Proposed Plan 

State Implementation Plan for Meeting the 

Infrastructure Requirements inof the Clean 

Air Act for Fine Particulate Matter 

Implementation, Maintenance, 

And Enforcement of the 2006 24-Hr

PM2.5 National Ambient Air Quality Standards 

(NAAQS) 

August 25July 1, 2009

Delaware Department of Natural Resources and 

Environmental Control, Air Quality Management
Proposed Plan 

TABLE OF CONTENTS 

1.0 Introduction and Background............................................................................ 3 

2.0 SIP Revision...................................................................................................... 9

3.0 Conclusion.......................................................................................................19

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Proposed Plan 

1.0 Preamble, Introduction and Background

A State Implementation Plan (“SIP”) is a state plan that identifies how that state will 

attain and maintain air quality that conforms to each primary and secondary National 

Ambient Air Quality Standard (”NAAQS”). The SIP is a complex, fluid document 

containing regulations, source-specific requirements, and non-regulatory items such as 

plans and emission inventories. 

Delaware’s initial SIP was approved by the EPA on May 31, 1972. Since this initial 

approval, the Delaware SIP has been revised numerous times to address air quality nonattainment and maintenance issues. This was done by updating plans and inventories, 

and adding new and revised regulatory control requirements. Delaware’s SIP is compiled 

at 40 C.F.R. Part 52 Subpart I. 

Section 2.0 of this document is a revision to Delaware’s SIP. The purpose of this SIP 

revision is to detail how Delaware meets all of the necessary implementation, 

maintenance, and enforcement measures required by the Clean Air Act (“CAA”), 

specifically, CAA §110(a)(1) and (2). This SIP revision is necessary because the EPA 

finalized a new 24-hour PM2.5 NAAQS on October 17, in September 2006 (71 FR 

61144), and “infrastructure SIPs” are due to the EPA within 3-years from the date of 

signature of any new NAAQS under CAA Section 110(a). Under the heading 

“Delaware’s Plan” in Section 2.0 of this document Delaware provides a revision to its 

SIP to address those requirements of Section 110(a)(2)(A)-(M) of the CAA which have 

not been addressed in other SIP revisions. It is a compilation of certain elements that 

describe how Delaware demonstrates the 2006 24-hr fine particulate (PM2.5) NAAQS is 

being implemented, maintained and enforced. The elements of this SIP revision, once 

approved by EPA, will provide a federally enforceable written confirmation that 

Delaware will continue to comply with the Section 110(a)(2) requirements of the CAA. 

Legislative authority for the Delaware air quality program relating to the responsibilities 

in the CAA is codified in Title 7 “Conservation” of the Delaware Code, Chapter 60 – 

Delaware’s comprehensive water and air resources conservation law, which gives the 

Delaware DNREC the power and duty to implement the provisions of the CAA in the 

State of Delaware. 

Many of the miscellaneous requirements of Section 110(a)(2)(A)-(M) of the CAA 

relevant to the 2006 PM2.5 NAAQS are already contained in Delaware’s SIP or in SIP 

revisions which have been submitted to but not yet approved by EPA. The following 

Table identifies those SIP provisions, which have all gone through public notice and 

hearing prior to submittal to EPA. The following Table also identifies those 

infrastructure requirements which are not applicable to Delaware. 

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Proposed Plan 

Table - 110(a)(2)(A)-(M) Requirements in the Current State of Delaware SIP 

Section 110(a) 

element Summary of element 

Provisions in the Current 

Delaware SIP or recent SIP 

revisions Submittals1

Where 

Codified or 

approved by 

EPA 

§110(a)(2)(A) Include enforceable emission 

limitations and other control 

measures, means, or techniques 

(including economic incentives 

such as fees, marketable permits, 

and auctions of emissions rights), 

as well as schedules and timetables 

for compliance as may be 

necessary or appropriate to meet 

the applicable requirements of this 

Act. 

Pertinent emission limitations and 

schedules contained in Delaware’s SIP 

that are listed in 40 CFR 52.420(c). 

