CCSTATEOFDELAWAREDEPARTMENTOFNATURALRESOURCES&ENVIRONMENTALCONTROLDIVISIONOFAIR&WASTEMANAGEMENTAIRQUALITYMANAGEMENT1565.STATESTREETTELEPHONE:(302)739-9402SECTIONDOVER,DELAWARE19901F.xNo.:(302)739-3106CERTIFICATIONApril7,2010IherebycertifythatapublichearingwasheldJanuary5,2010,onarevisiontotheStateofDelawareStateImplementationPlanfortheAttainmentandMaintenanceoftheNationalAmbientAirQualityStandardsforOzone,byamendingRegulationNo.1141—LIMITINGEMISSIONSOFVOLATILEORGANICCOMPOUNDSFROMCONSUMERANDCOMMERCIALPRODUCTS,andcorrespondingamendmentstotheDelawareStateImplementationPlan(SIP)forattainmentofground-levelozonestandard-byrevisingSection3.0-PortableFuelContainers.DelawareadoptedSection3.0inJanuary2001inordertoreducevolatileorganiccompound(VOC)emissionsfromportablefuelcontainers(i.e.,gascans).EffectiveJanuary1,2009,EPAbegantoregulateemissionsfromportablefuelcontainersunderafederalrule(37FR8428).Thefederalruleprovidesforbetteremissioncontrolofportablefuelcontainers,andachievesgreaterVOCemissionreductionsthanthecurrentDelawareregulation.TheamendmentwilleliminatetheapplicabilityofSection3.0toportablefuelcontainersmanufacturedonandafterJanuary1,2009,andDelawarewillrelyonthefederalruletocontrolemissionsfromthissource.Also,theDepartmentproposestomakeacorrespondingrevisiontoitsozoneSIP,demonstratingthatthisrevisionandtherelianceonthefederalrulewillnotadverselyimpactDelaware’seffortsforattainingtheozoneairqualitystandard.TheeffectivedateoftheseamendmentsisApril11,2010.IfurthercertifythatthehearingwasheldinaccordancewiththenoticerequiredbySubsection51.102of40CFR51.‘AdministratorAirQualityManagementDivisionofAirandWasteManagementPRINTEDONRECYCLEDPAPERAuVe&waef49od1aiazeVeftetd4o1/odd---

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/ Inclep endent New sp ap er s, Inc. P.O. Box 7001 ver, De1awe 1903 l-800-2828586 State of Delaware: Counties
of Kent; Before me,

a Notary Public, lot the County and State aforesaid, Wanda Ford-Waring, known
to me to be such, who being sworn according

to law deposes and says that she is an officer of l±idepen&nt Newspaper Tnc, the Publisher
of the The Delaware State News,

a daily newspaper puNished

at Dover, County of Kent, and State of Delaware, and that the notice,

a copy of wAch

is here atta hed as ubk shed in the The Delaware State News in i issue of

3 A

C

/;L ‘I

I I :s. Sworn
to and Day of •1• DNREC- ir Qu Management JEGAL NOTICE PUBLIC HEARINGS The Depari:ment

of Natural Resources and Environmental Control (DNREC) will conduct four (4) separatc public hearings
on proposed amendments

to Delaware’s
air regulations:. A public hearing on amendments

to 7 DE Admin. Code 1141 Limiting Emissions

of Volatih’ Organic Compounds from Consumer and Commercial Products, and corresponding amend ments to the Delaware State Implementation
Plan (SIP) for attainment

of round-leveI ozone standard. The Department

is proposing

to amend 1141 by revising Section 3.0 ‘Portable FL Containers.” Delaware adopted Section 3.0 in January 2001
in order to reduce volatile organic com pound (VOC) emissions from portable fuel containers (i.e., gas cans). Effective January

1, 2009, the EPA began to regulate emissions from portable- fuel containers under

a federal rule (37 FR 8428). The feder al rule provides for better emission control of portable fuel containers, and therefore achieves greater VOC emission reductions than the current Delaware regulation.

