August 28, 2009

Implementation, Maintenance,

And Enforcement of the 2006 24-Hr

PM25 National Ambient Air Quality Standards

(NAAQS)

Delaware Department of Natural Resources and

Environmental Control, Air Quality Management
2
Delaware’s initial SIP was approved by the EPA on May 31, 1972. Since this initial

approval, the Delaware SIP has been revised numerous times to address air quality nonattainment and maintenance issues. This was done by updating plans and inventories,

and adding new and revised regulatory control requirements. Delaware’s SIP is compiled

at 40 C.F.R. Part 52 Subpart I.

Section 2.0 of this document is a revision to Delaware’s SIP. The purpose of this SIP

revision is to detail how Delaware meets all of the necessary implementation,

maintenance, and enforcement measures required by the Clean Air Act (“CAA”),

specifically, CAA §1 10(a)(1) and (2). This SIP revision is necessary because the EPA

fmalized a new 24-hour PM2.5 NAAQS on October 17, 2006 (71 FR 61144), and

“infrastructure SIPs” are due to the EPA within 3-years from the date ofsignature of any

new NAAQS under CAA Section 110(a). Under the heading “Delaware’s Plan” in

Section 2.0 of this document Delaware provides a revision to its SIP to address those

requirements of Section 11 0(a)(2)(A)-.(M) of the CAA which have not been addressed inother SIP revisions. It is a compilation of certain elements that describe how Delaware

demonstrates the 2006 24-hr fine particulate (PM2.5)NAAQS is being implemented,

maintained and enforced. The elements ofthis SIP revision, once approved by EPA, will

provide a federally enforceable written confirmation that Delaware will continue to

comply with the Section 1 10(a)(2) requirements ofthe CAA.

Legislative authority for the Delaware air quality program relating to the responsibilities

in the CAA is codified in Title 7 “Conservation” of the Delaware Code, Chapter 60 — Delaware’s comprehensive water and air resources conservation law, which gives the

Delaware DNREC the power and duty to implement the provisions of the CAA in the

State ofDelaware.

Many of the miscellaneous requirements of Section 1 10(a)(2)(A)-(M) of the CAA

relevant to the 2006 PM2.5 NAAQS are already contained in Delaware’s SIP or in SIP

revisions which have been submitted to but not yet approved by EPA. The following

Table identifies those SIP provisions, which have all gone through public notice and

hearing prior to submittal to EPA. The following Table also identifies thoseinfrastructure requirements which are not applicable to Delaware.

3
limitations and other control

measures, means, or techniques

(including economic incentives

such as fees, marketable permits,

and auctions of emissions rights),as well as schedules and timetables

for compliance as may be’

necessary or appropriate to meet

the applicable requirements ofthis

Act.

schedules contained in Delaware

s SIP

that are listed in 40 CFR 52.420(c).

• Regulation 46 Electric Generating

Unit (EGU) Multi-Pollutant

Regulation, November 21, 2006

• Regulation 13, Open Burning

Regulation, May 2, 2007

• Regulation 24, Section 46, Crude

Oil Lightering, May 2, 2007

• Regulation 48, Combustion Turbine

Generator Emissions, September 11,

2007

• Regulation 44, Stationary Generator

Emissions, November 1, 2007

Regulation 1, Definitions And

Administrative Principles

• Regulation 4, Particulate Emissions

From Fuel Burning Equipment

• RegulationS, Particulate Emissions

From Industrial Process Operations

• Regulation 6, Particulate Emissions

From Construction And Materials

Handling

a Regulation 7, Emissions From

Incineration OfNoninfectious

Waste

• Regulation 8, Sulfur Dioxide

Emissions From Fuel BurningEquipment

• Regulation 9, Emissions Of Sulfur

Compounds From Industrial

Operations

• Regulation 10, Control Of Sulfur

Dioxide Emissions Kent AndSussex Counties

• Regulation 12, Control OfNitrogen

Oxides Emissions

• Regulation 14, Visible Emissions

• Regulation 24, Control Of Volatile

1 All ofthe State ofDelaware “Regulations Governing the Control of Air Pollution” have been re-coded

under 7 DE Admin Code 1100, effective September 11,2008. This recoding was submitted to the EPA as aSIP on June 15, 2009, but has not yet been approved into the DE SIP. Because ofthis some ofDelaware’s

control requirements are cited in this document in the old format. For example, “7 DE Admin Code 1131”

