March 27,2013

Mr. Shawn M. Garvin (3R400)

Regional Administrator, Region III

U.S. Environmental Protection Agency

1650 Arch Street

Philadelphia, PA 191 03 -2029

Dear Mr. Garvin:

I am pleased to submit the enclosed revision to the State of Delaware State

Implementation Plan (SIP) to address the implementation, maintenance, and enforcement of the

2010 Nitrogen Dioxide (NOz) National Ambient Air Quality Standard (NAAQS). Pursuant to

sections I l0(a)(l) and I l0(a)(2) of the Clean Air Act (CAA), each State is required to submit toEPA a SIP to provide for the implementation, maintenance, and enforcement of a newly

promulgated or revised NAAQS. The Department revised the SIP to include a document that

demonstrates Delaware has fulfilled this requirement relative to the 2010 NO2 NAAQS. Theeffective date of this revision is April 11 ,2013.

1'he requirements of the CAA Section 110(a)(2)(A) have been met through the normal

public hearing process established by the State of Delaware with proper notifrcation (30 days)prior to the convening of the public hearing. A public hearing was held on January 3,2013.Attachments A and B are copies of affidavits as proof of proper notification. It is the positionof the State of Delaware that all minimum requirements set forth in the 1990 Clean Air ActAmendments have been met.

Also enclosed with this submittal is a CD which contains an exact duplicate of the hard

copy material submitted with this SIP revision package.
Sincerely,

;.

'ts

Collin P. O'Mara

Secretary

{f:--.. 'ìì-".- I - t¡ b I û

Enclosurescc: Amie Howell, w/o encl.

Diana Esher, EPA dencl.Ali Mirzakhalili
State Implementation Plan Revision to

address the Clean Air Act Section 110

Infrastructure Elements For the

2010 Nitrogen Dioxide NAAQS

February 11,2013

Delaware Department of Natural Resources and

Environmental Control, Division of Air Quality

State 

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tnaintenance, and cnforcernerf ofa newly prontulgated or levised NAAQS. ThisSIPrevision fulfills this requiremerf relative to the 2010 NOz NAAQS.A SIP is a state plan that identifies how that stale will attain a:rd maintain ait quality thatconforms to each plimaly and secondary NAAQS. 'l"he SIP is a cornplex, fluid docurnenlcontaining regulations, source-specific requilements, and non-regulatory items such as

plans and emission inventories.

Delaware's initial SIP was approved by the liPA on May 31, 1972. Since tl'ìis inilial

approval, the l)elaware 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 levised regulalory control requirements. I)elaware's SIP is compiledin the Code of Federal Regulations at 40 C.F.R. Part 52 Subpalt I.

Sectiou 2.0 of this document is a revision to Delaware's SIP. The purpose of this SIP

revision is to detail how Delaware meels all of the necessary irnplementation,maintenanoe, and enforcement measures requircd by the CAA, specifically, CAA

$110(a)(2), relative to the 2010 NO, N,,\AQS. Under the headirg "Delawore's Plan" itt

Section 2.0 of this document Delaware plovides a levision to i1s SIP to address those

requirct'uents of Seclion 110(a)(2)(A)-(M) of the CAA which have not been addressed inother SIP revisions. It is a compilation of certain elements that desclibe how the 2010

NO, NAAQS is being irnplernented, maiffained and enforced. 'l-he elerncnts of this SIPt'evision, once approved by lil'A, will provide a federally enfolceable writtenconfirmatiot't that Delaware will continue to comply with the Seotion 11O(a)(l) and (2)requirernents o1'the CAA.l,egislative authority for the Delaware air quality prograrn relating to thc responsibilitiesin the CAA is codificd in I'itle 7 "Conservation" of the Delawale C9de, (ìhapter 60 - Delaware's comprehensive water and air lesouloes oonservaliolr law', which givcs tlreDclaware Department of Natural Rcsoulces and Environmerfal Control (DNRIJC) thepower ald duly to implernenl the provisions of the CAA in the State of Delaware.Many of the rniscellancous requireinents of Section I t0(a)(2)(A)-(M) of the CAArelevant to the 2010 NO2 NAAQS ale already contained in Delawate's SIP. 'llhe

I 75 tìt\ 6474

2 Referred to in this docunrent as "? Del. C." lirJlowed by the specific section citation (e.g., $6005),
3 f)elaware's air quality legulatiors ate oodificd iu Delawale's adlnirtistlativo coda, - f itle 7 NatumlResources and E¡vilorrrnentai Coùtrol, I100 Ai Quality Management SectioD. Cilations ae explessed itl

tlìis docunìerÌt as "? DË Adnin. Code" f'ollowed by the specific sultpalt of I100. Ä.ll portions oithe DE

Admin. Code rcferred to in this document are already included in Delawale's SlP.

Section 110(a)

clcmcnt Summary of element

Provisions in thc Currcnt

I)elawarc SIP or recent SIP

revisions Submittals

Codified or

approved by

lìl,A

Sl l0(âX2XA) Ilìcludo cnforcaable emission

limilalions and other control

llìeasulcs, means, ol techniques

(including econornic inceÍìtivessuch as fees, rnarketable pelrnits,and auctions ofemissious lights),as well as schedules and tilnetablesfol courpliance as may benccessary oÌ appropriate to meettlìe applicable requiremelts of thisAct.

Fol the 2010 NO2 NAAQS, tlÌefollowing emission limitations andschedules are conlailled in Delawale'sapproved SIP.

. 7 DE Admin. Code I1013, Definitions

Ard Adnrinist|ative Principles

. 7 DIì Adrnin Codc 1l12, Contlol of

Nitrogen Oxides Emissious

. 7 Dll Adnìiu Codc I 142, Section I .0,

Control of NOx Emissions fromIDdustlial Boilcrs

. 7 DE Adnin Code I 142, Seotiolì 2,0,

Control ofNOx Emissious fiom

llÌdustrial Boilers and Ptocess Ileaters

at PetÌoleurn Refi neries

. 7 DE Admilì Codc I144, Contfol of

Stalional y (ìcnoratol Emissions

. 7 DII 

^drniÌr 

Code I l4ó, Dlectr'¡c

Genemtiug lJnit Multi-pollulantRcgulatioÍr

. 7 Dl-.1^dnin Code 1148. Control of

Stationary Corììbustion Tut binelìlectric Genclating Unil ìllnissions

' 7 DII Adlniû. Code I127, Stack

lleishts

40 CFR 52.420(c)

$110(a)(2)(B) Plovide for establishment and

operation of appÌopriate devices,methods, systelns, and procedulesnecessary to - (i) nìonitoÌ,co:npile, and aualyze data o¡ì

ambient air quaìity, arìd

(ii) upon request, nrake such dat

a available to the AdrÌìinistratoÌ.

7 DE Admin. Code I 103, Ambjent AirQuality Standards, plovides for theestablishment ard operation ofplocedures necessal y to rnonitor',courpile and analyze data Ìclatcd to

ambient ail quality.

40 CFR 52.420(c)

Sl I0(a)(2xc) Include a progtan to ptovidc for

the enforce¡nent oftlìo mtlasuresdesclibed in subpalaslaÞh (Â) and

I)elaware irnpleuìeDts its Const uctiotìarìd Opemtion PeImit PÌog|an

reou¡rements undeÌ 7 DE Admin. Code

40 CFR 52.420(c)
preconstruction revicw and pelmitting ofany new or modified urajor stationarysources ofail pollutants. I I25 isapproved in tlìe DE SIP. Under I125any majoL source or ttrodification thatrosults in a net sìgnilÌcant iDcrease of

NOx (25 TPY in l(ent and New Castle

Countyl 40 TPY in Sussex Couùty) rÌìustapply Lowest Achievable llmissio¡r Rate(LAER) technology to reduce NOxemissions, and rnusl secule ernissiolroffsets such 1l'ìat there is a net ail qualitybenefit. In addition, any 100/250 TPYsource ofNOx emissious is also subject

to the attainrnont review plovisions of

Section 3.0 of I 125, PSD,7 DF Adnrin. Codc I 102 plovidcs for'

tho evaluatiolì and uecessa|y legulation

ofany slalionaly soulce that enrit equalto oÌ gteater than 0.2 Ib ofany air'contalnilìate, iucluding NO2, in arry oneday.

In addilion, lhc rneasulcs dcsc¡ibcd in

CAA ll0(a)(2)(A) are enforced, in palt,through pelmits issued pulsuant to 1 I02ând I125

al l0(a)(2)(E)(iii) (iii) necessary assurances that,

\,t,here the state lÌas Ïelied on a local

o| regional govelnrtìeut, agency, or'insll urnentality for theimplementation of any plan

plovision, the slate hasr esponsibility for erìsul ìlÌg adequate

impleme¡ìtatìon of suclÌ plaD

pr.ovision;

'Ihe lequirernents of g I l0(a)(2XEXiii)ale not applicable to Delawale because

Delaware does |ot lely on localities forSIP irnplenrentation.

St l0(aX2XF) lìequir'e, as rnay bc plesclibcd by

the Adlììiùistrafor

(i) tho irìslallation, lnaintenanco,

and replaccmcnt ofcquipment, and

thc ilnplsrnontation of otlìcr

necessary steps by ownels oroperators of stalionary souÌces tomonitol etnissions fi om such

{ I l0(a)(2)(rì)(i): Specilìc nonitot'iug

lcquirernculs are found in 7 DIr Admin.Codes I103 and I I17. lhesel'cquirclnenls alo included in Delaware's

SIP.

g I l0(a)(2)(l')(ii): Specific repolting

requirements are found in 7 DE Admin.Codes 1103 and I I17. Theserequirernents are included in Delawale's

40 CÞ-R s2.420(c)
prìr'suart lo this Act, which lepotls

shall be availal¡le at leasonabletimes for Dublic iìrsDection:

$110(a)(2)(G) Plovide for authority cornpârable to

thal in section 303 and adequate

contingency plans to ilnplenenlsuch autholity;

7 DE Adnrin. Code I I 15, Ail Pollution

Alert aud Enelgency PIan, contains

ernelgency episode plal plovisions thalale curlently ap¡rroved i¡r Delaware's

SI P.

40 CIIR 52.420(c)

$l l0(âX2XI) In the case ofa plan or plan

revision for al area desigrated as anonattairìrnent area, meet the

applicable lequiremerìts of part l)(relaling to nonattainment areas);

Part I) pertains to generalrequiremenls fol nonattainnÌentareas. 'l'his does lìot applytrecauso no pafl ofl)elaware ¡sdcsignated ÍìonattairìlììeDt lor [lìe2010 No. NAAOS.

gt t 0(a)(2)(J) Meet tho applìcable requ¡r'euìeDts

of ... part C (rolatirìg to prevertionof signifi cant detelioratior of ait'oualitv and visibility urotection)l

Delawale 's PSD l.equirements are

plonìulgated in 7 DE Adrnin. Code

I I25. Prcconstluction Rovie\¡r'.

40 ClìR 5 2.420(c)

2.0 SIP RevisionThis SIP levisiorl addlesses those requitetnerrts of Section 1 10(a)(2)(A)-(M) ofthe Clean

Air Act (CAA) fol the 2010 NO2 NAAQS, which have not been addtessed in other SIP

revisions. Ilach of the lequirements of $110(a)(2) of the CAA (Subparagraphs Ä-M) is

presenled bclow, along with a discussion of Delaware's plan revision to meet therequiremeut.

(A) $110(a)(2XA) lìcquircmcnf: Include enforccable emission lirnitations and othcr'

control measules, n'reans: ol techniques (including economic inceulives such asfees, marketable pernits, and auctions of emissions rights), as well as schedulesand tinetables for compliance, as may be necessary or appropriate to trreet theapplicable requirements of tl'ris Aot.Dclawarc's Plan: I)elawale has established laws and regulalions thal includeenforceable emissiorìs limitations and olher control lneasures, mealts ol'

tecl'rniques, as well as schedules and timctables fol compliance to meet the

applicable requircn.ìents of the CAA, to include the requiretnents associated with

llie 2010 NO2 NAAQS. Delawale Írlay make changes to its laws and regulatious
(B)

authority is applicable to the 2010 NO2 NAAQS.$l l0(a)(2)(B) Ilcquirernent: Provide for establishrnent and operatiolr of appropriate devices, methods, systems, and procedures necessary to (i) monitor, oompile, and analyze data on ambient air quality, and(ii) upon request, rnake such data available to the Adrninistrator.

I)elawarc's Plan: Delaware has established and currenfly operates appropriatedevices, methods, systems and procedru'es necessary to monitor, compile and

analyze dafa on ambient air quality, and upon request, makes such data available

to the Adrninistrator. Delaware will continue to operate devices, methods,

systems and procedures and may rnakes changes that it believes in its discrefionne appropriate, while continuing to fulfill this obligation. At present, Delawale

does this as follows for the 20 i 0 NOz NÄAQS:

I)elaware maiúains and operates a rnulti-station nelwork of ambient monitolstluoughout the State to measule anbient air quality levels within Delaware forcornparison to each NAAQS as required by 40 CFR Part 58. I)elawalecuffently measures and reports NO2 concentrations from our monitoring sitelocated in Wihnington near Martin L,uthcr King Boulevard.All data is measured using U.S. EPA approved methods as either Iìeference orEquivalent monitols; all monitors are subjected to the quality assurance

requirements of 40 CF'R Part 58; Appendix A; and all samplels ale localed at

sites that have met the ninimum siting requirements of Palt 58, Appendix E.The data is submitled to the EPA's Air Quality System (AQS) system, in a

timely manner in accordance fo flre scheduled plescribed by the U.S. lìPÂ in40 CFR Part 58.In order to keep EPA informed of changes to the sarnplirg network Delawareprovides lìPA Region III with prior notilìcation of any plamred changes to thenetwork. As needed, details of these changes and anticipated approvals of thechanges are comnunicatcd to EPA. On an amual basis, Delawale sencls EPAa monitoring network plan as required by 40 CFR Part 58 Section 10: Amrualtnouitoring netwolk plan and periodio network assessment. 'lÌhis plan corrtainsall required information including site and monitor description, analysismethods, operating schedule, monitoring objectives and scale ofreplesentativeness, as well as infolmation on any planned changes. Delawaresubrnits data to the AQS systern, in a timely rnanner, pursuant to the scheduleprescribed by the ììPA in 40 CFR Palt 58.
p

¡y 

achieved, inoluding a pennit prograrn as required in parts C and I).I)elawarc's Plan: Delaware has established and currently operates a program to

provide for the enforcemenf of the enl'olceable emission lintitations and other

contlol measues, nleans, or techniques, as well as schedules and fimetablesfor cornpliance, as rlìay be necessary or appropt'iate to meet the applicablelequirements of1he CAA and to regulate the modification and consfiuction of any

stationary source within arcas ooveted by its SIP as necessary to assute the

NAAQS are achieved, including permit pt'oglarns lequired in parts C aud D. At

plesent, Delawale, through its Division of Air Quality, exercises ifs programrnatic

authority to utilize the enforcetncnt powers set out in 7 Del. C. ô6005 entitled"Enforcernent; civil and administrative penalties; expenses"; 7 Del. C. $6013entitled "Criminal penalties"; and 7 Del. C. $6018 entitled "Cease and desistorder." Delaware will continue to operate lhis program and may tnakes changes

that it believes in its discretion ale appropriate, while continuing to fullill this

obligation.S110(aX2XD) Requircmcnt: Contain adequate provisions - (i) proltibitittg,consistent with the provisions of this title, any source or other type of emissions

activity within the State fi'om emitting any air pollutant in amoufts which will - (I) contribute significantly 10 non-attainmefl in, ol interfere withmaintenance by, any other State with respect 10 anysuch national primary or secondat'y ambient air quality standatd, or' (II) inlerfere with measures requiled to be included in

the applicable implementation plan for any other State under pal't C to prevent

signifìcant deteliolation of air quality or to prolect visibility, (ii)_ insuring

compliance with the applicable requirements of sections 126 a and 1 15 s (rclatingto interstate and inlernational pollution abatement).

