Proposed Plan



# State Implementation Plan for Meeting the Infrastructure Requirements of the Clean Air

Act for Fine Particulate Matter

Implementation, Maintenance,

And Enforcement of the 2006 24-Hr

PM 2.5 

## National Ambient Air Quality Standards (NAAQS)

August 28, 2009

Delaware Department of Natural Resources and Environmental Control, Air Quality ManagementProposed Plan



## TABLE OF CONTENTS

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

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

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

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## 1.0 Preamble, Introduction and Background

A State Implementation Plan (“SIP”) is a state plan that identifies how that state will attain and maintain air quality that conf orms to each primary and secondary National Ambient Air Quality Standard (”NAAQS”). The SIP is a complex, fluid document containing regulations, source-sp ecific requirements, and non-regulatory items such as plans and emission inventories.

Delaware’s initial SIP was approved by th e EPA on May 31, 1972. Since this initial approval, the Delaware SIP ha s been revised numerous times to address air quality nonattainment and maintenance issues. This was done by upda ting plans and inventories, and adding new and revised re gulatory control requirements. Delaware’s SIP is compiled at 40 C.F.R. Part 52 Subpart I.

Section 2.0 of this document is a revision to Delawa re’s SIP. The pu rpose of this SIP

revision is to detail how Delaware meet s all of the necessary implementation, maintenance, and enforcement measures required by the Clean Air Act (“CAA”), specifically, CAA §110(a)(1) and (2). This SIP revision is necessa ry because the EPA finalized a new 24-hour PM2.5 NAAQS on October 17, 2006 (71 FR 61144), and

“infrastructure SIPs” are due to the EPA within 3-years from the date of signature of any new NAAQS under CAA Section 110(a). Under the heading “Delaware’s Plan” in Section 2.0 of this document Delaware provid es a revision to its SIP to address those requirements of Section 110(a)(2)(A)-(M) of th e CAA which have not been addressed in other SIP revisions. It is a compilation of certain elements that describe how Delaware demonstrates the 2006 24-hr fine particulate (PM 2.5 ) NAAQS is being implemented, maintained and enforced. The elements of this SIP revision, once approved by EPA, will provide a federally enforceable written conf irmation that Delaware will continue to comply with the Section 110(a )(2) requirements of the CAA.

Legislative authority for the Delaware air qua lity program relating to the responsibilities

in the CAA is codified in Title 7 “Conser vation” of the Delaware Code, Chapter 60 – Delaware’s comprehensive water and air re sources conservation law, which gives the Delaware DNREC the power and duty to impl ement the provisions of the CAA in the

State of Delaware.

Many of the miscellaneous requirements of Section 110(a)(2)(A)-(M) of the CAA relevant to the 2006 PM2.5 NAAQS are already contained in Delaware’s SIP or in SIP

revisions which have been submitted to bu t not yet approved by EPA. The following Table identifies those SIP provisions, whic h have all gone through public notice and hearing prior to submittal to EPA. The following Table also identifies those infrastructure requirements which are not applicable to Delaware.

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

Section 110(a)

element Summary of element Provisions in the Current

Delaware SIP or recent SIP

revisions Submittals 1 Where

Codified or approved by

EPA

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

limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights),

as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this

Act. Pertinent emission limitations and

schedules contained in Delaware’s SIP that are listed in 40 CFR 52.420(c). 40 CFR 52.420(c)

 Regulation 46 Electric Generating Unit (EGU) Multi-Pollutant Regulation , November 21, 2006

