**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

In frastructure 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 f or the 2010 nitrogen dioxide (NO 2 ) national ambient air quality standards (NAAQS ).
**B . BACKGROUND**  On February

9, 2010 (75 FR 6474) , EPA established a new 1
- hour primary NAAQS for NO 2 at a level of 100 parts per billion (ppb ) . This is based on a 3
- ye ar average of the 98 th percentile of the ye arly d istribution 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 followin g 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 NO 2 NAAQS, states ty pically have met many

of the basic program elements required in se ction 110(a)(2) of the CAA through earlier SI P submissions in connection with previous NO 2 standards. Section 110(a)(2) of the CAA lists specific elements that states must meet or continue to meet in these SI P submissions
. The requirements include SIP in frastructure elements such as requirements for modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the NAAQS.2

Two elements identified in section 110(a)(2) are not governed by the three year submissi on 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 perm it program as required in part D , Title Iof 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 ele ments 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 NO 2 NAAQS, s tates must provide SI P submissions , or provide certification that the existing SI P conta ins provisions addressing relevant infrastructure SI P elements from s ection s 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 th e 20 10 NO 2 NAAQS
. Th is submittal addressed the following infrastructure elements that EPA is proposing to approv e : S ection 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 NO 2 NAAQS that include enforceable emissions limitations and other control measures, means or techniques, as well as schedul es 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. Code s 1101, 11 1 2 (Control of Nitrogen Oxide Emissions) , 11 27, 114 2 , 11 44 , 11 46 , and 11 48
. 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 a ir resources conservation law. Legislative authority giving the Secretary

of the Delaware Department of Natural Resources and Environmental3

Control ( DNREC ) the authority to promulgate regulations is codified at 7 Del
. C
. , Chapter 60. This authority

is ap plicable to the 2010 NO 2 NAAQS. Inthis 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 110 3
- “ Ambient Air Quality Standards ” provide s for the establishment and operation of procedures necessary to monitor, compile, and analy ze data related to ambient air quality
. Th is regulation is included in Delaware’s approved SI P listed in 40 CFR 52.420(c) which also appl ies to the 2010 NO 2 NAAQS. Delaware has established and currently operates appropriate devices, methods, sy stems, and procedures necessary

to monitor, compile, and analy ze data on ambient air qua lity , 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 a s required by

40 CFR part 58. Delaware currently measures and report s NO 2 concentrations from its monitoring site located in Wilmington near M artin Luther K ing Boulevard. All data is measured using EPA approved methods as either Reference or Equivalent m onitors. All monitors are subjected to the quality assurance requirements of 40 CFR p art 58, Appendix A, and all samplers are located at sites that have met the minimum siting requirements of 40 CFR p art 58, Appendix E. The data is submitted to EPA’s Air Quality Sy stem (AQS) in a timely manner in accordance with the scheduled prescribed by EPA in 40 CFR p art 58. Inorder to keep EPA informed of changes to the sampling network, DNREC provides EPA Region I II with prior notification of any planned changes t o 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 p art 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 sched ule, monitoring objectives and scale of representativeness, as well as4

information on any

planned changes. DNREC submits data to the AQS sy stem, in a timely manner, pursuant to the schedule prescribed by the EPA in 40 CFR p art 58. Based upon EPA’s revi ew of the submittal, EPA is proposing to determine that the State has met its obligations pursuant to 110(a)(2)( B ).
**3. Se**  **ction 110(a)(2)(C)** Delaware has established and currently operates a program to provide for the e nforcement of the enforceable em ission 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 o f any stationary source within areas covered by its SI P as necessary

to assure the NAAQS are achieved. Aspects of Delaware’s program for enforcement are found in those SI P
- approved provisions of 7 DE Admin. Codes 1102 and 11 25
. At present, Delaware as p art 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 “Cr iminal 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. Code s 1102 and 1125. These existing permitting programs which are part of the federally
- approved SI P ensure that the construction and modification of both major and minor stationary sources do not cause or contribute to a violation of the NO 2 NAAQS. SI P approved 7 DE Admin. Code 1102 provides for the evaluation and necessary re gulation of any stationary