4 $ I 26(a) - Each plan shalÌ ( I ) r equile each rnajol proposed new ot nodilied soulce (A) subjcct to Par t C

or (D) which rrray signilÌcantly cortibufe to pollution irì excess of tho NAAQS in any AQCR outside

tlìe State in which such source intends to locate or moclify, to plovide writtcn nofice to all nealby

Statos tlìe pollution levels of which nay be affected by suclì source 60 days priol to the date on whichcornrììoncenìert of corìstruction is to be perÌnitted by the Stato, and (2) idcntify all major existiugslationaly sources which rnay have the impacl described in (l ) with respect to now or modified sourcesand provide notice to all uealby States of the identity of such sources. (b) Any State üay petitioll llP,A.fol a findilg that any majol source or group of stationary sources enrits ot would emit any pollutant inviolatior of the pÌohitr¡tion of $ I 10(aX2)(D)(ii) or thìs sectiou. (c) Notwithstanding any peflnit wlìichmay have bocn grantcd by the State, it shall t¡e a violation of'this section and the plan - (l) for anyrnajol proposed new or modified source wilh rospcÇt to which a lÌnding has been mads undel'

(t))
abatemenl; however, Delaware may nrake changes that it believes in its discretionare appropriate, while continuing to fulfill this obligation. At preserf, Delaware'slegal authority is contained in the following:o 7 De.l. C., $ 6010(c). Rules and regulations; plans. 'l'he Secletary may

Iòr'mulate, anrend, adopt and implemenl, aflel public healing, a statewide air

Íesources rnanagcrnent plan to achieve the pulpose ofthis chapter and complywith applicable federal laws and legulations. Since 110(a)(2)(D) is in the

CAA, and thus a law, I)elaware has the legal authority to regulate sources ofintel'state transpoft to areas in nonattainment, or in those areas maintaining the

NAAQS, if they were pleviously nonatlainment.

110(aX2XD)(Ð(l): 'lhe pollutant NOz is a subset of the broader pollutant NOx. Delaware has subrnitted to the EPA prior SIP revisions that

demonstrate all NOx ernitting soulces in Delaware are well controlled. lnaddition, on January 20, 2012, based on 2008-2010 ail quality monitolingdata, the U.S. Environmental Protection Agency detelmincd that no area iu thccountry is violating the 2010 NO2 NAAQS. Given that EPA has deterrnined

subsectiorì (b) to be corrstruc.ted oÌ to opelate in violation of this ssction and the prohibition of

$f lo(aX2XDXii) or tlìis section, or'(2) for any major existirìg sourcc to oporat¡ì mole tharì 3 montlìs

after such lìnclirrg has beeu urade. EPA uray perurit the coltinued opelation of a source beyond the

cxpimtiou ofthe 3-nonth period if the source cornplies with thc emission lir¡italions and complianceschedules as nay be provided by IìltA to bliDg about compliaÍìco with lhe requirements of

$l l0(aX2XDXii). Nothirrg shall be construed to preclude auy such soulce lìorn being eligible fol an

erlorcemert older under 8l l3(d) afteI tlre ex¡rilation of such period duÌing which EPA lìas pe niltodcontiDuous operatioÌr.

5 $lls(a) - Whenevel EPA. upou rcceipt of rcpoÌts, surveys or studios tont any duly constituted

intenìatiorìal agency has leason to believe that any polhrtaDts emitted in the IJS cause or contibute fo

pollution which may leasonably be anticipated to endangcÌ public health ol welfale in a foreigncourtry ol whenever thr: Sr:cretary ol'State lequests it to do so, EPA shall give fot'mal nolilicaliolr to

the Covernor ofthe State irì which such enrissions originate. (b)'l-he EPA notice shall be dconìcd to be

a finding uncler $I l0(a)(2Xl-t)(ii) wlriclr requires a plan rcvision with rospect to so muclì of tlìeapplicable plan as is inadequate to preveDt or eliminate the eÍìdangeluìent. Any foreign cour]try soalfected try such enission of pollutants shall be irvited fo appcar at auy public healing associated withaly revision of the applopliate poltion ol'the applicable plan. (c) This section slìall apply only to aforeigu couDt¡y which EPA detelrniues has giveD the US fhe same rights .witlì rcspect to the prevcntionor conlrol of aiÌ pollution occuuing iD that couut¡y. (d) Recomurendations issued followirrg anyabaLement colrference couductecl prìor to CAÂ 1977 shall remaiu in cffect with respect to any pollutantfor which no NAAQS has been establishcd under $ 109 unless EPA, aftel consuhation with allagencies, which were pady to thc confcrcnce, r'escinds any such recornmendation.
(lt)

will cause or conlribute to non-atlainmerlt in ¿¡ny alea.

110(aXZ)(DXi)01): 'l'he requirements of CAA 110(aX2XDXÐ(II) are rnet by

new major sources and rnajot modifications in Delaware being subject to the

EOP and PSD requilernents which are cotrtained in Sections 2.0 and 3.0 of 7DE Admin. Code 1 125, Preconslruclion Review.

110(aX2XD)(ii): Nothing in Delawale's statutory or regulatory autholity

prohibits or otherwise inlerferes with Delaware's ability to exclcisc sections

126 and 115 ofthe CAA.

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

except where 1he Administtator decms inappropliate, the genetal purpose localgovernmeú or govelnÍrlents, or a regioual agency designated by tlie state orgeneral purpose local goverutnents for such purpose) will have adequate

personnel, funding, and authority urlder slate (and, as appropriate, local) law to

carry out such implemerfation plan (and is no1 prohibited by any provision offedelal or state law ftom carrying out such implerneutation plan or portion

theteol), (ii) requilernents that the State comply with the requitements tespectiug

State boards under seotion 128,6 and (iii) necessary assurances that, where thestate has relied on a local or regional governnerìt, agency, or instlumentality for

the implementation of any plan plovision, the state has responsibility for ensuriugadequate implementation of such plan provision.The elements of $ I 10(a)(2)(ll)(iii) are not applicable to Delaware as discussed in

Section 1.0 of this document.I)elaware's Pl¿n: lìor $110(aX2)0fXÐ, Delaware has adequate autholity understate law pursuant to 7 Del. C. Chapter 60 to calry out its SIP obligations with

respect to the 2010 NO, NAAQS. DNREC docs uot believe that thele is anyplohibition in any federal or state law that would prevent it from carrying out its

SIP or any portion thereof. Fufher, DNIlllC assures EPA that it has, thlough theState of I)elawarc General Fund and through the ll'itlr: V lèe plograrn, and will

6 $I28(a)oachplanshall oonlain roquiroll]enls tlìat - (I) alìy bo¿ìrd orbodywbiclì applovcs polDrils or onforccnìcDt

c¡ dc¡ s shall h¿rvc ât lcâst a lìrajority of nrenrbers who leploscDt lhe public intercst and do Dd dorive âny sigrìificâDtllortiou of tlìcir incornc fiom persoDs subicot to pcrDits or enlolccr¡c t ordors, attd (2) any potcntial conflicfs of

¡nloresl by nrc,nbers ofsùclì board or body or tlÌe hcâd oI all cxcoutjvc agcncy wilh sirDilar ¡rowets bc discloscd. AStale uÌay adq)t any rcquircnrcrts respcctirlg oonllìc(s of ir)lorest fot such boaÌds or bodics or boads ol oxc0ulivc

âgencies, or âny otlÌer enlitios which arc morc slringclìt Íbar thc requilenle ts of(l ) alld (2).

l0
(F)

collected by the State of Delawale florn application fees, permit fees, tenewalfees, and civil ol administl'ative penalties or fìnes under 7 Del. C. Chapter 60.

'l-he Division of Ail Quality is lesponsible lor developing, implementing, andenforcing the SIP. Delaware does not anticipate the need fol additional resourcesbeyond those to be appropriated in the above manner to carry out its SIPrequirements.Delaware cornplies with the requirements of $ 1 10(a)(2)(E)(ii) through cotnplianoewith the applicable requirements of 29 Del. C., Ch. 58, "Laws Regulating theConduct of Offrcers and EnÌployees of the State." A public hearing on SIP

t'evision detailing how the requirements of 29 Del. C., Ch. 58 satisfy thisrequiremenl, and that proposed to submit suoh requirements to the EPA for

inclusion into the Delaware SiP, was held on October 23,2012. This final

docurlent was submitted to the EPA as a SIP revision on.lanuary 11. 2013.5110(aX2XF) Requirement: Requile, as may be prescribed by the Administrator'- (i) the installation, rnaintenance, and leplacernent of equiprnent, arrd thr:irnplementation of other necessary steps, by owners oL operators of stational'ysources to monitor emissions from sucb. sources, (ii) periodic reports on thenature and arnounts of emissions and ernissions-rclated data ftom suoh sources,and (iii) con'elation of such leports by the State agency with any emissionlimitations or standards established pursuant to this Act, which reports shall beavailable at reasonable fimes for public inspection.I)clawarc's Plan: l)elaware lequires that ownels or operators of statior.rarysources monitol and submit peliodic feports on the nature and arnourr1s o1'NOx(which includes NO2) emissions and emissions lelated-data fìom the sources.

This may include the inslallation, mainfenance and replacement of equiprnenl,where appropriate. This infonnation submitted to DNIìEC is available to thcpublic at leasonable times for public inspection pulsuant 1o Delawate law.f)elaware will continue to require leporting ol'cmissions but may rnakes charrges

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

obligation.ìlxcept as specifically exempted by the Delaware Freedom of Inforr¡ation Act, 29Del. C. Chapter' 100, f)elaware makes all recolds, r'eports or informatior.r obtained

by the Departrnent or refelled to at public healings available to the public

il
ûrat it believes in its discrefion ale applopriate, while continuing to fÌlfill thisobligation.

7 Del. C. $ 6003(a)(1) requires a pettnil from the Secletaly prior to discharging

any air contaminant. 7 Del. C. $ 6002(2) defines air coutamin¿urt essentially asany substance other than uncor¡bined watet. 7 Del. e. $ 6005 allows the

Secletaly to seek a preliminary or petmanent injunction or lentporaty rcstraining

older for any discharge of an air contaminant without a pertnit, and issue ceaseand desist orders fòr violations (7 Del. C. $ 601t1). 'l'hus, it necessarily follows

that any discharge of an ail contarninant, including NOz, thaf would cause

immineff & 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 tenlporary restraining order to halt

the violation.

5110(aX2XH) Requ¡rement: Provide for revision of such plan - (i) fÌom lirne totime as may be necessary to take account of rcvisions of suoh nationalprimaly or secondary ambieut ail quality standard or the availability of improvedor Írore expeditious methods of attaining such standard, and (ii) except asprovided in paragraph (3)(C), whenever the Administratot finds on the basis of

inl'orrnation available to the Adrninistrator that the plan is substantiallyinadequate to attain the national ambient air quality standard whioh it

7 Sec. 303- Notwithstatìding any othct plovisious ofthis Act, the Adnrinistralor upon receipt ofevidence

that a pollulioIr source ot combiûation of soulces (includìng rnoving soulces) is Pleserìting

an iuìnìirert and substantial endangelrnen[ to pubJic health or welfare, or the envitoltlnent,

ruray bring suit orì bchalf of the Urited States in the appÌopriate ljnited States District court to

irnmediately restrain arÌy pcrson causing or colrÍibuli[g to lhe alleged pollutioD to stop the emissionof aìr- pollutanls causing oI coDtributirg to suclì pollution or fo take such othel action asmay be lecessary. If it is not practicable to assule prornpt plotcction of puttlic lìealtlì ot'welfare or tlìo elvironnent by conìne¡ìcemellt of such a civil action, thc Administrator tnay issuesuch oldels as nay be nccessaly to protect prìblic hoalth or welfarc or the envjtolìmenl. Pliol to

taki¡ìg any aclion under this section, the Adm¡nistlator shall consult with appropr¡ato State and local

authorities and attcmpt to confirm the acculacy of the infor]nation on which the action proPosed totre taken is bascd. Ary order issued by tlìe AdminisÍator undet this section slìall be effective upon

issuance and shall lernai¡r il eflect fora pgriod ofuot ttrolethan 60 days, uuless tho Adnìinislrator

blings an action pulsuant to the filst so¡rlence of this section before the expilation of that peiiod.

Whcncver tho Administrator brings such arì aclior withiu the 60-day period, such otder shall rernai¡r jn

effect for an additiolal 14 days ol for such louger peliod as uray be autltolized by the coult in whiclì

such action is b|ought,

(H)

12
(r)

(r)

NAAQS which it implements ol to otherwise comply with any additional

lequirements established undel the CAA.S110(aX2XI) llequirement: In the case of a plan or plan revision foran ârea designatcd as a non-attainment area, meet fhe applicablerequilements ofpart D (relating 1o non-attainment areas).Delaware's Plan: lÌris does not apply because no part of Delaware isdesignated nonatlainment fol the 2010 NO, NAAQS.