is cited as “Regulation 31

4
• Regulation 35, Conformity Of

General Federal Actions To The

State Implementation Plans

• Regulation 36, Acid Rain Program

• Regulation No. 37, NOx Budget

Program

• Regulation No. 39, Nitrogen Oxides

Budget Trading Program

Regulation 40, National Low

Emission Vehicle Program

• Regulation 41, Limiting Emissions

Of Volatile Organic Compounds

From Consumer And Commercial

Products

Regulation 42, Specific Emission

Control

§1 1O(a)(2)(B) Provide for establishment and Regulation 17 Source Monitoring, 40 CFR 52.420(c)

operation of appropriate devices, Record Keeping And Reporting and

methods, systems, and procedures Regulation 3, Ambient Air Quality

necessary to - (i) monitor, Standards, provides for the

compile, and analyze data on establishment and operation of

ambient air quality, and (ii) upon procedures necessary to monitor,

request, make such data compile and analyze data related to

available to the Administrator, ambient air quality.

§1 1O(a)(2)(C) Include a program to provide for Delaware implements its Construction 40 CFR 52.420(c)

: the enforcement ofthe measures and Operation Permit Program described in subparagraph (A) and requirements under Regulation 2, and

regulation ofthe modification and Regulation 25.

construction ofany stationary

source within the areas covered by Delaware implements its Prevention of

the plan as necessary to assure that Significant Deterioration (PSD)

national ambient air quality Program requirements under

standards are achieved, including a Regulation 25.

permit program as required in parts

C and D; Delaware implements its Emission

Offset Provision (EOP) requirements

. under Regulation 25.

Other aspects ofDelaware’s program

for enforcement are found in those

provisions ofRegulation 25, and

Regulation 17 as well as the source

monitoring, source testing and test

methods, and, recordkeeping and

reporting provisions ofRegulation 2,

5
enforcement orders.

§1 1O(a)(2)(E)(iii) (iii) necessary assurances that, The requirements of §11 0(a)(2)(E)(iii)

where the state has relied on a local are not applicable to Delawareor regional government, agency, or because it does not rely on localitiesinstrumentality for the for specific SIP implementation.

implementation of any plan

provision, the state hasresponsibility for ensuring adequate

implementation ofsuch plan

provision;

§11O(a)(2)(F) Require, as may be prescribed by § 1 10(a)(2)(F)(i): Specific monitoring 40 CFR 52.420(c)

the Administrator— requirements are found throughout the

State of Delaware Regulations

(i) the installation, maintenance, Governing the Control ofAir

and replacement of equipment, and Pollution, to include Regulation No. 17

the implementation of other and 3. These requirements are

necessary steps by owners or included in Delaware’s SIP, as

operators ofstationary sources to necessary.

monitor emissions from such

sources, § 11 0(a)(2)(F)(ii): Specific emission

reporting requirements are found (ii) periodic reports on the nature throughout the State ofDelaware and amounts of emissions and

emissions-related data from such Regulations Governing the Control of Air Pollution, to include Regulation sources, and No. 17. These requirements are

included in Delaware’s SIP, as

• (iii) correlation ofsuch reports by necessary. the state agency with any emission

V limitations or standards established V Other aspects ofDelaware’s program pursuant to this Act, which reports for requiring installation and shall be available at reasonable maintenance ofmonitoring equipment, times for public inspectioR periodic emissions reporting, is found

in the source monitoring, source testing

and test methods, and recordkeeping

and reporting provisions of

Regulations 12, 23, 24, 26, 31, 37, 39,

40, 41, 42, and others in the approved

V Delaware SIP, 40 CFR 52.420(c), as

well as submitted regulatory SIP

revisions discussed under section

11 0(a)(2)(A) above.

§11O(a)(2)(G) Provide for authority comparable to State ofDelaware Regulations

V

40 CFR 52.420(c)

that in section 303 and adequate Governing the Control ofAir V

contingency plans to implement Pollution, Regulation 15, Air Pollutionsuch authority; Alert and Emergency Plan, contains

emergency episode plan provisions that

6
revision for an area designated as a requirements for nonattainment

nonattainment area, meet the areas. New Castle County is in

applicable requirements ofpart D the Philadelphia-Wilmington- (relating to nonattainment areas); Camden PM25 nonattainment

area for the 2006 24-hr PM25

NAAQS.

