UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

DATE: July 23, 2013

SUBJECT: Technical Support Document for the Delaware State Implementation Plan for the 

Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air 

Quality Standards

/s/

FROM: Rose Quinto, Environmental Engineer

Office of Air Program Planning

TO: File

/s/ Brian Rehn for

THRU: Cristina Fernandez, Associate Director

Office of Air Program Planning 

A. INTRODUCTION

The Environmental Protection Agency (EPA) is taking action on a submittal made by the State of 

Delaware to meet the Clean Air Act (CAA) section 110(a)(2) infrastructure requirements for the

2010 nitrogen dioxide (NO2) national ambient air quality standards (NAAQS).

B. BACKGROUND

On February 9, 2010 (75 FR 6474), EPA established a new 1-hour primary NAAQS for NO2 at a 

level of 100 parts per billion (ppb). This is based on a 3-year average of the 98th percentile of the 

yearly distribution of 1-hour daily maximum concentrations.

Section 110(a) of the CAA requires states to submit state implementation plans (SIPs) that 

provide for the implementation, maintenance, and enforcement of new or revised NAAQS within 

three years following the promulgation of such NAAQS. Section 110(a) of the CAA imposes the 

obligation upon states to make a SIP submission to EPA for a new or revised NAAQS. For the 

2010 NO2 NAAQS, states typically have met many of the basic program elements required in 

section 110(a)(2) of the CAA through earlier SIP submissions in connection with previous NO2

standards. Section 110(a)(2) of the CAA lists specific elements that states must meet or continue 

to meet in these SIP submissions. The requirements include SIP infrastructure elements such as 

requirements for modeling, monitoring, and emissions inventories that are designed to assure 

attainment and maintenance of the NAAQS. 
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Two elements identified in section 110(a)(2) are not governed by the three year submission 

deadline of section 110(a)(1) because SIPs incorporating necessary local nonattainment area 

controls are not due within three years after promulgation of a new or revised NAAQS, but rather

are due at the time the nonattainment area plan requirements are due pursuant to other provisions 

of the CAA for submission of SIP revisions specifically applicable for attainment planning 

purposes. These requirements are: (1) Submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as required in part D, Title I of the CAA; and 

(2) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning 

requirements of part D, Title I of the CAA. This proposed rulemaking does not address 

infrastructure elements related to section 110(a)(2)(I) or the nonattainment planning requirements 

of 110(a)(2)(C).

C. EPA REQUIREMENTS

As discussed above, for the 2010 NO2 NAAQS, states must provide SIP submissions, or provide 

certification that the existing SIP contains provisions addressing relevant infrastructure SIP 

elements from sections 110(a)(2)(A) through (M) of the CAA. 

D. STATE’S SUBMITTAL

On March 27, 2013, Delaware provided a submittal to satisfy the requirements of section 

110(a)(2) of the CAA for the 2010 NO2 NAAQS. This submittal addressed the following 

infrastructure elements that EPA is proposing to approve: Section 110(a)(2)(A), (B), (C), (D), 

(E), (F), (G), (H), (J), (K), (L), and (M) of the CAA, or portions thereof.

E. EVALUATION OF STATE SUBMITTAL

1. Section 110(a)(2)(A)

EPA has determined that Delaware has established laws and regulations applicable to the 2010 

NO2 NAAQS 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 of the CAA. The following enforceable emission limitations and schedules are 

contained in Delaware’s approved SIP: 7 DE Admin. Codes 1101, 1112 (Control of Nitrogen 

Oxide Emissions), 1127, 1142, 1144, 1146, and 1148. These regulations are identified as part of 

the Delaware SIP at 40 CFR 52.420(c). 

At present, statutory authority is set out in Title 7 “Conservation” of the Delaware Code, Chapter 

60—Delaware’s comprehensive water and air resources conservation law. Legislative authority

giving the Secretary of the Delaware Department of Natural Resources and Environmental 
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Control (DNREC) the authority to promulgate regulations is codified at 7 Del. C., Chapter 60. 

This authority is applicable to the 2010 NO2 NAAQS.