40 CFR 52.420(c) 

 Regulation 46 Electric Generating 

Unit (EGU) Multi-Pollutant 

Regulation, November 21, 2006 

 Regulation 13, Open Burning 

Regulation, May 2, 2007 

 Regulation 24, Section 46, Crude 

Oil Lightering, May 2, 2007 

 Regulation 48, Combustion Turbine 

Generator Emissions, September 11, 

2007 

 Regulation 44, Stationary Generator 

Emissions, November 1, 2007 

 Regulation 43, Not To Exceed 

California Heavy Duty Diesel 

Engine Standards, November 29, 

2001 

 Regulation 45, Excessive Idling Of 

Heavy Duty Vehicles, August 12, 

2005 

 Regulation 1, Definitions And 

Administrative Principles 

 Regulation 4, Particulate Emissions 

From Fuel Burning Equipment

 Regulation 5, Particulate Emissions 

From Industrial Process Operations

 Regulation 6, Particulate Emissions 

From Construction And Materials 

Handling

 Regulation 7, Emissions From 

Incineration Of Noninfectious 

Waste

 Regulation 8, Sulfur Dioxide 

Emissions From Fuel Burning 

Equipment

 Regulation 9, Emissions Of Sulfur 

Compounds From Industrial 

Operations 

 Regulation 10, Control Of Sulfur 

 

1 All of the State of Delaware “Regulations Governing the Control of Air Pollution” have been re-coded 

under 7 DE Admin Code 1100, effective September 11,2008. This recoding was submitted to the EPA as a 

SIP on June 15, 2009, but has not yet been approved into the DE SIP. Because of this some of Delaware’s 

control requirements are cited in this document in the old format. For example, “7 DE Admin Code 1131” 

is cited as “Regulation 31 

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Dioxide Emissions Kent And 

Sussex Counties 

 Regulation 12, Control Of Nitrogen 

Oxides Emissions

 Regulation 14, Visible Emissions 

 Regulation 18 , Particulate 

Emissions From Grain Handling 

Operations

 Regulation 22, Restriction On 

Quality Of Fuel In Fuel Burning 

Equipment 

 Regulation 24, Control Of Volatile 

Organic Compound Emissions

 Regulation 26, Motor Vehicle 

Emissions Inspection Program

 Regulation 27, Stack Heights 

 Regulation 29, Emissions From 

Incineration Of Infectious Waste 

 Regulation 31, Low Enhanced 

Inspection And Maintenance 

Program

 Regulation 32, Transportation 

Conformity Regulation

 Regulation 35, Conformity Of 

General Federal Actions To The 

State Implementation Plans

 Regulation 36, Acid Rain Program

 Regulation No. 37, NOx Budget 

Program 

 Regulation No. 39, Nitrogen Oxides 

Budget Trading Program 

 Regulation 40, National Low 

Emission Vehicle Program 

 Regulation 41, Limiting Emissions 

Of Volatile Organic Compounds 

From Consumer And Commercial 

Products

 Regulation 42, Specific Emission 

Control 

§110(a)(2)(B) Provide for establishment and 

operation of appropriate devices, 

methods, systems, and procedures 

necessary to - (i) monitor, 

compile, and analyze data on 

ambient air quality, and (ii) upon 

request, make such data 

available to the Administrator. 

Regulation 17 Source Monitoring, 

Record Keeping And Reporting and 

Regulation 3, Ambient Air Quality 

Standards, provides for the 

establishment and operation of 

procedures necessary to monitor, 

compile and analyze data related to 

ambient air quality. 

40 CFR 52.420(c) 

§110(a)(2)(C) Include a program to provide for 

the enforcement of the measures 

described in subparagraph (A) and 

regulation of the modification and 

construction of any stationary 

source within the areas covered by 

Delaware implements its Construction 

and Operation Permit Program 

requirements under Regulation 2, and 

Regulation 25. 

Delaware implements its Prevention of 

40 CFR 52.420(c) 

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Proposed Plan 

the plan as necessary to assure that 

national ambient air quality 

standards are achieved, including a 

permit program as required in parts 

C and D; 

Significant Deterioration (PSD) 

Program requirements under 

Regulation 25. 

Delaware implements its Emission 

Offset Provision (EOP) requirements 

under Regulation 25. 

Other aspects of Delaware’s program 

for enforcement are found in those 

provisions of Regulation 25, and 

Regulation 17 as well as the source 

monitoring, source testing and test 

methods, and, recordkeeping and 

reporting provisions of Regulation 2, 

23, 24, 26, 31, 37, 39, 40, 41, 42, and 

others in the approved Delaware SIP as 

well as recently submitted regulatory 

SIP revisions discussed under section 

110(a)(2)(A) above. 

§110(a)(2)(E)(ii) (ii) requirements that the state 

comply with the requirements 

respecting state boards under 

section 128, and 

The requirements of §110(a)(2)(E)(ii) 

are not applicable to Delaware because 

it does not have any board or body 

which approves air quality permits or 

enforcement orders. 

§110(a)(2)(E)(iii) (iii) necessary assurances that, 

where the state has relied on a local 

or regional government, agency, or 

instrumentality for the 

implementation of any plan 

provision, the state has 

responsibility for ensuring adequate 

implementation of such plan 

provision; 

The requirements of §110(a)(2)(E)(iii) 

are not applicable to Delaware 

because it does not rely on localities 

for specific SIP implementation. 