The regulations in Delaware’sapproved SIP that are listed in

40 CFR Part 52, Subpart I

related to nonattainment areas

will continue to comply withSubpart D requirements and

which could not have beenapproved ifthey had not met

Subpart D requirements.

§1 1O(a)(2)(J) Meet the applicable requirements Delaware’s PSD requirements are

(PSD) ofpart C (relating to prevention of promulgated in Regulation 25,

significant deterioration of air Preconstruction Review.

quality and visibility protection);

2.0 SIP Revision

This SIP revision addresses those requirements of Section 1 1O(a)(2)(A)-(M) ofthe Clean

Air Act (CAA) which have not been addressed in other SIP revisions. Each of the

requirements of § 1 1O(a)(2) of the CAA (Subparagraphs A—M) is presented below, along with a discussion ofDelaware’s plan revision to meet the requirement.

(A) §11O(a)(2)(A) Requirement: Include enforceable emission limitations and other

control measures, means, or techniques (including economic incentives such as

fees, marketable permits, and auctions of emissions rights), as well as schedules

and timetables for compliance, as may be necessary or appropriate to meet the

applicable requirements ofthis Act.

Delaware’s Plan: Delaware has established laws and regulations that include

enforceable emissions limitations and other control measures, means or

techniques, as well as schedules and timetables for compliance to meet the

applicable requirements ofthe CAA. Delaware may make changes to its laws and

regulations that it believes in its discretion are appropriate, while continuing to

fulfill this obligation.

7
(

) §

(

)(

)(

) 

q

p

appropriate devices, methods, systems, and procedures necessary to - (i)

monitor, compile, and analyze data on ambient air quality, and (ii) upon

request, make such data available to the Administrator.

Delaware’s SIP already contains other elements, namely, 7 DE Admin. Code

1117 Source Monitoring 2,Record Keeping and Reporting and 7 DE Admin. Code

1113, Ambient Air Quality Standards, addressing § 11 0(a)(A) as discussed in the

section 1.0 and the table thereto ofthis document.

Delaware’s Plan: Delaware has established and currently operates appropriatedevices, methods, systems and procedures necessary to monitor, compile and

analyze data on ambient air quality, and upon request, makes such data available

to the Administrator. Delaware will continue to operate devices, methods,systems and procedures and may makes changes that it believes in its discretion

are appropriate, while continuing to fulfill this obligation. At present, Delaware

does this as follows for the 2006 24-hr PM25matter NAAQS:

.. Delaware maintains and operates a multi-station network of ambient monitors

throughout the State to measure ambient air quality levels within Delaware for

comparison to each NAAQS as required by 40 CFR Part 58. Daily PM25

monitoring is currently performed at various locations throughout Delaware.

• All data is measured using U.S. EPA approved methods as either Reference or

‘Equivalent monitors; all monitors are subjected to the quality assurance

requirements of 40 CFR Part 58; Appendix A; and all samplers are located atsites that have met the minimum siting requirements of Part 58, Appendix B.

The data is submitted to the EPA’s Air Quality System (AQS) system, in a

timely manner in accordance to the scheduled prescribed by the U.S. EPA in

40 CFR Part 58.

• In order to keep EPA informed of changes to the sampling network DNREC

provides EPA Region ifi with prior notification of any planned changes to the

network. As seeded, details ofthese changes and anticipated approvals ofthechanges are communicated to EPA. On an annual basis, Delaware sends EPA

a monitoring network plan as required by 40 CFR Part 58 Section 10: Annual

2 All ofthe State ofDelaware “Regulations Governing the Control ofAir Pollution” have been re-coded

under 7 DE Admin Code 1100, effective September 11, 2008. This recoding was submitted to the EPA asa SIP on June 15, 2009, but has not yet been approved into the DE SIP. Delaware’s control requirements

are cited in Section 2 in the new fonnat. For example, “Regulation 31” is cited as “7 DE Adniin Code

1131”.

8
U.S. EPA in 40 CFR Part 58.

(C) §11O(a)(2)(C) Requirement: Include a program to provide for the enforcement of

the measures described in subparagraph (A), and regulation of the modification

and construction of any stationary source within the areas covered by the plan

as necessary to assure that national ambient air quality standards are achieved,

including a permit program as required in parts C and D.

For the 2006 PM2.5NAAQS, Delaware’s SIP already contains the other elements

addressing § 11 0(a)(C) as discussed in the section 1.0 and the table thereto of this

document.