In this action, EPA is not proposing to approve or disapprove any existing State provisions with 

regard to excess emissions during startup, shutdown or malfunction of operations at a facility. 

Also, EPA is not proposing to approve or disapprove any existing State rules with regard to 

director’s discretion or variance provisions. 

Based upon EPA’s review of the submittal, EPA is proposing to determine that the State has met 

its obligations pursuant to 110(a)(2)(A). 

2. Section 110(a)(2)(B)

7 DE Admin. Code 1103 - “Ambient Air Quality Standards” provides for the establishment and 

operation of procedures necessary to monitor, compile, and analyze data related to ambient air 

quality. This regulation is included in Delaware’s approved SIP listed in 40 CFR 52.420(c) 

which also applies to the 2010 NO2 NAAQS.

Delaware has established and currently operates appropriate devices, 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 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. Delaware currently measures and reports NO2 concentrations from 

its monitoring site located in Wilmington near Martin Luther King Boulevard.

All data is measured using 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 at sites that have met the minimum siting requirements of 40 CFR 

part 58, Appendix E. The data is submitted to EPA’s Air Quality System (AQS) in a timely

manner in accordance with the scheduled prescribed by EPA in 40 CFR part 58.

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

Region III with prior notification of any planned changes to the network. As needed, details of 

these changes and anticipated approvals of the changes 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 Monitoring Network Plan and Periodic Network Assessment). EPA approved 

Delaware’s 2012 Annual Air Quality Monitoring Network Design Plan on February 21, 2013. 

This plan contains all required information including site and monitor description, analysis 

methods, operating schedule, monitoring objectives and scale of representativeness, as well as 
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information on any planned changes. DNREC submits data to the AQS system, in a timely

manner, pursuant to the schedule prescribed by the EPA in 40 CFR part 58. 

Based upon EPA’s review of the submittal, EPA is proposing to determine that the State has met 

its obligations pursuant to 110(a)(2)(B). 

3. Section 110(a)(2)(C)

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 time tables for the compliance, as may be necessary or appropriate, to meet the 

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

stationary source within areas covered by its SIP as necessary to assure the NAAQS are achieved. 

Aspects of Delaware’s program for enforcement are found in those SIP-approved provisions of 7 

DE Admin. Codes 1102 and 1125. 

At present, Delaware as part of its Division of Air Quality function exercises its programmatic 

authority to utilize the enforcement powers set out in 7 Del. C. section 6005 entitled, 

“Enforcement; civil and administrative penalties; expenses,” 7 Del. C., section 6013 entitled 

“Criminal penalties,” and 7 Del. C. section 6018 entitled “Cease and desist order.” 

Delaware implements its Construction and Operation Permit Program requirements under 7 DE 

Admin. Codes 1102 and 1125. These existing permitting programs which are part of the 

federally-approved SIP ensure that the construction and modification of both major and minor 

stationary sources do not cause or contribute to a violation of the NO2 NAAQS.

SIP approved 7 DE Admin. Code 1102 provides for the evaluation and necessary regulation of 

any stationary source that emit equal to or greater than 0.2 pound of any air contaminant, 

including NO2, in any one day.

SIP approved 7 DE Admin. Code 1125 governs preconstruction review and permitting of any

new or modified major stationary sources of air pollutants as required in Part C in Title I of the 

CAA. 

Based upon EPA’s review of the submittal, EPA is proposing to determine that the State has met 

its obligations pursuant to 110(a)(2)(C). 

 
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4. Section 110(a)(2)(D)

Section 110(a)(2)(D)(i)(I)

In accordance with the decision of the U.S. Court of Appeals for the District of Columbia, EPA 

at this time is not treating the 110(a)(2)(D)(i)(I) SIP submission from Delaware which is part of 

the larger March 27, 2013 SIP submission for the 2010 NO2 NAAQS as a required SIP 

submission. See EME Homer City Generation, L.P. v. EPA, 696 F .3d 7 (D.C. Cir. 2012), cert. 

granted, 2013 U.S. Lexis 4801 (2013). On June 24, 2013, the Supreme Court granted the 

petitions of the United States and others and agreed to review this D.C. Circuit decision. 

