STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONMENTAL CONTROL 

OFFICE OF THE 89 KINGS HIGHWAY PHONE: (302) 739-9000 

SECRETARY DOVER, DELAWARE 19901 FAX: (302) 739-6242 

Secretary's Order No. 2009-A-0030 

Re:	 APPROVAL OF REVISION TO STATE IMPLEMENTATION PLAN FOR 

MEETING THE INFRASTRUCTURE REQUIREMENTS OF THE 

FEDERAL CLEAN AIR ACT FOR FINE PARTICULATE MATTER 

Date of Issuance: September 1, 2009 

Effective Date: September 1,2009 

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

Resources and Environmental Control ("Department" or "DNREC") under 29 Del. C 

§§8001 et seq. and 7 Del. C §6010(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 US.C§§7401 et seq. 

("CAA"). The delegation included preparing Delaware's State Implementation Plan 

("SIP"), which consists of regulations, source specific requirements, plans and emission 

inventories that together identify how Delaware will attain and maintain air quality that 

conforms 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 CF.R. Part 52, Subpart 1. The Delaware SIP is subject to ongoing 

revisions, which reflects Delaware's progress towards the goal of cleaner air quality. The 
SIP provides a road map of the regulatory procedures undertaken to control and reduce 

air pollutants under the Department's authority provided by federal and state laws and 

regulations. EPA's regulations require that the Department submit Delaware's SIP 

revisions for EPA's review and approval. On September 21,2006 EPA promulgated a 

new NAAQS for daily (24-hr) fine particulate matter, and Delaware, like other states, is 

required to submit its Report three years from the promulgation date, or by September 21, 

2009. In response, the Department's technical experts within the Division of Air and 

Waste Management, Air Quality Management Section prepared a draft plan revision 

"State Implementation Plan for Meeting the Infrastructure Requirements of the Clean Air 

Act for Fine Particulate Matter" (hereinafter "Report"). 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 Prettyman, 

presented the proposed report and introduced documents into the record to support its 

adoption as a final Plan revision. EPA presented the Department with additional written 

comments during the public comment period and the Department made the EPA 

recommended non-substantive changes 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 Report 

admitted into the record at the public hearing, a copy of which is attached hereto as 

Appendix A. The Department's presiding hearing officer indicated at the public hearing 

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that he recommended approval of the proposed revision and that the record developed at 

the hearing, as desclibed in the transcripts, supported his recommendation and would 

suppOli a final decision. 

Reasons and Findings 

I find that approval of the RepOli in Appendix A is well-suppOlied by the record 

developed at the public hearing and that the Report should be adopted as a revision to the 

SIP. The Repoli 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 during 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 RepOli in Appendix A to EPA to show Delaware's 

compliance with the CAA and EPA's reporting requirements under the CAA. The SIP 

revision sets forth the Department's progress in promulgating many regulations that will 

sigrlificantly reduce the emission of air pollutants and allow Delaware to comply with the 

24-hour fine pmiiculate matter NAAQS by 2014. These regulatory efforts will enable 

Delaware to meet the visibility related obligations imposed by the CAA and EPA's 

regulations and will result in healthier air for Delaware. 

In conclusion, the following findings and conclusions are entered: 

1. The Depmiment, acting through this Order of the Secretary, hereby 

approves as reasonable the July 1, 2009 RepOli, revised on August 28, 2009 in response 

to EPA's non-substantive comments. The final Report is attached hereto as Appendix A, 

and together with this Order will be submitted to EPA as the latest Delaware SIP 

revision; and 

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2. The Department shall have this Order published in the Delaware Register 

ofRegulations and in newspapers in the same manner as the notice of the proposed SIP 

revIsion. 

Collin O'Mara 

Secretary 

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