Secretary’s Order No.: 2010-A-0008

RE: Approving Final Amendments to 7 DE Admin. Code 1141,

Limiting Emissions of Volatile Organic Compounds from Consumer

and Commercial Products, Section 3.0, “Portable Fuel Containers”; and a

Corresponding Revision to the Delaware State Implementation Plan (SIP) for

Attainment of Ground-Level Ozone Standard

Date of Issuance: March 11,2010

Effective Date of the Amendment: April 11, 2010

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

Resources and Environmental Control (“Department” or “DNREC”) the followingfindings, reasons and conclusions are entered as an Order of the Secretary in the abovereferenced rulemaking proceeding.

Background and Procedural History

This Order considers proposed regulatory amendments to 7 DE Admin. Code

1141, Limiting Emissions of Volatile Organic Compounds from Consumer and

Commercial Products, Section 30. “Portable Fuel Containers”, and a corresponding

revision to the Delaware State Implementation Plan (SIP) for attainment of ground-level

ozone standard. The Department’s Air Quality Management (AQM) Section of the

Divisions of Air and Waste Management (DAWM) commenced the regulatory

development process with Start Action Notice 2009-21. The Department published the

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Amendments as attached to the Report as Appendix A.

Findings and Discussion

I find that the proposed Amendments are 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 experts developed the record and drafted the proposed. Amendment.

Throughout the entire regulatory development process regarding this promulgation, the

Department received no public comments, as noted in the Report.

I find that the Department’s experts in the AQM Section of the DAWM fully

developed the record to support adoption of these Amendments. With the adoption of

this Order, Delaware regulations regarding portable fuel containers will no longer apply

to portable fuel containers manufactured on and after January 1, ‘2009, but will be subject

to regulation under Federal Rule 72 FR 8428. This change will enable Delaware to more

efficiently and effectively reduce VOC emissions from portable fuel containers, as the

Federal Rule provides for better VOC emission control of said containers, and therefore

achieves greater VOC emission reductions than the previously existent Delaware

regulation regarding this matter. Additionally, the Department’s corresponding revision

to Delaware’s State Implementation Plan (SIP) will demonstrate that this promulgation

A typographical error was made by the Delaware Register ofRegulations when publishing the Register Notice for this proposed

regulation in its Dec. 1,2009 issue. Although the correct SAN number is 2009-21 as referenced above, it was incorrectly published by

the Register as 2009-28 at that time. At the request ofthe Delaware Register of Regulations, this error is being noted at this time.

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Order adopting these proposed Amendments as final;

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

Amendments, and provided the public with an adequate opportunity to comment on the

proposed Amendments, including at a public hearing;

3.) The Department held a public hearing on January 5, 2010 on the proposed

Amendments in order to consider public comments before making any final decision,

however, no public comments were received either prior to or after said hearing date;

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

record and the recommended Amendments as set forth in Appendix A, are adopted to

provide additional reasons and fmdings for this Order;

5.) The recommended Amendments do not reflect any substantive changes

from the proposed regulation Amendments as published in the December 1, 2009,

Delaware Register ofRegulations;

6.) The recommended Amendments should be adopted as final regulation

Amendments because (1) Delaware will be enabled to more efficiently and effectively

reduce VOC emissions from portable fuel containers, as Federal Rule 72 FR 8428

provides for better VOC emission control, and therefore achieves greater VOC emission

reductions, of said containers than the previously existent Delaware regulation regarding

this matter; (2) the Department’s corresponding revision to Delaware’s State

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7.) The Department shall submit this Order approving the final regulation 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 Departmentdetermines is appropriate.

Collin P. O’MaraSecretary

Ahear\ Reg. 1141 .AmndmtSect.3.O.2010.Ord.

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