source that emit equal to or greater than 0.2 pound of any air contaminant, including NO 2 , in any

one day
. SI P 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 ).5

**4. Section 110(a)(2)(D)**  **Section 11 0(a)(2)(D)(i)(I)**  Inaccordance 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 ) SI P submission from Delaware which is part of the larger March 27, 2013 SI P submission for the 2010 NO 2 NAAQS as a required SI P submission. See EME Homer City Generation, L.P. v. EPA, 696 F .3d 7 (D.C. Cir. 2012), cert. granted, 2013 U.S. L exis 4801 (2013). On June 24, 2013, the Supreme Court granted the petitions of the United States and othe rs 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 ) SI Ps until EPA has quantified their obligations under that section. Regardless of whether a particular SI P 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 SI P submission that addresses the requirements of section 110(a)(2)(D)(i)(I ). NO 2 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 NO 2 NAAQS, EPA i s 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 NO 2 NAAQS. The Delaware SI P 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

– SO 2 , PM, VOC and NOx emissi on control (which contains NOx emission rates).

- Regulation 1146

– Electric Generating Unit Multi
- Pollutant Regulation

– (which includes SO 2 , NOx and mercury

emission rates.)6

- Regulation 1148

– Control of Stationary Combustion Turbine Electric Generating Unit Emissions

– (which includes NOx emission control through NOx emission rates.) Inaddition, all major stationary sources of NO 2 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 NO 2 emitting source will cause or contribute to nonattainment areas for NO 2 . Further, EPA notes that available information does not indicate that current air quality exceeds the NO 2 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 NO 2 NAAQS. EPA also reviewed NO 2 air quality monitoring data for the states surrounding or bordering Delaware within a 50 kilometer radius from Delaw are 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 analy sis in EPA’s Gui deline 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 Sy stem (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 ar e well below the NAAQS for NO 2 . The preliminary DVs for 2010
- 2012 in Table 1 also show levels well below NO 2 NAAQS. The level of the 1
- hour NAAQS for NO 2 is 100 parts per billion (ppb) and the form is the 3
- ye ar average of the annual 98 th 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 an d 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. Desig**  **n 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 43 427

P A 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 analy sis and EPA’s review of NOx emission trends within Delawar e, 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 analy sis of the air quality monitoring data and emission trends also supports EP A’s conclusion that NO 2 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 NO 2 NAAQS to have difficulty maintaining the NAAQS for NO 2 . EPA concludes Delaware emission sources are not significantly contributing to nonattainment in another state with the NO 2 NAAQS and are not l ikely to interfere with maintenance of the NO 2 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 r adius from Delaware are well below the NO 2 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 adequ ate provisions so Delaware emission sources will not interfere with maintenance or contribute significantly

to nonattainment in another state with the NO 2 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 al l areas of Delaware, a SI P
- 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 upo n EPA’s review of the submittal, EPA is proposing to determine that Delaware has met its obligations pursuant to 110(a)(2)(D)(i)(I I) for the p art C permit program
. Prong 4 of section 110(a)(2)(D)(i) (II) requires that SI Ps include provisions prohibiting any source or other ty

pe 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 SI P was approved on July 19, 2011 (76 FR 42557) and prohibits emissi on sources in Delaware from emitting air pollutants which would interfere with measures which protect visibility
. Based upon EPA’s8

review of the submittal, EPA is proposing to determine that the State has met its obligations pursuant to 110(a)(2)( D ) (i)(I I )
. **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 demonstrate d that it has adequate provisions insurin g 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 se ction 110(a)(2)(E)(i), Delaware has adequate authority under state law pursuant to 7 Del. C. Chapter 60 to carry out its SI P obligations with respect to the 2010 NO 2 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 SI P obligations. Further more , D elaware’s funding sources are sufficient to provide adequate personnel for those purposes. At present, Delaware fulfills this obligation by virtue of having adequate per sonnel and funding through the CAA section 105 grant process ( F ederal 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 SI P. Delaware complies with the requirements of section 110(a)(2)(E)(ii) through compl iance with the applicable requirements of 29 Del C., Chapter 58, “L aws Regulating the Conduct of Officers and Employees of the State , ” which EPA approved as a SI P 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 r egulations g overning the c ontrol of a ir p ollution, includ ing 7 DE Admin. Codes9

