STATE OF DELAWARE

DEPARTMENT OF NATURAL RESOURCES

AND ENVIRONMENTAL CONTROL

OFFICE OF THE

SECRETARY

89 KINGS HIGHWAY

DOVER, DELAWARE 19901

May 29,2013

PHONE: (302) 739-9000

FAX: '(302) 739-6242

Mr. Shawn M. Garvin (3RAOO)

Regional Administrator, Region III

U.S. Environmental Protection Agency

1650 Arch Street

Philadelphia, PA 1

I am pleased to submit the enclosed revision to the State of Delaware State Implementation Plan

(SIP) to address the implementation, maintenance, and enforcement of the 2010 Sulfur Dioxide (N02)

National Ambient Air Quality Standard (NAAQS). Pursuant to sections 110(a) and 110(a)(2) of the

Clean Air Act (CAA), each State is required to submit to EPA a SIP to provide for the implementation,

maintenance, and enforcement of a newly promulgated or revised NAAQS. The Department revised the

SIP to include a document that demonstrates Delaware has fulfilled this requirement of Section

110(a)(2)(A)-(M) relative to the 2010 N02 NAAQS. The effective date of this revision is June II ,

2013.

The requirements of the CAA Section 110(a)(2)(A) have been met through the normal public

hearing process established by the State of Delaware with proper notification (30 days) prior to the

convening of the public hearing. A public hearing was held on April 24, 2013. Attachments A and B

are copies of affidavits as proof of proper notification. It is the position of the State of Delaware that all

minimum requirements set forth in the 1990 Clean Air Act Amendments have been met.

Also enclosed with this submittal is a CD which contains an exact duplicate of the hard copy

material submitted with this SIP revision package.

We look forward to continuing the cooperative effort between Delaware and EPA in this

important work. As always, feel free to contact me or Ali Mirzakhalili, Director, Division of Air

Quality, (302) 739-9402, if you have any questions concerning the enclosed documents.

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Secretarynp=

Enclosures

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Diana Esher, EPA wlencl.

Ali Mirzakhalili
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Implementation, Maintenance,

And Enforc.ement of

National Ambient Air Quality

Standards (NAAQS)

State Implementation Plan Revision to address

the Clean Air Act Section 110 Infrastructure

Elements For the

2010 Sulfur Dioxide NAAQS

May 20, 2013

Final

Delaware Department of Natural Resources and Environmental

. Control, Division of Air Quality
TABLE OF CONTENTS

1.0 Introduction and Background 3

2.0 SIP Revision 7

3.0 Conclusion 16

2

f

i.
1.0 Background

Effective August 23, 2010, the Environmental Protection Agency (EPA) established a new 1-

hour primary National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (SOz) at a

level of75 parts per billion (Ppb), based on a 3-year average of the annual 99th percentile of 1-

hour daily maximum concentrations.! Pursuant to sections 110(a)(1) and 110(a)(2) of the Clean

Air Act (CAA), each state is required to submit to the EPA a State Implementation Plan (SIP) to

provide for the implementation, maintenance, and enforcement of a newly promulgated or

revised NAAQS.z This SIP revision fulfills this requirement relative to the 2010 SOz NAAQS.

A SIP is a state plan that identifies how'that state will attain and maintain air quality that

conforms to each primary and secondary NAAQS. The SIP is a complex, fluid document

containing regulations, source-specific requirements, and non-regulatory items such as plans and

emission inventories.

Delaware's initial SIP was approved by the EPA on May 31, 1972. Since this initial approval,

the Delaware SIP has been revised numerous times to address air quality non-attainment and

maintenance issues. This was done by updating plans and inventories, and adding new and

revised regulatory control requirements. Delaware's SIP is compiled in the Code of Federal

Regulations at 40 C.F.R. Part 52 Subpart I.

Section 2.0 of this document is a revision to Delaware's SIP. The purpose of this SIP revision is

to detail how Delaware meets all of the necessary implementation, maintenance, and

enforcement measures required by the CAA, specifically, CAA ~110(a)(2), relative to the 2010

SOz NAAQS. Under the heading "Delaware's Plan" in Section 2.0 of this document Delaware

provides a revision to its SIP to address those requirements of Section 110(a)(2)(A)-(M) of the

CAA which have not been addressed in other SIP revisions. It is a compilation of certain

elements that describe how the 2010 SOz NAAQS is being implemented, maintained and

enforced. The elements of this SIP revision, once approved by EPA, will provide a federally

enforceable written confirmation that Delaware will continue to comply with the Section

110(a)(1) and (2) re~uirements of the CAA.

Legislative authority for the Delaware air quality program relating to the responsibilities in the

CAA is codified in Title 7 "Conservation" of the Delaware Code, Chapter 60 - Delaware's

comprehensive water and air resources conservation law3, which gives the Delaware Department

of Natural Resources and Environmental Control (DNREC) the power and duty to implement the

provisions of the CAA in the State of Delaware.

1 75 FR35520

2 SIPs meeting CAA ~llO(a)(l) and (2) are also known as "infrastructure" SIPs.

3 Referred to in this document as "7 Del. Q." followed by the specific section citation (e.g., ~6005).

3
Many of the miscellaneous requirements of Section 110(a)(2)(A)-(M) of the CAA relevant to the

2010 S02 NAAQS are already contained in Delaware's SIP. The following Table identifies

those SIP provisions. The following Table also identifies those infrastructure requirements

which are not applicable to Delaware.

Table 1-1 110(a)(2)(A)-(M) Requirements in the Current State of Delaware SIP

Where

Provisions in the Current Codified or

Section 110(a) Delaware SIP or recent SIP approved by

element Summary of element revisions Submittals EPA

~110(a)(2)(A) Include enforceable emission For the 2010 S02 NAAQS, the 40 CFR 52.420(c)

limitations and other control following emission limitations and

measures, means, or techniques schedules contained in Delaware's

(including economic incentives approved SIP.

such as fees, marketable permits, • 7 DE Admin. Code 1101\

and auctions of emissions rights), Definitions And Administrative

as well as schedules and timetables Principles

for compliance as may be • 7 DE Admin. Code 1108, Sulfur

necessary or appropriate to meet Dioxide Emissions From Fuel

the applicable requirements of this Burning Equipment

Act. • 7 DE Admin. Code 1109, Emissions

Of Sulfur Compounds From

Industrial Operations

• 7 DE Admin. Code 1110, Control

Of Sulfur Dioxide Emissions Kent

And Sussex Counties

• 7 DE Admin. Code 1127, Stack

Heights

• 7 DE Admin. Code 1136, Acid Rain

Program

• 7 DE Admin. Code 1144,

Stationary Generator Emissions,

November 1,2007

• 7 DE Admin. Code 1145, Excessive

Idling Of Heavy Duty Vehicles,

August 12,2005

• 7 DE Admin. Code 1146 Electric

Generating Unit (EGU) MultiPollutant Regulation, November 21,

4 Delaware's air quality regulations are codified in Delaware's administrative code, - Title 7 Natural Resources and

Environmental Control, 1100 Air Quality Management Section. Citations are expressed in this document as "7 DE

Admin. Code" followed by the specific subpart of 1100. All portions of the DE Admin. Code referred to in this

document are already included in Delaware's SIP.

4
2006

~110(a)(2)(B) Provide for establishment and 7 DE Admin. Code 1117 Source 40 CFR 52.420(c)

operation of appropriate devices, Monitoring, Record Keeping And

methods, systems, and procedures Reporting and 7 DE Admin. Code

necessary to - (i) monitor, 1103, Ambient Air Quality Standards,

compile, and analyze data on provides for the establishment and

ambient air quality, and (ii) upon operation of procedures necessary to

request, make such data monitor, compile and analyze data

available to the Administrator. related to ambient air quality.

~110(a)(2)(C) Include a program to provide for Delaware implements its Construction 40 CFR 52.420(c)

the enforcement of the measures and Operation Permit Program

described in subparagraph (A) and requirements under 7 DE Admin. Code

regulation of the modification and 1102 and 1125. These existing

construction of any stationary permitting programs ensure that the

source within the areas covered by construction and modification of both

the plan as necessary to assure that major and minor stationary sources do

national ambient air quality not cause or contribute to a violation of

standards are achieved, including a the S02 NAAQS.

permit program as required in parts

CandD; 7 DE Admin Code 1125 fulfills parts C

and D of Title I ofthe CAA; governing

preconstruction review and permitting

of any new or modified major

stationary sources of air pollutants.

1125 is approved in the DE SIP.

Under 1125 any major source or

modification that results in a net

significant increase of S02 (40 TPY or

greater) must apply Best Available

Control Technology (BACT) to reduce

S02 emissions.

7 DE Admin. Code 1102 provides for

the evaluation and necessary regulation

of any stationary source that emits

equal to or greater than 0.2 Ib of any

air contaminate, including S02, in any

one day.

In addition, the measures described in

CAA 110(a)(2)(A) are enforced, in

part, through permits issued pursuant

to DE Admin. Codes 1102 and 1125.

