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 OrderNo. 2009-A-0030 

### Re: APPROVAL OF REVISION TO STATE IMPLEMENTATION PLAN FOR MEETING THE INFRASTRUCTURE REQUIREMENTS OF THE FEDERAL CLEANAIRACT FORFINE PARTICULATE MATTER DateofIssuance: September 1, 2009

EffectiveDate: 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 etseq. and 7Del. 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 promulgatedbytheUnited StatesEnvironmentalProtectionAgency("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 ofregulations, 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, whichreflects Delaware'sprogress towards the goal ofcleanerair quality. The

### SIP provides a road map ofthe 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 submititsReportthree years from the promulgationdate, orbySeptember21, 2009. In 

### response, the Department's technical experts within the Division ofAir and Waste Management, Air Quality Management Section prepared a draft plan revision "StateImplementationPlan for Meetingthe InfrastructureRequirements ofthe CleanAir 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 Planrevision. EPA presented the Departmentwith 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. TheDepartment'spresidinghearing officer, RobertP. Haynes, recommended at the hearing that the Department approve the proposed Report, as revised, and submit to EPA as a SIP revisionto show compliancewiththe 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 ofwhich is attached hereto as Appendix A. 

### The Department'spresidinghearing officerindicated at the public hearing

2that he recommended approval ofthe 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 ofthe RepOli in Appendix A is well-suppOlied by the record developed at the public hearingand that theReport shouldbe 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 manyregulations that will sigrlificantlyreduce the emissionofairpollutants and allow Delawareto complywiththe 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 resultinhealthierairfor Delaware. Inconclusion,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 Reportis attached hereto as Appendix A, and together with this Order will be submitted to EPA as the latest Delaware SIP revision; and

32. The Department shall have this Orderpublished in the

### DelawareRegister of Regulations and in newspapers in the same manner as the notice ofthe proposed SIP revIsion.

CollinO'Mara Secretary

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