§110(a)(2)(F) Require, as may be prescribed by 

the Administrator— 

 (i) the installation, maintenance, 

and replacement of equipment, and 

the implementation of other 

necessary steps by owners or 

operators of stationary sources to 

monitor emissions from such 

sources, 

 (ii) periodic reports on the nature 

and amounts of emissions and 

emissions-related data from such 

sources, and 

 

(iii) correlation of such reports by 

the state agency with any emission 

limitations or standards established 

pursuant to this Act, which reports 

shall be available at reasonable 

times for public inspection; 

§110(a)(2)(F)(i): Specific monitoring 

requirements are found throughout the 

State of Delaware Regulations 

Governing the Control of Air 

Pollution, to include Regulation No. 17 

and 3. These requirements are 

included in Delaware’s SIP, as 

necessary. 

§110(a)(2)(F)(ii): Specific emission 

reporting requirements are found 

throughout the State of Delaware 

Regulations Governing the Control of 

Air Pollution, to include Regulation 

No. 17. These requirements are 

included in Delaware’s SIP, as 

necessary. 

Other aspects of Delaware’s program 

for requiring installation and 

maintenance of monitoring equipment, 

periodic emissions reporting, is found 

40 CFR 52.420(c) 

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in the source monitoring, source testing 

and test methods, and recordkeeping 

and reporting provisions of 

Regulations 12, 23, 24, 26, 31, 37, 39, 

40, 41, 42, and others in the approved 

Delaware SIP, 40 CFR 52.420(c), as 

well as submitted regulatory SIP 

revisions discussed under section 

110(a)(2)(A) above. 

§110(a)(2)(G) Provide for authority comparable to 

that in section 303 and adequate 

contingency plans to implement 

such authority; 

State of Delaware Regulations 

Governing the Control of Air 

Pollution, Regulation 15, Air Pollution 

Alert and Emergency Plan, contains 

emergency episode plan provisions that 

are currently approved in the SIP, and 

found at 40 C.F.R. 52.420(c), that 

fulfill the contingency plan 

requirement for the 2006 24-hr PM10

NAAQS, based on current federal 

requirements. 

7 Del. C. § 6003(a)(1) requires a 

permit from the Secretary prior to 

discharging any air contaminant. 7 

Del. C. § 6002(2) defines air 

contaminant essentially as any 

substance other than uncombined 

water. 7 Del. C. § 6005 allows the 

Secretary to seek a preliminary or 

permanent injunction or temporary 

restraining order for any discharge of 

an air contaminant without a permit, 

and issue cease and desist orders for 

violations (7 Del. C. § 6018). Thus, it 

necessarily follows that any discharge 

of an air contaminant that would cause 

imminent & substantial endangerment 

to the health, safety and welfare of the 

people of the State of Delaware or the 

environment would constitute a 

sufficient basis for the Secretary to 

seek an injunction or temporary 

restraining order to halt the violation.

40 CFR 52.420(c) 

§110(a)(2)(I) In the case of a plan or plan 

revision for an area designated as a 

nonattainment area, meet the 

applicable requirements of part D 

(relating to nonattainment areas); 

Part D pertains to general 

requirements for nonattainment 

areas. New Castle County is in 

the Philadelphia-WilmingtonCamden PM2.5 nonattainment 

area for the 2006 24-hr PM2.5

NAAQS. 

The regulations in Delaware’s 

approved SIP that are listed in 

40 CFR 52.420(c) 

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Proposed Plan 

40 CFR Part 52, Subpart I 

related to nonattainment areas 

will continue to comply with 

Subpart D requirements and 

which could not have been 

approved if they had not met 

Subpart D requirements. 

§110(a)(2)(J) 

(PSD)

Meet the applicable requirements 

of part C (relating to prevention of 

significant deterioration of air 

quality and visibility protection); 

Delaware’s PSD requirements are 

promulgated in Regulation 25, 

Preconstruction Review. 

2.0 SIP Revision 

This SIP revision addresses those requirements of Section 110(a)(2)(A)-(M) of the Clean 

Air Act (CAA) which have not been addressed in other SIP revisions. Each of the 

requirements of §110(a)(2) of the CAA (Subparagraphs A–M) is presented below, along 

with a discussion of Delaware’s plan revision to meet the requirement. 

(A) §110(a)(2)(A) Requirement: Include enforceable emission limitations and other 

control measures, means, or techniques (including economic incentives such as 

fees, marketable permits, and auctions of emissions rights), as well as schedules 

and timetables for compliance, as may be necessary or appropriate to meet the 

applicable requirements of this Act. 