As such, the Department proposes that 3.0 of 7 DE Admin. Code 1141 not apply to portable fuel containers manufactured

on and after January 1, 2009, and that Delaware rely on the federal rule to control emissions from this source. Also, the De partment proposes

to make

a corresponding revision
to its ozone SIP, demonstrating that this revision and the reliance on the federal rule will not adversely impact Delaware’s efforts for attaining the ozone air quality standard. • A public hearing on amendments

to 7DE Admin. Code 1125, Requirements

for Precon struction Review, The Department

is proposing

to amend 1125 by revising Section 3.0, “Prevention

ot Significant Deterioration

of Air Quality.” 1125 regulates emissions

of pollutants from new and modified facilities, and is organized
by attainment status of pollutants emitted, relative
to federal national ambient air quality standards (NMQS); 2.0 covers non-attainment
and 10 covers attainment areas. This action is to amend 3.0 of 7 DE Admin. Code 1125 to cite explicitly that nitrogen oxides (Nox)

is a precursor

to the formation
of ground-level ozone. EPA requires this revision (see 73 FR 16205, March 27, 2008) li& cause they have determined
the current regulatory language

is not clear that Nox, in addition
to volatile organic compounds,

is a ground-level ozone precursor. This action has no immediate impact because
all • of Delaware

is classified

as non-attainment

Of the ground-level ozone NAAQS, and regulated under 2.0 of 7 DE Admin. Code 1125; and 2.0 clearly states that Nox is a precursor

to the formation

of ground-level ozone.•-. • A public hearing on amendments

to 7 DE Admin. Code 1138, Emission Standards for Haz ardous Air Pollutants for Source Categories. The Department

is proposing

to amend 1138 by add ing
a new Section
14 that will affect surface coating operations that spray apply coatings that contain any compounds

of cadmium, chromium, lead, manganese

or nickel. This proposed new section

is based on -a federal rule that the -EPA promulgated

at 40 CFR Part 63 Subpart HHHHHH, and existing require ments found
in similar area source standards

in 1138. The purpose
of this proposed amendment

is to provide increased protection -for Delaware citizens against potential adverse health effects linked to a long term exposure

to Eadmium, chromium, lead, manganese,

or nickel compounds.

In addition,
all of these compounds, except the manganese compounds,
are classified

as known or probable human carci nogens by the EPA. Note that this proposed amendment does not apply to facilities that apply surface coatings

to motor vehicles (auto body shops)
or mobile equipment;
the -Department plans to address these sources

in 2010.-- • A public hearing on amendments

to 7 DE Admin. Code 1124, Control of Volatile Organir Compounds.
The Department

is proposin 9

to amend 1124 by revising Section 2.0, “Definitions”; Sec tion 12.0, “Surface Coating
of Plastic Parts’; Section 19.0, “Coating
of Metal Furniture”; Section 20.0, “Coating
of Large Appliances”; and Section 22.0, “Coating
of Miscellaneous Metal Parts.” The purpose
of these revisions

is to conform

to new Control Techniques Guidelines (CTG) documents issued by EPA. EPA requires
all ozone non-attainment areas, including Delaware,

to update regulations
for emission sources covered

in an EPA CTG, and to submit the regulations

to EPA as State Implementation
Plan (SIP) revisions. These revisions

to 1124 reduce the volatile organic compound (VOC) contents
of currently regulated coatings, regulate additional coating categories, require the use coating application equipment that provides for high transfer efficiency, and require that clean-up solvent emissions
be included

in regulatory applicability determinations.--- These public hearings will be held on Tuesday, January

5, 2010, beginning

at 6:00 PM in the DNREC’s Air Quality Management Office, 156 S. State Street, Dover, DE. The four separate hearings will be held in succession,

in the order shown above, beginning

at 6:00PM. Persons interested

in one or more of the hearings should arrive by 6:00PM,
as these changes are ex pectedto
be non-controversial

and the hearings may progress quickly. The proposed amendments may be inspected

at the Department’s offices located
at 156 5: State StrèE Dover and at 715 Grantham Lane, -New Castle,
sr at http://www.awm.delaware.gov/Info/Regs/Pag es/AQMPlansRegs.aspx,

or in the December

1, 2009 edition of the- Delaware Register
of Regulations, which

is available online
at http://regulations.delaware.gov/services/register.shtml.