~110(a)(2)(E)(iii) (iii) necessary assurances that, The requirements of ~IlO(a)(2)(E)(iii)

where the state has relied on a local are not applicable to Delaware

or regional government, agency, or because it does not rely on localities

instrumentality for the for specific SIP implementation.

implementation of any plan

provision, the state has

responsibility for ensuring adequate

implementation of such plan

provision;

5
~1l0(a)(2)(F)

~110(a)(2)(G)

~110(a)(2)(I)

~1l0(a)(2)(J)

(PSD)

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;

Provide for authority comparable to

that in section 303 and adequate

contingency plans to implement

such authority;

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);

Meet the applicable requirements

of part C (relating to prevention of

significant deterioration of air

Quality and visibility protection);

6

~110(a)(2)(F)(i): Specific monitoring 40 CFR 52.420(c)

requirements are found throughout the

State of Delaware Regulations

Governing the Control of Air

Pollution, to include to DE Admin.

Codes 1117 and 1103. These

requirements are included in

Delaware's SIP, as necessary.

~11O(a)(2)(F)(ii): Specific emission

reporting requirements are found

throughout the State of Delaware

Regulations Governing the Control of

Air Pollution, to include DE Admin.

Code 1117. These requirements are

included in Delaware's SIP.

These regulations in Delaware's

approved SIP that are listed in 40 CFR

52.420(c) also apply to the 2010 S02

NAAQS.

7 DE Admin. Code 1115, Air Pollution 40 CFR 52.420(c)

Alert and Emergency Plan, contains

emergency episode plan provisions that

are currently approved in Delaware's

SIP.

Part D pertains to general

requirements for nonattainment

areas. This does not apply

because no part of Delaware is

designated nonattainment for

the 2010 S02 NAAQS.

Delaware's PSD requirements are

promulgated in 7 DE Admin. Code

1125, Preconstruction Review.
2.0 SIP Revision

This SIP revision addresses those requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act

(CAA) which have not been addressed in other SIP revisions for the 2010 S02 NAAQS. Each of

the requirements of ~110(a)(2) ofthe 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, to include the requirements associated with the 2010 S02 NAAQS. Delaware

may make changes to its laws and regulations that it believes in its discretion are

appropriate, while continuing to fulfill this obligation.

At present, Delaware's statutory authority is set out in Title 7 "Conservation" of the

Delaware Code, Chapter 60 - Delaware's comprehensive water and air resources

conservation law. Legislative authority giving the Secretary of the Delaware Department

of Natural Resources and Environmental Control the authority to promulgate Regulations

is codified at 7 Del. C., Chapter 60. This authority is applicable to the 2010 S02

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 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

make changes that it believes in its discretion are appropriate, while continuing to fulfill

this obligation. At present, Delaware does this as follows for the 2010 S02 NAAQS:

• Delaware maintains and operates a multi-station network of ambient monitors

throughout the State to measure ambient air quality levels within Delaware for

comparison to each NAAQS as required by 40 CFR Part 58. Delaware currently

7
measures and reports S02 concentrations from our monitoring sites located in

Wilmington near MLK Boulevard, Delaware City, Bellefonte, Summit Bridge; and

Lewis.

• All data is measured using U.S. EPA approved methods as either Reference or

Equivalent monitors; all monitors are 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 Part 58, Appendix E. The data is submitted to

the EPA's Air Quality System (AQS) system, in a timely manner in accordance to the

scheduled prescribed by the U.S. EPA in 40 CFR Part 58.

• In order to keep EPA informed of changes to the sampling network Delaware

provides EPA Region III with prior notification of any planned changes to the

network. As needed, details of these changes and anticipated approvals of the

changes are communicated to EPA. On an annual basis, Delaware sends EPA a

monitoring network plan as required by 40 CFR Part 58 Section 10: Annual

monitoring network plan and periodic network assessment. This plan contains all

required information including site and monitor description, analysis methods,

operating schedule, monitoring objectives and scale of representativeness, as well as

information on any planned changes. Delaware 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 submit 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

CFRPart 58.

• Other requirements of the 2010 S02 NAAQS include fully operational S02 air quality

monitoring network in place by January 1, 2013. Based on census and emissions

data, Delaware has the appropriate number and location of S02 monitors in New

Castle County and in Sussex County. All monitors are operational as of January I,

2013.

(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.

Delaware's Plan: Delaware has established and currently operates a program to provide

for the enforcement of the enforceable 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

8
covered by its SIP as necessary to assure the NAAQS are achieved, including permit

programs required in parts C and D.. At present, Delaware, through its Division of Air

Quality, exercises its programmatic authority to utilize the enforcement powers set out in

7 Del. C. ~6005 entitled "Enforcement; civil and administrative penalties; expenses"; 7

Del. C. ~6013 entitled "Criminal penalties"; and 7 Del. C. ~6018 entitled "Cease and

desist order." Delaware will continue to operate this program and may makes changes

that it believes in its discretion are 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 other type of emissions activity within the

State from emitting any air pollutant in amounts which will - (I) contribute significantly

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) insuring compliance with the applicable requirements of sections 126 5 and

115 6 (relating to interstate and international pollution abatement).

5 ~126(a) - Each plan shall (I) require each major proposed new or modified source (A) subject to Part C or (D)

which may significantly contribute to pollution 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

~11O(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.

6 ~115(a) - Whenever EPA, upon receipt of reports, 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 Secretary 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 invited 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 conference, rescinds any such recommendation.

9
Delaware's Plan: Delaware's SIP presently contains adequate provisions prohibiting

sources from emitting air pollutants in amounts which will contribute significantly to

non-attainment or interfere with maintenance with any NAAQS, to include the 2010 S02

NAAQS, and to prevent interference with measures related to preventing significant

deterioration of air quality or which have to date proved adequate to protect visibility and

to address interstate and international pollutant abatement; however, Delaware may make

changes that it believes in its discretion are appropriate, while continuing to fulfill this

obligation. At present, Delaware's legal authority is contained in the following:

• Delaware Code Title 7, Chapter 60 ~ 601O(c). Rules and regulations; plans. The

Secretary may formulate, amend, adopt and implement, after public hearing, a

statewide air resources management plan to achieve the purpose of this chapter and

comply with applicable federal laws and regulations. Since 1l0(a)(2)(D) is in the

CAA, and thus a law, Delaware has the legal authority to regulate sources of

interstate transport to areas in nonattainment, or in those areas maintaining the

NAAQS, if they were previously nonattainment.

• 1l0(a)(2)(D)(i)(I): While the U.S. Environmental Protection Agency (EPA) has not

yet designated any area of the country as nonattainment for the 2010 S02 NAAQS, on

February 7, 2013 the EPA did send letters to state and tribal leaders outlining the

areas it is considering designating as nonattainment. The nearest area to Delaware

that EPA is considering designating nonattainment is Indiana County, Pennsylvania,

which is about 280 kilometers west of the northern borders of Delaware.

• S02 is readily removed from the atmosphere through processes such as scavenging,

chemical reactions, soil and surface water absorption, and dry deposition. Because of

these removal processes the highest ambient concentrations of S02" emissions

generally occur relatively close to one or a few key S02 sources in an area (often

within 10-20 kilometers of that parent source or sources) and decrease quickly as the

distance from an S02 source increases.? Thus, from an air quality management

perspective, the S02 NAAQS is considered to be a "source-oriented" NAAQS rather

than a "regional" one (i.e., more similar to the lead NAAQS than the ozone NAAQS).

Accordingly, in order for S02 emissions from Delaware to contribute significantly to

nonattainment in, or interfere with maintenance by, any other state, the nonattainment

or maintenance area would need to be located in close proximity to a source in

Delaware.

7 For modeling purposes, EPA recommends using an 802 urban half-life of 4 hours (40 CFR Part 51, Appendix

~ .

10
Given that 1) the "nearest" area that EPA is considering designating as nonattainment

is Indiana, PA, which is geographically upwind of Delaware 8 and far away from the

closest Delaware border, 2) urban S02 emissions decrease exponentially over time

and distance, 3) the S02 NAAQS is considered to be a "source-oriented" NAAQS

rather than a "regional" one and 4) EPA has indicated that it is not considering

designating as nonattainment any area near enough to Delaware to be significantly

impacted by Delaware's S02 emissions; Delaware emissions do not significantly

contribute to nonattainment in, or interfere with maintenance by, any other area with

respect to the 2010 S02 NAAQS.

• All major stationary sources are subject to Prevention of Significant Deterioration

(PSD) permitting programs under the PSDof 7 DE Admin. Code 1125,

Preconstruction Review. The requirements of 1125 ensure no new or modified

S02 emitting source will cause or contribute to non-attainment in any area.

• 110(a)(2)(D)(i)(II): The requirements of CAA 110(a)(2)(D)(i)(II) are met by new

major sources and major modifications in Delaware being subject to the PSD

requirements which are contained in Section 3.0 of 7 DE Admin Code 1125,

Preconstruction Review. The visibility prong of sl10(a)(2)(D)(i)(II) has been

met through an approved regional haze state implementation plan (SIP).

Delaware's regional haze SIP was approved on July 19,.2011 (76 FR 42557).