Sll0(aX2XJ) Requirement: Meet thc applicable requit'etnents of section 121

(relating to consultation), section 127 (r'elating to public notification), ancl par1 C(relating to prevention of signihcant deteriolation of ait quality and visibilityprotection).8I)elawarc's Plan: f)elaware will meet the applicable requirements of section 121(relating to consultation), section 127 (relating to public notilìcation), and part C('elating to prevention of signilìcant deterioration o1' ail quality and visibility

protection); but may makes changes that it believes in its discretion arc

appropriate, while continuing to fulfill this obligation. At present, I)elaware doesso utilizing the following:

¡ 7 DE Admìn. Codc 1 132, 'I'ransportafion Conformity, provides a legal

platform lol the valious consultation procedures that have been developedbetween DNREC, DELDOT, and the Metropolitan Planning Organizations

(MPOs). The MPOs provide a forurn for consultation with local gover nents.Delaware's MPOs are: WILMAPCO, Kent County MPO, and the SalisburyI $tZt. - lrr calrying <xrt rcquircments fol Þlâlrs to co'rtrìiû - (l) ¿ìùy 1,ar)sportâlion colìtrols, âir qtìalit), maiDtcnaùcc

plan requircrneuts or' ¡n'ccoDstruclion teview of diÌect soutces of pollutioD, or (2) any lne¿Ìsu¡ e refcncd to - (A) itìÞarl D), or (ll) in Þaú C, ârìd in calrying out thc require¡rer)ts ()1'$l l3(d), 1lìe State shall provide a satisfâotoryploccss of colìsultation wifh gcncral pur¡rosc local govornll]cDls, desìgûatcd organizalious of elected o1lìcials of

local govcrnrneDts and arìy Iìl-M havilìg auflìority ovel |cderal land to whicl) tho Slâtc plân applies. Such ¡rrocess

shall bo in aoooldancc with rcgulatioÌrs pr()lÌulgatgd by Ir,P^. O¡ly a goncral Þurpose ultit of local govcrnnrollt,lcgiorìal âgency, or coulìcil oî govcrnrlÌcnts adversoly affcctcd by actior of llP,A app¡oving âDy poltiol) of â plârìnÌay pctìtiou 1o! .iudicial rcviow.

g 127. (a) - llâch plaD shall contain rìrcasrues to rogularly Dotify thc public of whoD aDy N,A^QS is cxceedcd or

was oxcecded dur¡rg 1lìc llrccedirìg ycâr, to advise the public ofhcalth hazards associated with st¡cl) polluliol, aìrdto cnbaDco awarcDcss ofmcasurcs which calì be faken to p¡evcnl lho staDdards lì'olìr beiug cxcccdcd aud ways inwhich tlre ¡rublic can ¡)ârlic¡pate ¡n legulatoly and othcr cffo¡1s to impnve air quality.

l3
(K)

'l-he subnritted attainment plaus and tegulations in the approved Delawale SIP

specify the organizations responsible for implementing and enforcing lhe

plans.DNIì.IÌC makes real-time and hislolical air quality information available on its

Web site.

PSD requirernents necessaly to inplement the 201 0 NO2 NAAQS ate SIP

approved and irnplemented through the requirements of 7 DE Admin. Code

I I 25, Preconstruclion lìeview.

With regald to visibility protection, there are no new applicable visibility

protection obligations under section I 10(aX2XJ) as a result of tre 2010 NOz

NAAQS. Delaware is oomplying with, and will continue to comply with the

visibility protection and regional haze program requiretnents undel Part C of

lle CAA.

$110(a)(2)(K) Rcquirement: Provide for - (i) the performance of sucl, air quality modeling as the Adrninistratot may prescribe lor 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 ambienl air

quality standald, and (ii) the submission, upon request, of data lelated to such airquality nodeling to the Administ'ator.Delawarc's Plan: Delaware has the authority and technical capability to conductair quality modeling in order to assess the effect on ambient air quality oftelevanl

pollutant emissions, and will continue to perfonn modeling as necessary, but tnay

make ohanges that i1 believes in its discretion are appropriate, while confinuing tofulfill this obligation. Delaware will coutinue to subrnit to the EPA the Air

Quality modeling data as part of l)elawale's lelevant SIP submissions, pertnit

actions, and through federal grant committneús or in olher ways that EPA mayrequest.S110(aX2XL) Requ¡rement: Require the owner or operatot of each majot'

stationary soulce to pay to the perrnittirg authority, as a condition of any pelrlit

required under this Act, a fee sulÏcient to cover- (i) the reasonable costs ofrcviewing and acting upon any application for such a permit, attd (ii) if tlie

owner or operator receives a permit fol such source, the reasonable costs of

(L)

t4
Act, a lèe suffìcient to covel' (i) the leasonable costs of reviewing and actingupon any application for suoh a permil, and (ii) if the owner Õr operator receivesa perrnit for such soutce, the reasonable costs of impleurenting and enforcingthe terms and conditious of any such permit (not including any court costs orother costs associated with any enfoLcement action), until such fbe lequilenent

is supersedcd with respect to such soutces by the Adminislrator's approval of

a fee program under titlc V pursuant fo I)elawate law. f)elaware currently fulfillsthis under the enabling authority of 7 Del. C. $S 6095 to 6099 and fee legislationthat currently is renewed every thtee yeals. Delaware has a fully apploved TitleV operating permits proglarn. See palaglaphs (b) and (c) under "Delaware" ittAppendix A to 40 CFR Part 70-Approval Stalus of Statc and l,ocal OperatingPenlits Ploglams. Delaware may make changes that it believes in its discretionalc appt'opriate, while continuing to fulfill this obligation.

(M) 51f0(aX2XM) Requirement: Provide for consultation and participation by local

political subdivisions affected by the plan.Dclawarc's Plan: f)elaware will continue to provide l'or consultation andparticipation by looal political subdivisions affected by the SIP pursuant to thepublic notice laws found in 7 Del. C. $ 6006 and 6010 and 29 Del. C. Chapters

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

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

inoludes local political subdivisions. 'I'he public uotice and heating processesfullill the requirernents lòr consultation with local political subdivisions affected

by the SIP.

3.0 ConclusionBased on the discussion provided above, Delaware fully oornplies with the rcquirementsof $ 1 10(a)(2)(A) through $ 1 lO(aX2XM) lelativc to the 2010 NO2 NAAQS.

l5

State Implementation Plan Revision to

address the Clean Air Act Section 110

Infrastructure Elements For the

2010 Nitrogen Dioxide NAAQS

November 14, 2012 Proposal

Delaware Department of Natural Resources and

Environmental Controlo Division of Air Quality

p

(

) 

p

p

,

maintenance, and enforcement of a newly prornulgafed or revised NAAQS. 'l'his SIP

revision fulfills this requûement relalive to the 2010 NOz NAAQS.A SIP is a state pl¿¡n that identifìes how that state will attain and maintain ail quality thatconfotms to each primary and secondary NAAQS. The SIP is a cornplex, fluid documentcorfaining regulations, source-specific requirements, and non-regulatoly items such asplans and emission inventories.I)elaware's initial SIP was approved by the EPA on May 31, 1972. Sinoe tris inilialapploval, the l)elaware SIP has been revised numerous times to address air quality nonattainment and maintenance issues. 'Ihis was done by updating plans and inventories,and adding new and revised regulatory cont'ol l'equirements. I)elawale's SIP is cornpiledin the Code of Federal Regulations at 40 C.F.R. Part 52 Subparl 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 meâsul'es required by the CAA, spccifically, CAA

$110(a)(2), relative to the 2010 NO, NAAQS. Under the heading "Delaware's Plan" inSection 2.0 of this document Delaware provides a revision 10 its SIP to address those

t'equitemerfs of Section 1 10(a)(2)(A)-(M) of the CAA which have not been addressed inother SIP revisions. It is a compilation of certain elernents that describe how the 2010

NO2 NAAQS is being irnplemented, mainlained and enfolced. The elements of this SIP

revision, once approved by EPA, will provide a federally enlòrceable writtenconJÌtmatiou that Delaware will continue to cornply with the Section 110(a)(1) and (2)requirernents of the CAA.Legislative authority for the l)elaware air quality progran relating to the responsìbilitiesin the CAA is codified in Title 7 "Conservation" of the Delaware Code, Chapler' 60 - Delaware's comprehensive water and air lesources conservation Ia#, which gives theDelaware Department of Natural Resources and Envilonmental Contlol (DNREC) the

power and duty to implement thc provisions of the CAA in the Stale of Delaware.Many of the miscellaneous requirements of Section I 10(aXZXA)-(M) of the CAArelevant to 1he 2010 NO, N.AAQS are aheady contained in Delawale's SIP. The

1 ',15 FR 64'74

2 l{efel ed to in tlìis docurnent as "7 Del. C." followed by the specific section citation (e.g,, $6005)
Section 110(a)

clerncnt Summalry of clement

Provisions in the Currcnt

Dclaware SIP or rcccnt SIP

rcvisions Submitt¿ls

Codificd or

approved by

NPA

Sl l0(â)(2XA) Includc enfolceable emission

linitations and otlÌer control

neasures, mt:arìs, or techniques(including econortic incentivessuch as fees, malketable permits,aDd auctions of elnissions rights),as well as schedules and timetables

for compliance as may be

neccssary or appropriâte to meetthe applicable lequirenents of thisAct.

FoI the 2010 NO, NAAQS, thefollowing emission limitations andschedules ale contained ill Delawale'sapproved SlP.

. 7 l)l- AdÌrirì. Codc I l0 | '. Definitions

And 

^dùrinistrative 

Principles

. 7 DE Admir Code 1l t2, Control of

Nitlogen 0xides lJmissious

. 7 DE Adrnin Code 1142, Section 1.0,

Control ofNOx Emissions fromlndustlial Boilcts

. 7 DE Adlnin Cods I142, Section 2,0,

Cortrol ofNOx Emissiors fÍom

Industrial Boilers and Process lleaters

at Petroleurn Refineries

. 7 DE Admin Cods I 144, ConLrol of

Stationary Goneralor llmissions

. 7 Dn 

^dm¡n 

Code I I46, lllcctr¡c

Generating [.Jnit Multi-pollutanlRegulalion

. 7 Dll 

^.dmin 

Code I 148, Contlol of

Stationary Combustion TurbirìeElectric Generating Unit Ernissions

. 7 DE Adrnin. Code I 127, Stack

Heif¿hts

40 CÌrR 52.420(c)

Sl I0(âX2XB) Provide for establishnent and

operation of applopriate devices,

methods, systems, al]d proceduresDecassary to - (i) lllonitor',

compile, and alalyze data onaurbieut ail quality, and(ii) upon lequest, nake suclì data available to the Administrafor.

7 DË Adlìlin. Code I 103, Ambient Air'Quality Standards, plovides for theestablishment and operatioD ofprocedures nccessary to rnonjtol,

compiJe and analyzo data lelated foambient air quality.

40 CFR 52.420(c)

Sl t 0(âX2)(c) Includc a progranì to plovide for

the onforcelnont ofthe measulesdesclibed in sub¡alasraDh (A) and

Delawale im¡rlemerìts ifs Constructionaud Opelation Pennit Progl.an]requi¡e¡nents under'7 DE Adrnirì. Code

40 CFR 52.420(c)

3 Delaware's ail quality rogulatións are codified in DelawaÏe's administrative codc, - [it]c 7 NaluralResources aud Euvilolrmcntal Contlol, 1100 Air Quality Marìagement Section. Citations aI.e exptessed ìn

this documenl as "T DE Admin. Code" Iollowed by the specific subpaft of 1100. All Poftions ofthe DE

Admin. Code referred to in this document ale aheady included itl Dclaware's SIP.
p

¡

e

e

a

d p

g o

auy rìew ol modilìod majol statjonaly

sources ofair pollutants. I125 is

approvcd in the DE SIP. Under I125any majol source ol modification thatresults in a Det sigDificant increase o1'

NOx (25 TPY in Kent ald New Castle

County; 40 TPY irì Sussex Counly) nustapply Lowest Achievable Emission Rate([-AER) technology to leduce NOxerÌìissions, and rnust secure ernissio¡roffiets such thât tlìere is a net air quality

benelil. h addition, any 100/250 TPY

source ofNOx emissions is also subject

to tlìe atlai ìrent r€vjew provisions of

Section 3.0 of i 125, PSD.7 l)E Ad¡nin. Code I 102 provides for'

lhc cvalual¡on and necessary rcgulaliorrolany stationary source that e¡nit cqualto or greatel thar 0.2 lb of any air'contaüinate, including NOr, ir any oneday.

ln addition, thc nlcasulcs describcd jn

CAA I I0(a)(2)(A) are enforced, in paú,through permits issued pursuant to I J02

and 1125.

al l0(a)(2)(E)(iii) (i¡i) rìecessal y assularìces tlìat,

where tlìe state has r-elied on a loc¿lol legional governlr'lelrt, ageucy, or

inslì umerìtality for tlìe

irnplemeutation of auy plan

pÌovisiou, the state lìasIesponsibility fol ersurirg adequate

irnplelnelìtation of suclì plaû

Dlovision;

'I'he requiremells of $1 l0(a)(2)(E)(iii)arc not applicablo to f)elawa|e lrecauscDelawate docs not lely on Iocalities forSIP inìplelnefltation.

$l l0(aX2XF) Rcquirc, as may be plesclibed by

thc Adlrinistlator'.-

(i) tbe installation, mairìtenanco,

and replacemeìt of equipnìent, andthe impletnertation of other'nccessary steps by ownels oroperators ofstationary sources ton'ronitol emissions lìom such

$I r 0(a)(2)(F)(i): Specilic moniloring

rcquilonents alc found in 7 DF Adnrin.

Codes 1l03arìd 1l17. Theserequirelnents are included ill Delawale's

SIP.$l I0(a)(2)(F)(ii): Specific leporting

Ìcqujrcrncnts aÌc lound in 7 Dll Ádnrin.Codes ll03and lll7. Thesereouirements are included i¡r l)elaware's

40 CFIì 52.420(c)
pursuant to this Act, which reports

shall be availabie at reasorìable

times foI uublic ilìsDectiorì:

$t l0(a)(2)(G) Plovide fol authority comparable to

that iu section 303 and aclequatecontingency plarìs to implerneutsuch autlìorify;

7 DE Adnin. Code I I 15, Air I'ollutioD

Alart and Emergency Plar, contaiDs

curelgency episode plan ptovisions thalale culrently approved in Delaware's

SIP,

40 CFR .52.420(c)

$l l0(a)(2)(l) ln the case ofa plan or plarì

revision for an area dcsignated as anonatta¡rment al oa, meet theapplicable requiÏemerfs of part D(relating to nonatlainment areas);

Part D peltairs to ga¡relal

requiLenrents for nonattainlnentareas. 'l'his does not apply

because no part of Delaware is

designated nonattainrìlont for tlìe?010 No. NAÁOS

Sl 10(a)(2)(J) Meet thc applicabÌe requiremeÌìts

of... paft C (r'elating to pleventionof signifi calt detet ioration ol air'oualilv and visibilitv Dlotection):

Delawae 's PSf) requirements are

plomulgated ir 7 DE Adnin. Code

I 125. Precoustruction lìeview.