Delaware’s Plan: Delaware has established and currently operates a program to

provide for the enforcement of the enforceable emission limitations and other

control measures, means, or techniques, as well as schedules and timetablesfor compliance, as may be necessary or appropriate to meet the applicable

requirements ofthe CAA and to regulate the modification and construction of any

stationary source within areas covered by its SIP as necessary to assure the

NAAQS are achieved, including permit programs required in parts C and D. At

present, Delaware as part of its Air Quality Management Section functionexercises its programmatic authority to utilize the enforcement powers set out in 7

Del. C. §6005 entitled “Enforcement; civil and administrative penalties;

expenses”; 7 Del. C. §6013 entitled “Criminal penalties”; and 7 Del. C. §6018

entitled “Cease and desist order.” Delaware will continue to operate this programand may makes changes that it believes in its discretion are appropriate, while

continuing to fulfill this obligation.

(D) §11 O(a)(2)(D) Requirement: Contain adequate provisions — (i) prohibiting,

consistent with the provisions of this title, any source or other type of emissions

activity within the State from emitting any air pollutant in amounts which will -

(I) 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, or (II) interfere with measures required to be

included in the applicable implementation plan for any other State under part C

to prevent significant deterioration of air quality or to protect visibility, (ii)

9
interference with 

easu

es 

e

ated to preventing s

g

ca

t dete

o

at

o

of air

quality or which have to date proved adequate to protect visibility and to address

interstate and international pollutant abatement; however, Delaware may make

changes that it believes in its discretion are appropriate, while continuing to fulfill

this obligation. At present, Delaware’s legal authority is contained in thefollowing:

I 1O(a)(2)(D)(i)(I): Major stationary sources for the annual and 24-hr

PM2.5are currently subject to Nonattainment New Source Review (NNSR)and Prevention of Significant Deterioration (PSD) permitting programs

3 § 126(a) -Each plan shall (1) require each major proposed new or modified source (A) subject to Part C

or (D) which may significantly contribute to pollution in excess of the NAAQS in any AQCR outside

the State in which such source intends to locate or modify, to provide witten notice to all nearbyStates the pollution levels of which may be affected by such source 60 days prior to the date on which

commencement of construction is to be permitted by the State, and (2) identify all major existingstationary sources which may have the impact described in (1) with respect to new or modified sources

and provide notice to all nearby States ofthe identity of such sources. (b) Any State may petition EPA

for a finding that any major source or group ofstationary sources emits or would emit any pollutant in

violation of the prohibition of § 1 lO(a)(2)(DXii) or this section. (c) Notwithstanding any permit whichmay have been granted by the State, it shall be a violation of this section and the plan - (1) for any

major proposed new or modified source with respect to which a finding has been made under

subsection (b) to be constructed or to operate in violation of this section and the prohibition of§ 1 1O(a)(2)(D)(ii) or this section, or (2) for any major existing source to operate more than 3 months

after such fmding has been made. EPA may permit the continued operation of a source beyond the

expiration of the 3-month period if the source complies with the emission limitations and compliance

schedules as may be provided by EPA to bring about compliance with the requirements of§ 1 l0(a)(2)(D)(ii). Nothing shall be construed to preclude any such source from being eligible for an

enforcement order under § 113(d) after the expiration of such period during which EPA has permitted

continuous operation.

4 § 115(a) - Whenever EPA, upon receipt of reports, surveys or studies from any duly constituted

international agency has reason to believe that any pollutants emitted in the US cause or contribute to

pollution which may reasonably be anticipated to endanger public health or welfare in a foreign

country or whenever the Secretary of State requests it to do so, EPA shall give formal notification to

the Governor ofthe State in which such emissions originate. (b) The EPA notice shall be deemed to bea finding under § 1 l0(a)(2)(H)(ii) which requires a plan revision with respect to so much of the

applicable plan as is inadequate to prevent or eliminate the endangerment. Any foreign country so

affected by such emission of pollutants shall be invited to appear at any public hearing associated with

any revision of the appropriate portion of the applicable plan. (c) This section shall apply only to a

foreign country which EPA determines has given the US the same rights with respect to the prevention

or control of air pollution occurring in that country. (d) Recommendations issued following any

abatement conference conducted prior to CAA 1977 shall remain in effect with respect to any pollutant

for which no NAAQS has been established under § 109 unless EPA, after consultation with all

agencies, which were party to the conference, rescinds any such recommendation.