Delaware’s Plan: Delaware has established laws and regulations 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. Delaware may make changes to its laws and 

regulations that it believes in its discretion are appropriate, while continuing to 

fulfill this obligation. 

At present, Delaware’s 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 Control the 

authority to promulgate Regulations is codified at 7 Del. C., Chapter 60. This 

authority is also applicable to the 2006 PM2.5 NAAQS. 

(B) §110(a)(2)(B) Requirement: Provide for establishment and operation of 

appropriate devices, methods, systems, and procedures necessary to - (i) 

monitor, compile, and analyze data on ambient air quality, and (ii) upon 

request, make such data available to the Administrator. 

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Delaware’s SIP already contains other elements, namely, 7 DE Admin. Code 

1117 Source Monitoring2

, Record Keeping and Reporting and 7 DE Admin. Code 

1113, Ambient Air Quality Standards, addressing §110(a)(A) as discussed in the 

section 1.0 and the table thereto of this document. 

Delaware’s Plan: 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 will continue to operate devices, methods, 

systems and procedures and may makes changes that it believes in its discretion 

are appropriate, while continuing to fulfill this obligation. At present, Delaware 

does this as follows for the 2006 24-hr PM2.5 matter NAAQS: 

• 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. Daily PM2.5

monitoring is currently performed at various locations throughout Delaware. 

• All data is measured using U.S. 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 Part 58, Appendix E. 

The data is submitted to the EPA’s Air Quality System (AQS) system, in a 

timely manner in accordance to the scheduled prescribed by the U.S. 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. This plan contains 

all required information including site and monitor description, analysis 

methods, operating schedule, monitoring objectives and scale of 

representativeness, as well as 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. 

• Delaware has and will continue to submit data to EPA's Air Quality System 

(“AQS”) in a timely manner in accordance to the scheduled prescribed by the 

U.S. EPA in 40 CFR Part 58. 

(C) §110(a)(2)(C) Requirement: Include a program to provide for the enforcement of 

the measures described in subparagraph (A), and regulation of the modification 

 

2 All of the State of Delaware “Regulations Governing the Control of Air Pollution” have been re-coded 

under 7 DE Admin Code 1100, effective September 11, 2008. This recoding was submitted to the EPA as 

a SIP on June 15, 2009, but has not yet been approved into the DE SIP. Delaware’s control requirements 

are cited in Section 2 in the new format. For example, “Regulation 31” is cited as “7 DE Admin Code 

1131”. 

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and construction of any stationary source within the areas covered by the plan 

as necessary to assure that national ambient air quality standards are achieved, 

including a permit program as required in parts C and D. 

For the 2006 PM2.5 NAAQS, Delaware’s SIP already contains the other elements 

addressing §110(a)(C) as discussed in the section 1.0 and the table thereto of this 

document. 

Delaware’s Plan: 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 timetables 

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

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

stationary source within areas covered by its SIP as necessary to assure the 

NAAQS are achieved, including permit programs required in parts C and D. At 

present, Delaware as part of its Air Quality Management Section function 

exercises its programmatic authority to utilize the enforcement powers set out in 7 

Del. C. §6005 entitled “Enforcement; civil and administrative penalties; 

expenses”; 7 Del. C. §6013 entitled “Criminal penalties”; and 7 Del. C. §6018 

entitled “Cease and desist order.” Delaware will continue to operate this program 

and may makes changes that it believes in its discretion are appropriate, while 

continuing to fulfill this obligation. 

 (D) §110(a)(2)(D) Requirement: Contain adequate provisions – (i) prohibiting, 

consistent with the provisions of this title, any source or other type of emissions 

activity within the State from emitting any air pollutant in amounts which will - 

(I) contribute significantly to non-attainment in, or interfere with maintenance 

by, any other State with respect to any such national primary or secondary 

ambient air quality standard, or (II) interfere with measures required to be 

included in the applicable implementation plan for any other State under part C 

to prevent significant deterioration of air quality or to protect visibility, (ii) 

insuring compliance with the applicable requirements of sections 126 3

 and 115 4

(relating to interstate and international pollution abatement). 