40 CFìì 52.420(c)

2.0 SIP Revision'I'his SIP levisiol'ì addresses those requitements of Section 11O(aX2Xe)-(M) of the CleanAir Act (CAA) for the 2010 NO2 NAAQS, which have not been addressed in other SIPrevisions. Each of the requirements of $110(a)(2) of the CAA (Subparagraphs A-M) ispresented below, along with a discussion of Delaware's plau revisior.r to mcet theÍequifemerìt.

(A) $110(a)(2)(A) Requiremcnt: Include enforceable ernission lir¡itations aud other

control rneasures, lneans, or techniques (including econornic incentives such as

fees, marketable perrnils, and auctions of emissions rights), as wcll as schedulesand tirnetables fòr compliauce, as Ínay be llecessal'y or appropriate to meet theapplicable requilements of'this Act.I)clawarc's Plan: f)elawate has established laws and regulations that includeenl'orceable emissions limitations and othet control measures, means ot

techniques, as well as schedules and timetables fol compliance 10 meet the

applicable requirenents of the CAA, to include the tequilenents associated with

the 2010 NO, NAAQS. Delaware may nake changes to its laws and regulations
(ß)

authorily is applicable to the 2010 NO, NAAQS.

$l t0(aX2)(lì) Rcquiremcnt: Provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to (Ð monitor, compile, and analyze dala on ambient air quality, and (ii) upon request, make such data available to the Adrninistrator.

Delaware's Plan: Delaware has established and currently operates applopriatedevices, rnethods, systems and procedures necessary to monitor, compile and

analyze da:ta on ambient air quality, and upon request, makes such data available

to the Âdministrator'. Delaware will continue to operate devices, melhods,

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

are appropliate, while continuing to fulfill fhis obligation. At present, Delawaredoes this as follows fo¡'the 2010 NOz NAAQS:

. f)elaware tnaiutains and operates a rnulti-station network of ambient monitors

throughout thc State to rneasure ambient air quality levels within Delaware for

oomparison to each NAAQS as required by 40 CFR Parl 58. Delaware

cuuently measures and reports NO2 concentrations fi'om our monitoring site

located in Iüilmington near Martjn Luther King Boulevald.

. All data is rneasuled using U.S. EPA approved methods as either Reference or

ìlquivalent monitors; all monitors are subjected 10 the quality assurancerequirements of 40 CÌ.R Part 58; Appendix A; and all sarnplers are located at

sites that have met the minimum siting requiremenls of Part 58, Appendix li.

The data is submitted to the EP.A's Air Quality System (,AQS) system, in 

a

timely tnanner in accordance to the scheduled presclibed by the U.S. El']A in40 CìrR Part 58.

. In otder to keep EPA infolrned of changes to the sarnpling network l)elaware

pt'ovides EPA Region III with prior notification ofany plamred ohanges to the

network. As needed, details of these changes and anticipated approvals of the

changes are communicated fo llPA. 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. 'l-his plan containsall rcquired information including sile and monitor description, analysisrnethods, operating schedule, rnonitorirg objectives and scale ofrepresentativeness, as well as infotmation on any planned changes. Delawaresubtnits data to the AQS system, in a timely manner, pursuant to the schedule

prescribed by the lìPA in 40 CFR Part 58.
achieved, including a permit progratn as required in parts C and D.Delaw¿re's Plan: Delaware has established and currently operates a program foplovide for the enfolcement of the enfolceable emission limitations and othelcontlol rneasures, means, or techniques, as well as schedules and tirnetables

for compliance, as rnay be necessary or appropriate to rrreet the applicable

requirements ofthe CAA and to regulate the modification and construction ofany

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

NAAQS ale achieved, including permit programs required in par1s C and D. Atpresent, f)elaware, thlough its f)ivision of Air Quality, exercises its programmatic

authority to utilize the enforcement powers set out in 7 Del. C. $6005 etfitled"Enforcement; civil and administrative pcnalties; expenses"; 7 Del. C. $6013entitled "Criminal penalties"; and 7 Del. C. $6018 entitled "Cease and desistorder." Delaware will conlinue to opelate this program and may makes changesthat it believes ìn its discretion are appropriate, while continuing to fullìll this

obligation.

S1rO(aXzXD) Rcquircmcnt: Contain adequate provisious - (i) prohibiting,

consistent with the provisions of this title, any source or other type of emissiot.tsactivity within the State frorn emitting any air pollutant in amounts which will - (l) contribute significantly to non-attaintnetf in, or interferc withmaintenance by, any other State with respect to any

such national prirnary or secondary ambient air quality standard, or (ll) interfere with lneasures required to be included in

the applicable implementation plan for any other State under pal't C to prevenl

signitcant deteriolation of air quality ol to protect visibility, (ii), insuringco=mpliance with the applicable rcquirenrents of sòotions 126 a and 115 5 (r'elating

to interstate and intelnational pollution abatenlent).

4 $126(a) - Each plan shall (l) r'equile each major proposed new or rnodified source (,4) subject to Part 

C

or (D) which rnay siglifìcantly contibute to pollution in excess ofthe NAAQS in any AQCR outside

tlìe State ilt wllich such source ¡nfcnds to locate ol rnodifu, to provide witteD notice to all itoarby

Statos the pollution levcls ofwhich rnay be aff€cled by such source 60 days prior to tlÌe date on which

cornlnencernant of consbuction is to be permitted by the Slate, and (2) identify all maior existirgstatioDary sources which may have the itnpact described iu (l) wirh respect to tÌew or tìtodified sourcesarrd pÌovide uotico fo all learby States ofthe iderìtity ofsuch sources. (b) Any Slate may petition 8P,4.

fbr â fiuding that atry majol source ol gloup of statioDary sourcos emits or would entit any pollutant in

violatioD of tlìe plohibitiol] of g I I0(a)(2)(D)(ii) or this section. (c) Notwithsla|ding ary pennit whichnray have been gfanted by the State, it shall be a violation of this section ard the plan - (1) fol aDyrurajor proposed new or modified soutce with respcct to which a finding has bcen made under

(D)
abatement; however, Delaware may make changes that it believes in i1s discletionare appropriate, while continuing to fulfill this obligation. At present, Delaware'slegal authority is contained in the f'ollowing:o 7 Del. C., !i 6010(c). Iìules and regulations; plans. The Secretary may

formulate, amend, adopt and implement, a1ler public hearing, a statewide airresoulces rnanagement plan to achieve the pulpose ofthis chapter and complywith applicable federal laws and regulations. Since 110(a)(2)(D) is in theCAA, and thus a law, Delaware has the legal authority to regulate sources olìinterstate transport to areas in nonattainmeft, or in those areas maintaining the

NAAQS, if they were previously nonaltainmenl.

110(aX2XDXÐ(l): The pollutant NOz is a subset of the broader pollutant NOx. Delaware has subrnitted to the llPA prior SIP revisions that

demonstrate all NOx ernilting sources in l)elaware are well controlled. lnaddition, on .Ianualy 20,2012, based on 2008-2010 air quality monitoring

data, the U.S. Enviromnenlal Protection Agency determined fhat no area in thecountry is violating the 2010 NO2 NAAQS. Given that ìiPA has determined

subsecliolr (b) to be conshuctcd or to operate in violation of this scclion and the prohibition of

$ I l0(a\2)(D\ii) or this soction, or (2) fol any majol cxisting source to operate more than 3 months

after such finding has beel made. EPA may pelnif the continued operalion of a soulce beyond the

expiration of the 3-month period if the source complies with the enission Iinritations and compliauce

schedules as may be provided by ËPA fo bring about cornpliance with the requirerneuts of

gl l0(a\2)(D)(ii). Nothirg shall be coustrued to preclude any such soutce frorn being eligible fol an

enfoÍcelÌìent oldel under öI l3(d) alìer the expiation ofsuch period durilg which EPA lìas perlìlitledcotìtinuous operation.

5 $ll5(a) - Whenever IìPA, upon receipf of leports, surveys or studies frorn arry duly constituted

intemational agency has reason to believe thal aDy pollulants emitted ir tlìe US cause or colìtribute to

pollution which may leasonably be anticipated to endarìgel public health or welfare in a foreignçountry or whenever the SecletaÌy of Stato roquests it to do so, EPA shall give fornal notilication to

the Governor of tlÌc Stâto in which such emissions oliginate. (b) 'l'he ËPA Dotice shall be deemed to be

a findi[g under $l I0(aX2)(H)(ii) which lequiles a plan revision with respect to so lì1uch of tlìeapplicable plan as is irìadequate to prevent or eliminate the endanger¡nent. Any foreign courìtry soaffected by such ernission of pollutants shall be irvited to appeal at any pubJic healing associaled withany revislon of tlìe applopriate portiorì of the applicable plan. (c) This section slìall apply only to aforeign counlly whjch DPA deternìines has given the US thc same liglìts with lespect to the preveutionoI control of air pollution occu|ring in that country. (d) Iìecornmendations issued following anyabatelnent confelelìce conducted prior to CAA 1977 shall remain in effect wilh respect to any pollutantfol which no NAAQS has been established under $ 109 ulless EPA, after consultatio¡r with allagencies, which were paÍy 10 the confetence, rescinds any such recornmeldatiol.
(E)

will cause ol contribute to non-altainment in any area.

t 1 0(a)(2)(D)(i)Ql ): The requirernents of CAA 110(aX2XDXÐQI) are met by

new majol sources and major modifications in l)elaware being subiect to theìrOP and PSD requirements which are contained in Sections 2.0 and 3.0 of'7DE Adrnin. Code 1 125, lÌreconstruction Review.

1 10(a)(2X[l)(ii): Nothing in l)elaware's statutory or regulatory autholity

prohibits or othelwise interfères with Delaware's ability to exeroise sections

126 and 115 ofthe CAA.

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

except where the Adrninistlatot deems inappropriate, the general purpose localgovernment or governments, or a regional agency designated by the state orgeneral purpose local governments fòr such purpose) will have adequate

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

camy out such irnplernentatiou plan (and is not prohibited by any provision offederal or state la.¡,/ from cauying out such ilnplementation plan or portion

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

State boards under section 128,ó and (iii) necessary assurances that, whete thestate has relied on a local or regional govelnment, agency, or irstt umentality for

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

adequate implementation of such plan provision.'I'he clements of $ 110(aX2)(E)(iii) are not applicablc to Delaware as discussed irr

Section 1.0 ofthis document.Dclawarcos I'lan: For' $1i0(a)(2)(E)(i), f)elaware has adequate authority understate law pursuant to 7 Del. C. Chapter 60 to carry out its SIP obligations with

respect to the 2010 NO2 NAAQS. DNREC does no1 believe that thele is anyprohibition in any federal or state law that would ptevent it from carrying out its

SIP or any portion thereof. Further, DNREC assures EPA that it has, through theState of Delawale General Iìund and through the Title V fee program, and will

ó $128 (a) cach plan shall contaiD loquirc¡ùonts thât - (l) âny board ot body which a¡)provcs pcrtììits or elìlbrccnont

ordcrs shall havo at lcasl a nraiorily of nÌcnrbcß who reprcsent the Dublic ilìtcrcst aDd do lìot dcrivc aì)y significântpofl¡olì of tlìeir income 1ìom persons subìcot to por,ììils o| e¡forcclnent oldels, and (2) any potential corìllicts ol

ìnterest by menlllcrs ofsuclr boald or body ol llÌc hcad ofan oxocutive agency with sirn¡lat porvers bc discloscd. AStatc l Ììay ad op t any l cq u i¡ cnÌcr) ts rg$pectiirg coull icls of ìrìterest for such board s o¡ lrod ics or heads of exccu l ive

agcncics, or âny othe, entities wlìiclì arc lnorc stlingcnt thârì the requjrelìrcltls of (l) and (2).

l0
(F)

collected by the State of Delaware frorn application fees, permit fees, r'enewalfees, and civil or administrative penalties or fines uudet 7 Del. C. Chapter 60.

'l'he Division of Air Quality is responsible for developing, implernenting, andenforcing the SIP. Delaware does not anticipate the need for additional resourcesbeyond those to be appropriated in 1he above manner to carry out its SIPrequirements.f)elawale cornplies wilh the requilernents of $ 1 10(a)(2XEXiÐ through cornpliancewith thc applicable lequirements of 29 Del. C., Ch. 58, "Laws Regulatir-rg theConduct of Officers and ììmployees of the State." A public hearing on SIP

revision detailing how the requirements of 29 Del. C., Ch. 58 satisfy thisrequirement, and that proposed to submit such requirements to the EPA f'or

inclusion into the Delaware SlP, was held on October' 23,2012. Final action will

be taken by Delawale on that SIP revision by December 2012.5110(aX2XF) Requ¡rement: Require, as may be presclibed by the Adrninistrator - (i) the installation, maintenance, and replacement of equiptnent, and the

implementation of other necessary steps, by owners or operators of stationalysources tÕ monitor emissions lrom such sources, (ii) periodic reports on the

nature and amounts of emissions and emissions-related data from such sources,and (iii) correlation of suoh reports by the State agency with any emissiolr

limitafions or standards established pulsuant to this Act, which repolts shall be

available at rcasonablc tirnes for public inspection.Delaware's Plan: Delaware lequiles that o\ryners ot opeÌatÕrs of stationaty

sources rnonitor and submit periodic repoÍs otr the nature and amounts ofNOx

(which includes NO2) emissions and emissions related-data from the souroes.'l-his may include the installation, rnaintenance and leplacement of equipmenl,where appropriale. This information submitted to DNREC is available to the

public at reasonable times for public inspection pursuant to Delaware law.