• 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 state (and, as appropriate, local) law to carry out such implementation plan (and is

not prohibited 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 128,9 and (iii) necessary assurances

that, where the state has relied on a local or regional government, agency, or

8 The prominent wind direction on the east coast is westerly (i.e., the winds are predominately from Indiana, PA

to Delaware).

9 ~128 (a) each plan shall contain requirements that - (1) any board or body which approves permits or

enforcement orders shall have at least a majority of members who represent the public interest and do not derive

any significant portion of their income from persons subject to permits or enforcement. orders, and (2) any

potential conflicts of 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 respecting 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). .

11
instrumentality for the implementation of any plan provision, the state has responsibility

for ensuring adequate implementation of such plan provision.

The elements of sII0(a)(2)(E) (iii) are not applicable to Delaware as discussed in Section

1.0 of this document.

Delaware's Plan: For sI1O(a)(2)(E)(i), Delaware has adequate authority under state law

pursuant to 7 Del. C. Chapter 60 to carry out its SIP obligations with respect to the 2010

S02 NAAQS. DNREC does not believe that there is any prohibition 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, DNREC believes its funding sources are sufficient to provide

adequate personnel for those purposes; however, Delaware may makes changes that it

believes in its discretion are appropriate, while continuing to fulfill this obligation.

At present Delaware fulfills this obligation by virtue of having adequate personnel and

funding through the CAA SI05 grant 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

penalties or fines under 7 Del. C. Chapter 60. The Division of Air Quality is responsible

for developing, implementing, and enforcing the SIP. Delaware does not anticipate the

need for additional resources beyond those to be appropriated in the above manner to

carry out its SIP requirements.

For 9 1l0(a)(2)(E)(ii), Delaware finalized a SIP document that satisfies CAA

sI1O(a)(2)(E)(ii) and S 128 by including in the SIP applicable requirements of29 Del. C.,

Ch. 58, "Laws Regulating the Conduct of Officers and Employees of the State." This

final document was submitted to the EPA as a SIP revision on January 11,2013 and was

approved and published in the Federal Register on April 17,2013 (78 FR 22785).

(F) ~110(a)(2)(F) Requirement: 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.

Delaware's Plan: Delaware requires that owners or operators of stationary sources

monitor and submit periodic reports on the nature and amounts of S02 emissions and

emissions related-data 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

12
•

Delaware law. Delaware will continue to require reporting 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 records, reports or information obtained by the

Department or referred to at public hearings available to the public pursuant to the

provisions of the Delaware Freedom ofInformation Act, 29 Del. C. Chapter 100.

(G) ~110(a)(2)(G)Requirement: Provide for authority comparable to that in section 303

and adequate contingency plans to implement such authority; 10

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 appropriate, while continuing to fulfill this obligation.

7 Del. C. ~ 6003(a)(1) requires a permit from 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 permanent injunction or temporary restraining order for any discharge of

an air contaminant without a permit, and issue cease and desist orders for violations (7

Del. C. ~ 6018). Thus, it necessarily follows that any discharge of an air contaminant,

including S02, that would cause imminent & substantial endangerment to the health,

safety and welfare of the people of the State of Delaware or the environment would

constitute a sufficient basis for the Secretary to seek an injunction or temporary

restraining order to halt the ~iolation.

(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

10 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 appropriate 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 contributing to such

pollution 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 action, 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.

13
of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the

Administrator finds on the basis of information available to the Administrator that the

plan is substantially inadequate to attain the national ambient air quality standard which

it implements or to otherwise comply with any additional requirements 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 such primary or secondary NAAQS or the

availability of improved or more expeditious methods of attaining such standard and

whenever the Administrator 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 otherwise 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).

Delaware's Plan: This does not apply because no part of Delaware is designated

nonattainment for the 2010 S02 NAAQS.

(J) ~110(a)(2)(J)Requirement: Meet the applicable requirements of section 121 (relating

to consultation), section 127 (relating to public notification), and part C (relating to

prevention of significant deterioration of air quality and visibility protection). II

Delaware's Plan: Delaware will meet the applicable requirements of section 121

(relating to consultation), section 127 (relating to public notification), and part C (relating

to prevention of significant deterioration of air quality and visibility protection); but may

makes changes that it believes in its discretion are appropriate, while continuing to fulfill

this obligation. At present, Delaware does so utilizing the following:

11 ~121. - In carrying out requirements for plans to contain - (1) any transportation controls, air quality

maintenance plan requirements or preconstruction review 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 requirements of ~113(d), the State shall

provide a satisfactory process of consultation with general purpose local governments, designated organizations

of elected officials of local governments and any FLM having authority over Federal land to which the State

plan applies. Such process shall be in accordance with regulations promulgated by EPA. Only a general purpose

unit of local government, regional agency, or council of governments adversely affected by action of EPA

approving any portion of a plan may petition for judicial review.

~127. (a) - Each plan shall contain measures to regularly notify the public of when 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.

14

•
• 7 DE Admin. Code 1132, Transportation Conformity, provides a legal platform for

the various consultation procedures that have been developed between DNREC,

DELDOT, and the Metropolitan Planning Organizations (MPOs). The MPOs provide

a forum for consultation with local governments. Delaware's MPOs are:

WILMAPCO, Kent County MPO, and the Salisbury-Wicomico MPO. Regional

planning organizations provide the forum for inter-state consultations. Additionally,

consultations with Federal Land Managers are on-going in accordance with EPA

Rules. All SIP revisions and new/amended regulations undergo public notice and

hearing, pursuant to 7 Del. C. Chapters 29 and 60, which include publication in the

newspapers and in the Delaware Register, and which have allowed for comment by

the both the public and local political subdivisions. Delaware believes the public

notice and hearing processes also fulfills the section 121 consultation process. The

submitted attainment plans and regulations in the approved Delaware SIP specify the

organizations responsible for implementing and enforcing the plans.

• DNREC makes real-time and historical air quality information available on its Web

site.

• PSD requirements necessary to implement the 2010 S02 NAAQS are SIP approved

and implemented through the requirements of 7 DE Admin. Code 1125,

Preconstruction Review.

• With regard to visibility protection, there are no new applicable visibility protection

obligations under section IIO(a)(2)(J) as a result of the 2010 S02 NAAQS. Delaware

is complying with, and will continue to comply with the visibility protection and

regional haze program requirements under Part C of the CAA.

(K) ~110(a)(2)(K)Requirement: Provide for - (i) the performance of such "air quality

modeling as the Administrator may prescribe for the purpose of predicting the effect

on ambient air quality of any emissions of any air pollutant for which the Administrator

has established a national ambient air quality standard, and (ii) the submission, upon

request, of data related to such air quality modeling to the Administrator.

Delaware's Plan: Delaware has the authority and technical capability to conduct air

quality modeling in order to assess the effect on ambient air quality of relevant pollutant

emissions, and will continue to perform modeling as necessary, but may make changes

that it believes in its discretion are appropriate, while continuing to fulfill this obligation.

Delaware will continue to submit to the EPA the Air Quality modeling data as part of

Delaware's relevant SIP submissions, permit actions,12 and through federal grant

commitments or in other ways that EPA may request.

12 Pennit modeling requirements are specified in Section 3.0 of DE Admin Code 1125, Requirements for

Preconstruction Review, as approved by EPA on October 2, 2012 (77 FR 60053).

15
(L) ~110(a)(2)(L)Requirement: Require the owner or operator of each major 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

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 major 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 sources by the Administrator's approval

of a fee program under title V pursuant to Delaware law. Delaware currently fulfills this

under the enabling authority of 7 Del. C. SS 6095 to 6099 and fee legislation that

currently is renewed every three years. Delaware has a fully approved Title V operating

permits program. See paragraphs (b) and (c) under "Delaware" in Appendix A to 40

CFR Part 7o-Approval Status of State and Local Operating Permits Programs.

Delaware may make changes that it believes in its discretion are appropriate, while

continuing to fulfill this obligation.

(M) ~110(a)(2)(M) Requirement: Provide for consultation and participation by local

political subdivisions affected by the plan.

Delaware's Plan: Delaware will continue to provide for consultation and participation

by local political subdivisions affected by the SIP pursuant to the public notice laws

found in 7 Del. C. S 6006 and 6010 and 29 Del. C. Chapters 10003, 10004 and 10115, as

applicable. Furthermore, all SIP revisions undergo public notice and hearing which have

allowed for comment by the public which includes local political subdivisions. The

public notice and hearing processes fulfill the requirements for consultation with IC?cal

political subdivisions affected by the SIP.

3.0 Conclusion

Based on the information provided above, Delaware fully complies with the requirements of

S110(a)(2)(A) through S110(a)(2)(M) for the 2010 S02 NAAQS.