 Regulation 13, Open Burning Regulation, May 2, 2007

 Regulation 24, Section 46, Crude Oil Lightering, May 2, 2007

 Regulation 48, Combustion Turbine Generator Emissions, September 11,

2007

 Regulation 44, Stationary Generator Emissions, November 1, 2007

 Regulation 1, Definitions And Administrative Principles

 Regulation 4, Particulate Emissions From Fuel Burning Equipment

 Regulation 5, Particulate Emissions From Industrial Process Operations

 Regulation 6, Particulate Emissions

From Construction And Materials Handling

 Regulation 7, Emissions From

Incineration Of Noninfectious

Waste

 Regulation 8, Sulfur Dioxide Emissions From Fuel Burning Equipment

 Regulation 9, Emissions Of Sulfur Compounds From Industrial Operations

 Regulation 10, Control Of Sulfur

Dioxide Emissions Kent And

Sussex Counties

 Regulation 12, Control Of Nitrogen

Oxides Emissions

 Regulation 14, Visible Emissions



 Regulation 24, Control Of Volatile

1 All of the State of Delaware “Regulations Governing the Control of Air Pollution” have been re-coded under 7 DE Admin Code 1100, effective September 11,2008. This recoding was submitted to the EPA as a SIP on June 15, 2009, but has not yet been approved into the DE SIP. Because of this some of Delaware’s control requirements are cited in this document in the old format. For example, “7 DE Admin Code 1131” is cited as “Regulation 31

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Organic Compound Emissions

 Regulation 26, Motor Vehicle Emissions Inspection Program

 Regulation 27, Stack Heights

 Regulation 31, Low Enhanced Inspection And Maintenance Program

 Regulation 32, Transportation Conformity Regulation

 Regulation 35, Conformity Of

General Federal Actions To The State Implementation Plans

 Regulation 36, Acid Rain Program

 Regulation No. 37, NOx Budget Program

 Regulation No. 39, Nitrogen Oxides Budget Trading Program

 Regulation 40, National Low Emission Vehicle Program

 Regulation 41, Limiting Emissions Of Volatile Organic Compounds

From Consumer And Commercial

Products

 Regulation 42, Specific Emission

Control

§110(a)(2)(B) Provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to - (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such data

available to the Administrator. Regulation 17 Source Monitoring, Record Keeping And Reporting and Regulation 3, Ambient Air Quality Standards, provides for the establishment and operation of procedures necessary to monitor, compile and analyze data related to ambient air quality. 40 CFR 52.420(c)

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

the enforcement of the measures described in subparagraph (A) and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D; Delaware implements its Construction and Operation Permit Program requirements under Regulation 2, and Regulation 25.

Delaware implements its Prevention of Significant Deterioration (PSD) Program requirements under Regulation 25.

Delaware implements its Emission Offset Provision (EOP) requirements under Regulation 25.

Other aspects of Delaware’s program

for enforcement are found in those provisions of Regulation 25, and Regulation 17 as well as the source monitoring, source testing and test methods, and, recordkeeping and reporting provisions of Regulation 2, 40 CFR 52.420(c)

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23, 24, 26, 31, 37, 39, 40, 41, 42, and others in the approved Delaware SIP as well as recently submitted regulatory

SIP revisions discussed under section 110(a)(2)(A) above. §110(a)(2)(E)(ii) (ii) requirements that the state comply with the requirements respecting state boards under section 128, and The requirements of §110(a)(2)(E)(ii) are not applicable to Delaware because it does not have any board or body which approves air quality permits or

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

where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision; The requirements of §110(a)(2)(E)(iii) are not applicable to Delaware because it does not rely on localities for specific SIP implementation.

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

the Administrator—

(i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps by owners or operators of stationary sources to

monitor emissions from such

sources,

(ii) periodic reports on the nature

and amounts of emissions and

emissions-related data from such sources, and

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

limitations or standards established pursuant to this Act, which reports

shall be available at reasonable times for public inspection; §110(a)(2)(F)(i): Specific monitoring requirements are fo und throughout the State of Delaware Regulations Governing the Control of Air Pollution, to include Regulation No. 17 and 3. These requirements are included in Delaware’s SIP, as

necessary.

§110(a)(2)(F)(ii): Specific emission reporting requirements are found throughout the State of Delaware Regulations Governing the Control of Air Pollution, to include Regulation No. 17. These requirements are included in Delaware’s SIP, as

necessary.