Delaware will continue to requile reporting of emissions but may makes changes

that it believes in its discretion ale appropriate, while corrtinuing to fulfill this

obligation.Except as specilìcally exempted by the Delaware F'reedom of lnformation Act, 29Del. C. Chapter 100, Delaware makes all records, reports or information obtained

by the Deparlrnent or referred to at public hearirrgs available to the public

1l
that it believes ûr its discl€tioû are appropriate, while continuing to fulfill this

obligation.7 Del. C. $ 6003(aXl) requires a permit fi'om the Secretary prior 1o dischargingany ail contaminant. 7 Del. C. $ 6002(2) defìnes air conlaminant esseutially asany substance other than uucombined watet. 7 Del. Ç ô 6005 allows the

Secretary to seek a preliminary or pcrmanet'ìt injunction or temporary restraining

order for any dischalge of an air contaminant without a permit, and issue ceaseand desist orders for violations (7 Del. C. $ 6018). Thus, it necessarily followsthat ary discharge of an air contaminant, including NOz, that would cause

irnmiueut & substantial endangetment to the health, safety and welfa¡e of'the

people of the State of Delaware or the environment would constitute a sufficientbasis for the Secretaty to seek an injunction or temporary restraining order to hahthe violation.

(H) 9110(aX2XH) Requirement: Provide for revision of such plan - (i) from tirne to

tirne as may be necessary to take account ol' revisions of such nationalprimary or secondary ambient air quality standard or the availability of inrploved

or more expeditious methods of attaining such standard, and (ii) except asprovided in paragraph (3)(C), whenevel the Administrator finds on the basis of

inf'orrnation available to the Administralor that the plan is substanliallyinadequate to atlain the national ambient air quality standard which it

7 Sec. 303- Notwithstandirrg any other provisions ofthis Act, tlìe AdmiDistrato upon receipt ofevidence

that a pollutiolt soutco or conlbination of sources (includirg urovilg sources) is preselìtiltg

an imminelìt and substantial eldangerment to public health ol welfare, or the environment,nay briDg suit on behalf of fhc United Slates irì the appropriate Unitsd States DistÌict court to

ilnnìediately leshaiD any person causing or contributi[g to tlre alleged pollution to stop the ornissiorì ol ail pollutants causìrg or coÍìtributing to such pollulioll or to take such other actiolì as

rnay be l'lecessary. lf it is not practicable to assule plomPt prolcction of public health ot'wellare ol the olìviroDnetìt by coDìmencament of such a civil action, tho Administratol may issue

such oldels as Inay be necessary to protect public heallh or welfare or flìe elvironmeltt. Prior to

taking any aÇtio¡ì ulìder this section, the Administ|ator shall cousult wilh appropliato State and local

authorities and allempt to co¡ìfirm the accuracy of tlìe iufoÌrnation on which the action proposed tobe taken is based. Any ordel issued by the Adurinistrator u¡det fhis section slìall be effective upon

issualce andshall l'emairr il effect fora peliod ofnol ino¡e tlìalì 60 days, uuless tlìe Adntinistratol'

blings an action pursuart to the first sentenco of this section befole the expiration of that peliod.Whenever the Admirìistrator brings suclì ar'ì actioD within the 60-day peliod, such oldet shall temait ineffect fol ar additional l4 days ol for such longel peliod as may be authorized by the court in whichsuch action is blought.

12
(r)

(r)

NAAQS which it implements or to otherwise comply with any additional

lequirernerfs established under the CAA.S11O(aX2XI) Rcquirement: In the case of a plan or plan revision foran area designated as a non-attaiûment area, meet the applicablerequirements ofpalt D (relating to rìon-attâinmeût areas).l)clawarcts Plan: This does not apply because no part of Delawale isdesignated nonattainment for fhe 2010 NO2 NAAQS.

St 10(aX2XJ) Requirement: Meet the applicable rcquirements of section 121

(r'elating to oonsultation), section 127 Qelating to public notification), and part C(relating to prevention of significant deterioration of ail quality and visibilityprotection). II)elawarc's Plan: Delaware will rneet the applicable requirements of secfion I 21(relating to oonsultation), section 127 (relaling to public notihcation), and patt C(relating to prevention of significant deterio¡ation of air quality and visibilityprotection); but may makes changes that it believes in its discretion ateappropriate, while continuing to fulfill this obligation. Af present, Delaware does

so utilizing the following:¡ 7 DIr Admin. Code I 132, '.1-r'ansportation Conformity, provides a legal

platform for the valious consultation procedures that have been developedbetween DNREC, DELDOT, and the Mettopolitan Planning Organizations

(MPOs). 'Ihe MPOs provide a forum l'or consultation with local govcrnments.Delaware's MPOs ale: WILMAPCO, Kenl County MPO, and the Salisbury8 5tZt. - In carrying oul rcquilenÌents lor DlaDs to conlain - (l) any t|aDsportaliou co'ìtrols, ¿ìir qüâlity mailìtenânce

plan rcquileuìcnts ol lnccoustlucfion leview of diiecf sourccs of pollution. or (2) any Drcasurc rcleltcd 1o - (Â) irrÞart D), or (B) iD part C, and in carryirg out lhe roquircmcDls of $ I l3(d), tlìe State shâll plovidc a satisfacforyÞrocess of oonsultatjoD w¡th gcrìoml pueoso looal govgl'llnents. designatcd organizatiorls of olccted oflìcials ol

local govc Ìl¡cnts alìd any Iìl,M havirÌg aullÌority ovel lìedcral land to which tlìc Statc plan applies. Íiuch procossshall be iu accorclaùce willì legulatiolÌs pro¡ìulgated by lll',4. Olìly a gcnorâl purposc urit of loc¿l ßovernùìenl,

regional agcncy, ol council of govcrnrnonts advcrscly affcctcd by actiorì oflìPA applovilg aly poltion ol a plan

lnay pet¡tiorì for.iüdicial rev¡ew.$ 127. (â) - llâch pl¿nì slìall colltâin Ineâsures to Ìegularly ùotily the public ofwhcn any NAAQS is cxccedcd or

was oxcecdcd dulilìg tlìe preccdi¡19 year. to advisc thc puLrlic ofhcaltlì hazards associatod witlr sùch pollutìolì, alìd

to cnhânco awarcncss ofmeasures which can lle takc to prcvoDl tho standards frollì beiug exceeded and ways in

rvhioh thc ¡rublic oan ¡)ar(ioipato irì rcgulalory aDd othcr offorts fo ¡lììProve âiÌ qufìl¡ty.

t3
The subnitted attaimnent plans and regulations in the apploved f)elawate SIP

specify the organizalions responsible for irnplementing and enfolcing the

plans.DNRBC makes real-time and historical air quality information available on its

Web site.PSD r-equitements necessary to implement the 2010 NO2 NAAQS are SLPapproved and implemented thlough the requirements of 7 DB Admin. Code

I 125, Preconstruction Rcvicw.

With legard to visibility protection, there are no new applicable visibility

protection obligations under section 110(aX2XJ) as a result of the 2010 NOzNAAQS. L)elaware is complying with, and will continue to comply with the

visibility plotection and regional haze ptogram tequirements uuder Part C ofthe CAA.

(K) $110(aX2XK) Requirement: Provide for - (i) the performance of such air' quality modeling as the Adrninistrator may prcscribe for the purpose

of predicting the effect on ambieú ail quality of any enrissions of any air

pollutant for which the Adrninistrator has established a natioual ambient ait'

quality standard, and (ii) the subrnission, upotÌ lequest, of data lelated to such air'quality rnodeling to the Administrator.Delaware's Plan: I)elaware has the authority and technical capability to coûductair quality nrodeling in older to assess the effect ot't ambient ail quality ofrelevantpollutant emissions, and will continue to perfotrn modeling as necessary, but maymake changes that it believes in its discretion ale approptiate, while continuing to

fulhll this obligation. I)elaware will continue to submit to the EPA the Air'Quality rnodeling data as patt of Delaware's relevaff SIP subrnissions, permitactions, and through federal grant commitments or in othet ways that EPA may

requesl.

(L) S11O(aX2XL) Requirement: Require the owner or opcrator of each major'

stationary source to pay to tlle pernritting authority, as a condition of any perrnit

requiled under this Act, a fec sufficient to cover'- (i) the leasonable costs ofreviewing and acting upon any application for such a pennit, and (ii) if theo\.vner or operator receives a pennit for such source, the reasonable costs of

14
Act, a fee sufficient to cover (i) the reasonable costs of reviewing and acting

upon any application for such a pelmil, and (ii) if thc owner or operator receivesa perrnit for such soulce, the reasonable costs of irnplementing aud enforcing

the terms and conditions of any such perrnit (no1 iucluding any court costs ot'other costs associated with any enforcement action), until such fee lequiretnent

is superseded with respecl to such sources by the Adrninistrator's approval of

a fee program under title V pursuant to l)elaware law. I)elaware currenÍly fulfillsthis under the enabling authority of 7 Del. C. $S 6095 to 6099 and fee legislationthat currently is renewed every three yeats. I)elaware lras a fully approved 'IitleV operating pcrmits program. See paragraphs (b) and (c) under "Delaware" inAppendix A to 40 CFR Part 70-Approval Status of State and Local OperatingPermits Programs. Delaware may make changes that it belicves in its discretionare appropriate, while continuing to fulhll this obligalion.

(M) 511O(aX2XM) Requirement: Plovide for consultation and partioipation by local

political subdivisions affected by the plan.l)elawarc's Plan: Delaware will continue to plovide for consultation andparticipation by local political subdivisions affeoted by the SIP pursuant to thepublic notice laws found in 7 Del. C. $ 6006 and 6010 and 29 Del. C. Chapters

10003, 10004 and l0l15, as applicable. Furthermore, all SIP revisions undergo

publio notice and healing which have allowed for con.ìment by the public which

includes local political subdivisions. The public notice and hearing processes

fulfill the requiremerfs for consultation with local political subdivisions affèctedby the SIP.

3.0 ConclusionBased on the disoussion provided above, l)elaware fully complies with the t'equirementsof $ 1 10(a)(2)(A) thlough $ t 10(a)(2)(M) relative to the 2010 NOz NAAQS.

15

Secrctary's Order No.: 2013-A-0007

RE: Approving Final Revision to l)elawarc's Statc Implcmcntation Plan (SIP) for

thc Implemcntation, Maintenance and Enforcement of thc 2010 Nitrogen Dioxidc

(NOz) National Ambient Air Quality Standard (NAAQS), Pursuant to the llequirements of Scction 110(aX2XA)-(M) of the Federal Clean Air Act (CAA)

I)ate of Issuance: March 7,2013

Dffective Date of thc Amendment: April 11,2013

Under the authority vested in the Secretary of the Department of Natural

Resources and Environmental Control ("Department" or "DNREC") the following

findings, reasons and conclusions are entered as an Order of the Secretary in the abovereferenced rulemaking proceeding.

Background and Procedural History

This Order considers the proposed revision to the Delaware State Implementation

Plan (SIP) that addresses the requirements of Section 110(a)(2)(A)-(M) of the federal

Clean Air Act (CAA) for the 2010 Nitrogen Dioxide (l'lOz) National Ambient Air

Quality Standard OIAAQS). Effective April 12, 2010, the U.S. Environmental ProtectionAgency (EPA) promulgated a new NAAQS for the pollutant NO2. Because there havebeen NAAQSs in existence for many years rhat cover the pollutant NOz, the CAA 110

Ðdaruan¿'a Øa¿Z/Árr/rte dzþel4dþ aø W4/
Delaware SIP in the l)ecember 1,2012 Delaware Register of Regulations, and held a

public hearing on January 3,2013. It should be noted that no public comment was

received by the f)epartment with regard to this proposed promulgation, and no membersof the public attended the hearing held by the Department in this matter.

As noted above, effective Ãpril 12,2010, the U.S. Environmental Protection

Agency ("EPA") prornulgated a new NAAQS for NOz. The level of the NAAQS was

established at 100 parts per million þpm), based on a 3-year average of the 98tl'

percentile of the yearly distribution of l-hour daily maximum concentrations. 'Ihe CAArequires each State to submit to the EPA a SIP that provides for the implementation,maintenance, and enforcement of a newly promulgated or revised NAAQS' The SIPrevision being proposed at this time is to fulfill this federal requirement relative to the2010 NOz NAAQS.

The SIP is a complex, fluid document containing reguiations, source-specific

requirements, and non-regulatory items such as plans and emission inventories.

Delaware,s initial SIP was approved by the Et A on May 31, 1972. Since that initialapproval, 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 by adding new and revised regulatory control requirements. Delaware's sIP is

compiled in the code of Federal Regulations a1 40 C.F'R. Part 52, Subpart 1.
Air Act (CAA) lor the 2010 Nitrogen Dioxide QllOz) National Ambient Air Quality

Standard (NIAAQS), as attaohed to the Reporl as Appendix A.

Findings and Discussion

I find that the proposed revision to Delaware's aforementioned SIP is wellsupported by the record developed by the Department, and I adopt the Report to the

extent it is consistent with this Order. .The Department's experts developed the recordand drafted the proposed SIP revision.

I find that the Department's experts in the Division of Air Quality fully developed

the record to support adoption of the proposed revision to the Delaware StateImplementation Plan (SIP) that addresses the requirements of Section I 10(a)(2)(A)-(M)

of the federal Clea¡ Air Act (CAA) for the 2010 Nitrogen Dioxide (lllOz) National

Ambient Air Quality Standard (IrIAAQS). 'With the adoption of this Order, Delaware willonce again demonstrate that the contingency requirements of the Clean Air Act (CAA)

are met.