16

...
STATE OF DELAWARE

DEPARTMENT OF NATURAL RESOURCES

AND ENVIRONMENTAL CONT"ROL

OFFICE OF THE

SECRETARY

89 KINGS HIGHWAY

DOVER, DELAWARE 19901

Secretary's Order No.: 2013-A-0019-

PHONE: (302) 739-9000

FAX: (302) 739-6242

RE: Approving Final Revision to Delaware's State Implementation Plan (SIP) for

the Implementation, Maintenance and Enforcement of the 2010 Sulfur Dioxide

(S02) National Ambient Air Quality Standard (NAAQS), Pursuant to the

Requirements of Section 1l0(a)(2)(A)-(M) of the Federal Clean Air Act (CAA)

Date of Issuance: May 29, 2013

Effective Date of the Amendment: June 11,2013

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

Resources and Environmental Control ("Department" or "DNREC") the following

findings, reasons and conclusions are entered as an Order of the Secretary in the abovereferenced rulemakirtg 'proceeding.

Background and Procedural History

This Order considers the proposed revision to the Delaware State Implementation

Plan (SIP) that addresses the requirements of Section 110(a)(2)(A)-(M) of the federal

Clean Air Act (CAA) for the 2010 Sulfur Dioxide (S02) National Ambient Air Quality

Standard (NAAQS). Effective June 2, 2010, the U.S. Environmental Protection Agency

(EPA) strengthened the sulfur dioxide NAAQS by adding a new I-hour standard of 75

parts per billion. Section 110(a) of the Clean Air Act requires States to submit to EP:~ a
SIP that p~ovides for implem,emation, maintery.ance, and enforcement of a ,newly

promulgated Of revised NA(\QS. Section 11?(a)(2) lists th~ ,e:~~~en~s,that. are to

comprise the implen.wntatior! plan., whicb include basic program. ,elements, such as

. . . . .~.

enforceable emission ,limitat.ions" and control ,measures, air quality monitoring and

.' . - . -., '. '. . .' ..", '. .:._:.' . .

modeling, a permitting program, adequate funding and personnel, authority under state

law to carry o,u~th.e plan,. emissions reporting, emergency pow:ers, public partis;ipation,

. . ~ ; .' .' -, . '. . I. "

and fee collection.

The propo,s~d SIP document discusses how Delaware meets. each requirement of

Section J 10(a)(4)(A)-(M) of. the Clean air .Act for the 2010 .sulfur dioxide NAAQS,

:... .' . . . '. . .. ; . .

Becaus~ there have. been NAAQS.in exist~nce for many years that .:',oversulfur dioxide,

. • • •• " I • '. • .' : .' ',' -. .'. . ~. - _..... • . "

the .Clean A,ir Act Se~tion U0 infrastruc;turt( requirements are ..already substantially

• t '. ). .' ~ • • . • • . '.' . . •

addr~ssed in Delaware'.S SIP. Consequently, this reVISIOnCODJ~i1nsno new rules or

regulation~. ,

The Department publi.~hed its initial proposed reVISIon tathe, aforementioned

Delaware SIP intheApril l~2013 [)elaware Register of Regulations, and held a public

hearing on April 24, 2013. It should be noted that no members of the public attended the

aforementioned hearing held by the Department, however, commefl.t was received from

EPA on April 22, 2013 with regard to this proposed SIP. The Department thoroughly

reviewed EPA's comments and responded to the same fully by adding some additional

citations and references vv'ithinthe Plan for improved clarity and understanding.

The SIP is a complex, fluid document containing regulations, source-specific

'requirements, and non-regulatory items such as plans and emission inventories.

Delm,vare's initial SIP 'was approved by the EPA on May 31, ] 972. Since that initial

2
... -~ .

approval, the Delaware SIP has been revised numerous times to address air quality nonattainment and maintenance issues. This was done by updating plans and inventories,

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

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

The Department's presiding hearing officer, Lisa A. Vest, prepared a Hearing

Officer's Report dated May 28, 2013 (Report). The Report recommends certain findings

and the adoption of the proposed revision to Delaware's State Implementation Plan,

which addresses the requirements of Section 110(a)(2)(A)-(M) of the federal Clean Air

Act (CAA) for the 2010 Sulfur Dioxide (S02) National Ambient Air Quality.Standard

(NAAQS), as attached to the Report as Appendix A.

Findings and Discussion

I find that the proposed revision to Delaware's aforementioned SIP is wellsupported 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 record

and drafted.the proposed SIP revision.

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

the record to support adoption of the proposed revision to the Delaware State

Implementation Plan (SIP) that addresses the requirements of Section 110(a)(2)(A)-(M)

of the federal Clean Air Act (CAA) for the 2010 Sulfur Dioxide (S02) National Ambient

Air Quality Standard (NAAQS). With the adoption of this Order, Delaware will once

again demonstrate that the contingency requirements of the Clean Air Act (CAA) are

met.

3
In conclusion, the following findings and conclusions are entered:

1.) The Department has jurisdiction under its statutory authority to issue an

.Order adopting this proposed SIP revision as final;

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

revision, and provided the public with an adequate opportunity to comment on the

proposed SIP revision, including at the public hearing held on April 24, 2013;

3.) The Department held a public hearing on April 24, 2013, in order to

consider public comment before making any final decision;

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

record and the recommended SIP revision, as set forth in Appendix A, is adopted to

provide additional reasons and findings for this Order;

5.) The recommended revision to Delaware's State Implementation Plan (SIP)

which addresses the requirements of Section 110(a)(2)(A)-(M) of the federal Clean Air

Act (CAA) for the 2010 Sulfur Dioxide (S02) National Ambient Air Quality Standard

(NAAQS) should be adopted as final, thereby enabling Delaware to (1) demonstrate that

the contingency requirements of the Clean Air Act (CAA) are met; and (2) because the

revision is well supported by documents in the record;

6.) The Department shall submit this Order approving the final revision to

Delaware's State Implementation Plan (SIP) that addresses the requirements of Section

110(a)(2)(A)-(M) of the federal Clean Air Act (CAA) for the 201 o Sulfur Dioxide (S02)

National Ambient Air Quality Standard (NAAQS) to the Delaware Register of

4
Regulations for publication in its next available issue, and provide such other notice as

the law and regulation require and the Department determine~ is appropriate.

,.,.

~c II' P O~M--~- o Ill. ara

Secretary

Ahear\ SIP Revisions.S02 NAAQS.20 13.0RD

5
,

"

TO:

FROM:

RE:

DATE:

MEMORANDUM

The Honorable Collin P. O'Mara

Cabinet Secretary, 'Dept. of Natural Resources and Environmental Control

LisaA. vest# .' .

Public Hearing Officer, Office ofthe Secretary

Department of Natural Resources and Environmental Control

Proposed Amendments to the Delaware State Implementation Plan (SIP)

for the Implementation, Maintenance and Enforcement of the 2010 Sulfur

Dioxide (S02) National Ambient Air Quality Standard (NAAQS),

Pursuant to the Requirements of Section 110(a)(2)(A)-(M} of the federal

Clean Air Act (CAA)

May 28,2013

I. Background:

A public hearing was held on Wednesday, April 24, 2013, at 6:00 p.m. at the

J;)epartment of Natural Resources and Environmental Control ("DNREC",

"Department"), 89 Kings Highway, Dover, Delaware to receive comment on proposed

revisions to the Delaware State Implementation Plan (SIP) that addresses the

requirements of Section 110(a)(2)(A)-(M) of the federal Clean Air Act (CAA) for the

2010 Sulfur Dioxide (S02) National Ambient Air Quality Standard (NAAQS). Effective

June 2, 2010, the u.S. Environmental Protection Agency (EPA) strengthened the sulfur

dioxide NAAQS by adding a new 'I-hour standard of75 parts per billion. Section 110(a)

of the Clean Air Act requires States to submit to EPA a SIP that provides for

implementation, maintenance, and enforcement of a newly promulgated or revised

NAAQS. Section 110(a)(2) lists the elements that are to comprise the implementation

plan, which include basic program elements such as enforceable emission limitations and
control measures, air quality monitoring and modeling, a permitting program, adequate

funding and personnel, authority under state law to carry out the plan, emissions

reporting, emergency powers, public participation, and fee collection.

The proposed SIP document discusses how Delaware meets each requirement of

Section 1l0(a)(2)(A)-(M) of the Clean Air Act for the 2010 sulfur dioxide NAAQS.

Because there have been NAAQS in existence for many years that cover sulfur dioxide,

the Clean Air Act Section 110 infrastructure requirements are already substantially

addressed in Delaware's SIP. Consequently, this revision contains no new rules or

regulations.

The SIP IS a complex, fluid document containing regulations, source-specific

requirements, and non-regulatory items such as plans and emission inventories.

Delaware's initial SIP was approved by the EPA on May 31, 1972. Since that initial

approval, the Delaware SIP has been revised numerous times to address air quality nonattainment and maintenance issues. This was done by updating plans and inventories,

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

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

The Department published its initial proposed revision to the aforementioned

Delaware SIP in the April 1, 2013 Delaware Register of Regulations, and held a public

hearing on April 24, 20~3. It should be noted that no memQers of the public attended the

aforementioned hearing held by the Department, however, comment was received from

EPA on April 22, 2013 with regard to this proposed SIP. The Department thoroughly

" " "

reviewed EPA's cOIl1IIlentsand responded to the" same fully by adding some additional

2
citations and references within the Plan for improved clarity and understanding. Proper

notice of the hearing was provided as required by law.