Other aspects of Delaware’s program for requiring installation and maintenance of monitoring equipment, periodic emissions reporting, is found in the source monitoring, source testing and test methods, and recordkeeping and reporting provisions of Regulations 12, 23, 24, 26, 31, 37, 39, 40, 41, 42, and others in the approved Delaware SIP, 40 CFR 52.420(c), as well as submitted regulatory SIP

revisions discussed under section 110(a)(2)(A) above. 40 CFR 52.420(c)

§110(a)(2)(G) Provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority ; State of Delaware Regulations Governing the Control of Air Pollution, Regulation 15, Air Pollution Alert and Emergency Plan, contains emergency episode plan provisions that 40 CFR 52.420(c)

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are currently approved in the SIP, and found at 40 C.F.R. 52.420(c), that fulfill the contingency plan requirement for the 2006 24-hr PM 10 NAAQS, based on current federal requirements.

§110(a)(2)(I) In the case of a plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements of part D (relating to nonattainment areas); Part D pertains to general requirements for nonattainment areas. New Castle County is inthe Philadelphia-WilmingtonCamden PM 2.5 nonattainment

area for the 2006 24-hr PM 2.5 NAAQS.

The regulations in Delaware’s approved SIP that are listed in 40 CFR Part 52, Subpart I

related to nonattainment areas will continue to comply with Subpart D requirements and

which could not have been approved if they had not met Subpart D requirements. 40 CFR 52.420(c)

§110(a)(2)(J) (PSD) Meet the applicab le requirements of part C (relating to prevention of significant deterioration of air quality and visibility protection); Delaware’s PSD requirements are promulgated in Regulation 25,

Preconstruction Review.



## 2.0 SIP Revision

This SIP revision addresses t hose requirements of Section 1 10(a)(2)(A)-(M) of the Clean Air Act (CAA) which have not been addresse d in other SIP revisions. Each of the requirements of §110(a)(2) of the CAA (Subparagraphs A–M) is presented below, along with a discussion of Delaware’s plan revision to meet the requirement.

(A) §110(a)(2)(A) Requirement: Include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act.

Delaware’s Plan: Delaware has established laws and regulations that include enforceable emissions limitations and other control measures, means or techniques, as well as schedules and timetables for compliance to meet the applicable requirements of the CAA. Dela ware may make changes to its laws and regulations that it believes in its disc retion are appropriate, while continuing to fulfill this obligation.

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At present, Delaware’s statutory authority is set out in Title 7 “Conservation” of the Delaware Code, Chapter 60 – Dela ware’s comprehensive water and air resources conservation law. Legislativ e authority giving the Secretary of the Delaware Department of Natural Res ources and Environmental Control the authority to promulgate Regulations is c odified at 7 Del. C., Chapter 60. This authority is also applicable to the 2006 PM 2.5 NAAQS.

(B) §110(a)(2)(B) Requirement: Provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to - (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such data available to the Administrator.

Delaware’s SIP already contains othe r elements, namely, 7 DE Admin. Code
1117 Source Monitoring 2 , Record Keeping and Reporting and 7 DE Admin. Code 1113, Ambient Air Quality Standards, addressing §110(a)(A) as discussed in the

section 1.0 and the table th ereto of this document.

Delaware’s Plan: Delaware has established and currently operates appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality, and upon request, makes such data available

to the Administrator. Delaware will continue to operate devices, methods, systems and procedures and may makes change s that it believes in its discretion are appropriate, while continuing to fulfill this obligation. At present, Delaware

does this as follows for the 2006 24-hr PM 2.5 matter NAAQS:

• Delaware maintains and operates a multi-station network of ambient monitors throughout the State to measure ambient ai r quality levels within Delaware for comparison to each NAAQS as requir ed by 40 CFR Part 58. Daily PM 2.5 monitoring is currently performed at va rious locations thr oughout Delaware.

• All data is measured using U.S. EPA a pproved methods as either Reference or Equivalent monitors; all monitors ar e subjected to the quality assurance requirements of 40 CFR Part 58; Appendix A; and all samplers are located at sites that have met the minimum siting requirements of Pa rt 58, Appendix E.