1Q
consideration of precursors, until no later than May 16, 2011 when

changes to Regulation 25 and the SIP have been completed. Delaware has

complied with § 11 0(a)(2)(D) through promulgation of 7 DE Admin. Code

1146, Electric Generating Unit Multi-Pollutant Regulation, and 7 DE

Admin. Code 1148, Control of Stationary Combustion Turbine Electric

Generating Unit Emissions; which significantly reduce emissions from

Delaware’s largest EGUs, industrial boilers, and peaking units. These

regulations have been submitted to the EPA as revisions to Delaware’s

SIP.

• 1 10(a)(2)(D)(i)(II): PSD requirements under Section 3 of Regulation 25.

Major sources are subject to NNSR and PSD permitting programs

implemented in accordance with EPA’s PM2.5NSR Implementation Rule

(73 FR 28321) calling for use of Appendix S for NNSR and using PM10 as

a surrogate for PM2.5in the PSD NSR program requirements

.. The State of Delaware confirms that it is meeting this requirement for the

use ofAppendix

S for PM2.5activities under the NNSR program and using

PM10 as

a surrogate for PM2.5in the PSD programs.

• Delaware’s proposed Visibility SIP assessed and demonstrated that

Delaware has met Best Available Retrofit Technology and Reasonable

• Further Progress (RFP) goals, and thus did not interfere with measures

required to be included in the applicable implementation plan for any

other State to protect visibility.

• 110(a)(2)(D)(ii): Nothing in Delaware’s statutory or regulatory authority

prohibits or otherwise interferes with Delaware’s ability to exercise

sections 126 and 115 ofthe CAA.

(E) 11O(a)(2)(E) Requirement: Provide (i) necessary assurances that the state (or,

except where the Administrator deems inappropriate, the general purpose local

government or governments, or

a regional agency designated by the state or

general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to

carry out such implementation plan (and is not prohibited by any provision of

federal or state law from carrying out such implementation plan or portion thereof), (ii) requirements that the State comply with the requirements respecting

State boards under section 128, and (iii) necessary assurances that, where the -

5 §128 (a) each plan shall contain requirements that -(1) any board or body which approves permits or enforcement orders shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders, and (2) any potential conflicts of

11
p

g 

g

,

Delaware assures EPA that it has adequate authority under state law pursuant to

7 Del. C. Chapter 60 to carry out its SIP obligations with respect to the 24-hr

PM2.5 NAAQS. DNREC does not believe that there is any prohibition in anyfederal or state law that would prevent it from carrying out its SIP or any portion

thereof. Further, DNREC assures EPA that it has, through the State of DelawareGeneral Fund and through the Title V fee program, and will continue to have,

funding to carry out its SIP obligations. Further, DNREC believes its funding

sources are sufficient to provide adequate personnel for those purposes; however,

Delaware may makes changes that it believes in its discretion are appropriate,

while continuing to fulfill this obligation.

At present Delaware fulfills this obligation by virtue of having adequate

personnel and funding through the CAA § 105 grant process (federal grant funds),

the State of Delaware general fund (state tax revenues), and appropriated special

funds collected by the State of Delaware from application fees, permit fees,

renewal fees, and civil or administrative penalties or fines. Delaware does not

anticipate the need for additional resources beyond those to be appropriated in the

above manner to carry out its SIP requirements.

(F) §11O(a)(2)(F) Requirement: Require, as may be prescribed by the Administrator -

(i) the installation, maintenance, and replacement of equipment, and the

implementation of other necessary steps, by owners or operators of stationary

sources to monitor emissions from such sources, (ii) periodic reports on the

nature and amounts of emissions and emissions-related data from such sources,and (iii) correlation of such reports by the State agency with any emission

limitations or standards established pursuant to this Act, which reports shall be

available at reasonable times for public inspection.

Delaware’s Plan: Delaware requires that owners or operators of stationary

sources monitor and submit periodic reports on the nature and amounts of PM2.5

emissions and emissions related-date emissions from the sources. This may

include the installation, maintenance and replacement of equipment, where

appropriate. This information submitted to DNREC is available to the public at

reasonable times for public inspection pursuant to Delaware law. Delaware will

interest by members ofsuch board or body or the head of an executive agency with similar powers be disclosed. A

State may adopt any requirements respecting conflicts of interest for such boards or bodies or heads of executive

agencies, or any other entities which are more stringent than the requirements of (1) and (2).