For additional infor mation
or to make an appointment

to inspect the proposed amendments, please contact Jim Snead
in New Castle at (302) 323-4542,

or Ron Amirikian

in Dover at (302) 739-9402. Interested parties may submit comments

in writing on any of these proposed amendments

by the end of the comment period, which will extend through January

5, 2010, or a longer period

if designated

by the hearing officer at the hearing. Statements and testimony may also be presented either orally or in writinç at the January

5, 2010 public hearings.

It is requested that those interested

in presenting statements

at the public hearings register

in advance, and that written statements and comments
be addressed
to: JimSnead DNREC Air Quality Management Sectioni 715 Grantham Lane‘I New Castle DE 19720 ‘ames Snead@state

de us This IS THE TIME THIS NOTICE WILL APPEAR 339682 DSN 11/22/09--•-----,••,-C

CMmling:TheNewsJournalPUBox15505Wilmington.DE19850SundayNewsJournalStreetTheNewsJournalTheNewsJournal950W.BasinRoadNewCastle,DE10720(302)324-2500 The News Journal AFFIDAVIT

OF PUBLICATION STATE OF DELAWARE COUNTY OFNEW CASTLEPersonallyappearedbeforemethis23rddayofNovember,2009:I,KristinSegner,oftheNEWSJOURNALCOMPANY,adailynewspaperprintedandpublishedintheCountyofNewCastleCounty,StateofDelaware,who,beingdulyswornstatesthattheadvertisementofS/DDNRECAirQualityManagementSection—LegalNotice-PublicHearingswaspublishedinTHENEWSJOURNALonN/Aand/orTHESUNDAYNEWSJOURNALonNovember22,2009LegalCoordinatorameTitleSworntobeforemethis23rddayofNovember,2009JNotaryPublicWandaJamesNotaryPublicStateofDelawareCiisSjOflexpires11/02/2012G DNREc/AIR GUALITY _________ MANAGEMENT 1 LEGAL NOTICE PUBLIC-HEARINGS The Department

of Natural Resources and Environ mental Control (DNREC) will conduct four (4) seesrate public hearings
on proposed smendments

to bel aware’s air regulationa:- • A public hearing on amendments

to 7 06 Admin. Code 1141 Llmitin Emissions

of Volatile Or anic Corn ounda rorn onsumer
an ommer c a ro ucta, an correapors

ng amendments

to the Delaware State Implementation
Plan (SIP) for attainment

of ground-level ozone standard. The Department

is proposing

to emend 1141 by revising Section 3.0 “Porteble Fuel Conteiners.” Delaware adopted Section 3.0 in Jsnuary 2001 in order.to re duce volatile organic compound (VOC) emissions from portable fuel contsiners (i.e., gas cans). Effec tive Jsnuary

1, 2009, the EPA began
to regulate emis sione from portable fuel containers under

a federal rule (37 FR 8428). The federal rule provides for bet ter emission control
of portable fuel containers, end therefore achieves greeter VOC emission reductions then the current Delswsre reguistion.

As such, the Department proposes thet 3.0 of 7 DE 4çtmin. Code 1141 not apply to portable fuel contsiners msnufac tured on end after January

1, 2009, end that Dele were rely on the tederel rule to control emissions from this source. Also, the Depsrtment proposes

to meRe

a corresponding revision
to its ozone SIP, dem onstrsting that this revision end the reliance
on the, federal rule will not adversely impact Delaware’s
ef forts for etteining the ozone sir quahty standerd. A public hearing
on amendments

to 7 DE Admis Coda 1125, Re uirements
for Pre’construt tion Review. The epsrtment

is proposing

to iiñiiWl25y revising Section 3.0, “PreventIon

of Signlticsnt Deterioration

of Air Quality.” 1125

r u Isles emissions

of pollutants from new and modif ad facilities, and is organized
by attainment ststua of pollutants emitted relative
to federal national smbleit sir quality standards’ (NAAQS);
2.0 covers no- attainment and .0 covers attainment areas. This ac tion Is to amend 3.0 ot 7 DE Admin. Code 1125 to cite espiicitly that nitrogen oxides (NOx)
Is a precur sor to the formation

of ground-level ozone. EPA re quiras thia revision (see 73 FR 16205,, March 27, 2008) becauae they have detarminad’the current reg ulatory language

is not clear that NOx, in addition
to volatile organic compounds,

is a ground-level ozone precursor. This action has no Immediate impact be cause all of Delaware

is classified

as non-attainment of the ground-level ozone NAAQS, end regulated un der 2.0 of 7 DE Admin. Code 1125; and 2.0 clearly states that NOx
is a precursor

to the formation

of ground-level ozone. • A public hearing
on amendments

to
7 06 cft t’trWMi 9 Lt

a new Section
14 that will affect surface coating opera tions that spray apply coatings that contain any com pounda
of cadmium, chromium, lead, manganese