In conclusion, the following findings and conclusions are entered:

l.) The Department has jurisdiction under its statutory authority to issue an

Order adopting this proposed SIP revision as final;
consider public comment before making any final decision;

4.) The f)epartment's Hearing Officer's Report, including its recommended

record and the recornmended SIP revision, as set forth in Appendix A, is adopted toprovide additional reasons and findings for this Order;

5.) The recommended revision to Delaware's State Implementation Plan (SIP)

which addresses the requirements of Section 110(aX2)(A)-(M) of the federal Clea¡ AirAct (CAA) for the 2010 Nitrogen Dioxide (Noz) National Ambient Air Quality standard

(NAAQS) should be adopted as final, thereby enabling l)elaware to (1) demonstrate that

the contingency requirements of the Clean Air Act (CAA) are met; and (2) because therevision is well supported by documents in the record;

6.)TheDepartmentshallsubmitthisorderapprovingthefinal¡evisionto

f)elaware's state Implementation Plan (SIP) that addresses the requirements of Section

110(a)(2XA)-(M) of the federal clean Air Act (CAA) for the 2010 Nitrogen Dioxide

Q\lOz) National Ambient Air Quality Standard 0{AAQS) lo the Delaware Register of

Regulations for publication in its next available issue, and provide such other notice as

the law and regulation require and the Department determines is appropriate'

""no'- 

t í@-c

Collin P' O'Mara

Secretaty

^hear\ 

SIP Iìevisions.NO2 NAAQS.20 l3.ORD
Fax No.: (302) 739 - 3106

CERTIFICATION

March 22,2013

A public hearing was held January 3,2013 on a revision to the State of Delaware StateImplementation Plan (SIP) to address the implementation, maintenance, and enforcement of the2010 Nitrogen Dioxide (NOz) National Ambient Air Quality Standard (NAAQS). Effective

April12,2010, the Environmental Protection Agency (EPA) promulgated a new NAAQS for the

pollutant NOz. The level of the NAAQS was established at 100 parts per million (ppm), based

on a 3-year average of the 98tl'percentile of the yearly distribution of l-hour daily maximumconcentrations. Pursuant to sections I lO(a)(l) and I l0(a)(2) of the Clean Air Act (CAA), each

State is required to submit to EPA a SIP to provide for the implementation, maintenance, and

enforcement of a newly promulgated or revised NAAQS. The revised SIP demonstratesDelaware has fulfilled this requirement relative to the 2010 NO2 NAAQS. The effective date ofthis amendment is April I1,2013.

I further certify that the hearing was held in accordance with the notice required by Subsection

51.102 of 40 CFR 51.

Ali Mirzakhalili, P.E.

DirectorDivision of Air Quality

9 "l"rP-^*L g-.¿, rtfrt r* ¿rfr,rr¿Á, a* gtou' !
DATE:

y

Department of Natural l{esources and Envirorunental ControlProposed Amendments to the Delaware State Implementation Plan (SIP)for the Implementation, Maintenance and Enforcement of the 2010

Nitrogen Dioxide (lllOz) National Ambient Air Quality Standard

Q',IAAQS), Pursuant to the Requirements of Section 1 10(a)(2)(A)-(M) of

the federal Clean Air Act (CAA)February 11,2013

I. Backsround:

A public hearing was held on Thursday, January 3, 2013, at 6:00 p.m. at the

Department of Natural Resources and Environmental Control ('DNREC",

"Department"), 89 Kings Highway, Dover, Delaware to receive conrment on proposed

revisions to the Delaware State Implementation Plan (SIP) that addresses thc

requirements of Section 1 10(a)(2)(A)-(M) of the federal Clean Air Act (CA.t{) for the2010 Nitrogen Dioxide (NOz) National Ambient Air Quality Standard (NAAQS).

Effective April 12,2010, the U.S. Ilnvironmental Protection Agency (EPA) promulgated

a new NAAQS for the pollutant NOz. Because there have been NAAQSs in existence formany years that cover the pollutant NOz, the CAA 110 requirements are already

substantially addressed in Delaware's SIP. The SIP revision being proposed by the

Department at this time demonstrates how Delaware's SIP meets each requirement of

Section 110(a)(2XA)-(M) of the (CAA) for the 2010 NOz NAAQS.
requires each state to submit to t

e 

p

p

maintenance, and enforcement of a newly promulgated or revised NAAQS. The SIPrevision being proposed at this time is to fulfill this federal requirement relative to the20l0NOzNAAQS.

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 that initial

appfoval, the Delaware SIP has been revised n¡merous times to addresl a.ir quality nonattainment and maintenance issues. This was done by updating plans and inventories,and by adding new and revised regulatory control requirements. Delaware's SIP iscompiled in the code of Federal Regulations at 40 C'F'R. Part 52, Subpaf: i'

The Department published its initial proposed revision to the aforementioned

Delaware sIP in the I)ecembe¡ I,2012 Detaware Regisler of Regulatì.ons, and held apublic hearing on January 3,2013. It should be noted that no public comment wasreceived by the Department with regard to this proposed promulgation, a¡d no members

of the public attended the hearing held by the Department in this matter. Proper notice of

the hearing was provided as required by law.
eight (8) exhibits pertaining to these proposed amendments, 

{

g 

entered them into the formal hearing record developed in this matler. Included within

those I)epartmental exhibits were copies of the legal notices regarding the holding of theaforementioned public hearing, a copy of the Register Notice as it appeared inDelaware's Register o/ Regulations on December 1', 2012, a copy of the EPA's Final

Rule establishing a new NOz NAAQS at i0Oppb, and copies of the actual proposedamendments to the affected sections of Delaware's State Implementation Plan (SIP) for

the requirements of Section 11O(aX2Xe)-(M) of the federal Clean Air Act (CAA) for the2010 Nitrogen Dioxide (NOz) National Ambient Air Quality Standard (NAAQS)' Again'

no comments were received by the Department f¡om the public conceming this matter,nor were there any members ofthe public in attendance at the hearing held on January 3,

2013.

For the Secretary's review, a¡d in order for the Secretary to gain a thorough

understanding of this proposed promulgation, copies of the above-referenced proposed

revisions to Delaware's state Implementation Plan (SIP) for the 2010 Nitrogen Dioxide

(l.loz) National Ambient Air Quality Standard (NAAQS) are attached hereto as Appendix

"4", and the same are expressly incorporated into this Hearing Offrcer's Report.
light of the Regulatory Flexibility Act, and believes the same to be lawful, 

eas

b

e 

desirable, and that the recommendations as proposed should be applicable to all Delawarecitizens equally.ilI. ConclusionsandRecommcndations:

Based on the record developed in this matter, I conclude that the Department has

provided appropriate reasoning regarding the need for this proposed revision to

Delaware,s state Implementation Pl¿ur. Accordingly, I recommend promulgation of these

proposed revised amendments in the customary manner provided by law'

Further, I recommend the following findings:

1. The Departrnent has jurisdiction under its statutory authority, 7 Del'C..

Chapter 60, to make a determination in this proceeding;

2. The Depaftment provided adequate public notice of the proceeding and the

public hearing in a manner required by the law and regulations;

3. The Department held a public hearing in a manner required by the law and

regulations;

4. The Department has reviewed the aforementioned proposed amendments in

the light ofthe Regulatory Flexibility Act, and believes the same to be lawful,

feasible and desirable, and that the recommendations as proposed should beapplicable to all Delaware citizens equally;
The Department has an adequate record for its decision, and no further publichearing is appropriate or necessary;The f)eparlment's proposed amendments to Delaware's aforementioned SIP,as published in the f)ecember 1,2012 Delaware Register of Regulations and

set forth within Appendix "4" hereto, are adequately supported' not arbitrary

or capricious, and are consistent with the applicable laws and regulations.Consequenlly, they should be approved as a final regulation, which shall gointo effect ten days after their publication in the next available issue of the

Delrrware Regíster of Regulations; andThe Department shall submit the proposed regulation amendments as f,rnal tothe f)elaware Register of Regulalions for publication in its next available

issue, and shall provide written notice to the persons affected by the Order.

6.'7-

8.

PübÌic Hearing Officer

/ahcar/ SIP R€visio¡s.N02 NAAQS.20l3

APPENDIX "AO'

State lmplementation plan (Slp) Revision to address the Clean Air Act Sect¡on 110 lnfrastructure Elements for

the 2010 N¡kogen D¡oxide (NO2) NatÌonal Amb¡ent Air Quality Standard (NAAOS)2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:

The Department of Natural Resources and Environmental Control (DNREC), Div¡sion of Air Quality (DAQ) is

proposing to revise the SIP to address the implementation, maintenance, and enforcement of the 2010 NO2NAAQS.

Effective April 12, 2O1O, the Ënv¡ronmental Protection Agency (EPA) promulgated a new NAAQS for the

pollutant No2. The level ofthe NAAQS was established at 100 parts per million (ppm), based on a 3-year average

of the ggth percentile of the yearly distr¡bution of 1-hour daily maximum concentrations. Pursuant to sections

110(a)(1)and 110(a)(2) of the clean Air Act (cAA), each state is required to subm¡t to EPA aSlP to prov¡de for the

implementation, maintenance, and enforcement of a newly promulgated or revised NAAQ!, lhe Department is

propos¡ng to rev¡se the Slp to include a document that demonstrates Delaware has fulfÌlled th¡s requ¡rementrelative to the 2010 NO2 NAAQS.

3. POSSIBLE TERMS OF THE AGENCY ACTION:

None

4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:

7 Delaware Code, Chapter 60

5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:

None

6. NOTICE OF PUBLIC COMMENT:

statements and testimony may be presented either orally or in writing at a publ¡c hearing to be held on

Thursday, January 3, 2013 béginning at 6:00 PM in the DNREC'S Richardson & Robb¡ns Building Aud¡torium' 89

Kings Hwy, Dover, DE 19901. lnterested parties may submit comments in writing to: Ron Amirikian' DNRECDiv¡sion of Air Quaf ity, 655 S. Bay RD, Suite 5N, Dover, DE 19901 .

7. PREPARED BY:

Ronald A. Am¡r¡kian (302) 739-9402 ronald.am¡r¡kian@state.de.us November14.2012

State lmplementation Plan Revis¡on to address the Clean Air Act Sect¡on 110 lnfrastructure Elements For

the 2010 Nitrogen D¡ox¡de NAAQS

November 14, 2012 ProPosal

1.0 Background

Effect¡ve Apf¡l 12, 2010, the Env¡ronmental Protect¡on Agency (EPA) establ¡shed a new 1-hour primary

National Amb¡ent A¡r eual¡ty Standard (NAAOS) for nitrogen dioxide (NO2) at a level of 100 parts per bìllion (ppb)'

based on a 3-yeæ average of the 98th percentile of the yearly distribution of 1-hour daily maximum

concentrations.l pursuant to sections 110(a)(1) and 110(a)(2) of the Clean Air Act (CAA), èach stat€ is requ¡red to

DELAWARE REGISTER OF REGULATIONS, VOL. 16, ISSUE 6, SATURDAÍ DECEMBER I , 2012
compiled ¡

t

e Code 

g

p

Sect¡on 2.0 of this document is a rev¡sion 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

CAA, spec¡fically, CAA g11O(a)(2), relative to the 2010 NO2 NAAQS. Under the heading "Delaware's P/an" in

Section 2.0 of this documenl Delaware provides a ¡evision to its SIP to address those requirements of Sectionf10(aX2XA)-(M) of the CAA wh¡ch have not been addressed in other SIP revisions. lt ¡s a compilation of certain

elements that descr¡be how the 2OlO NO2 NAAQS ¡s be¡ng implemented, mainta¡ned and enforced. The elementsof this SIP revision, once approved þy EPA, w¡ll provide a federally enforceable written confirmation that Delaware

will continue to comply with the Section 110(aX1) and (2) requirements of the CAA.

Leg¡stative autholity for the Delaware air quality program relating to the responsib¡lities in the CAA is codified in

Title 7 'Conseruation" of the Delaware egçþ, Chapter 60 - Delaware's comprehens¡ve water and air resources

conservat¡on law2, which gives the Delaware Department of Natural Resources and Environmental Control(DNREC) the power and duty to implement the prov¡sions of the CAA in the State of Delaware.

Many of the miscellaneous requirements of Section 11O(aX2XA)-(M) of the CAA relevant to the 2010 NO2

NAAQS are already conta¡ned ¡n Delaware's SlP. The following Table identifies those SIP provisions. The following

Table also ¡dent¡f¡es those ¡nfrastructure requ¡remenls which are not applicable to Delaware.

Table - 110(a)(2)(A)-(M) Requirements Already Addressed in the Delaware SIP

Sect¡on

110(a)

element

lnclode enforceable emission limitat¡onsând other conlrol measures, means, or

techn¡ques (including economic

incent¡ves such as fees, maftetable

St10(aX2XA) perm¡ts, and auctions of emiss¡ohs r¡ghts), as well âs schedules and

t¡metables for complìance as may benecessâry or appropr¡ate to meet lheâpplicable requirements of this Act.

Provisions íh the curent oelaware slP or recent slP 11"j:::9il':9

revis¡ons submittals or approved þy

For lhe 2010 N02 NMQS, the follow¡ng emiss¡on limitationsand schedules are corìtained ¡n Delaware's approved SIP

. 7 DE Admin. Code 1101ô, Definitions And

Admin¡strâlive Principles

. 7 DE Adm¡n Code 1112, Control of Nilrogen

Ox¡des Emiss¡ons

. 7 DE Admin Code 1142, Section 1.0, Control of

NOx Emissions from lnduslr¡al Bo¡lers

. 7 DE Admin codg 1142. Section 2 0, Control of

NOx Emissions from tndustrial Boilers and Process 40 CFR 52.420(c)

Heaters at Petroleum Refinerìes

. 7 DE Adm¡n Code 1144, Control of Stationary

Generator Em¡ssions

. 7 DE Admln Code 1146, Electric Generating tjnit

[¡ulti-pollutant Regulatìon

. 7 DE Admin code 1148, Control of Stationary

Combustion Turbrne Electric Generating Unit

Emissions

' 7 DE Admin. Code 1127, Stack Heights

Summary of ofement

75 FR 6474

Referred to ìn this document as "7 Del.C'" followed by the specif¡c sect¡on citation (e.9., $6005)

ÞELAWARE REGISTER OF REGULATIONS, VOL. 16, ISSUE 6, SATURÞAY ÐECEMBER 1' 2012
lnclude a program to provide for the

enforcement of the measures desc¡ibed¡n subparagraph (A) and regulat¡on oflhemod¡ficalíon and construction of âny

s r r '(ax2xc) ill,'!",lãoor',ïii," "*'*" "*"""fi"i; âssure that national ambient ãir quality

standards are ach¡eved, includ¡ng apermit program as required in parts C andDi

coostruct¡on and mod¡fìcat¡on of both maior and m¡norstationary sources do not cause or contr¡bute to a violation ofthe NO2 NAAOS.7 DE Adú¡n. Code 1125 fulfìlls parts C and D ofTtle I oflheCM, goveÍning preconstruction review and permitting ofany

new or modif¡ed maior stationary soúrces of ai pollutants

1125 is approved ¡n the DE SIP Under 1125 any major

source or mod¡flc€t¡on that resulls in a net signifcantincrease of NOx (25 TPY in Kenl and New Castle County; 40TPY in Sussex Coúnty) must apply Lowest Achievâble

Emission Rate (LAER) technology to Íeduce NOx emissions,and must secute em¡ss¡on offsets such that there is a net air

qua¡¡ty beneft. ln addifion, any 100/250 TPY source of NOxem¡ssions is also subject to lhe attaìnment review provisions

of Sectioñ 3.0 of 1125, PSD.7 DE Admin. Codq 1102 provides for the evaluatlon andnecessary regulation ofany stationary source that emit equal

to or greater than 0.2 lb of any air contâminate ¡ncluding

NOz, in any one day.ln addition, the measures descr¡bed ih CAA 110(a)(2XA) are

enforced, rn part, through perm¡ts ¡ssued pursuânt to f102

and'1125.The requ¡rements of S110(aX2XEXi¡0 are not applicable toDelaware because Delaware does not rely on localities forSIP ¡mplementallon.

