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TES ENVIRONMENTA L PROTECTION A GENCY

REGION III 1650 A rch Street Philadelphia, Pennsylvania 19103 - 2029
Mr. Ali Mirzakhalili, Program Administrator March 12, 2010 Air Quality

Management Section Division of Air and Waste Management Delaware Department of Natural Resources And Environmental Control 156 S
. State Street Dover, Delaware 19901 Dear Mr. Mirzakhalili: This letter is regard ing yo ur June 15, 2009 S tate Implementation Plan (SI P) revision requ est . The June 15, 2009 submittal describes the revisions as a dministrative and non substantive changes to previously SI P - approved Delaware Department of Natural Resources and Environmental Control ’s (D NREC ) Regulations Governing the Control of Air Pollutio n. We have determined that while most of the amendments submitted as part of this SI P revision are administrative and non - substantive in nature , DNREC ha s inadvertently submitted po rtions of its regulations have never before been SI P - approved. If DNREC intended for this SI P revision to be purely administrative and non
- substantive in nature, it s hould withdraw the amendments listed below from the June 15, 2009 SI P revision request: Regulation 1101 (Definitions and Administrative Principles), Section 2.0 (Definitions)
- Delaware submitted the entire section for consideration as a SI P revision. However, in addition to the terms already

approved in the Delaware SI P, this section contains a dditional terms which have never been submitted or approved as SI P revisions. To ask EPA to approve these additional terms would , therefore, constitute a substantive revision to the Delaware SI P . Regulation 1103 (Ambient Air Quality Standards), Sections 7.0 (Hydrocarbons) and 9.0 (Hydrogen Sulfide) . Regulation 1 107 (Particulate Emissions from Incineration), Section 2.0 (Restrictions) - Delaware submitted the entire section for consideration as a SI P revision. These provisions describ ing exceptions to the construction ban on new incinerators and the reconstructi on ban on existing incinerators have never been part of the Delaware SI P . Again, to ask EPA to approve these additional provisions would constitute a substantive revision to the Delaware SI P .Printed on 100% recycled/recyclable paper with 100% post - consumer fiber and process chlorine free. Customer Service Hotline: 1 - 800- 438 - 2474 Regulation 1109 (Emissions of Sulfur Compounds from Indus trial Operations), Sec tion 2.0 (Restrictions on Sulfuric Manufacturing Operations), paragraph 2.2 (Co ntrol of sulfuric acid mist)
- Delaware submitted the entire section for consideration as a SI P revision. However, paragraph 2.2 regulates a non
- criteria pollutant which is part of Delaware’s EPA approved Section 111(d) plan rather than part of the SI P. This section would not be approvable as a SI P revision as it is properly a portion of DNREC’s approv e d Section 111(d) plan. Re gulation 1146 ( Electric Generating Unit (EGU) Multi - Pollutant Regulation ) , those portions of sections 1.0, 2.0, 3.0, 7.0, 8.0 9.0 which govern control of mercury emissions, as well of all of Section 6.0, and Table 6
- 1. We have enclosed a model letter wh ich DNREC may use to request withdrawal of these provisions. Once we receive the letter, my staff will expeditiously

process the June 15, 2009 SI P revision request . I f you or your staff ha s any questions, please do not hesitate to contact Marcia L. Spink , Associate Director for Policy and Science at (215) 814
- 2104 or Harold A. Frankford at (215) 814
- 2108. Sincerely , <signed> David L. Arnold , Acting Director, Air Protection Division Enclosure

2Printed on 100% recycled/recyclable paper with 100% post - consumer fiber and process chlorine free. Customer Service Hotline: 1 - 800- 438 - 2474 Model Let ter from Colin O’Meara to Shawn Garvin

