SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

(In accordance with 40 CFR Part 51 - App. V)

 SIP Submitted by: Delaware Department of Natural Resources and Environmental Control

 Date Submitted: 3/23/12

 Subject: Delaware Requirements for Preconstruction Review, Emissions Offset Provisions and PSD for PM2.5

Completeness Review 

Completed by: Gerallyn Duke

 Date Completed: 4/23/12

Administrative Materials

ACCEPTABLE

EPA REQUIREMENT STATE SUBMITTAL (X)

1. A formal letter of submittal from the Governor or his 

designee, requesting EPA approval of the plan or revision 

thereof.

1. Letter dated march 14, 2012 on behalf of the State of 

Delaware from Collin P. O’Mara, Secretary, DNREC to 

Shawn M. Garvin, Regional Administrator, EPA Region III

X

2. Evidence that the State has adopted the plan in the State code 

or body of regulations; or issued the permit, order, or consent 

agreement in final form. That evidence shall include the date 

of adoption or final issuance as well as the effective date of the 

plan, if different from the adoption/issuance date.

Check to see if the regulation, permit, order or consent decree 

has a sunset or expiration date. If so it is not acceptable as a 

SIP submission. 

2. The Order has an issuance date of January 17, 2012, 

effective date February 11, 2012. The Order was signed by the 

Secretary.

X

3. Evidence that the State has the necessary legal authority 

under State law to adopt and implement the plan.

3. Yes, DE has authority to revise and implement SIP with EPA 

oversight and approval.

X

4. A copy of actual regulation, or document submitted for 

approval and incorporation by reference into the plan, including 

indication of the changes made to the existing approved plan, 

where applicable. The submittal shall be a copy of the official 

State regulation/document signed, stamped, dated by the 

appropriate State official indicating that it is fully enforceable 

by the State. The effective date of the regulation/document 

4. Yes. Document entitled, “7 DE Admin. Code 1125, 

Requirements for Preconstruction Review: Sections 1.9 

(‘Definitions’), 2.0 (‘Emissions Offset Provisions’), and 3.0 

(Prevention of Significant Deterioration of Air Quality [PSD])”

effective February 11, 2012. Cover letter dated March 14, 

2012 transmitting the document states that the revision is 

effective February 11, 2012.

X
EPA REQUIREMENT STATE SUBMITTAL (X)

shall, whenever possible, be indicated in the document itself.

5. Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution in conducting 

and completing the adoption/issuance of the plan.

5. The Secretary’s Order No.: 2012-A-0003 describes 

procedures followed and appears to be in accordance with 

applicable requirements. Also, the Memorandum, dated 

January 5, 2012, from the Public Hearing Officer to the Cabinet 

Secretary states that DNREC adhered to all appropriate 

Delaware statues and the regulatory development process in 

this matter.

X

6. Evidence that public notice was given of the proposed 

change consistent with procedures approved by EPA, including 

the date of publication of such notice.

6. Notice of public hearing was given to the public in the 

Delaware Register of Regulations on May 1, 2011 and in 

multiple newspapers of general circulation including but not 

limited to The Delaware State News and The News Journal on 

April 17, 2011.

X

7. Certification that public hearings were held in accordance 

with the information provided in the public notice and the 

State's laws and constitution, if applicable.

7. Certification dated March 12, 2012 and signed by Ali 

Mitzakhalili, Director of Division of Air Quality, certifies that 

the public hearing that was held on May 23, 2011 was held in 

accordance with the notice required by 40 CFR 51.102.

X

8. Compilation of public comments and the State's response 

thereto.

8. Hearing Officer’s Report dated January 5, 2012. X

 Technical Materials

1. Identification of all regulated pollutants affected by the plan. 1. Regulations regarding particulate matter less than 2.5 

micrometers (PM2.5) subject to new source review (NSR) 

permitting.

 X

2. Identification of the locations of affected sources including 

the EPA attainment/nonattainment designation of the locations 

and the status of the attainment plan for the affected area(s).

2. Major Stationary Sources and Major Modifications 

Locating in Nonattainment Areas and Attainment Areas

 

 X

3. Quantification of the changes in plan allowable emissions 

from the affected sources; estimates of changes in current 

actual emissions from affected sources or, where appropriate, 

quantification of changes in actual emissions from affected 

sources through calculations of the differences between certain 

3. NA X
EPA REQUIREMENT STATE SUBMITTAL (X)

baseline levels and allowable emissions anticipated as a result 

of the revision.

4. The State's demonstration that the national ambient air 

quality standards, prevention of significant deterioration 

increments, reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is approved 

and implemented. 

4. The revised SIP should be the same as or equivalent to the 

revised federal NSR permitting program which, among other 

things, is intended to protect the NAAQS for PM2.5. The 

regulations will enhance the current approved program in 

Delaware. 

X

5. Modeling information required to support the proposed 

revision, including input data, output data, models used, 

ambient monitoring data used, meteorological data used, 

justification for use of offsite data (where used), modes of 

models used, assumptions, and other information relevant to 

the determination of adequacy of the modeling analysis.

5. NA X

6. Evidence, where necessary, that emission limitations are 

based on continuous emission reduction technology.

6. NA X

7. Evidence that the plan contains emission limitations, work 

practice standards and recordkeeping/reporting requirements, 

where necessary, to ensure emission levels.

7. NA X

8. Compliance/enforcement strategies, including how 

compliance will be determined in practice.

8. NA X

9. Special economic and technological justifications required 

by any applicable EPA policies. (If a policy is not appropriate, 

explain why.)

9. No economic impact is seen and this addition will bring

Delaware DNREC regulations to be consistent with the Federal 

program. This will also fulfill a needed in the program which 

was represented in a Federal Register notice dated May 16, 

2008 – 73 FR28321

X

10. A Section 107 request must be accompanied by a 

maintenance plan demonstrating maintenance to the relevant 

NAAQS for at least 10 years after redesignation.

9. NA X