 

3 §126(a) - Each plan shall (1) require each major proposed new or modified source (A) subject to Part C 

or (D) which may significantly contribute to pollution in excess of the NAAQS in any AQCR outside 

the State in which such source intends to locate or modify, to provide written notice to all nearby 

States the pollution levels of which may be affected by such source 60 days prior to the date on which 

commencement of construction is to be permitted by the State, and (2) identify all major existing 

stationary sources which may have the impact described in (1) with respect to new or modified sources 

and provide notice to all nearby States of the identity of such sources. (b) Any State may petition EPA 

for a finding that any major source or group of stationary sources emits or would emit any pollutant in 

violation of the prohibition of §110(a)(2)(D)(ii) or this section. (c) Notwithstanding any permit which 

may have been granted by the State, it shall be a violation of this section and the plan - (1) for any 

major proposed new or modified source with respect to which a finding has been made under 

subsection (b) to be constructed or to operate in violation of this section and the prohibition of 

§110(a)(2)(D)(ii) or this section, or (2) for any major existing source to operate more than 3 months 

after such finding has been made. EPA may permit the continued operation of a source beyond the 

expiration of the 3-month period if the source complies with the emission limitations and compliance 

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Delaware’s Plan: The implementation plan for Delaware and recently submitted 

SIP revisions presently contain adequate provisions prohibiting sources from 

emitting air pollutants in amounts which will contribute significantly to nonattainment or interfere with maintenance with any NAAQS and to prevent 

interference with measures related to preventing significant deterioration of air 

quality or which have to date proved adequate to protect visibility and to address 

interstate and international pollutant abatement; however, Delaware may make 

changes that it believes in its discretion are appropriate, while continuing to fulfill 

this obligation. At present, Delaware’s legal authority is contained in the 

following: 

• Delaware Code Title 7, Chapter 60 § 6010 (c). Rules and regulations; 

plans. The Secretary may formulate, amend, adopt and implement, after 

public hearing, a statewide air resources management plan to achieve the 

purpose of this chapter and comply with applicable federal laws and 

regulations. Since 110(a)(2)(D) is in the CAA, and thus a law, Delaware 

has the legal authority to regulate sources of interstate transport to areas in 

nonattainment, or in those areas maintaining the NAAQS, if they were 

previously nonattainment. 

• 110(a)(2)(D)(i)(I): Major stationary sources for the annual and 24-hr 

PM2.5 are currently subject to Nonattainment New Source Review (NNSR) 

and Prevention of Significant Deterioration (PSD) permitting programs 

under the PSD and EOP provisions of 7 DE Admin. Code 1125, 

Preconstruction Review. [3] As provided in the PM2.5 NSR 

Implementation Rule (73 FR 28321), NNSR in New Castle County for 

PM2.5 will continue to be administered under the provisions of Appendix S 

until no later than May 16, 2011 when the EOP section of 7 DE Admin. 

 schedules as may be provided by EPA to bring about compliance with the requirements of 

§110(a)(2)(D)(ii). Nothing shall be construed to preclude any such source from being eligible for an 

enforcement order under §113(d) after the expiration of such period during which EPA has permitted 

continuous operation. 

4 §115(a) - Whenever EPA, upon receipt of reports, surveys or studies from any duly constituted 

international agency has reason to believe that any pollutants emitted in the US cause or contribute to 

pollution which may reasonably be anticipated to endanger public health or welfare in a foreign 

country or whenever the Secretary of State requests it to do so, EPA shall give formal notification to 

the Governor of the State in which such emissions originate. (b) The EPA notice shall be deemed to be 

a finding under §110(a)(2)(H)(ii) which requires a plan revision with respect to so much of the 

applicable plan as is inadequate to prevent or eliminate the endangerment. Any foreign country so 

affected by such emission of pollutants shall be invited to appear at any public hearing associated with 

any revision of the appropriate portion of the applicable plan. (c) This section shall apply only to a 

foreign country which EPA determines has given the US the same rights with respect to the prevention 

or control of air pollution occurring in that country. (d) Recommendations issued following any 

abatement conference conducted prior to CAA 1977 shall remain in effect with respect to any pollutant 

for which no NAAQS has been established under § 109 unless EPA, after consultation with all 

agencies, which were party to the conference, rescinds any such recommendation. 

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Code 1125 and the Delaware SIP have been revised to reflect the 

provisions of 73 FR 28321. Also, in Kent and Sussex counties, PM2.5

PSD activities will continue to be administered using PM10 as a surrogate 

for PM2.5, without consideration of precursors, until no later than May 16, 

2011 when changes to Regulation 25 and the SIP have been completed. 

Delaware has complied with §110(a)(2)(D) through promulgation of 7 DE 

Admin. Code 1146, Electric Generating Unit Multi-Pollutant Regulation, 

7 DE Admin. Code 1142, Section 2, Control of NOX Emissions from 

Industrial Boilers and Process Heaters at Petroleum Refineries, and 7 DE 

Admin. Code 1148, Control of Stationary Combustion Turbine Electric 

Generating Unit Emissions; which significantly reduce emissions from 

Delaware’s largest EGUs, industrial boilers, and peaking units. These 

regulations have been submitted to the EPA as revisions to Delaware’s 

SIP. 

• 110(a)(2)(D)(i)(II): PSD requirements under Section 3 of Regulation 25. 