However, at this time the D.C. Circuit decision remains in place and unless it is reversed or 

otherwise modified by the Supreme Court, states are not required to submit 110(a)(2)(D)(i)(I) 

SIPs until EPA has quantified their obligations under that section. Regardless of whether a 

particular SIP submission is considered “required,” section 110(k)(2) of the CAA requires EPA 

to act on the submission. Therefore, EPA is proposing to act on the portion of Delaware’s SIP 

submission that addresses the requirements of section 110(a)(2)(D)(i)(I).

NO2 is a subset of a broader pollutant nitrogen oxides (NOx). After EPA’s review of Delaware’s 

March 27, 2013 infrastructure SIP submittal for the 2010 NO2 NAAQS, EPA is proposing to 

determine that Delaware’s SIP includes adequate provisions (as identified below) to prohibit 

sources or other emission activities within the State from emitting NOx in amounts that will 

contribute significantly to nonattainment or interfere with maintenance by any other state with 

respect specifically to the NO2 NAAQS. 

The Delaware SIP presently includes requirements for emissions limits on NOx including, but 

not limited to, 7 DE Admin. Codes 1112, 1142, 1144, 1146 and 1148. See 40 CFR 40 CFR 

52.420(c). 

- Regulation 1112 – Control of NOx Emissions (which imposes NOx reasonably available 

control technology limits for major NOx emitting sources).

- Regulation 1142 – Section 1 – (which includes control of NOx Emissions from Industrial 

Boilers.)

- Regulation 1142 – Section 2 – (which includes control of NOx Emissions from Industrial 

Boilers and Process Heaters at Petroleum Refineries in New Castle County.)

- Regulation 1144 – Control of Stationary Generator Emissions – SO2, PM, VOC and NOx 

emission control (which contains NOx emission rates).

- Regulation 1146 – Electric Generating Unit Multi-Pollutant Regulation – (which includes 

SO2, NOx and mercury emission rates.)
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- Regulation 1148 – Control of Stationary Combustion Turbine Electric Generating Unit 

Emissions – (which includes NOx emission control through NOx emission rates.)

In addition, all major stationary sources of NO2 are subject to the SIP-approved requirements for 

prevention of significant deterioration (PSD) and nonattainment new source review with 

Emission Offset Provisions in 7 DE Admin. Code 1125 which provides preconstruction review 

and permitting requirements in attainment and nonattainment areas. The requirements of 7 DE 

Admin. Code 1125 help ensure that no new or modified NO2 emitting source will cause or 

contribute to nonattainment areas for NO2. 

Further, EPA notes that available information does not indicate that current air quality exceeds 

the NO2 NAAQS in any area surrounding or bordering Delaware. See February 17, 2012 (77 FR 

9532). The 2008-2010 air quality monitoring data reflect conditions in many locations well 

below the NO2 NAAQS. EPA also reviewed NO2 air quality monitoring data for the states 

surrounding or bordering Delaware within a 50 kilometer radius from Delaware including 

Pennsylvania, New Jersey, and Maryland as well as Delaware’s data. EPA selected a fifty

kilometer radius from Delaware when reviewing design values at monitors because 50 kilometers 

is the standard distance for modeling analysis in EPA’s Guideline on Air Quality Models 

(Appendix W to 40 CFR Part 51) and EPA is acting consistent with that Guideline. The most 

recent design values (DVs) that are computed using quality-assured and certified ambient air 

monitoring data using the Federal Reference method or equivalent data reported by states, tribes 

and local agencies to EPA’s Air Quality System (AQS) for 2009-2011 for monitors in states 

surrounding or bordering Delaware within 50 kilometers of Delaware are in Table 1 below and 

show that the DVs are well below the NAAQS for NO2. The preliminary DVs for 2010-2012 in 

Table 1 also show levels well below NO2 NAAQS. The level of the 1-hour NAAQS for NO2 is 

100 parts per billion (ppb) and the form is the 3-year average of the annual 98th percentile of the 

daily 1-hour maximum. Significant contribution must be evaluated not just against 

nonattainment areas, but also against areas with monitors showing violations of the NAAQS. 