II. Summaryof HearingRecord:

At the time of the hearing on April 24, 2013, David Fees, Managing Engineer of

the Airshed Planning and Inventory Group for the Department's Division of Air Quality

("DAQ") offered the Department's six (6) exhibits pertaining to these proposed

amendments, and this Hearing Officer entered them into the formal hearing record

developed in this matter. Included within those Departmental exhibits were copies of the

legal notices regarding the holding of the aforementioned public hearing, a copy of the

Register Notice as it appeared in Delaware's Register o/Regulations on April 1, 2013,

and copies of Delaware's proposed State Implementation Plan (SIP) for the requirements

of Section 1l0(a)(2)(A)-(M) of the federal Clean Air Act (CAA) for the 2010 Sulfur

Dioxide (S02) National Ambient Air Quality Standard (NAAQS). Again, no members of

the public attended the aforementioned hearing held by the Department, however,

comment was received from EPA on April 22, 2013 with regard to this proposed SIP.

The Department thoroughly reviewed EPA's comments and responded to the same fully

by adding some additional citations and references within the Plan for improved clarity

and understanding. .

For the Secretary's review, and in order for the Secretary to gain a thorough

understanding of this proposed promulgation, copies of the above-referenced proposed

revisions to Delaware's State Implementation Plan (SIP) for the 2010 Sulfur Dioxide

(S02) National Ambient Air Quality Standard (NAAQS) are attached hereto as Appendix

,.

"A", and the same are expressly incorporated into this Hearing Officer's Report.

3
It should be noted that the Department adhered to all appropriate Delaware

statutes and the regulatory development process in this matter, and that the Department

,

has met the required public notice obligations regarding these proposed amendments. It

should also be noted that the Department has reviewed this proposed amendment in the

light of the Regulatory Flexibility Act, and believes the same to be lawful, feasible and

desirable, and that the recommendations as proposed should be applicable to all Delaware

citizens equally.

III. Conclusions and Recommendations:

Based on the record developed in this matter, I conclude that the Department has

provided appropriate reasoning regarding the need for Delaware's proposed State

Implementation Plan. Accordingly, I recommend promulgation of the same in the

customary manner provided by law.

Further, I recommend the following findings:

1. The Department has jurisdiction under its statutory authority, 7 Del.C.,

Chapter 60, to make a determination in this proceeding;

2. The Department provided adequate public notice of the proceeding and the

public hearing in a manner required by the law and regulations;

3. The Department held a public hearing in a manner required by the law and

regulations;

4. The Department has reviewed the aforementioned proposed amendments in

the light of the Regulatory Flexibility Act, and believes the same to be lawful,

4
feasible and desirable, and that the recommendations as proposed should be

applicable to all Delaware citizens equally;

5. The aforementioned proposed amendments to Delaware's SIP for the 2010

Sulfur Dioxide (S02) National Ambient Air Quality Standard (NAAQS) will

enable Delaware to demonstrate that the contingency requirements Section

110(a)(2)(A)-(M) of the Clean Air Act (CAA) are met;

6. The Department has an adequate record for its decision, and no further public

hearing is appropriate or necessary;

7. The Department's proposed amendments to Delaware's aforementioned SIP,

as published in the April 1, 2013 Delaware Register of Regulations and set

forth within Appendix "A" hereto, are adequately supported, not arbitrary or

capricious, and are consistent with the applicable laws and regulations.

Consequently, they should be approved as a final regulation, which shall go

into effect ten days after their publication in the next available issue of the

Delaware Register of Regulations; and

8. The Department shall submit the proposed regulation amendments as final to

the Delaware Register of Regulations for publication in its next available

issue, and shall provide written notice to the persons affected by the Order.

/ahear/ SIP Revisions.S02 NAAQS.2013

5

APPENDIX "A"
I .

I
Implementation, Maintenance,

And Enforcement of

National Ambient Air Quality

Standards (NAAQS)

State Implementation Plan Revision to address

the Clean Air Act Section 110 Infrastructure

Elements For the

2010 Sulfur Dioxide NAAQS

Mareh-l-t- May 20, 2013

~Final

Delaware Department of Natural Resources and Environmental

Control, Division of Air Quality
TABLE OF CONTENTS

1.0 Introduction and Background 3

2.0 SIP Revision , 7

3.0 Conclusion 16

2
1.0 Background

Effective August 23, 2010, the Environmental Protection Agency (EPA) established a new 1-

hour primary National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (SOz) at a

level of 75 parts per billion (Ppb), based on a 3-year average of the annual 99th percentile of 1-

hour daily maximum concentrations. 1Pursuant to sections 110(a)(1) and 110(a)(2) pfthe Clean

Air Act (CAA), each state is required to submit to the EPA a State Implementation Plan (SIP) to

provide for the implementation, maintenance, and enforcement of a newly promulgated or

revised NAAQS.z This SIP revision fulfills this requirement relative to the 2010 SOz NAAQS.

A SIP is a state plan that identifies how that state will attain and maintain air quality that

collforms to each primary and secondary NAAQS: The SIP is a complex, fluid document

containing regulations, source-specific requirements, and non-regulatory items such as plans and

emission inventories.

Delaware's initial SIP was approved by the EPA on May 31, 1972. Since this initial approval,

the Delaware SIP has been revised numerous times to address air quality non-attainment and

maintenance issues. This was done by updating plans and inventories, and adding new and

revised regulatory control requirements. Delaware's SIP is compiled in the Code of Federal

Regulations at 40 C.F.R. Part 52 Subpart 1.

Section 2.0 of this document is a revision to Delaware's SIP. The purpose of this SIP revision is

to detail how Delaware meets all of the necessary implementation, maintenance, and

enforcement measures required by the CAA, specifically, CAA sllO(a)(2), relative to the 2010

SOz NAAQS. Under the heading "Delaware's Plan" in Section 2.0 of this document Delaware

provides a revision to its SIP to address those requirements of Section 110(a)(2)(A)-(M) of the

CAA which have not been addressed in other SIP revisions. It is a compilation of certain

elements that describe how the 2010 SOz NAAQS is being implemented, maintained and

enforced. The elements of this SIP revision, once approved by EPA, will provide a federally

enforceable written confirmation that Delaware will continue to comply with the Section

110(a)(1) and (2) requirements of the CAA.

Legislative authority for the Delaware air quality program relating to the responsibilities in the

CAA is codified in Title 7 "Conservation" of the Delaware Code, Chapter 60 - Delaware's

comprehensive water and air resources conservation la~; which gives the Delaware Department

of Natural Resources and Environmental Control (DNREC) the power and duty to implement the

provisions of the CAA in the State of Delaware.

1 75 FR 35520

2 SIPs meeting CAA ~llO(a)(l) and (2) are also known as "infrastructure" SIPs.

3 Referred to in this document as "7 Del. ~." followed by the specific section citation (e.g., ~6005).

3
Many of the miscellaneous requirements of Section 110(a)(2)(A)-(M) of the CAA relevant to the

2010 S02 NAAQS are already contained in Delaware's SIP. The following Table identifies

those SIP provisions. The following Table also identifies those infrastructure requirements

which are not applicable to Delaware.

Table 1-1 110(a)(2)(A)-(M) Requirements in the Current State o/Delaware SIP

Where

Provisions in the Current Codified or

Section 110(a) Delaware SIP or recent SIP approved by

element Summary of element revisions Submittals EPA

~110(a)(2)(A) Include enforceable emission For the 2010 S02 NAAQS, the 40 CFR 52.420(c)

limitations and other control following emission limitations and

measures, means, or techniques schedules contained in Delaware's

(including economic incentives approved SIP.

such as fees, marketable permits, • 7 DE Admin. Code 11014

,

and auctions of emissions rights), Defmitions And Administrative

as well as schedules and timetables Principles

for compliance as may be • 7 DE Admin. Code 1108, Sulfur

necessary or appropriate to meet Dioxide Emissions From Fuel

the applicable requirements of this Burning Equipment

Act. • 7 DE Admin. Code 1109, Emissions

Of Sulfur Compounds From

Industrial Operations

• 7 DE Admin. Code 1110, Control

Of Sulfur Dioxide Emissions Kent

And Sussex Counties

• 7 DE .l1..dInm. Code 1127, Stack

Heights

• 7 DE Admin. Code 1136, Acid Rain

Program

• 7 DE Admin. Code 1144,

Stationary Generator Emissions,

November 1,2007

• 7 DE Admin. Code 1145, Excessive

Idling Of Heavy Duty Vehicles,

August 12, 2005

• 7 DE Admin. Code 1146 Electric

Generating Unit (EGU) MultiPollutant Regulation, November 21,

4 Delaware's air quality regulations are codified in Delaware's administrative code, - Title 7 Natural Resources and

Environmental Control, 1100 Air Quality Management Section. Citations are expressed in this document as "7 DE

Admin. Code" followed by the specific subpart of 1100. All portions of the DE Admin. Code referred to in this

document are already included in Delaware's SIP.