The data is submitted to the EPA’s Ai r Quality System (AQS) system, in a timely manner in accordance to the schedul ed prescribed by the U.S. EPA in

40 CFR Part 58.

• In order to keep EPA informed of changes to the sampling network DNREC provides EPA Region III with prior notific ation of any planned changes to the network. As needed, details of these ch anges and anticipate d approvals of the changes are communicated to EPA. On an annual basis, Delaware sends EPA a monitoring network plan as re quired by 40 CFR Part 58 Section 10: Annual

2 All of the State of Delaware “Regulations Governing the Control of Air Pollution” have been re-coded under 7 DE Admin Code 1100, effective September 11, 2008. This recoding was submitted to the EPA as a SIP on June 15, 2009, but has not yet been approved into the DE SIP. Dela ware’s control requirements are cited in Section 2 in the new format. For exampl e, “Regulation 31” is cited as “7 DE Admin Code

1131”.

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monitoring network plan and periodic network assessment. This plan contains all required information including site and monitor desc ription, analysis methods, operating schedule, monito ring objectives and scale of representativeness, as well as inform ation on any planned changes. DNREC submits data to the AQS system, in a timely manner, pursuant to the schedule prescribed by the EPA in 40 CFR Part 58.

• Delaware has and will continue to subm it data to EPA's Air Quality System (“AQS”) in a timely manner in accordance to the scheduled prescribed by the

U.S. EPA in 40 CFR Part 58.

(C) §110(a)(2)(C) Requirement: Include a program to provide for the enforcement of the measures described in subparagraph (A), and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D.

For the 2006 PM 2.5 NAAQS, Delaware’s SIP already contains the other elements addressing §110(a)(C) as disc ussed in the section 1.0 and the table thereto of this

document.

Delaware’s Plan: Delaware has established and currently operates a program to provide for the enforcement of the enfor ceable emission limitations and other control measures, means, or techniques, as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of the CAA and to regulate the modification and construction of any stationary source within areas covered by its SIP as necessary to assure the NAAQS are achieved, including permit program s required in parts C and D. At present, Delaware as part of its Ai r Quality Management Section function exercises its programmatic authority to ut ilize the enforcement powers set out in 7 Del. C. §6005 entitled “Enforcement; civil and administ rative penalties; expenses”; 7 Del. C. §6013 entitled “Cri minal penalties”; and 7 Del. C. §6018

entitled “Cease and desist order.” Delawa re will continue to operate this program and may makes changes that it believes in its discretion ar e appropriate, while continuing to fulfill this obligation.

(D) §110(a)(2)(D) Requirement: Contain adequate provisions – (i) prohibiting, consistent with the provisions of this title, any source or ot her type of emissions activity within the State from emitting any air pollutant in amounts which will - (I) contribute signifi cantly to non-attainment in, or interfere with maintenance by, any other State with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility, (ii)

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insuring compliance with the applicable requirements of sections 126 3 and 115 4
(relating to interstate and international pollution abatement).

Delaware’s Plan: The implementation plan for Delaware and recently submitted SIP revisions presently contain adequate provisions prohibiting sources from emitting air pollutants in amounts whic h will contribute significantly to nonattainment or interfere with mainte nance with any NAAQS and to prevent interference with measures related to pr eventing significant de terioration of air quality or which have to date proved adequa te to protect visibility and to address interstate and international pollutant abatement; however, Delaware may make changes that it believes in its discretion ar e appropriate, while continuing to fulfill this obligation. At present, Delaware’s legal authority is contained in the following:

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

PM 2.5 are currently subject to Nonattain ment New Source Review (NNSR) and Prevention of Significant Deterioration (PSD) permitting programs

