATIONAL

AMBIENT AIR QUALITY STANDARDS AND VISIBILITY

Date of Issuance: September 1, 2009

Effective Date: September ,2009

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

Resources and Environmental Control (Department) under 29 Del. C. §8OO1 el seq. and

7 Del. C. 6O]Q(c), this Order is entered to approve a revision to the State

Implementation Plan required under the federal Clean Air Act and regulations

promulgated by the United States Environmental Protection Agency (EPA).

Background

EPA delegated authority to the Department to administer certain responsibilities

in Delaware under the federal Clean Air Act, as amended, 42 U.S.C74O] et seq.(CAA). The delegation included preparing Delaware’s State Implementation Plan (SIP),

which consists of regulations, source specific requirements, plans and emissioninventories that together identify how Delaware will attain and maintain air quality thatconforms to primary and secondary National Ambient Air Quality Standards (NAAQS),

which are EPA regulations. Delaware’s SIP is reflected in EPA’s regulations at 40 C.F.R.

Part 52, Subpart I. The Delaware SIP is subject to ongoing revisions, which reflectsDelaware’s progress towards the goal of cleaner air quality. The SIP provides a road map

Veiacvze lte te,ed4 oa
On December 13, 2007, the Department submitted to EPA a report entitled ‘State

Implementation Plan Revision for Ozone, Fine Particulate Matter (PM2.5) and

Visibility.’ EPA’s review of this report resulted in its request to clarify and supplement

certain language, and the Department’s Division of Air and Waste Management, Air

Quality Management Section (AQMS) prepared the proposed revised report, dated July

13, 2009 to reflect EPA’s requested changes to the 2007 submission.

The Department held a duly noticed public hearing on the Report on August 27,

2009 in the Department’s Dover offices of AQMS. At the public hearing, the

Department’s expert, Mark Prettyrnan, presented the proposed report and introduced

documents into the record to support its adoption as a final Plan revision. EPA providedthe Department with additional written comments during the public comment period and

the Department made the EPA recommended non-substantive changes. AQMS as

submitted as the proposed final plan at the hearing. The Department’s presiding hearing

officer, Robert P. Haynes, recommended at the hearing that the Department approve the

proposed Report, as revised, and submit to EPA as a SiP revision to show compliance

with the federal law and regulations.

The Department did not receive any comments except from EPA. The

Department reflected the EPA suggested non-substantive changes in the revised Reportadmitted into the record at the public hearing, a copy of which is attached hereto as
Reasons and Findings

I find that approval of the Report, as attached hereto as Appendix A in its final

plan, is well-supported by the record developed at the public hearing and that the Report

should he adopted as a revision to the SIP. The Report was the subject of public notices

that provided the public with the opportunity to comment on the Report. The Department

received only the comments from EPA daring the public comment period that ended at

the August 27, 2009 public hearing. I agree that the proposed SIP revision should be

approved and that the Department should submit the Report in Appendix A to EPA to

show Delaware’s compliance with the CAA and EPA’s reporting requirements under theCAA. The SIP revision sets forth the Department’s progress in promulgating the

regulations to significantly reduce air emission of pollutants and enable Delaware to

comply with the 8 hour ozone and annual fine particulate matter established in the

NAAQS by 2010. These regulatory actions will enable Delaware to meet the visibility

related obligations imposed by the CAA and EPA’s regulations and will result inhealthier air for Delaware.

In conclusion, the following findings and conclusions are entered:

I. The Department, acting through this Order of the Secretary, hereby

approves as reasonable the July 13, 2009 Report, revised on August 28, 2009 in response

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revision.

Collin OMara

Secretary

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