12
(G) §11O(a)(2)(G) Requirement: Provide for authority comparable to that in section

303 and adequate contingency plans to implement such authority; 6

Delaware’s SIP contains an emergency episode plan for PM10 fine particulates as

discussed in the section 1.0 and the table thereto of this document. For the 1997

and 2006 PM2.5NAAQS, the emergency episode plan will be updated as required

by EPA.

Delaware’s Plan: Delaware has authority comparable to that in section 303 and

adequate contingency plans to implement such authority but may makes changes

that it believes in its discretion are appropriate, while continuing to fulfill this

obligation.

7 Del. C. § 6003(a)(1) requires a permit from the Secretary prior to discharging

any air contaminant. 7 Del. C. § 6002(2) defines air contaminant essentially as

any substance other than uncombined water. 7 Del. C. § 6005 allows the

Secretary to seek a preliminary or permanent injunction or temporary restraining

order for any discharge of an air contaminant without a permit, and issue cease

and desist orders for violations (7 Del. C. § 6018). Thus, it necessarily follows

that any discharge of an air contaminant that would cause imminent & substantial

endangerment to the health, safety and welfare of the people of the State of

Delaware or the environment would constitute a sufficient basis for the Secretary

to seek an injunction or temporary restraining order to halt the violation.

6 Sec. 303- Notwithstanding any other provisions ofthis Act, the Administrator upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an

imminent and substantial endangerment to public health or welfare, or the environment, may bring suit on behalf of the United States in the appropriate United States District court to immediately

restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. If it is not practicable to assure prompt protection of public health or welfare or the environment

by commencement of such a civil action, the Administrator may issue such orders as may be

necessary to protect public health or welfare or the environment. Prior to taking any action underthis section, the Administrator shall consult with appropriate State and local authorities and attempt to

confirm the accuracy of the information on which the action proposed to be taken is based. Any

order issued by the Administrator under this section shall be effective upon issuance and shall remain

in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to

the first sentence of this section before the expiration of that period. Whenever the Administrator

brings such an action within the 60-day period, such order shall remain in effect for an additional 14

days or for such longer period as may be authorized by the court in which such action is brought.

13
q

y 

p

comply with any additional requirements established under this Act.

Delaware’s Plan: Delaware will review and revise its SIP from time to time as

may be necessary to take account of revisions of such primary or secondary

NAAQS or the availability of improved or more expeditious methods of attainingsuch standard and whenever the Administrator fmds on the basis of information

available to the Administrator that the plan is substantially inadequate to attain the

NAAQS which it implements or to otherwise comply with any additional

requirements established under the CAA.

(I) §11O(a)(2)(I) Requirement: In the case of a plan or plan revision for an area

designated as a non-attainment area, meet the applicable requirements of

part D (relating to non-attainment areas).

For the 1997 annual PM2.5 NAAQS, Delaware’s SIP or recent SIP revisions

already contain other elements addressing § 11 0(a)(I) as discussed in the section

1.0 and the table thereto of this document, as well as §1 10(a)(2)(D)of section 2.

Many ofthese also apply to the 2006 24-hr PM2.5NAAQS.

(J) §11O(a)(2)(J) Requirement: Meet the applicable requirements ofsection 121

(relating to consultation), section 127 (relating to public notification), and part C

(relating to revention of significant deterioration of air quality and visibility

protection).

Delaware’s Plan: Delaware will meet the applicable requirements ofsection 121

(relating to consultation), section 127 (relating to public notification), and has met

the applicable part C (relating to prevention of significant deterioration of air

7 § 121. - In carrying out requirements for plans to contain - (1) any transportation controls, air quality maintenance

plan requirements or preconstruction review of direct sources of pollution, or (2) any measure referred to - (A) in

part D), or (B) in part C, and in carrying out the requirements of § 113(d), the State shall provide a satisfactory

process of consultation with general purpose local governments, designated organizations of elected officials oflocal governments and any FLM having authority over Federal land to which the State plan applies. Such process

shall be in accordance with regulations promulgated by EPA. Only a general purpose unit of local government,

regional agency, or council of governments adversely affected by action of EPA approving any portion of a plan

may petition forjudicial review.

§ 127. (a) -Each plan shall contain measures to regularly notify the public ofwhen any NAAQS is exceeded or

was exceeded during the preceding year, to advise the public of health hazards associated with such pollution, and

to enhance awareness ofmeasures which can be taken to prevent the standards from being exceeded and ways inwhich the public can participate in regulatory and other efforts to improve air quality.

