Governor of DelawareWilliam Penn Street, 2” Floor

Dover, Delaware 19901

Dear Governor Markell:

Thank you for your March 18, 2009 and October 28, 2011 recommendations on air quality

designations for the revised 2008 National Ambient Air Quality Standards (NAAQS) for ozone

throughout Delaware. I appreciate the information DeLaware shared with the U.S. EnvironmentalProtection Agency (EPA) as we move forward to improve ozone air quality. This letter is to notify

you of EPA’s preliminary response to Delaware’s recommendations and to inform you of our approach

for completing the designations for the revised ozone standards.

On March 12, 2008, EPA revised its NAAQS for ground-level ozone to provide increased

protection of public health and the environment. EPA lowered the primary 8-hour ozone standardfrom 0.08 parts per million (ppm) to 0.075 ppm to protect against health effects associated with ozoneexposure, including a range ofserious respiratory illnesses and increased premature death from heart

or lung disease. EPA revised the secondary 8-hour ozone standard, making it identical to the primary

standard, to protect against welfare effects, including impacts on sensitive vegetation and forested

ecosystems.

History shows us that better health and cleaner air go hand-in-hand with economic growth.

Working closely with the states and tribes, EPA is implementing the standards using a common sense

approach that improves air quality and minimizes the burden on state and local governments. As partofthis routine process, EPA is working with the states to identify areas in the country that meet thestandards and those that need to take steps to reduce ozone pollution. Within one year after a new or

revised air quality standard is established, the Clean Air Act (CAA) requires the Governor of each state

to submit to EPA a list of all areas in the state, with recommendations for whether each area meets the

standard. As a first step in implementing the 2008 ozone standards, EPA asked states to submit their

designation recommendations, including appropriate area boundaries by March 12, 2009. In

September 2009, EPA announced it was reconsidering the 2008 ozone standards. EPA later took steps

to delay the designation process for the 2008 ozone standards pending outcome ofthe reconsideration.

However, in September 2011, the Office of Management and Budget returned to EPA the draft final

rule addressing the reconsideration ofthe 2008 ozone standards. On September 22, 2011, EPArestarted the implementation effort by issuing a memorandum to clarify for state and local agencies the

status ofthe 2008 ozone standards and to outline plans for moving forward to implement them. EPA

indicated that it would proceed with initial area designations for the 2008 standards, and planned to use

the recommendations states made in 2009 as updated by the most current, certified air quality datafrom 2008-2010. While EPA did not request that states submit updated designation recommendations,

the EPA provided the opportunity for states to do so.
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recommendations and other relevant technical information, including 2008-20 10 air quality data, EPA

intends to modify Delaware’s recommended area designations and boundaries for the PhiladelphiaWilmington-Atlantic City and Seaford areas. In addition, EPA has reviewed Delaware’s

recommendation for a large multi-state nonattainment area and has concluded that this is not inkeeping with a plain reading ofthe CAA section 107(d) related to the contribution in a “nearby” area.The CAA has other provisions to address regional transport. The enclosed Technical SupportDocument provides a detailed analysis to support our preliminary decisions. EPA intends to designate

all other areas ofthe state as unclassifiable/attainment.

EPA will continue to work with state officials regarding the appropriate boundaries for the

areas in Delaware. If Delaware has additional information that you would like EPA to consider, please

submit it to us by February 29, 2012. EPA will also make its preliminary designation decisions andsupporting documentation available to the general public for review and comment. We will be

announcing a 30-day public comment period shortly in the Federal Register. After consideringadditional information we receive, EPA plans to promulgate final ozone designations in spring of2012.

EPA is committed to working with the states and tribes to share the responsibility ofreducing

ozone air pollution. Current and upcoming federal standards and safeguards, including pollution

reduction rules for power plants, vehicles and fuels, will assure steady progress to reduce ozoneforming pollution and will protect public health in communities across the country.

We look forward to a continued dialogue with you and your staff as we work together to

implement the 2008 ozone standards. If you have any questions, please do not hesitate to contact me

or have your staff contact Ms. Arnie Howell, EPA’s Delaware Liaison, at (215) 814-5722.

Sincerely,

hawn M. Garvin

Regional Administrator

Enclosure

cc: The Honorable Collin P. O’Mara, Secretary

Department of Natural Resources and Environmental Control