40 CFR 52.42o(c)

Sf lO(ãX2XFX): Spec¡fic monitoring requirements are found¡n 7 DE Admln. Codo 'l103 and 1117 These requiremenls

are included in Delaware's SIPS110(a){2)(l- Xii): Specilìc reporling requ¡rements .," fornd ,n ""o "r rrn,", in 7 DE Admln. Code 1103 and 1117. These requirementsare included in Delâware's SIP

-fhese regulatìons ¡n Delaware's approved SIP that are listed

¡n 40 CFR 52.420(c) also apply to the 20f0 NOz NAAQS

Srr 0(aX2XEXi

ti)

S1l0(aX2XF)

(ii¡) necessary assurances that, where the

state has relied on a local or regionalgovernment, agency, or ¡nstrumental¡ty

for the implementation of any Plan

p¡ovision. lhe state has responsibil¡ty lo'ensur¡ng adequate implementation ofsuch plan prov¡s¡on;

Require, as may be prescribed by the

Adm¡n¡strator-

(i) the ¡nstallation, maintenance, and

replacement of equipment, and theimplementation ot olher necessary steps

by owners or operators of stationary

sources [o moñitor emissions from such

soufces,

(¡i) periodíc repons on the nature ând

amounls of emiss¡ons and em¡ssionsrelated dâta from such sources, and

(¡¡i) correlat¡on of such reports by the

state agency with any emiss¡onlimilalìons or standards establishedpuÍsuant lo th¡s Act, which reports shallbe ava¡lable at reasonable t¡mes forpubl¡c ¡nspection;

DELAWARE REGISTER oF REGULATIoNS, VoL' 16, lssuE 6, SATURDAY DECEMBER 1' 2012
[

protectìon);

a. Delaware's âir qualíty regulat¡ons a¡e codifìed ¡n Delaware's adm¡nistratlve code, - litle 7 Natural Resources and Environmental Control,

llOO A¡r QLtality ¡,¡ânagement Sect¡on. Citâtions are expressed in this documentas "7 DE Admin. Code" followed by the specifc subpartof 1100

AII port¡ons ofthe DE Adm¡n. Code referred to ¡n th¡s document are already ¡nclúded iì Delaware's SIP

2.O SIP Revision

This SIP revision addresses those requírements of Section 11O(aX2XA)-(M) of the Clean Air Act (CAA) for the

2010 NOz NAAOS, which have not been addressed in other SIP revisions. Each ofthe requ¡rements of$110(a)(2)ofthe CAA (Subparagraphs A-M) is presented below, along with a d¡scussion of Delaware's plan rev¡sion to meet

the requirement.

(A) Sf lO(aX2XA) Requirement: Include enforceable emission limitat¡ons and other control measures,

means, or techniques (includìng economic ¡ncent¡ves such as fees, marketable perm¡ts, and auct¡onsof emissions rights), as well as schedules and timetables for compl¡ance, as may be necessary orappropriate to meet the applicable requ¡rements of thìs Act'Delaware's Plan: Delaware has establ¡shed laws and regulations that include enforceable emissionsl¡m¡tations and other control measures, means or techn¡ques, as well as schedules and timetables for

conipliance to meet the applicable requirements of the CAA, to include the requirements associated

with the 2010 N02 NAAQS. Delaware may make changes to its laws and regulations that it believes in

its discretion are appropr¡ate, while cont¡nu¡ng to fulfill th¡s obligation.

At present, Delaware's statutory authority is set out in Title T "Conservat¡on' of the Delaware Code,

Chapter 60 - Delaware's comprehensìve water and air resources conservation law. Legislat¡ve

author¡ty giv¡ng the Secretary of the Delaware Department of Natural Resources and Environmental

Control the author¡ty to promulgate Regulat¡ons is codified at 7 Del.C., Chapter 60. Th¡s author¡ty is

applicable to the 2010 NO2 NAAQS.

(B) S11O(aX2XB) Requ¡rement: Provide for establishment and operation of appropriate devices,

methods, systems, and procedures necessary to (i) mon¡toc compile, and analyze data on ambientairquality, and (ii) upon request, make such data available to the Administrator'

Delaware's Plan: Delaware has estab¡¡shed and currently operates appropriate dev¡ces, methods,

systems and procedures necessary to monitor, comp¡le and analyze dala on ambient air quality, andupon request, makes such data available to the Adm¡n¡strator. Delaware will continue to operatedevices, methods, systems and procedures and may makes changes that ¡t believes in its discretionare appropriate, while cont¡nuing to fulf¡ll this obligation. At present, Delaware does this as follows for

the 2010 NO2 NAAQS:

. Delaware maintàins and operates a multi-station network of amb¡ent mon¡tors throughout the

State to measure amb¡ent a¡r quality levels w¡th¡n Delaware for comparison to each NAAQS as

required by 40 CFR Part 58. Delaware currently measures and reports NO2 concentral¡ons fromour monitor¡ng site located in W¡lm¡ngton near MartÌn Luther King Boulevard

. All data is measured using U.S. EPA approved methods as e¡ther Reference or Equ¡valent

mon¡tors; all mon¡tors are subjected to the qual¡ty assurance requ¡rements of 40 CFR Part 58;

Appendix A; and all samplers are located at sites that have met the min¡mum s¡ting requirements

of Part 58, Appendix E. The data is submitted to the EPAs Air Qual¡ty System (AQS) system, ina timely manner ìn accordance to the scheduled prescribed by the U.S- EPA in 40 CFR Part 58.

DELAWARE REGISTER OF REGULAT¡OÈ'¡S. VOL. 16, ISSUE 6, SATURDAY DECEMBER 1 , 2012
manner, pursuant io the schedule prescr¡bed by the EPA in 40 C

a

t 58

. Delaware hãs and will continue to submit data to EPA's Air Quality system ("AQS") in a timely

manner ¡n accordance to the scheduled prescribed by the U'S EPA in 40 CFR Part 58'

Sff0(aX2XC) Requ¡rement: lnclude a program to prov¡de for the enforcement of the measures ã"sciioË¿"¡n'suupãragraph (A), and regulation ofthe mod¡fìcation and construction of any stationarysource within the areãs covered by the plan as necessary to assure that national ambient air qualitystandards are achieved, including a permit program as required ¡n paris C and D'

Delaware's Plan: Delaware has established and currently operates a program to provide for the

enfofcement of the enforceable emission l¡m¡tat¡ons and other control measures, means, or

techniques, as well as schedules and timetables for compl¡ance, as may be necessary or appropr¡ateto meei the applicable requirements of the cAA and io regulate the modifìcation and construction of

any stationary source wiihin areas covered by its SIP as necessary to assure the NAAQS areach¡eved, inciuding permit programs requ¡fed ¡n parts c and D. At present, Delaware, through ¡ts

Division of Air euaity, exercises its programmat¡c author¡ty to ut¡lize the enforcement powers set out ¡n

7 Del,C. 56005 ent¡íled "Enforcement; civil and administrative penalties; expenses'; 7 Del.C. 56013entifled ,,ðriminal penalt¡es", and Z Del.C. 56018 entitled "Cease and desist order' Delaware w¡llcontinue to operaìe thís program and may makes changes that ¡t bel¡eves ¡n its discret¡on areappropriate, while continuing to fulfill this oblìgationSrro(aX2XD}Requirement:containadequateprovisions_()prohibiting,cons¡Stentw¡ththeiroviàiáns ot tnis title, any "ource or other type of emissions activ¡ty within the State from em¡tt¡ng any åir pollutant in amounts which will - (l) conìribute signifÌcantly to non-attainment ¡n, or intedere withmaintenance by, any other State with respect to any such nat¡onal pr¡mary or secondary ambìentair quality staiáarO, or (ll) interfere w¡th measures required to be included in the applicable

implåmeniation plan for any other State under part C to prevent significant deterioration of air q,uality

or to protect vis¡bil¡ty, (ii) insur¡ng compl¡ance with the applicable requirements of sections 126 3 and

'115 a (relating to interstate and ¡nternational pollut¡on abatement)

3.$126(a)-Eachplanshall(1)requ¡reeachmajorproposednewormodifiedsource(A)subjecttoPartCor(D)

whicî may significantly contribute tó pollution ¡n êxcess of the NMQS in any AQCR outs¡de the State in which

such source intends to locate or modify, to prov¡de Written notice to all nearby States the pollution levels of whichmay be affected by such source 60 days priôr to the date on wh¡ch commencement of construction ¡s to be perm¡tted by the State, ánd (2) ¡dentify all måjoi existing stationary sources wh¡ch may have the impact described in (1)

with iespect to new oi Áodified'sources and provìde notice to all nearby states of the identity of such sources (b)

Any Staie may pet¡t¡on EpA for a f¡nding that any major source or group of stationary sources emits orwould emit

any pollutant in violation of the prohibitión of Sl iO(a)(2XDX¡¡) or th¡s section (c) Notw¡thstanding any permit whichmáy have been granted by the btate, it shall b-e a violatìon of this section and the plan - (1) for any maior proposednew or modified iource with respect to which a fìnding has been made under subsection (b) to be constructed or to

operate in violation ofthis section and the prohìbition of $110(a)(2)(D)(ii) or this section, or (2) for any maior ex¡st¡ng

sàurce to operate more than 3 months aftèr such finding has been made. EPA may permit the continued operation

of a source beyond the expifation of the 3-month pef¡od if the source compl¡es w¡th the emission l¡mitat¡ons andcompliance scÎedules as may be provided by EpA to bring about compliance w¡th.the requ¡rements ofSlid(aX2XDXii), Nothing shall 

-be 

construed to pieclude any such source from being eligible for an enforcement

õtoriuno!t Sìts(d) afier the exp¡ration of such period during which EPA has perm¡tted continuous operation'

(c)(D)

DELAWARE REGISTER oF REGULATIoNS, voL. 16, ISsUE 6, SATURDAY, DEGEMBER 1 ' 2012
and ¡mplement, after publ¡c hear¡ng, a statewide air resources management plan to achieve thepurpose of this chapter and comply w¡th appl¡cable federal laws and regulations.Since

110(aX2XD) is in the CAA, and thus a law, Delaware has the legal author¡ty to regulate sources

of ¡nterstate transport to areas ¡n nonatta¡nment, or in those areas ma¡nta¡n¡ng the NAAQS, ifthey were previously nonattainment.

. 11O(aX2XDX¡)(l): The pollutant NO2 ¡s a subset of the broader pollutant NOx. Delaware has

submltted to the EPA pr¡or SIP rev¡s¡ons that demonstrate all NOx em¡tting sources ¡n Delawareare well controlled. ln add¡tion, on January 20, 2012, based on 2008-2010 a¡r qual¡ty monitoring

data, the U.S. Environmental Protection Agency determined that no area ¡n the country isviolating the 2010 NO2 NAAQS- Given that EPA has determined no area of the country ìs

violat¡ng the 2010 NOz NMQS, Delaware emissions cannot s¡gnif¡cantly contribute to

nonatta¡nment in any area.

All major stationary sources of NO, are subject to both P¡'event¡on of Signif¡cant Deter¡oration (PSD)

and the Emission Offset P¡ovisions (EOP) provisions of 7 DE Admin. Code 1125, Preconstruct¡on

Review (i.e., both the atta¡nment and the nonatta¡nment area perm¡tting provisions). The requirements

of 1125 ensure that no new or mod¡fied NO2 emitting source w¡ll cãuse or contribute to non-atta¡nmentin any area.

. 110(aX2XD)(i)(ll): The requirements of CAA 11O(aX2XDXi)(ll) are met by new major sources

and major modif¡cat¡ons in Delaware being subject to the EOP and PSD requirements which arecontained in Sect¡ons 2.0 and 3.0 of7 DE Admin. Code 1125, Preconstruction Review

. 11O(aX2XDXii): Nothing in Delaware's statutory or regulatory authority prohibits or otherwise

interferes w¡th Delaware's ability to exercise sections 126 and 115 of the CM.

511o(aX2XE) Requ¡rement: Provide (i) necessary assurances that the state (o¡ except where the

Admin¡strator 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, fund¡ng, and author¡ty under state (and, as appropr¡ate, local) law to carryout such implementation plan (and is not proh¡b¡ted by any provision of federal or state law from

carrying out such ¡mplementation plan or portion thereof), (ii) requ¡rements that the State comply with

lhe requ¡rements respecting State boards under section 128,5 and (ii¡) necessary assurances that,where the state has relied on a local or regional government, agency, or ¡nstrumentafity for the

a. 5115(a) - Whenever EPA, upon rece¡pt of reports, surveys or studies from any duly const¡tuted ¡nternational

agency has reasoñ to bel¡eve that any pollutants em¡tted ¡n the US cause or contr¡bute to pollution which may reasonably be anticipated to endanger publ¡c health or welfare ¡n a foreign country or whenever the Secretary of Staterequests ¡t to do so, EPA shall g¡ve formal notification to the Governor of the State ¡n wh¡ch such em¡ssions or¡g¡-nate. (b)The EPA notice shall be deemed to be a finding under 5110(ax2)(H)(ii) which requires a plan revision w¡threspect to so much of the applicable plan as is ¡nadequate to prevent or elim¡nate the endangerment. Any foreign

country so affected by such emiss¡on of pollutants shall be ¡nv¡ted to appear at any publ¡c hearing associated with

any revision of the appropr¡ate portion of the applicable plan. (c) This sect¡on shall apply only to a fore¡gn country

which EPA determines has given the US the same r¡ghts with respect to the prevention or control of air pollution

occurr¡ng ¡n that country (d) Recommendations issued follow¡ng any abatement conference conducted prior toCAA 1977 shall remain in effect w¡th respect to any pollutant for whìch no NAAQS has been established under $

109 unless EPA, after consultation with all agencies, which were party to the conference, tesc¡nds any such recommendat¡on.