 Major sources are subject to NNSR and PSD permitting programs 

implemented in accordance with EPA’s PM2.5 NSR Implementation Rule 

(73 FR 28321) calling for use of Appendix S for NNSR and using PM10 as 

a surrogate for PM2.5 in the PSD NSR program requirements 

• The State of Delaware confirms that it is meeting this requirement for the 

use of Appendix S for PM2.5 activities under the NNSR program and using 

PM10 as a surrogate for PM2.5 in the PSD programs. 

• Delaware’s proposed Visibility SIP assessed and demonstrated that 

Delaware has met Best Available Retrofit Technology and Reasonable 

Further Progress (RFP) goals, and thus did not interfere with measures 

required to be included in the applicable implementation plan for any 

other State to protect visibility. 

• 110(a)(2)(D)(ii): Nothing in Delaware’s statutory or regulatory authority 

prohibits or otherwise interferes with Delaware’s ability to exercise 

sections 126 and 115 of the CAA. 

(E) §110(a)(2)(E) Requirement: Provide (i) necessary assurances that the state (or, 

except where the Administrator deems inappropriate, the general purpose local 

government or governments, or a regional agency designated by the state or 

general purpose local governments for such purpose) will have adequate 

personnel, funding, and authority under state (and, as appropriate, local) law to 

carry out such implementation plan (and is not prohibited by any provision of 

federal or state law from carrying out such implementation plan or portion 

thereof), (ii) requirements that the State comply with the requirements respecting 

State boards under section 128,5

 and (iii) necessary assurances that, where the 

state has relied on a local or regional government, agency, or instrumentality for 

 

5 §128 (a) each plan shall contain requirements that - (1) any board or body which approves permits or enforcement 

orders shall have at least a majority of members who represent the public interest and do not derive any significant 

portion of their income from persons subject to permits or enforcement orders, and (2) any potential conflicts of 

interest by members of such board or body or the head of an executive agency with similar powers be disclosed. A 

State may adopt any requirements respecting conflicts of interest for such boards or bodies or heads of executive 

agencies, or any other entities which are more stringent than the requirements of (1) and (2).

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Proposed Plan 

the implementation of any plan provision, the state has responsibility for ensuring 

adequate implementation of such plan provision.

The elements of §§110(a)(2)(E)(ii) and (iii) are not applicable to Delaware as 

discussed in section 1.0 and the table thereto of this document. 

Delaware’s Plan: With respect to the remaining obligations under this section, 

Delaware assures EPA that it has adequate authority under state law pursuant to 

7 Del. C. Chapter 60 to carry out its SIP obligations with respect to the 24-hr 

PM2.5 NAAQS. DNREC does not believe that there is any prohibition in any 

federal or state law that would prevent it from carrying out its SIP or any portion 

thereof. Further, DNREC assures EPA that it has, through the State of Delaware 

General Fund and through the Title V fee program, and will continue to have, 

funding to carry out its SIP obligations. Further, DNREC believes its funding 

sources are sufficient to provide adequate personnel for those purposes; however, 

Delaware may makes changes that it believes in its discretion are appropriate, 

while continuing to fulfill this obligation. 

At present Delaware fulfills this obligation by virtue of having adequate 

personnel and funding through the CAA §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. Delaware does not 

anticipate the need for additional resources beyond those to be appropriated in the 

above manner to carry out its SIP requirements. 

 (F) §110(a)(2)(F) Requirement: Require, as may be prescribed by the Administrator - 

(i) the installation, maintenance, and replacement of equipment, and the 

implementation of other necessary steps, by owners or operators of stationary 

sources to monitor emissions from such sources, (ii) periodic reports on the 

nature and amounts of emissions and emissions-related data from such sources, 

and (iii) correlation of such reports by the State agency with any emission 

limitations or standards established pursuant to this Act, which reports shall be 

available at reasonable times for public inspection. 

 

Delaware’s Plan: Delaware requires that owners or operators of stationary 

sources monitor and submit periodic reports on the nature and amounts of PM2.5

emissions and emissions related-date 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 will 

continue to require reporting of emissions but may makes changes that it believes 

in its discretion are appropriate, while continuing to fulfill this obligation. 

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

Del. C. Chapter 100, Delaware makes all records, reports or information obtained 

13
Proposed Plan 

by the Department 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. 

 (G) §110(a)(2)(G) Requirement: Provide for authority comparable to that in section 

303 and adequate contingency plans to implement such authority; 6 

 

 Delaware’s SIP contains an emergency episode plan for PM10 fine particulates as 

discussed in the section 1.0 and the table thereto of this document. For the 1997 

and 2006 PM2.5 NAAQS, the emergency episode plan will be updated as required 

by EPA. updated after EPA develops new thresholds per 40 C.F.R. 52.420(c), as 

necessary. 