11 03 and 11 17
. These regulations are included in Delaware ’s approved SI P and are listed in 40 CFR 52.420(c) and also apply to the 2010 NO 2 NAAQS. Delaware’s SI P requires that owners or operators of stationary sources monitor and submit periodic reports on the nature and amounts of NOx (which includes NO 2 ) emiss ions and emissions related
- dat a 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 insp ection 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 informat ion 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 o f 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 SI P s , 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 authori ty

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 perm it, and to issue a cease and desist order for violations (7 Del. C. section 6018). Therefore, if any discharge of an air contaminant, including NO 2 , would cause imminent and substantial endangerment to the health, safety and welfare of the people of the S tate of Delaware or the environment , the Secretary may seek an injunction or temporary restraining order to halt the violation. Delaware’s SI P contains an emergency episode plan found in 7 DE Admin. Code 1115, Air Pollution Alert and Emergency Plan , that is currently

approved in the SI P and identified at 40 CFR 52.420(c).10

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 SI P s ubmissions , 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 fr om 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 s and, whenever the Administrator finds, on the basis of information a vailable 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 .**  **S ection 110(a)(2)(J)**  Section 121 (relating to c onsultation ). 7 DE Admin
. Code 1132, Transportation Conformity of the State of Delaware Governing the Control of Air Po llution, provides a legal platform for the various consultation procedures that have been developed between DNREC, the Delaware Department of Transportation (DEL DOT), and the Metropolitan Planning Organizations (MPOs). The MPOs provide the forum for consu ltation with local governments. Delaware’s MPOs are: WI LM APCO, 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. Add itionally , consultations with Federal L and Managers are alway s ongoing in accordance with EPA rules (such as in the Regional Haze regulations)
. Section 127 (relating to public notification). All SI P 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. T he public notice and hearing p rocesses also fulfill the section 121 consultation process. Approved regulations in the Delaware SI P specify

the organizations responsible for implementing and enforcing the plans. Inaddition, DNREC makes real time and historical air quality information available on its web site. PSD requirements necessary to implement the 2010 NO 2 NAAQS are SI P approved and i mplemented through the requirements of 7 DE Admin. Code 1125, Preconstruction Review. The Delaware PSD SI P was approved on October 2, 2012 (77 FR 60053).11

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 NO 2 NAAQS. Delaware is complying with, and will continue to comply with the visibility

prote ction 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 obligatio ns pursuant to 110(a)(2)( J)
. **1 0**  **. 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 mo deling. 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 way s that EPA may request
. Based upon EPA’s review of the subm ittal, EPA is proposing to determine that the State has met its obligations pursuant to 110(a)(2)( K)
. **1 1**  **. Section 110(a)(2)(L**  **)** Delaware’s submissions adequately address this requirement by explaining that consistent with Delaware law, Delaware will co ntinue 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 enforc ement 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

. , secti ons 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 Stat e 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)
.12

**1 2**  **. Section 110(a)(2)(M)**  Inthe 2013 NO 2 infrastructure SI P submittal, Del aware stated it will continue to provide for consultation and participation by local political subdivisions affected by the SI P pursuant to the public notice laws found in 7 Del. C
. , sections 6006 and 6010, and 29 Del. C. Chapters 100 0 3, 10004, and 10115, as applicable. Furthermore, Delaware stated all Delaware SI P 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 require ments for consultation with local political subdivisions affected by the SI P. 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 RECOMMEND**  **ED AGENC Y ACTION**  EPA’s analy sis of Delaware’s infrastructure submittal for the 2010 NO 2 NAAQS concludes that Delaware’s submittal meet s the requirements of CAA section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. Itis recommended that a notice of proposed rulemaking be prepared approving Delaware’s infrastructure submittal for the 2010 NO 2 NAAQS
.