(E)

DELAWARE REGISTER OF REGULATIONS, VOL. f ô, ISSUE 6, SATURDAY DECEMEER I , 20f 2
(F)

Delaware General Fund and through the T¡tle v fee program, and will continue to have, funding to

carry out ¡ts Slp obligations. Further, DNREC believes ¡ts fund¡ng sources are sufficient to prov¡deadequate personnel for those pürposes; however, Delaware may makes changes that it believes ¡n ¡tsd¡scret¡on are appropriate, while cont¡nuing to fulfill th¡s obligation'

At present Delaware fuffìlls this obl¡gat¡on by v¡rtue of having adequate personnel and funding throughthe cAA s105 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 c¡vil or admin¡strat¡ve penalties or fines under 7 Del.c. chapter 60. TheDivision of Air Quality is responsible for developìng, implementing, and enforcing the SIP Delaware

does not antic¡pate the need for additional resources beyond those to be appropriated in the abovemanner to carry out its SIP requ¡rements.

Delaware complies with the requirements of sl10(ax2)(EX¡¡) through compliance with the applicable

requirements of 29 Del,c., ch. 58, "Laws Regulating the conduct of officers and Employees of theState." A publ¡c hearing on SIP revision detailing how the requ¡rements of 29 Del'C., Ch. 58 satisfy thisrequ¡rement, and that proposed to submit such requ¡rements to the EPA for inclus¡on ¡nto the DelawareslP, was held on october 23,2012. Final action w¡ll be taken by Delaware on that slP revision byDecember 20'12.

s11g(ax2xF) Requirement: Require, as may be prescribed by the Administrator - (i) the ¡nstallation,maintenance, and replacement of equipment, and the implementation of other necessary steps, byowners or operators of stationary sources to monÌtor emissions from such sources, (ii) periodic reports

on the nature and amounts of emiss¡ons and emiss¡ons-related data from such sources, and (iii)correlation of such reports by the State agency with any emission l¡mitat¡ons or standards establÌshed

pursuant to this Act, which reports shall be available at reasonable times for public inspection.Delaware's Plan: Delaware requiíes that owners o[ operators of stat¡onary sources monitor and

submit period¡c reports on the nature and amounts of Nox (wh¡ch includes No2) emissions andem¡ssions related-data from the sources. This may ¡nclude the instãllation, maintenance andreplacement of equipment, where appropriate. This ¡nformation subm¡tted to DNREC is available to

the publ¡c at reasonable t¡mes for public ¡nspection pursuant to Delaware law. Delaware w¡ll continue

to require reporting of emissions but may makes changes that it believes ¡n Ìts d¡scretion are

appropriate, whÍle continuing to fulfill this obl¡gat¡on.

Except as specifcally exempted by the Delaware Freedom of Informat¡on Act, 29 Del.C. Chapter 100,Delaware makes all [ecords, reports or info[mation obtained by the Department or referred to at publ¡c

hearings ava¡lable to the public pursuant to the provisions of the Delaware Freedom of lnformat¡on Act,

29 Del.C. Chapter 100.

srro(ax2xc) Requ¡rement: Prov¡de for author¡ty comparable to that in sect¡on 303 and adequate

cont¡ngency plans to implement such authority; 

6

lG)

5. 5128 (a) each plan shall conta¡n requ¡rements that - (1) any board or body which approves perm¡ts orenforcement orders shall have at least a majoity of membefs who represent the public ¡nterest and do not derive

any signifÌcant portion of their income from persons subject to permits or enforcement orders, and (2) any potentialconflicis of ¡nterest by members of such board or body or the head of an executive agency with similar powers bed¡sclosed. A State may adopt any requ¡rements respecting conflicts of ¡nterest for such boards or bodies or headsof execut¡ve agenc¡es, or any other entities which are more str¡ngent than the requirements of (1) and (2).

DELAWARE REGISTER OF REGULATIONS, VOL. 16, ISSUE 6, SATURDAÍ DECEMBER 1 , 2012
contam¡nant, including NO2, that would cause ¡mm¡nent & substant¡al e

da

ge

e

t 

,

safety and welfare of the people of the State of Delaware or the environment would const¡tute asufücient basis for the Secretary to seek an injunction or temporary restraining order to halt the

v¡olat¡on.

SflO(aXzXH) Requirement: Provide fo¡ ¡evision of such plan - (i) from time to t¡me as may benecessary to take account of revisions of such national pr¡mary or secondary amb¡ent air qual¡ty

standard or the availability of improved or more expeditious methods of attaining such standard, and(¡¡) except as provided in paragraph (3XC), whenever the Admin¡strator fìnds on the basis ofinformat¡on available to the Admin¡strator that the plan is substantially ¡nadequate to attain thenational ambient a¡r qual¡ty standard wh¡ch it ¡mplements or to otherwise comply wìth any

add¡tional requirements established unde¡ this Act.Delaware's Plan: Delaware w¡ll rev¡ew and revise ¡ts SIP from time to t¡me as may be necessary to

take account of revísions of such primary or secondary NAAQS or the availabil¡ty of improved or more

expeditious methods of attaining such standard and whenever the Administrator finds on the basis of

information available to the Adm¡n¡strator that the plan is substantially ¡nadequate to attain the N¡VAQs

wh¡ch it implements or to otherwise comply with any additional requirements establ¡shed under the

cAA.

Sf1o(ax2xll Requirement: In thecase of a planor plan rev¡s¡on foran area designated as a

non-attainment area, meet the applicable requirements of part D (relating to non-atta¡nment areas).

Delaware's Plan: This does not apply because no part of Delaware is designated nonatta¡nment for

the 2010 NO2 NAAQSSllO(aX2XJ) Requ¡rement: Meet the applicable requirements of section 121 (relating to consultat¡on),

section 127 (relat¡ng to publ¡c not¡ficat¡on), and part C (relat¡ng to prevention of significantdeterioration 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 notificat¡on), and part C (relating to prevention ofsignificant deterioratìon of air quality and v¡sibil¡ty protection); þut may makes changes that it bel¡eves

6. Sec. 303- Notlv¡thstand¡ng any other prov¡sions of th¡s 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 welfáre, or the env¡ronment, may bring suit on behalf of the United

States ¡n the appropriate Un¡ted States D¡strict court to immed¡ately restrain any person caus¡ng or contr¡but¡ng to

the alleged pollution to stop the em¡ss¡on of air pollutants causing or contribut¡ng to such pollut¡on or to take suchother action as may be necessary. lf it¡s not practicable to assure prompt protection of public health orwelfare or the environment by commencement of such a c¡vil action, the Admin¡strator may issue such orders as

may be necessary to protect public health or welfare or the env¡ronment. Prior to taking any action under this

section, the AdmÌnìstrator shall consult w¡th appropr¡ate State and local authorities and attempt to confirm the accuracy of the informat¡on on which the action proposed to be taken is based. Any order issued by the Admin¡stratorunder th¡s section shall be effective upon issuance and shall rema¡n in effect for a per¡od of not more than 60 days,unless the Administrator brings an action pursuant to the first sentence of this section before the exp¡ration of that

period. Whenever the Admin¡strator br¡ngs such an action within the 60day peI¡od, such ordeÍ shalf remain ineffect for an additional 14 days or for such longer period as may be authorized by the court in which such action isbrought.

(H)

(t)

(J)

DELAVJARE REGISTER OF REGULATIOI{S, VOL. 16, ISSUË 6, SATURDAY DECEMBER 1, 2012
(K)

accordance w¡th EPA Rules. All slP 

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notice and hearing, pursuant to 7 Del,C. Chapters 29 and 60, which include publication ¡n thenewspapers and in the Delaware Register, and which have allowed for comment by the both thepubl¡c and local political subdiv¡sions. Delaware bel¡eves the publ¡c notice and hearingprocesses also fulfllls the sect¡on 121 consultation process. The submitted atta¡nment plans andregulations in the approved Delaware slP specify the organizat¡ons respons¡ble forimplementing and enforc¡ng the plans.

. DNREC makes reaFtime and historical air quaf¡ty informat¡on available on its web site.. PSD requirements necessary to implement the 2010 No2 NAAQS are SIP approved and

implemented through the requ¡rements of 7 DE Admin. Code 1125, Pleconstruction Review

. Wiih regard to vis¡bil¡ty protect¡on, there are no new applicable v¡sib¡lity protect¡on obligations

under séction ilO(aX2XJ) as a result ofthe 201O NO2 NAAQS. Delaware ¡s compfying with, and

w¡ll continue to comply w¡th the v¡s¡bility protectíon and regional haze progfam requirements

under Part C of the CAA.

s11o(axzxK) Requ¡rement: Provide for - (¡) fhe performance of such a¡r quality modeling as the Ãdm¡n¡"irrior may prescribe for the purpose of predict¡ng the effect on amb¡ent air quality of anyemissions of any air pollutant for wh¡ch the Administrator has established a national ambient airquality standard, and (ii) the submission, upon request, of data related to such air qual¡ty modeling to

the Administrator.

Delaware,s plan: Delaware has the author¡ty and techn¡cal capability to conduct air qual¡ty model¡ng¡n order to assess the effect on ambient air quality of relevant pollutant emiss¡ons, and will continue toperform model¡ng as necessary, but may make changes that ¡t bel¡eves ¡n its d¡scretion are

appropriate, whilé continuing to fulfill this obligation. Delaware w¡ll cont¡nue to subm¡t to the EPA the

Aii auality modeling data aspart of Delaware's relevant SIP subm¡ss¡ons, permit act¡ons, and throughfederal grant comm¡tments or ¡n other ways that EPA may request.

s11O(aX2XL) Requirement: Require the owner or operator ofeach major stat¡onary source to pay

to tn. perrnitting author¡ty, as a condition of any perm¡t requ¡red under th¡s Act, a fee sufficient to cover

- (i) the reasonãble costs of review¡ng and act¡ng upon any applicat¡on for such a permit, and (ii) if the o*Á"r or operator receives a permit for such source, the reasonâble costs of implementing andenforc¡ng the terms and conditions of any such permit (not including any couÍt costs or other costs

(L)

7 . 9121. - ln carrying out requ¡rements for plans to contain - (1) any transportation controls, a¡r quality ma¡ntenunc. plan requirements or preconstruction review of direct sources of pollutlon, or (2) any measufe referred to - (A) in part D), or (B) ¡n part C, and in carrying out the requirements of S'113(d), the State shall provide a satisfactoryprocess of consultat¡on w¡th general puçose local governments, des¡gnated organizat¡ons of elected officials ofiocal governments and any FLM having author¡ty over Federal land to which the State plan applies Such processshall be in accordance with regulat¡ons promulgated by EPA. Only a general purpose un¡t of local government,regional agency, or council of governments adversely affected by act¡on of EPA approving any port¡on of a plan

may petition for jud¡c¡al rev¡ew.Sf ã2. (a) - Eactr plan shall conta¡n measures to regularly notify the public of when any NMQS ¡s exceeded or waséxceeàed dur¡ng the preced¡ng year, to adv¡se the public of health hazards associated w¡th such pollution, and toenhance awareness of measures which can be taken to prevent the standards from beÌng exceeded and ways in

wh¡ch the public can participate ¡n regulatory and other efforts to improve air quality'

DELAWARE REGISTER OF REGULATIONS, VOL. 16, ISSUE 6, SATURDAY DECEMBER I, 2OI2
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approval of a fee program under t¡tle V Þursuant to Delaware law. Delaware currently fulf¡lls th¡s under

the enabling author¡ty of 7 Del.C. 996095 to 6099 and fee leg¡slat¡on that currently is renewed everythree years. Delaware has a fully approved Title V operating permits program. See paragraphs (b)and (c) under "Delaware" in Append¡x A to 40 CFR Part 7o-Approval Status of State and LocalOperat¡ng Permits Programs- Delaware may make changes that ¡t believes in its discretion areappropriate, wh¡le continuing to fulfill this obligation. (M) 511O(aX2XM) Requirement: Provide for consuftation and participat¡on by local political subd¡v¡sions

affected by the plan.Delaware's PIan: Delaware wíll continue to prov¡de for consultation and part¡c¡pation by local polit¡cal

subdiv¡s¡ons affected by the SIP pursuant to the public notice laws found in 7 Del.C. SS 6006 and 6010and 29 Del,C, Chapters 10003, 10004 and 10115, as appl¡cable. Furthermore, all SIP ¡evisions

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

political subdivisions. The publ¡c notice and hearing processes fulfill the requirements for consultation

with local pol¡t¡cal subd¡visions affected by the SIP

3,0 Conclus¡on

Based on the discussion prov¡ded above, Delaware fully complies w¡th the requirements of $110(a)(2)(A)

through $11 0(a)(2)(M) relative to the 2010 NO2 NMQS.

DELAWARE REGISTER CF REGULATIONS, VOL. 16, ISEUE O, SATURDAY, DECEMBER 1, 2012
ilfoEPENDENT NEWSMEDIA INC. USA 

110 Galaxy Drive • Dover, DE • 19901 • 1-800-282-8586 

State of Delaware: 

County of Kent: 

Before me, a Nota,Y Public, for the County and State aforesaid, Edward Dulin, known 

to me to be such, who being sworn according to law deposes and says that he is 

President of Independent Newsmedia Inc. USA, the publisher of the Delaware State 

News, a daily newspaper published at Dover, County of Kent, and State of Delaware, 

and that the notice, a copy which is ereto att ched, as published in the Delaware 

State News in its issue of () ( ~ . 

President 

Independent Newsmedia Inc. USA 

Sworn to and subscf ___ Jo._J.<I...JZ8tiJ~-~· L.., +------- - ---

Day of ----'-{---+->""-~ .___ __ A.D. C)Q ( ~ 

Moiling Address:

l'.O. uox 15505

Wilmingion, DE 19850l3o2) 32a-25(ñ(800) 23s-9 r 0o

ltox Nur¡bers:

Accounliñg: 324-255ÁCirculotion: 324'2945clossified 32¿-55 ì lH'llrrn Res¡uc¡s: 324-2J78lnfo Syslenrs: 32,1-29ó9Morkeling: 32A'2557Ncws: 324-550?

Reloilr 32r''5518

€)GAt.I\¡Eff

AFFIDAVIT 

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State of Delaware

Personally appeared before me this 28th day of November' 2012.l, Kr¡st¡n Segner, of The News Journal Company, a daily newspaper printed and published

in the county of New castle county, state of Delaware, who, being duly sworn states that

the advertìsement of S/D DNREC Div¡sion of Air Qual¡tv - Public Hearinq - State

lmplementation Plan ("SlP")

was published ¡n The News Journal on November 28, 2012

Legal Coor'dinalor'

l-itle

Sworn to before me this 28rn day of November, 2012

Notaly l)u blic