Delaware’s Plan: Delaware has authority comparable to that in section 303 and 

adequate contingency plans to implement such authority but may makes changes 

that it believes in its discretion are appropriate, while continuing to fulfill this 

obligation. 

7 Del. C. § 6003(a)(1) requires a permit from the Secretary prior to discharging 

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

any substance other than uncombined water. 7 Del. C. § 6005 allows the 

Secretary to seek a preliminary or permanent injunction or temporary restraining 

order for any discharge of an air contaminant without a permit, and issue cease 

and desist orders for violations (7 Del. C. § 6018). Thus, it necessarily follows 

that any discharge of an air contaminant that would cause imminent & substantial 

endangerment to the health, safety and welfare of the people of the State of 

Delaware or the environment would constitute a sufficient basis for the Secretary 

to seek an injunction or temporary restraining order to halt the violation. 

(H) §110(a)(2)(H) Requirement: Provide for revision of such plan - (i) from time to 

time as may be necessary to take account of revisions of such national primary 

or secondary ambient air quality standard or the availability of improved or more 

 

6 Sec. 303- Notwithstanding any other provisions of this Act, the Administrator upon receipt of evidence 

that a pollution source or combination of sources (including moving sources) is presenting an 

imminent and substantial endangerment to public health or welfare, or the environment, may bring 

suit on behalf of the United States in the appropriate United States District court to immediately 

restrain any person causing or contributing to the alleged pollution to stop the emission of air 

pollutants causing or contributing to such pollution or to take such other action as may be necessary. 

If it is not practicable to assure prompt protection of public health or welfare or the environment 

by commencement of such a civil action, the Administrator may issue such orders as may be 

necessary to protect public health or welfare or the environment. Prior to taking any action under 

this section, the Administrator shall consult with appropriate State and local authorities and attempt to 

confirm the accuracy of the information on which the action proposed to be taken is based. Any 

order issued by the Administrator under this section shall be effective upon issuance and shall remain 

in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to 

the first sentence of this section before the expiration of that period. Whenever the Administrator 

brings such an action within the 60-day period, such order shall remain in effect for an additional 14 

days or for such longer period as may be authorized by the court in which such action is brought. 

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Proposed Plan 

expeditious methods of attaining such standard, and (ii) except as provided in 

paragraph (3)(C), whenever the Administrator finds on the basis of information 

available to the Administrator that the plan is substantially inadequate to attain 

the national ambient air quality standard which it implements or to otherwise 

comply with any additional requirements established under this Act.

 

Delaware’s Plan: 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 standard 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. 

For the 2006 24-hr fine particulate matter.5 NAAQS, the attainment 

demonstration is not yet due under the CAA, and will be developed as a SIP 

revision, as required.

(I) §110(a)(2)(I) Requirement: In the case of a plan or plan revision for an area 

designated as a non-attainment area, meet the applicable requirements of 

part D (relating to non-attainment areas). 

For the 1997 annual PM2.5 NAAQS, Delaware’s SIP or recent SIP revisions 

already contain other elements addressing §110(a)(I) as discussed in the section 

1.0 and the table thereto of this document, as well as §110(a)(2)(D)of section 2. 

Many of these also apply to the 2006 24-hr PM2.5 NAAQS. For the 2006 24-hr 

PM2.5 NAAQS, any remaining applicable requirements, which are not yet due 

under the CAA, will be developed as SIP revisions, as required.

(J) §110(a)(2)(J) Requirement: Meet the applicable requirements of section 121 

(relating to consultation), section 127 (relating to public notification), and part C 

(relating to prevention of significant deterioration of air quality and visibility 

protection). 7

Delaware’s Plan: Delaware will meet the applicable requirements of section 121 

(relating to consultation), section 127 (relating to public notification), and has met 

 

7 §121. - In carrying out requirements for plans to contain - (1) any transportation controls, air quality maintenance 

plan requirements or preconstruction review of direct sources of pollution, or (2) any measure referred to - (A) in 

part D), or (B) in part C, and in carrying out the requirements of §113(d), the State shall provide a satisfactory 

process of consultation with general purpose local governments, designated organizations of elected officials of 

local governments and any FLM having authority over Federal land to which the State plan applies. Such process 

shall be in accordance with regulations promulgated by EPA. Only a general purpose unit of local government, 

regional agency, or council of governments adversely affected by action of EPA approving any portion of a plan 

may petition for judicial review. 

