CERTIFICATION

April 7, 2010

I hereby certify that a public hearing was held January 5, 2010, on a revision to the State of

Delaware State Implementation Plan for the Attainment and Maintenance ofthe National

Ambient Air Quality Standards for Ozone, by amending Regulation No. 1141 — LIMITING

EMISSIONS OF VOLATILE ORGANIC COMPOUNDS FROM CONSUMER ANDCOMMERCIAL PRODUCTS, and corresponding amendments to the Delaware State

Implementation Plan (SIP) for attainment of ground-level ozone standard - by revising Section 3.0 -

Portable Fuel Containers. Delaware adopted Section 3.0 in January 2001 in order to reduce volatile

organic compound (VOC) emissions from portable fuel containers (i.e., gas cans). Effective January

1, 2009, EPA began to regulate emissions from portable fuel containers under a federal rule (37 FR

8428). The federal rule provides for better emission control of portable fuel containers, and achieves

greater VOC emission reductions than the current Delaware regulation. The amendment will

eliminate the applicability of Section 3.0 to portable fuel containers manufactured on and after

January 1, 2009, and Delaware will rely on the federal rule to control emissions from this source.

Also, the Department proposes to make a corresponding revision to its ozone SIP, demonstrating thatthis revision and the reliance on the federal rule will not adversely impact Delaware’s efforts forattaining the ozone air quality standard. The effective date ofthese amendments is April 11, 2010.

I further certify that the hearing was held in accordance with the notice required by Subsection

51.102 of 40 CFR 51.

‘Administrator

Air Quality Management

Division ofAir and Waste Management

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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 StateNews, 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

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eder 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 9to 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 Section i 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 - - • - - -

- -,••, -
The News Journal

AFFIDAVIT OF PUBLICATION

STATE OF DELAWARE COUNTY OF NEW CASTLE

Personally appeared before me this 23rd day of November, 2009:

I, Kristin Segner, of the NEWS JOURNAL COMPANY, a daily newspaper printed and

published in the County of New Castle County, State of Delaware, who, being duly sworn states

that the advertisement of S/D DNREC Air Quality Management Section — Legal Notice-Public

Hearings

was published in THE NEWS JOURNAL on N/A

and/or THE SUNDAY NEWS JOURNAL on November 22, 2009

Legal Coordinator

ame Title

Sworn to before me this 23rd day of November, 2009

J

Notary Public

Wanda James

Notary Public

State of Delaware

CiisSjOfl expires 11/02/2012
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 action Is to amend 3.0 ot 7 DE Admin. Code 1125 tocite 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

cftt’trWMi 9Lta

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 9atedat 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 exposure 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 Techniques 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 organic 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

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 - - -