4
2006

~110(a)(2)(B) Provide for establishment and 7 DE Admin. Code 1117 Source 40 CFR 52.420(c)

operation of appropriate devices, Monitoring, Record Keeping And

methods, systems, and procedures Reporting and 7 DE Admin. Code

necessary to - (i) monitor, 1103, Ambient Air Quality Standards,

compile, and analyze data on provides for the establishment and

ambient air quality, and (ii) upon operation of procedures necessary to

request, make such data monitor, compile and analyze data

available to the Administrator. related to ambient air quality.

~110(a)(2)(C) Include a program to provide for Delaware implements its Construction 40 CFR 52.420(c)

the enforcement of the measures and Operation Permit Program

described in subparagraph (A) and requirements under 7 DE Admin. Code

regulation of the modification and 1102 and 1125. These existing

construction of any stationary permitting programs ensure that the

source within the areas covered by construction and modification of both

the plan as necessary to assure that major and minor stationary sources do

national ambient air quality not cause or contribute to a violation of

standards are achieved, including a the SOz NAAQS.

permit program as required in parts

C andD; 7 DE Admin Code 1125 fulfills parts C

and D of Title I of the CAA; governing

preconstruction review and permitting

of any new or modified major

stationary sources of air pollutants.

1125 is approved in the DE SIP.

Under 1125 any major source or

modification that results in a net

significant increase of SOz (40 TPY or

greater) must apply Best Available

Control Technology (BACT) to reduce

SOz emissions.

7 DE Admin. Code 1102 provides for

the evaluation and necessary regulation

of any stationary source that emits

equal to or greater than 0.2 lb of any

air contaminate, including SOz, in any

one day.

In addition, the measures described in

CAA 110(a)(2)(A) are enforced, in

part, through permits issued pursuant

to DE Admin. Codes 1102 and 1125.

~11O(a)(2)(E)(iii) (iii) necessary assurances that, The requirements of S11O(a)(2)(E)(iii)

where the state has relied on a local are not applicable to Delaware

or regional government, agency, or because it does not rely on localities

instrumentality for the for specific SIP implementation.

implementation of any plan

provision, the state has

responsibility for ensuring adequate

implementation of such plan

provision;

5
~1l0(a)(2)(F)

~1l0(a)(2)(G)

~1l0(a)(2)(1)

~1l0(a)(2)(J)

(PSD)

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;

Provide for authority comparable to

that in section 303 and adequate

contingency plans to implement

such authority;

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 non attainment areas);

Meet the applicable requirements

of part C (relating to prevention of

significant deterioration of air

quality and visibility protection);

6

sI10(a)(2)(F)(i): Specific monitoring 40 CFR 52.420(c)

requirements are found throughout the

State of Delaware Regulations

Governing the Control of Air

Pollution, to include to DE Admin.

Codes 1I 17 and I 103. These

requirements are included in

Delaware's SIP, as necessary.

S 1IO(a)(2)(F)(ii): Specific emission

reporting requirements are found

throughout the State of Delaware

Regulations Governing the Control of

Air Pollution, to include DE Admin.

Code I 117. These requirements are

included in Delaware's SIP.

These regulations in Delaware's

approved SIP that are listed in 40 CFR

52.420(c) also apply to the 2010 S02

NAAQS.

7 DE Admin. Code I I 15, Air Pollution 40 CFR 52.420(c)

Alert and Emergency Plan, contains

emergency episode plan provisions that

are currently approved in Delaware's

SIP.

Part D pertains to general

requirements for nonattainment

areas. This does not apply

because no part of Delaware is

designated non attainment for

the 2010 S02 NAAQS.

Delaware's PSD requirements are

promulgated in 7 DE Admin. Code

1125, Preconstruction Review.
2.0 SIP Revision

This SIP revision addresses those requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act

(CAA) which have not been addressed in other SIP revisions for the 2010 S02 NAAQS. Each of

the requirements of ~110(a)(2) oftheCAA (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, to include the requirements associated with the 2010 S02 NAAQS. Delaware

may make changes to its laws and regulations that it believes in its discretion are

appropriate, while continuing to fulfill this obligation.

At present, Delaware's statutory authority is set out in Title 7 "Conservation" of the

Delaware Code, Chapter 60 - Delaware's comprehensive water and air resources

conservation law. Legislative authority giving the Secretary of the Delaware Department

of Natural Resources and Environmental Control the authority to promulgate Regulations

is codified at 7 Del. C., Chapter 60. This authority is applicable to the 2010 S02

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 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

make changes that it believes in its discretion are appropriate, while continuing to fulfill

this obligation. At present, Delaware does this as follows for the 2010 S02 NAAQS:

• Delaware maintains and operates a multi-station network of ambient monitors

throughout the State to. measure ambient air quality levels within Delaware for

comparison to each NAAQS as required by 40 CFR Part 58. Delaware currently

7
measures. and reports SOz concentrations from our monitoring sites located in

Wilmington near MLK Boulevard, Delaware City, Bellefonte, Summit Bridge, and

Lewis.

• All data is measured using u.S. EPA approved methods as either Reference or

Equivalent monitors; all monitors are 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 Part 58, Appendix E. The data is submitted to

the EPA's Air Quality System (AQS) system, in a timely manner in accordance to the

scheduled prescribed by the u.S. EPA in 40 CFR Part 58.

• In order to keep EPA informed of changes to the sampling network Delaware

provides EPA Region III with prior notification of any planned changes to the

network. As needed, details of these changes and anticipated approvals of the

changes are communicated to EPA. On an annual basis, Delaware sends EPA a

monitoring network plan as required by 40 CFR Part 58 Section 10: Annual

monitoring network plan and periodic network assessment. This plan contains all

required information including site and monitor description, analysis methods,

operating schedule, monitoring objectives and scale of representativeness, as well as

information on any planned changes. Delaware 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 submit 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.

• Other requirements of the 2010 SOz NAAQS include fully operational SOz air quality

monitoring network in place by January 1, 2013. Based on census and emissions

data, Delaware has the appropriate number and location of SOz monitors in New

Castle County and in Sussex County. All monitors are operational as of January 1,

2013.

(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.

Delaware's Plan: Delaware has established and currently operates a program to provide

for the enforcement of the enforceable 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

8
covered by its SIP as necessary to assure the NAAQS are achieved, including permit

programs required in parts C and D. At present, Delaware, through its.Division of Air

Quality, exercises its programmatic authority to utilize the enforcement powers set out in

7 Del. C. ~6005 entitled "Enforcement; civil and administrative penalties; expenses"; 7

Del. C. ~6013 entitled "Criminal .penalties"; and 7 Del. C. ~6018 entitled "Cease and

desist order." Delaware will continue to operate this program and may makes changes.

that it believes in its discretion are 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 other type of emissions activity within the

State from emitting any air pollutant in amounts which will - (I) contribute significantly

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) insuring compliance with the applicable requirements of sections 1265and

115 6 (relating to interstate and international pollution abatement).

5 ~126(a) - Each plan shall (1) require each major proposed new or modified source (A) subject to Part C or (D)

which may significantly contribute to pollution 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) identifYall 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 fIDdingthat 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 fIDdinghas 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

fIDdinghas 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 ~1l0(a)(2)(D)(ii). Nothing shall be construed to

preclude any such source from being eligible for an enforcement order under ~l13(d) after the expiration of

such period during which EPA has permitted continuous operation.

6 ~115(a) - Whenever EPA, upon receipt of reports, 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 Secretary 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 fIDdingunder ~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 invited 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 conference, rescinds any such recommendation.

9
Delaware's Plan: Delaware's SIP presently contains adequate provisions prohibiting

sources from emitting air pollutants in amounts which will contribute significantly to

non-attainment or interfere with maintenance with any NAAQS, to include the 2010 S02

NAAQS, and to prevent interference with measures related to preventing significant

deterioration of air quality or which have to date proved adequate to protect visibility and

to address interstate and international pollutant abatement; however, Delaware may make

changes that it believes in its discretion are appropriate, while continuing to fulfill this

obligation. At present, Delaware's legal authority is contained in the following:

• Delaware Code Title 7, Chapter 60 ~ 601O(c). Rules and regulations; plans. The

Secretary may formulate, amend, adopt and implement, after public hearing, a

statewide air resources management plan to achieve the purpose of this chapter and

comply with applicable federal laws and regulations. Since 1l0(a)(2)(D) is in the

CAA, and thus a law, Delaware has the legal authority to regulate sources of

interstate transport to areas in nonattainment, or in those areas maintaining the

NAAQS, if they were previously nonattainment.

• 1l0(a)(2)(D)(i)(I): While the U.S. Environmental Protection Agency (EPA) has not

yet designated any area of the country as nonattainment for the 2010 S02 NAAQS, on

February 7, 2013 the EPA did send letters to state and tribal leaders outlining the

areas it is considering designating as nonattainment. The nearest area to Delaware

that EPA is considering designating nonattainment is Indiana County, Pennsylvania,

which is about 280 kilometers west of the northern borders of Delaware.