§127. (a) - Each plan shall contain measures to regularly notify the public of when any NAAQS is exceeded or 

was exceeded during the preceding year, to advise the public of health hazards associated with such pollution, and 

to enhance awareness of measures which can be taken to prevent the standards from being exceeded and ways in 

which the public can participate in regulatory and other efforts to improve air quality.

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Proposed Plan 

the applicable part C (relating to prevention of significant deterioration of air 

quality and visibility protection) in Delaware’s Visibility SIP submitted to EPA 

September 25, 2008; but may makes changes that it believes in its discretion are 

appropriate, while continuing to fulfill this obligation. At present, Delaware does 

so utilizing the following: 

• 7 DE Admin. Code 1146, Transportation Conformity provides a legal 

platform for the various consultation procedures that have been developed 

between DNREC, DELDOT, and the Metropolitan Planning Organizations 

(MPOs). The MPOs provide the forum for consultation with local 

governments. 8 Delaware’s MPOs are: (1) WILMAPCO, Kent County MPO, 

and the Salisbury-Wicomoco MPO. Regional Planning Organizations provide 

the forum for inter-state consultations. Additionally, consultations with 

Federal Land Managers are always on-going in accordance with EPA Rules 

and Delaware’s Visibility SIP. All SIP revisions undergo public notice and 

hearing which have allowed for comment by the public which includes local 

political subdivisions. Delaware believes the public notice and hearing 

processes also fulfills the section 121 consultation process. The submitted 

attainment plans and regulations in the approved Delaware SIP specify the 

organizations responsible for implementing and enforcing the plans. 

• DNREC makes real-time and historical air quality information available on its 

Web site. All relevant SIPs and plans to achieve the NAAQS contain public 

notification provisions related to air monitoring levels of ozone and PM2.5

such as Air Quality Action Days, and DNREC’s website. DNREC provides 

extended range air quality forecasts, which give the public advanced notice of 

air quality events. This advance notice allows the public to limit their 

exposure to unhealthy air and enact a plan to reduce pollution at home and at 

work. DNREC forecasts daily ozone and particle levels and issues e-mails to 

the public, businesses and the media via AirAlerts. AirAlert e-mail forecasts 

and notifications are free to the public. 

For the 1997 PM2.5 NAAQS, Delaware’s SIP already contains the other 

elements addressing §110(a)(J) as discussed in the section 1.0 and the table 

thereto of this document. For the 2006 24-hr PM2.5 NAAQS, any remaining 

applicable requirements, which are not yet due under the CAA, will be 

developed as SIP revisions, as required.

 (K) §110(a)(2)(K) Requirement: Provide for - (i) the performance of such air quality 

modeling as the Administrator may prescribe for the purpose of predicting the 

effect on ambient air quality of any emissions of any air pollutant for which the 

Administrator has established a national ambient air quality standard, and (ii) the 

submission, upon request, of data related to such air quality modeling to the 

Administrator. 

 

8 7 DE Admin. Code 11 32 was submitted as a revision to the Delaware SIP in a separate submittal. 

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Proposed Plan 

For the annual PM2.5 NAAQS, Delaware’s SIP or recently submitted SIP 

revisions contains required modeling as discussed in the section 1.0 and the table 

thereto of this document. For the 2006 24-hr PM2.5 NAAQS, any remaining 

applicable requirements, which are not yet due under the CAA, will be developed 

as SIP revisions, as required.

 

Delaware’s Plan: Delaware will continue to perform modeling as required under 

the CAA to demonstrate attainment), but may makes changes that it believes in its 

discretion are appropriate, while continuing to fulfill this obligation. Delaware 

will continue to submit the Air Quality modeling data as part of Delaware's 

relevant SIP submissions and through federal grant commitments or in other ways 

that EPA may request. 

(L) §110(a)(2)(L) Requirement: Require the owner or operator of each major 

stationary source to pay to the permitting authority, as a condition of any permit 

required under this Act, 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.

 

Delaware’s Plan: In a manner 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 this Act, 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. §S 6095 to 6099 and fee legislation 

that currently is renewed every three years. Delaware 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. Delaware may make changes that it believes in its discretion 

are appropriate, while continuing to fulfill this obligation. 

(M) §110(a)(2)(M) Requirement: Provide for consultation and participation by local 

political subdivisions affected by the plan.

Delaware’s Plan: Delaware 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. § 6006 and 6010 and 29 Del. C. Chapters 

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Proposed Plan 

10003, 10004 and 10115, as applicable. Furthermore, all SIP revisions undergo 

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

includes local political subdivisions. We believe the public notice and hearing 

processes fulfill the requirements for consultation with local political subdivisions 

affected by the SIP. 

3.0 Conclusion 

Based on the information provided above, Delaware fully complies with the requirements 

of §110(a)(2)(A) through §110(a)(2)(M). 

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