3 §126(a) - Each plan shall (1) require each major pr oposed new or modified so urce (A) subject to Part C or (D) which may significantly contribute to pollu tion in excess of the NAAQS in any AQCR outside the State in which such source intends to locate or modify, to provide written notice to all nearby States the pollution levels of which may be affected by such source 60 days prior to the date on which commencement of construction is to be permitted by the State, and (2) identify all major existing stationary sources which may have the impact described in (1) with respect to new or modified sources and provide notice to all nearby States of the identity of such sources. (b) Any State may petition EPA for a finding that any major source or group of stationary sources emits or would emit any pollutant in violation of the prohibition of §110(a)(2)(D)(ii) or this section. (c) Notwithstanding any permit which may have been granted by the State, it shall be a violation of this section and the plan - (1) for any major proposed new or modified source with respect to which a finding has been made under subsection (b) to be constructed or to operate in violation of this section and the prohibition of §110(a)(2)(D)(ii) or this section, or (2) for any major existing source to operate more than 3 months after such finding has been made. EPA may permit the continued operation of a source beyond the expiration of the 3-month period if the source complies with the emission limitations and compliance schedules as may be provided by EPA to bring about compliance with the requirements of §110(a)(2)(D)(ii). Nothing shall be construed to preclude any such source from being eligible for an enforcement order under §113(d) after the expiration of such period during which EPA has permitted continuous operation.

4 §115(a) - Whenever EPA, upon receipt of repo rts, surveys or studies from any duly constituted international agency has reason to believe that any pollutants emitted in the US cause or contribute to pollution which may reasonably be anticipated to endanger public health or welfare in a foreign country or whenever the Se cretary of State requests it to do so, EPA shall give formal notification to

the Governor of the State in which such emissions originate. (b) The EPA notice shall be deemed to be a finding under §110(a)(2)(H)(ii) which requires a plan revision with respect to so much of the applicable plan as is inadequate to prevent or eliminate the endangerment. Any foreign country so affected by such emission of pollutants shall be invite d to appear at any public hearing associated with any revision of the appropriate portion of the applicable plan. (c) This section shall apply only to a foreign country which EPA determines has given the US the same rights with respect to the prevention or control of air pollution occurring in that country. (d) Recommendations issued following any

abatement conference conducted prior to CAA 1977 shall remain in effect with respect to any pollutant for which no NAAQS has been established under § 109 unless EPA, after consultation with all agencies, which were party to the confer ence, rescinds any such recommendation.

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under the PSD and EOP provisions of 7 DE Admin. Code 1125, Preconstruction Review. As provided in the PM 2.5 NSR Implementation Rule (73 FR 28321), NNSR in New Castle County for PM 2.5 will continue to be administered under the provisions of Appendix S until no later than May 16, 2011 when the EOP sec tion of 7 DE Admin. Code 1125 and

the Delaware SIP have been revised to reflect the provisions of 73 FR 28321. Also, in Kent and Sussex counties, PM 2.5 PSD activities will continue to be administered using PM 10 as a surrogate for PM 2.5 , without consideration of precursors, until no later than May 16, 2011 when changes to Regulation 25 and the SIP ha ve been completed. Delaware has complied with §110(a)(2)(D) through pr omulgation of 7 DE Admin. Code 1146, Electric Generating Unit Multi-P ollutant Regulation, and 7 DE Admin. Code 1148, Control of Stationa ry Combustion Turbine Electric Generating Unit Emissions; which si gnificantly reduce emissions from Delaware’s largest EGUs, industria l boilers, and peak ing units. These regulations have been submitted to the EPA as revisions to Delaware’s

SIP.

• 110(a)(2)(D)(i)(II): PSD requirements under Section 3 of Regulation 25. Major sources are subject to NNSR and PSD permitting programs implemented in accordance with EPA’s PM 2.5 NSR Implementation Rule (73 FR 28321) calling for use of Appendix S for NNSR and using PM 10 as a surrogate for PM 2.5 in the PSD NSR program requirements

• The State of Delaware confirms that it is meeting this requirement for the use of Appendix S for PM 2.5 activities under the NNSR program and using

PM 10 as a surrogate for PM 2.5 in the PSD programs.

• Delaware’s proposed Visibility SIP assessed and demonstrated that

Delaware has met Best Availabl e Retrofit Technology and Reasonable Further Progress (RFP) goals, and thus did not interfere with measures required to be included in the applicable implementation plan for any other State to protect visibility.

• 110(a)(2)(D)(ii): Nothing in Delaware’s statutory or regulatory authority prohibits or otherwise interferes with Delaware’s ability to exercise

sections 126 and 115 of the CAA.

