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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch 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 regarding your June 15, 2009 State Implementation Plan (SIP) revision 

request. The June 15, 2009 submittal describes the revisions as administrative and nonsubstantive changes to previously SIP-approved Delaware Department of Natural Resources and 

Environmental Control’s (DNREC) Regulations Governing the Control of Air Pollution. We 

have determined that while most of the amendments submitted as part of this SIP revision are 

administrative and non-substantive in nature, DNREC has inadvertently submitted portions of its 

regulations have never before been SIP-approved. 

If DNREC intended for this SIP revision to be purely administrative and non-substantive 

in nature, it should withdraw the amendments listed below from the June 15, 2009 SIP revision 

request: 

Regulation 1101 (Definitions and Administrative Principles), Section 2.0 (Definitions) -

Delaware submitted the entire section for consideration as a SIP revision. However, in addition 

to the terms already approved in the Delaware SIP, this section contains additional terms which 

have never been submitted or approved as SIP revisions. To ask EPA to approve these additional 

terms would, therefore, constitute a substantive revision to the Delaware SIP. 

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) -

Delaware submitted the entire section for consideration as a SIP revision. These provisions 

describing exceptions to the construction ban on new incinerators and the reconstruction ban on 

existing incinerators have never been part of the Delaware SIP. Again, to ask EPA to approve 

these additional provisions would constitute a substantive revision to the Delaware SIP.
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Regulation 1109 (Emissions of Sulfur Compounds from Industrial Operations), 

Section 2.0 (Restrictions on Sulfuric Manufacturing Operations), paragraph 2.2 

(Control of sulfuric acid mist) - Delaware submitted the entire section for consideration as a

SIP 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 SIP. This section would 

not be approvable as a SIP revision as it is properly a portion of DNREC’s approved Section 

111(d) plan. 

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. 

We have enclosed a model letter which DNREC may use to request withdrawal of these 

provisions. Once we receive the letter, my staff will expeditiously process the June 15, 2009 SIP 

revision request. If you or your staff has 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

2
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Model Letter from Colin O’Meara to Shawn Garvin

Mr. Shawn M. Garvin (3RA00)

Regional Administrator 

U.S. EPA Region III

1650 Arch Street

Philadelphia, PA 19103

Dear Mr. Garvin,

On June 15, 2009, the Department of Natural Resources & Environmental Control 

(DNREC) submitted a revision to the Delaware State Implementation Plan (SIP). 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 SIP. 

We have subsequently determined that the June 15, 2009 SIP revision request 

inadvertently included sections of DNREC’s regulations which are not part of the current SIP. 

Accordingly, we are requesting that the following be withdrawn from the June 15, 2009 SIP 

revision request: 

Regulation 1101(Definitions and Administrative Principles), Section 2.0 (Definitions) -

specifically the terms listed in the enclosure 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 Operations), 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. 
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If you or your staff has any questions, please do not hesitate to contact Ali Mirzakhalili, 

Program Administrator of the Air Quality Management Section at 302-739-9402.

Sincerely,

Collin P. O’Mara

Secretary

Enclosure

2
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Enclosure

Definitions 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” 

“Adequately 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 expenditure” 

“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 renovation”: 

“End box” 

“End box ventilation system” 

“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”
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“Floating roof” 

“Fossil fuel” 

“Foundry”

“Friable asbestos material” 

“Hourly period”: See “One hour period”.

“Inactive section of disposal site” 

“Infectious waste” 

“Isokinetic sampling”

“Large incinerator” 

“Machine shop” 

“Malfunction”

“Manufacturing”

“Mercury” 

“Mercury chlor-alkali cell” 

“Mercury chlor-alkali electrolyzer” 

“Mercury ore” 

“Mercury ore processing facility” 

“Monitoring device” 

“Nitric acid production unit” 

“Noninfectious” 

“Odor” 

“One hour period” 

“Paint application transfer efficiency” 

“Particulate asbestos material”.

“Planned renovation”: 

“Proportional sampling” 

“Reference method” 

“Removing”

“Renovation”

“Roadways” 

“Run” 

“Sludge”

“Sludge dryer”

“Small incinerator” 

“Solid waste” 

“Standard” 

“Stationary vessel” 

“Stripping” 

“Waste oil” 

“Weak nitric acid”