Mr. Shawn M. Garvin (3RA00) Regional Administrator U . S
. EPA R egion I II 1650 Arch Street Philadelphia, P A 1910 3 Dear Mr. Garvin, On June 15 , 2009 , the Department of Natural Resources & Environmental Contro l (DN REC) sub mitted a revision to the Delaware S tat e Implem en tation Plan (SI P). The revision consisted of administrative and non
- substantive changes to 36 DNREC air quality regulations which EPA had previously approved and incorporated into the Delaware SI P. We have subsequently

determined that the June 15, 2009 SI P revision request inadvertently

included sections of DNREC’s regulations which are not part of the current SI P. Accordingly , we are requesting that the following be withdrawn from the June 15, 2 009 SI P revision request : Regulation 1101 (Definitions and Administrative Principles), Section 2.0 (Definitions)
- specifically the terms listed in the e nclosure to this letter. Regulation 1103 (Ambient Air Quality Standards), Sections 7.0 (Hydrocarbons ) and 9.0 (Hydrogen Sulfide)
. Regulation 1107 (Particulate Emissions from Incineration) , Section 2.0 (Restrictions). Regulation 1109 (Emissions of Sulfur Compounds from Industrial Operations), Section 2.0 (Restrictions on Sulfuric Manufacturing Operation s), paragraph 2.2 (control of sulfuric acid mist). Regulation 1146 ( Electric Generating Unit (EGU) Multi
- Pollutant Regulation ), those portions of sections 1.0, 2.0, 3.0, 7.0, 8.0 9.0 which govern control of mercury emissions, as well of all of Section 6.0 , and Table 6
- 1.Printed on 100% recycled/recyclable paper with 100% post - consumer fiber and process chlorine free. Customer Service Hotline: 1 - 800- 438 - 2474 If you o r yo ur s taff h as any que s tions , please do n o t he s itate to con ta ct Ali Mirzakhalili , Program Administrator of the Ai r Qua l ity Management Section at 302
- 739
- 9402. Sincerely ,
Collin P. O’Mara Secretary
Enclosure

2Printed on 100% recycled/recyclable paper with 100% post - consumer fiber and process chlorine free. Customer Service Hotline: 1 - 800- 438 - 2474

Enclosure D efinitions in Delaware Regulation 1101 (Definitions and Administrative Principles), Section 2.0 (Definitions) for Which Delaware is Not Requesting SIP Approval “Active section of disposal site” “Adequate ly

wetted” “Alternative method” “Asbestos” “Asbestos containing waste material” “Asbestos material” “Asbestos mill” “Asbestos tailings” “Asphalt concrete plant” “Beryllium” “Beryllium alloy” “Beryllium containing waste” “Beryllium ore” “Capital e xpenditure” “Ceramic plant” “Coal refuse” “Commercial asbestos” “Compliance schedule” “Condenser stack gases” “Control device asbestos waste” “Custody transfer” “Day” “Demolition” : “Denuder” “Drilling and production facility” “Emergency

renovat ion” : “End box” “End box ventilation sy stem” “Equipment shutdown” “Equivalent method” “Etiologic agents” “Existing installation, equipment, source or operation” (As this definition applies to 7 DE Admin. Code 1120, New Source Performance Standards) “Extraction plant”
. “Fabricating”Printed on 100% recycled/recyclable paper with 100% post - consumer fiber and process chlorine free. Customer Service Hotline: 1 - 800- 438 - 2474 “Floating roof” “Fossil fuel” “Foundry” “Friable asbestos material” “Hourly period”: See “One hour period”
. “Inactive section of disposal site” “Infectious waste” “ Is okinetic sampling” “Large incinerator” “Machi ne shop” “Malfunction” “Manufacturing” “Mercury” “ Mercury chlor
- alkali cell” “ Mercury chlor
- alkali electroly

zer” “Mercury ore” “Mercury ore processing facility” “Monitoring device” “Nitric acid production unit” “Noninfectious” “Odor” “One hour p eriod” “Paint application transfer efficiency” “Particulate asbestos material”
. “ Planned renovation” : “Proportional sampling” “Reference method” “Removing” “Renovation” “Roadway s” “Run” “ Sludge” “Sludge dryer ” “Small incinerator” “Solid waste” “S tandard” “Stationary

vessel” “Stripping” “Waste oil” “Weak nitric acid”