There are no areas violating the NAAQS. Further, in the states surrounding and bordering 

Delaware within the 50 kilometer radius reviewed by EPA, the highest DV for 2009-2011 is 65 

(Philadelphia, PA). See Table 1 below for DVs surrounding and bordering Delaware within a 50 

kilometer radius around Delaware.

Table 1. Design Values Surrounding and Bordering Delaware

State County Site 

2009-2011

Final DV (ppb)

2010-2012

Prelim DV (ppb)

DE New Castle 100032004 50 48

DE Sussex 100051003 - 19

MD Baltimore 240053001 50 48

NJ Camden 340070002 - 43

PA Bucks 420170012 43 42
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PA Delaware 420450002 48 47

PA Lancaster 420710007 43 42

PA Philadelphia 421010004 65 65

PA Philadelphia 421010047 59 57

PA York 421330008 50 49

Based on this air quality monitoring data analysis and EPA’s review of NOx emission trends 

within Delaware, EPA does not expect NOx emissions in Delaware to increase significantly

particularly in light of the Delaware SIP emission limits and New Source Review provisions. 

EPA’s analysis of the air quality monitoring data and emission trends also supports EPA’s 

conclusion that NO2 emissions are not increasing significantly in the states surrounding Delaware 

and do not appear likely to significantly increase especially with the Delaware SIP provisions for 

NOx. EPA therefore does not expect monitors identified in the table above which all have DVs 

well below the NO2 NAAQS to have difficulty maintaining the NAAQS for NO2. EPA 

concludes Delaware emission sources are not significantly contributing to nonattainment in 

another state with the NO2 NAAQS and are not likely to interfere with maintenance of the NO2

NAAQS in another state.

Because the 2008-2010, the 2009-2011 and also the preliminary 2010-2012 air quality

monitoring data identified above for areas surrounding or bordering Delaware within a 50 

kilometer radius from Delaware are well below the NO2 NAAQS and because NOx emission 

trends from Delaware sources do not appear to be increasing, EPA finds Delaware’s federally

enforceable SIP provisions with NOx emission limits for NOx emission sources contain adequate 

provisions so Delaware emission sources will not interfere with maintenance or contribute 

significantly to nonattainment in another state with the NO2 NAAQS. 

Based upon EPA’s review of the submittal, EPA is proposing to determine that the State has met 

its obligations pursuant to 110(a)(2)(D)(i)(I). 

Section 110(a)(2)(D)(i)(II)

For all areas of Delaware, a SIP- approved PSD program (7 DE Admin. Code 1125) is in place. 

See 40 CFR 52.420(c). See additional discussion under 110(a)(2)(C). Based upon EPA’s review 

of the submittal, EPA is proposing to determine that Delaware has met its obligations pursuant to 

110(a)(2)(D)(i)(II) for the part C permit program. 

Prong 4 of section 110(a)(2)(D)(i)(II) requires that SIPs include provisions prohibiting any source 

or other type of emissions activity in one state from interfering with measures to protect visibility

required to be included in another state’s SIP. Delaware’s regional haze SIP was approved on 

July 19, 2011 (76 FR 42557) and prohibits emission sources in Delaware from emitting air 

pollutants which would interfere with measures which protect visibility. Based upon EPA’s 
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review of the submittal, EPA is proposing to determine that the State has met its obligations 

pursuant to 110(a)(2)(D)(i)(II). 

Section 110(a)(2)(D)(ii)

Neither Delaware nor any facility in Delaware is subject to a section 126 rule. Delaware has no 

currently pending obligations pursuant to CAA 126(b) or (c). Delaware has demonstrated that it 

has adequate provisions insuring future compliance with the requirements of sections 126 and 

115 of the CAA. Based upon EPA’s review of the submittal, EPA is proposing to determine that 

the State has met its obligations pursuant to 110(a)(2)(D)(ii). 