(E) §110(a)(2)(E) Requirement: Provide (i) necessary assurances that the state (or, except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under stat e (and, as appropriate, local) law to carry out such implementati on plan (and is not prohi bited by any provision of federal or state law from carrying out such implementation plan or portion thereof), (ii) requirements that the State comply with the requirements respecting State boards under section 128, 5 and (iii) necessary assurances that, where the

5 §128 (a) each plan shall contain requirements that - (1) an y board or body which approves permits or enforcement orders shall have at least a majority of members who re present the public interest a nd do not derive any significant portion of their income from persons subject to permits or enforcement orders, and (2 ) any potential conflicts of

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state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, th e state has responsibility for ensuring adequate implementation of such plan provision.

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

discussed in section 1.0 and the ta ble thereto of this document.

Delaware’s Plan: With respect to the remaining obligations under this section, Delaware assures EPA that it has adequa te authority under stat e law pursuant to

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

PM 2.5 NAAQS. DNREC does not believe that there is any pr ohibition in any federal or state law that would prevent it from carrying out its SIP or any portion thereof. Further, DNREC assures EPA that it has, through the State of Delaware General Fund and through the Title V fee program, and will continue to have, funding to carry out its SIP obligations. Further, DNR EC believes its funding sources are sufficient to provide adequa te personnel for those purposes; however, Delaware may makes changes that it beli eves in its discretion are appropriate, while continuing to fulfill this obligation.

At present Delaware fulfills this oblig ation by virtue of having adequate personnel and funding through the CAA §105 gr ant process (federal grant funds), the State of Delaware general fund (state tax revenues), and appropriated special funds collected by the State of Delaware from application fees, permit fees, renewal fees, and civil or administrative pe nalties or fines. Delaware does not anticipate the need for additional resources beyond those to be appropriated in the above manner to carry out its SIP requirements.

(F) §110(a)(2)(F) Requirement: Require, as may be prescrib ed by the Administrator - (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary

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

nature and amounts of emissions and emi ssions-related data from such sources, and (iii) correlation of such reports by the State agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection.

Delaware’s Plan: Delaware requires that owners or operators of stationary sources monitor and submit periodic re ports on the nature and amounts of PM 2.5 emissions and emissions related-date emissions from the sources. This may include the installation, maintenance and replacement of equipment, where appropriate. This information submitted to DNREC is available to the public at reasonable times for public inspection pursuant to Delaware law. Delaware will

interest by members of such board or body or the head of an executive agency with similar powers be disclosed. A State may adopt any requirements respec ting conflicts of interest for such boards or bodies or heads of executive agencies, or any other entities which are more stringent than the requirements of (1) and (2).

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continue to require reportin g of emissions but may makes changes that it believes in its discretion are appropriate, while continuing to fulfill this obligation.

Except as specifically exempted by the Delaware Freedom of Information Act, 29 Del. C. Chapter 100, Delaware makes all r ecords, reports or information obtained by the Department or referred to at p ublic hearings avai lable to the public pursuant to the provisions of the Delaware Freedom of Information Act, 29 Del. C. Chapter 100.

(G) §110(a)(2)(G) Requirement: Provide for authority comparable to that in section 303 and adequate contingency plan s to implement such authority; 6

Delaware’s SIP contains an emergency episode plan for PM 10 fine particulates as

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

and 2006 PM 2.5 NAAQS, the emergency episode plan will be updated as required by EPA.

Delaware’s Plan: Delaware has authority comparable to that in section 303 and adequate contingency plans to implement such authority but may makes changes that it believes in its discretion are appr opriate, while continuing to fulfill this obligation.

7 Del. C. § 6003(a)(1) requires a permit fr om the Secretary prior to discharging any air contaminant. 7 Del. C. § 6002(2) defines air contaminant essentially as any substance other than uncombined water. 7 Del. C. § 6005 allows the Secretary to seek a preliminary or perm anent injunction or temporary restraining order for any discharge of an air contam inant without a permit, and issue cease and desist orders for violations (7 Del. C. § 6018). Thus, it necessarily follows that any discharge of an ai r contaminant that would cause imminent & substantial endangerment to the health, safety and welfare of the people of the State of

Delaware or the environment would consti tute a sufficient basis for the Secretary to seek an injunction or temporary re straining order to halt the violation.

