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: February 17, 2014

Subject: Amendments to Delaware’s Ambient Air Quality Standards

Completeness Review 

Completed by: Rose Quinto

Date Completed: March 17, 2014

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 February 17, 2014 from Collin P. O’Mara, 

Secretary, Delaware Department of Natural Resources & 

Environmental Control to Shawn M. Garvin, EPA Regional 

Administrator.

X

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

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

2. The Secretary’s Order has an issuance date of November 15, 

2013, effective date January 11, 2014. The Order was signed by 

the Secretary on January 11, 2014.

X

3. Evidence that the State has the necessary legal authority under 

State law to adopt and implement the plan.

3. Delaware has legal authority to adopt this regulation under 

Title 7, Delaware Code, Chapter 60.

X
EPA REQUIREMENT STATE SUBMITTAL (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 shall, whenever possible, 

be indicated in the document itself.

4. Document entitled, “7 DE Admin. Code 1103 – Ambient Air 

Quality Standards,” effective January 11, 2014. Cover letter 

dated February 17, 2014, transmitting the document has an 

effective date of January 11, 2014.

X

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. Secretary’s Order No. 2013-A-0040 dated November 15, 

2013. Cover letter transmitting the SIP revision dated February

17, 2014. Copy of public hearing notices. Certification of 

public hearing notice.

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. Affidavit of publications dated July 1, 2013 from two local 

newspapers: The News Journal and Independent Newsmedia,

Inc., USA.

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 February 17, 2014 signed by the Director, 

Division of Air Quality. Public hearing was held on August 1, 

2013.

X

8. Compilation of public comments and the State's response thereto. 8. Hearing Officer’s Report dated November 4, 2013. X
Technical Materials

EPA REQUIREMENT STATE SUBMITTAL (X)

1. Identification of all regulated pollutants affected by the plan. 1. National Ambient Air Quality Standard for sulfur dioxide, 

ozone, nitrogen dioxide, lead, and particulate matter.

 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. State of Delaware. 

 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 baseline levels and 

allowable emissions anticipated as a result of the revision.

3. N/A. The SIP revision amends 7 DE Admin. Code 1103 –

Ambient Air Quality Standards – to bring the regulatory

standards up to date with current Federal requirements.

X

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. N/A. The SIP revision amends 7 DE Admin. Code 1103 –

Ambient Air Quality Standards – to bring the regulatory

standards up to date with current Federal requirements.

 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. N/A. The SIP revision amends 7 DE Admin. Code 1103 –

Ambient Air Quality Standards – to bring the regulatory

standards up to date with current Federal requirements.

 X

6. Evidence, where necessary, that emission limitations are based on 

continuous emission reduction technology.

6. N/A. The SIP revision amends 7 DE Admin. Code 1103 –

Ambient Air Quality Standards – to bring the regulatory

standards up to date with current Federal requirements.

 X
EPA REQUIREMENT STATE SUBMITTAL (X)

7. Evidence that the plan contains emission limitations, work practice 

standards and recordkeeping/reporting requirements, where 

necessary, to ensure emission levels.

7. N/A. The SIP revision amends 7 DE Admin. Code 1103 –

Ambient Air Quality Standards – to bring the regulatory

standards up to date with current Federal requirements.

 X

8. Compliance/enforcement strategies, including how compliance 

will be determined in practice.

8. N/A. The SIP revision amends 7 DE Admin. Code 1103 –

Ambient Air Quality Standards – to bring the regulatory

standards up to date with current Federal requirements.

 X

9. Special economic and technological justifications required by any 

applicable EPA policies. (If a policy is not appropriate, explain why.)

9. N/A. No special justifications are required. 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.

10. N/A. This SIP revision is not a section 107 request. X