5. Section 110(a)(2)(E)

For section 110(a)(2)(E)(i), Delaware has adequate authority under state law pursuant to

7 Del. C. Chapter 60 to carry out its SIP obligations with respect to the 2010 NO2 NAAQS. 

DNREC will continue to have, through the State of Delaware General Fund and through the Title 

V fee program, funding to carry out its SIP obligations. Furthermore, Delaware’s funding 

sources are sufficient to provide adequate personnel for those purposes. 

At present, Delaware fulfills this obligation by virtue of having adequate personnel and funding 

through the CAA section 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 under 7

Del. C. Chapter 60. The Division of Air Quality is responsible for developing, implementing and 

enforcing the SIP. 

Delaware complies with the requirements of section 110(a)(2)(E)(ii) through compliance with the 

applicable requirements of 29 Del C., Chapter 58, “Laws Regulating the Conduct of Officers and 

Employees of the State,” which EPA approved as a SIP revision on April 17, 2013 (78 FR 

22785).

The requirements of section 110(a)(2)(E)(iii) are not applicable to Delaware because Delaware 

does not rely on localities for specific SIP implementation. Based upon EPA’s review of the 

submittal, EPA is proposing to determine that Delaware has met its obligations pursuant to 

110(a)(2)(E). 

6. Section 110(a)(2)(F)

Specific monitoring and emissions reporting requirements are found throughout the State of 

Delaware’s regulations governing the control of air pollution, including 7 DE Admin. Codes 
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1103 and 1117. These regulations are included in Delaware’s approved SIP and are listed in 40 

CFR 52.420(c) and also apply to the 2010 NO2 NAAQS.

Delaware’s SIP requires that owners or operators of stationary sources monitor and submit 

periodic reports on the nature and amounts of NOx (which includes NO2) emissions and 

emissions related-data 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 has stated it will continue to require reporting of emissions. 

Except as specifically exempted by the Delaware Freedom of Information Act, 29 Del. C.

Chapter 100, Delaware makes all records, reports or information obtained by DNREC or referred 

to at public hearings available to the public pursuant to the provisions of the Delaware Freedom 

of Information Act, 29 Del. C. Chapter 100.

Other aspects of Delaware’s program for requiring installation and maintenance of monitoring 

equipment, and periodic emissions reporting, are found in the source monitoring, source testing 

and test methods, and recordkeeping and reporting provisions of 7 DE Admin. Codes 1112, 

1137, 1139, 1141, 1142, 1144, 1146, 1148 and others in the approved Delaware SIPs, which are 

identified at 40 CFR 52.420(c). 

Based upon EPA’s review of the submittal, EPA is proposing to determine that the State has met 

its obligations pursuant to 110(a)(2)(F). 

7. Section 110(a)(2)(G)

Delaware has authority comparable to that in section 303 of the CAA and adequate contingency

plans to implement such authority. 

At present, 7 Del. C. section 6003(a)(1) requires a permit from the Secretary prior to discharging 

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

substance other than uncombined water. 7 Del. C. section 6005 allows the Secretary to seek a 

preliminary or permanent injunction or temporary restraining order for discharge of an air 

contaminant without a permit, and to issue a cease and desist order for violations (7 Del. C.

section 6018). Therefore, if any discharge of an air contaminant, including NO2, would cause 

imminent and substantial endangerment to the health, safety and welfare of the people of the 

State of Delaware or the environment, the Secretary may seek an injunction or temporary

restraining order to halt the violation.

Delaware’s SIP contains an emergency episode plan found in 7 DE Admin. Code 1115, Air 

Pollution Alert and Emergency Plan, that is currently approved in the SIP and identified at 40 

CFR 52.420(c).
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Based upon EPA’s review of the submittal, EPA is proposing to determine that the State has met 

its obligations pursuant to 110(a)(2)(G). 

8. Section 110(a)(2)(H)

Through its SIP submissions, Delaware has demonstrated that it has adequate authority under the 

Delaware Code, Chapter 60, Title 7 “Conservation” to revise the SIP. These submissions also 

provide EPA with adequate assurances that 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 attaining such standards and, 

whenever the Administrator finds, 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.

Based upon EPA’s review of the submittal, EPA is proposing to determine that the State has met 

its obligations pursuant to 110(a)(2)(H). 