‘or nickel, This proposed new section

is based on a fed eral rs)e that the EPA promui 9 ated

at 40 CFR Part 63 Subpart HHHHftft, end e*isting requirements found in simitar area source standards

in 1138. The pur pose of this proposed amendment

is to provide in creased protection
(or Delaware citizens against p0- tential adverke health effects linked
to a loqg term ex posure
to’ cadmium,’ chromium, lead, manganese,

or nickel compounds.

in addition,

all of these com pounds, except the manganese compounds,
are clas sified as known
or probable human carcinogens

by the EPA. Note that this proposed amendment does not apply to facilities that apply surface coatings

to motor vehicles (auto body shops)
or mobile equip rnt; the Department plans to address these sour ces in 2010. • A publIc hearing en amendments

to 7 06 Admin.- Code 1124, Control otY-olatlie

Or anic Compounda.- The apartment

is proposing

to amend 112T’by revising’Seotion

2.0, “DefinitIons”; Section 12.0, “Surface Coating
of Plastic Paris”; Sec tion 19.0,’ ‘Coating
of Metal Furniture”; Section 20.0, “Coating

of Large Appliances”;
end Section 22.0,, “Coating

of Miscellaneous Mete[ Parts.” The purpose of these revisions

is to conform

to new Control Tech niques Guidelines (CTG) documenti issued by EPA. EPA requirda all ozone non-affainment areas, includ ing Delaware,

to update-regulations

for emission sour ces covared

in an EP.% CTG, snd to submit the regu lations
to EPA as State Implementetion Plan (SIP) re visions. These revisions

to 1124 reduce the volatile or ganic compound (VOC) contents
of ourrently regulet ad coatings, regulate additional ooatin9 categories,
re quire the use coating application equipment that pro vides for high transfer efficiency, and require that clean-up solvent emissions
be included

in regulatory applipability determinations. These public hearings will be held on Tuesday, January

5 2010, beginning

at 6:00 PM in the DNREQ’s Air Quality Management OffIce, 156 S. State Street, Dover, 05. The four separate hear inga will be held in succession,

in the order shown above, beginning

at 6:00PM. Persona
In terested

in one or more of the hearings shouid ar rise by 6:00PM,
aa these changes are expected

to be non-controversial

and the hearings may prog

The proposed amendments may be inspected

at the Department’s officea located

at 156 5. State Street, Dover and at 715 Grsntham Lane,. New Castle,
or at http:i/www.swm.delswsre.gov/lnfo! RegsiPeges/AQMPlanaRegs.aspx,

or in the Decem ber
1, 2009 edition -of the Delaware Register of Regulations, whroh

is available online

at hsp:flregslations.delawsre.gon/serviceslrsgistsr.shtml.

For additional information

or to make an appointment

to inspect the proposed amendments, please contact Jim Snesd
in New Castle
at (302) 323-4542,

or Ron Amirikian

in Dover at (302) 739-9402. Interested parties may submit comment’s in-writing
on any of these proposed amendments

by the end of the comment period, which -will extend through January 5, 2010, or a longer period

if designated

by the hear ing officer
at the hearing. Statements and testimony may also be presented either’ orally or in- writing
at the January

5, 2010 publio hearings.

It is requepted that those interested

in presenting statements

at the public hearings register

in advance, ‘and that written statements and comments

be addressed

to: Jim Snead- DNREC- Air Quslity Management Section— -715 Grsntham Lane- New Castle DE 19720- Jsmes.Snesd@state.de.us THIS IS THE ONLY TIME THIS NOTICE WILL APPEAR 11/22-NJ---