14
(MPOs). The MPOs provide the forum for consultation with local

governments.8Delaware’s MPOs are: (1) WILMAPCO, Kent County MPO,

and the Salisbury-Wicomoco MPO. Regional Planning Organizations provide

the forum for inter-state consultations. Additionally, consultations with

Federal Land Managers are always on-going in accordance with EPA Rulesand Delaware’s Visibility SIP. All SIP revisions undergo public notice and

hearing which have allowed for comment by the public which includes local

political subdivisions. Delaware believes the public notice and hearing

processes alsO fulfills the section 121 consultation process. The submitted

attainment plans and regulations in the approved Delaware SIP specify the

organizations responsible for implementing and enforcing the plans.

• DNREC makes real-time and historical air quality information available on its

Web site. All relevant SIPs and plans to achieve the NAAQS contain public

notification provisions related to air monitoring levels of ozone and PM2.5

such as Air Quality Action Days, and DNREC’s website. DNREC provides

extended range air quality forecasts, which give the public advanced notice of

air quality events. This advance notice allows the public to limit theirexposure to unhealthy air and enact a plan to reduce pollution at home and at

work. DNREC forecasts daily ozone and particle levels and issues e-mails to

the public, businesses and the media via AirAlerts. AirAlert e-mail forecasts

and notifications are free to the public.

For the 1997 PM2.5 NAAQS, Delaware’s SIP afready contains the otherelements addressing § 11 0(a)(J) as discussed in the section 1.0 and the table

thereto ofthis document.

(K) §11O(a)(2)(K) Requirement: Provide for - (i) the performance of such air quality

modeling as the Administrator may prescribe for the purpose of predicting the

effect on ambient air quality of any emissions of any air pollutant for which the

Administrator has established a national ambient air quality standard, and (ii) thesubmission, upon request, of data related to such air quality modeling to the

Administrator.

8 7 DE Admin. Code 11 32 was submitted as a revision to the Delaware SIP in a separate submittal.

15
will continue to submit the Air Quality modeling data as part of Delaware

s

relevant SIP submissions and through federal grant commitments or in other ways

that EPA may request.

(L) §11 O(a)(2)(L) Requirement: Require the owner or operator of each major

stationary source to pay to the permitting authority, as a condition of any permit

required under this Act, a fee sufficient to cover - (i) the reasonable costs of

reviewing and acting upon any application for such a permit, and (ii) ifthe owner

or operator receives a permit for such source, the reasonable costs of

implementing and enforcing the terms and conditions of any such permit (not

including any court costs or other costs associated with any enforcement action),

until such fee requirement is superseded with respect to such sources by the

Administrator’s approval of a fee program under Title V.

Delaware’s Plan: In a manner consistent with Delaware law, Delaware will

continue to require the owner or operator of each major stationary source to pay

to the pennitting authority, as a condition of any permit required under this Act, a

fee sufficient to cover (i) the reasonable costs of reviewing and acting upon any

application for such a permit, and (ii) if the owner or operator receives a permit

for such source, the reasonable costs of implementing and enforcing the terms

and conditions of any such permit (not including any court costs or other costs

associated with any enforcement action), until such fee requirement is

superseded with respect to such sources by the Administrator’s approval of a

fee program under title V pursuant to Delaware law. Delaware currently fulfills

this under the enabling authority of 7 Del. C. §S 6095 to 6099 and fee legislation

that currently is renewed every three years. Delaware has a fully approved Title

V operating permits program. See paragraphs (b) and (c) under “Delaware” in

Appendix A to 40 CFR Part 70—Approval Status of State and Local Operating

Permits Programs. Delaware may make changes that it believes in its discretion

are appropriate, while continuing to fulfill this obligation.

(M) §11O(a)(2)(M) Requirement: Provide for consultation and participation by local

political subdivisions affected by the plan.

Delaware’s Plan: Delaware will continue to provide for consultation and

participation by local political subdivisions affected by the SIP pursuant to the

public notice laws found in 7 Del. C. § 6006 and 6010 and 29 Del. C. Chapters

10003, 10004 and 10115, as applicable. Furthermore, all SIP revisions undergo

public notice and hearing which have allowed for comment by the public whichincludes local political subdivisions. We believe the public notice and hearing

16
17
C