6 Sec. 303- Notwithstanding any other provisions of this Act, the Administrator upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to public health or welfare, or the environment, may bring suit on behalf of the United States in the appr opriate United States District court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contri buting to such pollutio n or to take such other action as may be necessary. If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such a civil ac tion, the Administrator may issue such orders as may be necessary to protect public health or welfare or the environment. Prior to taking any action under this section, the Administrator shall consult with appropriate State and local authorities and attempt to confirm the accuracy of the information on which the action proposed to be taken is based. Any order issued by the Administrator under this section shall be effective upon issuance and shall remain in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to the first sentence of this section before the expiration of that period. Whenever the Administrator brings such an action within the 60-day period, such order shall remain in effect for an additional 14 days or for such longer period as may be authorized by the court in which such action is brought.

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(H) §110(a)(2)(H) Requirement: Provide for revision of such plan - (i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such sta ndard, and (ii) except as provided in paragraph (3)(C), whenever the Administ rator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard wh ich it implements or to otherwise comply with any additional re quirements established under this Act.

Delaware’s Plan: Delaware will review and revise its SIP from time to time as may be necessary to take account of revisions of su ch primary or secondary NAAQS or the availability of improved or more expeditious methods of attaining

such standard and whenever the Administ rator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the NAAQS which it implements or to othe rwise comply with any additional requirements established under the CAA.

(I) §110(a)(2)(I) Requirement: In the case of a plan or plan revision for an area designated as a non-attainment area, meet the applicable requirements of part D (relating to non-attainment areas).

For the 1997 annual PM 2.5 NAAQS, Delaware’s SIP or recent SIP revisions already contain other elements addressi ng §110(a)(I) as discussed in the section 1.0 and the table thereto of this document, as well as §110(a)(2)(D)of section 2. Many of these also apply to the 2006 24-hr PM 2.5 NAAQS.

(J) §110(a)(2)(J) Requirement: Meet the applicable requi rements of section 121 (relating to consultation), section 127 (relati ng to public notification), and part C (relating to prevention of si gnificant deterioration of air quality and visibility protection). 7

Delaware’s Plan: Delaware will meet the applicable requirements of section 121 (relating to consultation), se ction 127 (relating to public notification), and has met the applicable part C (relating to prev ention of significant deterioration of air quality and visibility protection) in De laware’s Visibility SIP submitted to EPA

7 §121. - In carrying out requirements for plans to contain - (1) any transporta tion controls, air quality maintenance plan requirements or preconstruction revi ew of direct sources of pollution, or (2) any measure referred to - (A) in part D), or (B) in part C, and in carrying out the re quirements of §113(d), the State shall provide a satisfactory process of consultation with general purpose local governm ents, designated organizations of elected officials of local governments and any FLM having aut hority over Federal land to which the State plan applies. Such process shall be in accordance with regulati ons promulgated by EPA. Only a gene ral purpose unit of local government, regional agency, or council of governme nts adversely affected by action of EPA approving any portion of a plan etition for judicial review. may p
§127. (a) - Each plan shall contain measures to regularly notify the public of wh en any NAAQS is exceeded or was exceeded during the preceding year, to advise the public of health hazards associated with such pollution, and to enhance awareness of measures which can be taken to prevent the standards from being exceeded and ways in which the public can participate in regulatory and other efforts to improve air quality.