9. Section 110(a)(2)(J)

Section 121 (relating to consultation). 7 DE Admin. Code 1132, Transportation Conformity of 

the State of Delaware Governing the Control of Air Pollution, provides a legal platform for the 

various consultation procedures that have been developed between DNREC, the Delaware 

Department of Transportation (DELDOT), and the Metropolitan Planning Organizations 

(MPOs). The MPOs provide the forum for consultation with local governments. Delaware’s 

MPOs are: WILMAPCO, Kent County MPO, and the Salisbury-Wicomoco MPO. Regional 

planning organizations provide the forum for inter-state consultations. 7 DE Admin. Code 1132 

is included in the Delaware SIP. Additionally, consultations with Federal Land Managers are 

always ongoing in accordance with EPA rules (such as in the Regional Haze regulations). 

Section 127 (relating to public notification). All SIP revisions and new/amended regulations 

undergo public notice and hearing, pursuant to 7 Del. C. Chapters 29 and 60, which include 

publication in the newspapers and in the Delaware Register, and which have allowed for 

comment by both the public and local political subdivisions. The public notice and hearing 

processes also fulfill the section 121 consultation process. Approved regulations in the Delaware 

SIP specify the organizations responsible for implementing and enforcing the plans. In addition, 

DNREC makes real time and historical air quality information available on its web site. 

PSD requirements necessary to implement the 2010 NO2 NAAQS are SIP approved and 

implemented through the requirements of 7 DE Admin. Code 1125, Preconstruction Review.

The Delaware PSD SIP was approved on October 2, 2012 (77 FR 60053).
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With regard to visibility protection, there are no new applicable visibility protection obligations 

under section 110(a)(2)(J) as a result of the 2010 NO2 NAAQS. Delaware is complying with, 

and will continue to comply with the visibility protection and regional haze program 

requirements under part C of the CAA. EPA approved the Delaware regional haze SIP on July

19, 2011 (76 FR 42557).

Based upon EPA’s review of the submittal, EPA is proposing to determine that the State has met 

its obligations pursuant to 110(a)(2)(J). 

10. Section 110(a)(2)(K)

Delaware has the authority and technical capability to conduct air quality modeling in order to 

assess the effect on ambient air quality relevant pollutant emissions and will continue to perform 

modeling. Delaware will continue to submit to EPA the air quality modeling data as part of 

Delaware’s relevant SIP submissions, permit actions, and through Federal grant commitments or 

in other ways that EPA may request.

Based upon EPA’s review of the submittal, EPA is proposing to determine that the State has met 

its obligations pursuant to 110(a)(2)(K). 

11. Section 110(a)(2)(L)

Delaware’s submissions adequately address this requirement by explaining that consistent with 

Delaware law, Delaware will continue to require the owner or operator of each major stationary

source to pay to the permitting authority, as a condition of any permit required under the CAA, 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., sections 6095 to 6099, and fee legislation that currently is renewed every

three years. 

Delaware also 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.

Based upon EPA’s review of the submittal, EPA is proposing to determine that the State has met 

its obligations pursuant to 110(a)(2)(L). 
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12. Section 110(a)(2)(M)

In the 2013 NO2 infrastructure SIP submittal, Delaware stated it 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., sections 6006 and 6010, and 29 Del. C. Chapters 10003, 

10004, and 10115, as applicable. Furthermore, Delaware stated all Delaware SIP revisions 

undergo public notice and hearing which have allowed for comment by the public which includes 

local political subdivisions. The public notice and hearing processes fulfill the requirements for 

consultation with local political subdivisions affected by the SIP.

Based upon EPA’s review of the submittal, EPA is proposing to determine that the State has met 

its obligations pursuant to 110(a)(2)(M). 

F. CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA’s analysis of Delaware’s infrastructure submittal for the 2010 NO2 NAAQS concludes that 

Delaware’s submittal meets the requirements of CAA section 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M), or portions thereof. It is recommended that a notice of 

proposed rulemaking be prepared approving Delaware’s infrastructure submittal for the 2010 

NO2 NAAQS.