• S02 is readily removed from the atmosphere through processes such as scavenging,

chemical reactions, soil and slli-face water absorption, and dry deposition. Because of

these removal processes the highest ambient concentrations of S02 emissions

generally occur relatively close to one or a few key S02 sources in an area (often

within 10-20 kilometers of that parent source or sources) and decrease quickly as the

distance from an S02 source increases.7 Thus, from an air quality management

perspective, the S02 NAAQS is considered to be a "source-oriented" NAAQS rather

than a "regional" one (i.e., more similar to the lead NAAQS than the ozone NAAQS).

Accordingly, in order for S02 emissions from Delaware to contribute significantly to

nonattainment in, or interfere with maintenance by, any other state, the nonattainment

or maintenance area would need to be located in close proximity to a source in

Delaware.

7 For modeling purposes, EPA recommends using an SOz urban half-life of 4 hours (40 CFR Part 51, Appendix

W).

10
Given that 1) the "nearest" area that EPA is considering designating as nonattainrnent

is Indiana, PA, which is geographically upwind of Delaware 8 and far away from the

closest Delaware border, 2) urban S02 emissions decrease exponentially over time

and distance, 3) the S02 NAAQS is considered to be a "source-oriented" NAAQS

rather than a "regional" one and 4) EPA has indicated that it is not considering

designating as nonattainment any area near enough to Delaware to be significantly

impacted by Delaware's S02 emissions; Delaware emissions do not significantly

contribute to nonattainment in, or interfere with maintenance by, any other area with

respect to the 2010 S02 NAAQS.

• All major stationary sources are subject to Prevention of Significant Deterioration

(PSD) permitting programs under the PSD of 7 DE Admin. Code 1125,

Preconstruction Review. The requirements of 1125 ensure no new or modified

S02 emitting source will cause or contribute to non-attainment in any area.

• 110(a)(2)(D)(i)(II): The requirements of CAA 110(a)(2)(D)(i)(II) are met by new

major sources and major modifications in Delaware being subject to the PSD

requirements which are contained in Section 3.0 of 7 DE Admin Code 1125,

Preconstruction Review. The visibility prong of S110(a)(2)(D)(i)(II) has been

met through an approved regional haze state implementation plan (SIP).

Delaware's regional haze SIP was approved on July 19.2011 (76 FR 42557).

• 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

goveinments, or a regional agency designated by the state or general purpose local

governments for such purpose) will have adequate personnel, funding, and authority

under state (and, as appropriate, local) law to carry out such implementation plan (and is

not prohibited 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 128,9 and (iii) necessary assurances

that, where the state has relied on a local or regional government, agency, or

8 The prominent wind direction on the east coast is westerly (i.e., the winds are predominately from Indiana, PA

to Delaware).

9 ~128 (a) each plan shall contain requirements that - (I) any board or body which approves permits or

enforcement orders shall have at least a majority of members who represent the public interest and do not derive

any significant portion of their income from persons subject to permits or enforcement orders, and (2) any

potential conflicts of 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 respecting 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).

11
instrumentality for the implementation of any plan provision, the state has responsibility

for ensuring adequate implementation of such plan provision.

The elements of ~110(a)(2)(E) (iii) are not applicable to Delaware as discussed in Section

1.0 of this document.

Delaware's Plan: For ~110(a)(2)(E)(i), Delaware has adequate authority under state law

pursuant to 7 Del. C. Chapter 60 to carry out its SIP obligations with respect to the 2010

S02 NAAQS. DNREC does not believe that there is any prohibition 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, DNREC believes its funding sources are sufficient to provide

adequate personnel for those purposes; however, Delaware may makes changes that it

believes in its discretion are appropriate, while continuing to fulfill this obligation.

At present Delaware fulfills this obligation by virtue of having adequate personnel and

funding through the CAA ~105 grant 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

penalties or fines under 7 Del. C. Chapter 60. The Division of Air Quality is responsible

for developing, implementing, and enforcing the SIP. Delaware does not anticipate the

need for additional resources beyond those to be appropriated in the above manner to

carry out its SIP requirements.

For ~. 110(a)(2)(E)(ii), Delaware finalized a SIP document that satisfies CAA

~110(a)(2)(E)(ii) and S 128 by including in the SIP applicable requirements of 29 Del. C.,

Ch. 58, "Laws Regulating the Conduct of Officers and Employees of the State." This

final document was submitted to the EPA as a SIP revision on January 11,2013 and was

approved and published in the Federal Register on April 17, 2013 (78 FR 22785).

(F) ~110(a)(2)(F) Requirement: 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.

Delaware's Plan: Delaware requires that owners or operators of stationary sources

monitor and submit periodic reports on the nature and amounts of S02 emissions and

emissions related-data 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

12
Delaware law. Delaware will continue to require reporting 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 records, reports or information obtained by the

Department or referred to at public hearings available 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 plans to implement such authority; 10

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 appropriate, while continuing to fulfill this obligation.

7 Del. C. S 6003(a)(1) requires a permit from the Secretar:yprior to discharging any air

contaminant. 7 Del. C. S 6002(2) defines air contaminant essentially as any substance

other than uncombined water. 7 Del. C. S 6005 allows the Secretary to seek a

preliminary or permanent injunction or temporary restraining order for any discharge of

an air contaminant without a permit, and issue cease and desist orders for violations (7

Del. C. S 6018). Thus, it necessarily follows that any discharge of an air contaminant,

including S02, that would cause imminent & substantial endangerment to the health,

safety and welfare of the people of the State of Delaware or the environment would

constitute a sufficient basis for the Secretary to seek an injunction or temporary

restraining order to halt the violation.

(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

10 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 appropriate 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 contributing to such

pollution 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 corinnencement of such a civil action, 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 confmn 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 Adrriinistrator 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.

13
of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the

Administrator finds on the basis of information available to the Administrator that the

plan is substantially inadequate to attain the national ambient air quality standard which

it implements or to otherwise comply with any additional requirements 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 such primary or secondary NAAQS or the

availability of improved or more expeditious methods of attaining such standard and

whenever the Administrator 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 otherwise comply with any additional requirements established

under the CAA.

(I) ~110(a)(2)(I)Requirement: In the case of a plan or plan reVlSlon for an area

designated as a< non-attainment area, meet the applicable requirements of part D

(relating to non-attainment areas).

Delaware's Plan: This does not apply because no part of Delaware is designated

nonattainment for the 2010 SOzNAAQS.

(J) ~110(a)(2)(J)Requirement: Meet the applicable requirements of section 121 (relating

to consultation), section 127 (relating to public notification), and part C (relating to

prevention of significant deterioration of air quality and visibility protection). 11

Delaware's Plan: Delaware will meet the applicable requirements of section 121

(relating to consultation), section 127 (relating to public notification), and part C (relating

to prevention of significant deterioration of air quality and visibility protection); but may

makes changes that it believes in its discretion are appropriate, while continuing to fulfill

this obligation. At present, Delaware does so utilizing the following:

11 ~121. - In carrying out requirements for plans to contain - (1) any transportation controls, air quality

maintenance plan requirements or preconstruction review 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 requirements of ~I 13(d), the State shall

provide a satisfactory process of consultation with general purpose local governments, designated organizations

of elected officials of local governments and any FLM having authority over Federal land to which the State

plan applies. Such process shall be in accordance with regulations promulgated by EPA. Only a general purpose

unit of local government, regional agency, or council of governments adversely affected by action of EPA

approving any portion of a plan may petition forjudicial review.

~127. (a) - Each plan shall contain measures to regularly notify the public of when 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,

14
• 7 DE Admin. Code 1132, Transportation Conformity, provides a legal platform for

the various consultation procedures that have been developed between DNREC,

DELDOT, and the Metropolitan Planning Organizations (MPOs). The MPOs provide

a forum for consultation with local governments. Delaware's MPOs are:

WILMAPCO, Kent County MPO, and the Salisbury-Wicomico MPO. Regional

planning organizations provide the forum for inter-state consultations. Additionally,

consultations with Federal Land Managers are on-going in accordance with EPA

Rules. All SIP revisions and new/amended regulations undergo public notice and

hearing, pursuant to 7 Del. C. Chapters 29 and 60, which include publication in the

newspapers and in the Delaware Register, and which have allowed for comment by

the bot!?-the public and local political subdivisions. Delaware believes the public

notice and hearing processes also fulfills the section 121 consultation process. The

submitted attainment plans and regulations in the approved Delaware SIP specify the

organizations responsible for implementing and enforcing the plans.

• DNREC makes real-time and historical air quality information available on its Web

site.

• PSD requirements necessary to implement the 2010 S02 NAAQS are SIP approved

and implemented thrqugh the requirements of 7 DE Admin. Code 1125,

Preconstruction Review.

• With regard to visibility protection, there are no new applicable visibility protection

obligations under section 110(a)(2)(J) as a result of the 2010 S02 NAAQS. Delaware

is complying with, and will continue to comply with the visibility protection and

regional haze program requirements under Part C of the CAA.

(K) ~110(a)(2)(K) Requirement: Provide for - (i) the performance of such air quality

modeling as the Administrator may prescribe for the purpose of predicting the effect

on ambient air quality of any emissions of any air pollutant for which the Administrator

has .established a national ambient air quality standard, and (ii) the submission, upon

request, of data related to such air quality modeling to the Administrator.