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September 25, 2008; but may makes changes th at it believes in its discretion are appropriate, while continuing to fulfill this obligation. At present, Delaware does so utilizing the following:

• 7 DE Admin. Code 1146, Transportation Conformity provides a legal platform for the various consultation pr ocedures that have been developed between DNREC, DELDOT, and the Metropolitan Planning Organizations (MPOs). The MPOs provide the fo rum for consultation with local

governments. 8 Delaware’s MPOs are: (1) WILMAPCO, Kent County MPO, and the Salisbury-Wicomoco MPO. Re gional Planning Organizations provide the forum for inter-state consultations. Additionally, consultations with Federal Land Managers are always on-going in accordance with EPA Rules and Delaware’s Visibility SIP. All SIP revisions undergo public notice and hearing which have allowed for comment by the public which includes local political subdivisions. Delaware be lieves the public notice and hearing processes also fulfills the section 121 consultation process. The submitted attainment plans and regulations in th e approved Delaware SIP specify the organizations responsible for implementing and enforcing the plans.

• DNREC makes real-time and historical ai r quality information available on its Web site. All relevant SIPs and plan s to achieve the NAAQS contain public notification provisions related to air monitoring levels of ozone and PM 2.5 such as Air Quality Action Days, an d DNREC’s website. DNREC provides extended range air quality forecasts, which give the public advanced notice of air quality events. This advance notice allows the public to limit their exposure to unhealthy air and enact a plan to reduce pollution at home and at work. DNREC forecasts daily ozone and pa rticle levels and issues e-mails to the public, businesses and the media via AirAlerts. AirAlert e-mail forecasts and notifications are free to the public.

For the 1997 PM 2.5 NAAQS, Delaware’s SIP al ready contains the other elements addressing §110(a)(J) as disc ussed in the section 1.0 and the table

thereto of this document.

(K) §110(a)(2)(K) Requirement: Provide for - (i) the perfor mance of such air quality modeling as the Administrator may prescrib e for the purpose of predicting the effect on ambient air quality of any emi ssions of any air pollutant for which the

Administrator has established a national am bient air quality sta ndard, and (ii) the submission, upon request, of data related to such air qualit y modeling to the

Administrator.

For the annual PM 2.5 NAAQS, Delaware’s SIP or recently submitted SIP revisions contains required modeling as discussed in the section 1.0 and the table

thereto of this document.

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

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Delaware’s Plan: Delaware will continue to perform modeling as required under the CAA to demonstrate attainment), but ma y makes changes that it believes in its discretion are appropriate, while continui ng to fulfill this ob ligation. Delaware will continue to submit the Air Quality modeling data as part of Delaware's relevant SIP submissions and through fede ral grant commitments or in other ways that EPA may request.

(L) §110(a)(2)(L) Requirement : Require the owner or operator of each major stationary source to pay to the permitti ng authority, as a condition of any permit required under this Act, a fee sufficient to cover - (i) the reasonable costs of reviewing and acting upon any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under Title V.

Delaware’s Plan: In a manner consistent with Delaware law, Delaware will continue to require the owner or operator of each majo r stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover (i) the reasonable costs of reviewing and acting upon any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sour ces by the Administrator’s approval of a fee program under title V pursuant to Delawa re law. Delaware currently fulfills

this under the enabli ng authority of 7 Del. C. §S 6095 to 6099 and fee legislation that currently is renewed every three year s. Delaware has a fully approved Title V operating permits program. See paragraphs (b) and (c) under “ Delaware” in Appendix A to 40 CFR Part 70—Approval St atus of State and Local Operating Permits Programs. Delaware may make cha nges that it believes in its discretion are appropriate, while continuing to fulfill this obligation.

(M) §110(a)(2)(M) Requirement : Provide for consultation a nd participation by local political subdivisions affected by the plan.

Delaware’s Plan: Delaware will continue to provide for consultation and participation by local political subdivisio ns affected by the SIP pursuant to the public notice laws found in 7 Del. C. § 6006 and 6010 and 29 Del. C. Chapters 10003, 10004 and 10115, as applicable. Furt hermore, all SIP revisions undergo public notice and hearing which have al lowed for comment by the public which includes local political subdivisions. We believe the public notice and hearing processes fulfill the requirements for consu ltation with local political subdivisions affected by the SIP.

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## 3.0 Conclusion

Based on the information provided above, Delawa re fully complies with the requirements of §110(a)(2)(A) thr ough §110(a)(2)(M).

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