Secrctary's Order No.: 2014-A-0015

RE: Approving Revísed Final Revision to the Delaware 201I Base

Year State Implementation Plan (SIP) Emission lnventory for Volatile

Organic Compounds (VOCs), Nitrogen Oxides (NOx)' and Carbon

Monoxide (CO) for Areas of Marginal Non-Attainment under the 2008

Ozonc National Amhient Air Quality Standard (NAAQS)

Date of Issuance: July 2l' 2014

Effective Date of thc Amendment: August ll,2014

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

Resources and Environmental Control ("Department'o or *DNREC") the followingfìndings, reasons and conclusions are entered as an Order of the Secretary in the aboverefì:renced rulemaki ng proceedi ng.

Background and Procedural Histoty

'Ihis Order considers the proposed revision to the Delaware State Implementation

Plan (SIP) for meeting the Cìlean Air Act ("CAA") requirements for the 8-hour ozone

National Ambient Air Quality Standard ("NAAQS") sct lbrth by the U.S. ljnvironmental

Protection Agency ("EPA") in 2008. Aocording to Section 182(a)(l) of CAA and EPA's

implementation rule f'or the 2008 oz,one standard (Proposed Rule. Junc 6,2013, 78 l"R
sources, and natural sources, The subjeot docurnçnt contains l)elaware

s base year

emission inventory SIP revision under the 8-hour ozone NAAQS set fbrth by the U.S.

Environmental Protection Agency ("liPA'o) in 2008.

In March of 2008, the EPA revised the 1997 8-hour ozone NAAQS of 0.08 parts

per million to 0.075 parts per million. l'he 2008 ozonc standard of 0.011 parts per million

is expectcd to provide better protection of public health and envíronment. In a final rule

on May 2012, the EPA dcsignated 46 areas in the country as non-attainment fbl the 2008

ozone standard, including New Castle County and Sussex County in Delaware.

To facilitate planning, Sections 182(aXl) and 172(c)(3) of the CAA require all

ozone non-attainment areas to establish a comprehensive, accurate and currerrt inventoryof actual emissions from all sources of the relevant pollutant(s) in the area by July 20,2014, which is two years after designation as non-attainment fbr the 2008 ozone standard.

"l'hc relevant pollutants that contribute to the atmospheric formation of ozone include

VOCs, NOx, and CO.

I)elaware has previously been designated non-attainment for ozone under the

1990 I -hour and the 1997 8-hour ozone standards, and has thus been sub.iect to this

emission inventory requirement sincc 1990. Delaware has developed emissions

inventories that meet the criterion of Sections 182(a)(1) and 172(cX3) of the CAA every

three years sincc 1990, and Delaware's latest comprehensive inventory of actual

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attainrnent aud rnaíntenance issues. 

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his was done by updatirrg plans and inventories,

and by adding new and revised regulatory control requirements. Delaware's SIP is

conrpiled in the code of Federal Regulations at 40 C.F.R. Part 52, Subpart 1 .

'l'he l)epartment's presiding heating officer, L,isa A. Vest, prepared a Hearing

Ollicer's Report datcd July 14, 2014 (Report). The Report recommends certain findings

and the adoption ofithe proposed revision to Delaware's State Implementation Plan firrrneeting the Clean Air Act ('CAA") requirements lbr the 8-hour ozone National Anrbient

Air Quality Standard ("NAAQS") set forth by the U.S. Enviroumental Protection Agency("EPA") in 2008, as attached to the Report as Appendix A.

Findings and Discussion

I find that the revised proposed revision to Delaware's aforementioncd SIP is

well-supported 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 tlte revised proposed SIP revision.

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

tlre record to support adoption of the revÍsed pr:oposed revision to the Delaware StatcImplernentation Plan (SIP) for meeting the Clean Air Act requit:etnents for the 8-hourozone National Ambient Air Quality Standard set fofth by the U.S. EnvironmentalProtection Agency ("IÌPA") in 2008. V/ith the adoption of this Order, Delaware will

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Order adopting tbis revi,ved proposed SIP revision as final;

2) The Department provided adequate public notice of the proposed SIP

revision, and providcd the public with an adequate oppodunity to conrment on the

proposed SIP tevision, including at the public hearing held on June 26, 2014;

3.) The Department held a public hearing on June 26, 2014, in order to

consider public comment before making any final decision;

4.) The Department's Hearing Officer's Report, inclucling its recommended

record and the reaolnmended revised SIP revision, as set forth in Appendix A, is adopted

to provide additional reasons and findings for this Order;

5.) The recommended revised revision to l)elaware's State Implementation

Plan (SIP) for rneeting the Clean Air Act requirements for the 8-hour ozone National

Ambient Air Quality Standard set forth by the U.S. Environmental Protection Agency

("EPA") in 2008 should be adopted as final, thereby enabling Delaware to (l)

dernonstrate tliat the contingency requirelnents listed in Section 182(aXl) of the CleanAir Act (CAA) are met; and (2) because the revision is well supported by documents in

the recold;

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David S. Small

Secretary

Áhc¡À SIP lìev.20l I llasc Yr llmissions lnv. t'or VOC NOx and CO 20l4.OltD

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