Delaware's Plan: Delaware has the authority and technical capability to conduct air

quality modeling in order to assess the effect on ambient air quality of relevant pollutant

emissions, and will continue to perform modeling as necessary, but may make changes

that it believes in its discretion are appropriate, while continuing to fulfill this obligation.

Delaware will continue to submit to the EPA the Air Quality modeling data as part of

Delaware's relevant SIP submissions, permit actions,l.l and through federal grant

commitments or in other ways that EPA may request.

12 Permit modeling requirements are specified in Section 3.0 of DE Admin Code 1125. Requirements for

Preconstruction Review. as approved by EPA on October 2,2012 (77 FR 60053).

15
(L) ~110(a)(2)(L) Requirement: Require the owner or operator of each major 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

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 Of operator of each major 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 sources by the Administrator's approval

of a fee program under title V pursuant to Delaware law. Delaware currently fulfills this

under the enabling authority of 7 Del. c. ~S 6095 to 6099 and fee legislation that

currently is renewed every three years. 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 Status of State and Local Operating Permits Programs.

Delaware may make changes 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 pa..rticipation by local

political subdivisions affected by the plan.

Delaware's Plan: Delaware will continue to provide for consultation and participation

by local political subdivisions 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. Furthermore, all SIP revisions undergo public notice and hearing which have

allowed for comment by the public which includes local political subdivisions. The

public notice and hearing processes fulfill the requirements for consultation with local

political subdivisions affected by the SIP.

3.0 Conclusion

Based on the information provided above, Delaware fully complies with the requirements of

~110(a)(2)(A) through ~11O(a)(2)(M) for the 2010 SOz NAAQS.

16
STATE OF DELAWARE

DEPARTMENT OF NATURAL RESOURCES

& ENVIRONMENTAL CONTROL

DIVISION OF AIR QUALITY

655 S. Bay Road, Suite 5N

DOVER,DELAWARE19901

CERTIFICATION

May, 2013

Telephone: (302) 739 - 9402

Fax No.: (302) 739 - 3106

A public hearing was held April 24, 2013 on a revision to the State of Delaware State

Implementation Plan (SIP) to address the implementation, maintenance, and enforcement of the

National Ambient Air Quality Standards (NAAQS) for the pollutant sulfur dioxide (S02). Pursuant

to sections 11O(a) and 110(a)(2) of the Clean Air Act (CAA), each State is required to submit to

EPA a SIP to provide for the implementation, maintenance, and enforcement of a newly

promulgated or revised NAAQS. The Department revised the SIP to include a document that

demonstrates Delaware has fulfilled this requirement of Section 110(a)(2)(A)-(M) relative to the

2010 S02 NAAQS. The effective date of this revision is June 1,2013.

I further certify that the hearing was held in accordance with the notice required by Subsection

51.102 of 40 CFR 51.

Ali Mirzakhalili, P.E.

Director

Division of Air Quality

Printed on

Recycled Paper
ilDEPENDENT NEWSMEDJAINC.

110 GalaxyDrive • Dover, DE • .f9901 • 1-800-282-8586

State of Delaware:

County of Kent:

USA

Day of

Before me, a Notary Public, for the County and State aforesaid, Edward Dulin, known

to me to be such: who 'being sworn according to law deposes and says that he is

President of Independent News'media Inc. USA, the publisher of the Delaware State,

News, a daily newspaper published at Dover, County of Kent, and State of D.elaware,

and that the notice, a copy f hich's hereto a tached, as published in the Delaware

State News in its issue of 2 - _' .' ,

President

Independent Newsmedia Inc. USA

.

Sworn to and subscribed before me this - __ I_'1til _

A.D. 1013
t

-fhe . Delaware Department of Natural Resources and 'Environmental Control

(DNREC);'Division of Air Quality will conduct a public hearing on a proposed

StateJmplementation Plan (SIP) revision for, meeting Section 110(a) and 5ectiori'110(a)(2) requirements of the Clean Air Act (CAA).

(j~ Ju~e f2010,the' United States Environmental Protection Agency (EPA)

strengthe"iled<theNational Ambient Air. Quality Standards (NAAQS) for the PoIlutant~sulfur' dioxide (S02); by adding a new standard of 75 parts per billion.

5ecticJns'110(a) and section 110(a)(2) of theCAA requireStates to submit"fo

. the EPA',Administrator;a SIP that provides for implementation, maintenance,

and enforcementofanewlypromulgated or revised NAAQS:. The proposed

SIP document' discusses how Delaware's SIP meets each requirement of section 110(a)(2)(A)-(M)()f the CAAfor:the2010 S02 NAAQS. -

The propOsed SIP may be inspected at the Department's offices located at 655

S. Bay Road, Suite 5N, Dover, DE 19901 or viewed on the. Department's webpage referenced below. - .

http://www.awm.delaware.govlInfo/Regs/Pages/AQMPIansRegs.aspx;

The' proposed -SIP revision will also be published in the April 1, 2013 issue of

the Delaware Register of Regulations,' and can be viewed after publication at

httP:{{regulations.delaware.gov Iregister lapril20 13/.

. ., .. - ~

A 'public hearing will be held Wednesday, ~April 24, 20l3,beginning.at 6:00

p.m. in' the Kent COunty AdminiStrative Complex; Room 220, 555 South Bay

Road, Dover, DE. For additional information, please contact Jack, Sipple, in

Dover, at (302) 739~9402.

Statements and ;testimorw on this proposed SIP revision may be-presented either orally_orin writing at a public hearing. If you .are unable to attend the

public hearing or wish to submit your comments in advance of the public hearing, please address your comments to:

Jack Sipple

Divisiol1 of Air Quality

655 S, Bay Road

Suite 5N

Dover, DE 19901

I - THIS IS THEmiLY TIME THIS NOTICE WILL APPEAR

438877 DSN 3/ll/2Ql3 j;;,

•.
~~~. The NeWSJour. n.al

~~. Media Group

~ A GANNETT COHPANY

Legal Desk: 302-324-2676

.Legal Fax: 302-324-2249

StreetAddress:

950 West Basin Road

New CasHe,DE 19720

Moiling Address:

P.O. Box 15505

Wilmington, DE 19850

AFFIDAVIT OF PUBLICATION

State of Delaware

(302)324-2500

(800)235-9100

Personally appeared before me this 15th day of March, 2013.

NOTICE OF PUBLIC HEARING

Proposed State Implemeniation Plan

Revision to meet the Infrastructure

Requirements of the 1990 Clean Air

Act "

The Delaware Department of Natural Reso'urces and Environmental Control (DNREC), Division of Air Quality will

conduct a public hearing on a proposed State Implementation Plan (SIP) revision for meeting Section 110(a) and

Section 110(a)(2) requirements of the Clean' Air Act

(CAA).

, H' '.,.' ll!;-"" ,

On June 2, 2010, the United States Environmental Protection Agency (EPA) strengthened the National Anibient Air Quality Standards (~AAQS) for the" pollutant sulfur dio~ide (S021, by adding a new standard of 75 parts

per billion. Sections 11O(a) and Section 1.'0(a)(2) of the

CAA require States to submit to the EPA Administrator

a SIP that provides for implementation, 'maintenance,

" and enforcement. of a newly. promulgated or revised

NAAQS. The proposed SIP document discusses how

Delaware's. SIP meets each . requirement of Section'

110(a)(2)(A)-(M) of the CAA for the 2010 S02 NAAQS ..

Ther.roposed SIP may be inspected at the Department s offices locat,ed at 655 S. Bay Road, Suite 5N, Dover, DE,19901 or viewed on the Department's webpage

referenced below. '

http://www.awm.delaware.govllnfolRegslPagesl AQM

PlansRegs.aspx, i

The proposed SIP revision will also be published in the

~pril 1, 2013 issue of the pelaware' Register of Regulations, and can be Viewed after publication at

http://regulations.delaware.govlregisterlapril20131.

A public .he~ring will be hE!ld Wednesday,. Apiil"24,

2013, beginning at 6:00 p.m. In the Kent County Administrative Complex, Room 220, 555 South. Bay Road, Dover, DE. For additional information, please contact"Jack

Sipple, in Dover, at (302) 739-9402. ' .' .. "' ;•.

Statements and testimony on this proposedSfp revision

may. be presented either orally or in writing at a public

heanng. If you are unable to attend the public hearing

or wish to submit your comments in advance of the public hearing, please address your comments to:

Jack Sipple

Division of Air Quality

655 S. Bay Road

Suite 5N

Dover, DE 19901

THIS IS THE ONLY TIME THIS NOTICE WILL APPEAR

3117-NJ --

Legal Coordinator

Title

was publi~hedjn The News Journal on March 17, 2013

I, Kristin Segner, of The News Journal Company, a daily newspaper printed and published

in the County of New 'Castle County, State of Delaware, who, being duly sworn states that

the advertisement of SO DNREC AIR RESOURCE - PUB. HEARING 1990 CLEAN AIR

ACT

M01M~5~

Name

~,_.,

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