STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFICE OFTHE 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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Secretary Enclosures

cc: Amie I-lowell, wlo encl.

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 ofNatural Resources and Environmental

. Control, DivisionofAir Quality

## TABLE OF CONTENTS

1.0 Introduction andBackground 3 2.0 SIPRevision 7 3.0 Conclusion 16

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## 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 ofthe annual 99th percentile of 1- hour daily maximum concentrations.! Pursuant to sections 110(a)(1) and 110(a)(2) ofthe Clean Air Act (CAA), each stateis required to submit to theEPA a State Implementation Plan (SIP) to provide for the implementation, maintenance, and enforcement of a newly promulgated or revised NAAQS.z This SIPrevision fulfills this requirement relative tothe 2010 SOzNAAQS. 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 asplans 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 at40 C.F.R. Part 52 Subpart I. Section 2.0 ofthis document is arevision toDelaware's SIP. The purpose ofthis SIPrevision 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 SOzNAAQS. Under the heading "Delaware's Plan" in Section 2.0 ofthis document Delaware provides a revision to its SIP to address those requirements of Section 110(a)(2)(A)-(M) ofthe 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 ofthis 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 ofthe 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 airresources conservation law3
, which gives the Delaware Department ofNatural Resources andEnvironmental Control (DNREC) thepower and duty to implement the provisions ofthe CAA inthe State ofDelaware.

175 FR35520 2 SIPs meeting CAA ~llO(a)(l) and (2) are also known as "infrastructure" SIPs. 3Referred to inthis document as "7 Del. Q." followed by the specific section citation (e.g., ~6005).

3Many ofthe miscellaneous requirements ofSection 110(a)(2)(A)-(M) ofthe 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 arenot applicable to Delaware.



### Table 1-1 110(a)(2)(A)-(M) Requirements in the Current State ofDelaware SIP
Where Provisions in the Current Codified or Section 110(a) Delaware SIP or recent SIP approved by element Summary ofelement revisions Submittals EPA ~110(a)(2)(A) Include enforceable emission Forthe 2010 S02 NAAQS, the 40 CFR 52.420(c) limitations and other control following emission limitations and measures, means, ortechniques schedules contained inDelaware's (including economic incentives approved SIP. such as fees, marketable permits, • 7DE Admin. Code 1101\ and auctions ofemissions rights), Definitions And Administrative as well as schedules and timetables Principles for compliance as may be • 7DE Admin. Code 1108, Sulfur necessary or appropriate to meet Dioxide Emissions From Fuel the applicable requirements ofthis Burning Equipment Act. • 7DE Admin. Code 1109, Emissions OfSulfur Compounds From Industrial Operations

• 7DE Admin. Code 1110, Control OfSulfur Dioxide Emissions Kent And Sussex Counties
• 7DE Admin. Code 1127, Stack Heights

• 7DE Admin. Code 1136, Acid Rain Program 

### • 7DE Admin. Code 1144, Stationary Generator Emissions, November 1,2007

• 7DE Admin. Code 1145, Excessive Idling OfHeavy Duty Vehicles, August 12,2005
• 7DE Admin. Code 1146Electric Generating Unit (EGU) MultiPollutant Regulation, November 21,

4 Delaware's air quality regulations are codified inDelaware's administrative code,

-Title 7Natural 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 inDelaware's SIP.

42006

~110(a)(2)(B) Provide forestablishment and 7DE Admin. Code 1117 Source 40 CFR 52.420(c) operation of appropriate devices, Monitoring, Record Keeping And methods, systems, and procedures Reporting and 7DE Admin. Code necessary to
- (i) monitor, 1103, Ambient Air Quality Standards, compile, and analyze data on provides forthe establishment and ambient airquality, and (ii) upon operation ofprocedures necessary to request, make such data monitor, compile and analyze data available to the Administrator. related to ambient airquality. ~110(a)(2)(C) Include aprogram to provide for Delaware implements its Construction 40 CFR 52.420(c) the enforcement ofthe measures and Operation Permit Program described in subparagraph (A) and requirements under 7DE Admin. Code regulation ofthe modification and 1102 and 1125. These existing construction ofany stationary permitting programs ensure that the source within the areas covered by construction and modification ofboth the plan as necessary to assure that major and minor stationary sources do national ambient airquality not cause or contribute to aviolation of standards are achieved, including a the S02 NAAQS. permit program asrequired inparts CandD; 7DE Admin Code 1125 fulfills parts C and D ofTitle Iofthe CAA; governing preconstruction review and permitting ofany new or modified major stationary sources ofairpollutants. 1125 is approved inthe DE SIP. Under 1125 any major source or modification that results in anet significant increase ofS02 (40 TPY or greater) must apply Best Available Control Technology (BACT) toreduce S02 emissions. 7DE Admin. Code 1102provides for the evaluation and necessary regulation ofany stationary source that emits equal to or greater than 0.2 Ibofany 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 alocal are not applicable to Delaware orregional government, agency, or because itdoes notrely on localities instrumentality forthe for specific SIP implementation. implementation ofany plan provision, the state has responsibility forensuring 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, andreplacement ofequipment, and the implementation ofother necessary steps by owners or operators ofstationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts ofemissions and emissions-related data from such sources, and (iii) correlation ofsuch reports by the state agency with any emission limitations or standards established pursuant to this Act, which reports shall be available atreasonable times forpublic inspection; Provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority; Inthe case ofaplan orplan revision for an area designated as a nonattainment area, meetthe applicable requirements ofpart D (relating to nonattainment areas); Meet the applicable requirements ofpart C (relating to prevention of significant deterioration ofair Qualityand visibility protection);

6 ~110(a)(2)(F)(i): Specific monitoring 40 CFR 52.420(c) requirements are found throughout the State ofDelaware Regulations Governing the Control ofAir Pollution, to include to DE Admin. Codes 1117 and 1103. These requirements are included in Delaware's SIP, asnecessary.

~11O(a)(2)(F)(ii): Specific emission reporting requirements are found throughout the State ofDelaware Regulations Governing the Control of AirPollution, to include DE Admin. Code 1117. These requirements are included inDelaware's SIP. These regulations inDelaware's approved SIPthat are listed in40 CFR 52.420(c) also apply tothe 2010 S02 NAAQS. 7DE Admin. Code 1115, Air Pollution 40 CFR 52.420(c) Alert and Emergency Plan, contains emergency episode plan provisions that are currently approved inDelaware'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 in7DE Admin. Code 1125,Preconstruction Review.

## 2.0 SIPRevision

This SIPrevision addresses those requirements ofSection 110(a)(2)(A)-(M) ofthe Clean Air Act (CAA) which have notbeen addressed inother SIPrevisions forthe 2010 S02 NAAQS. Each of the requirements of~110(a)(2) ofthe CAA (Subparagraphs A-M) ispresented below, along with adiscussion ofDelaware's plan revision tomeettherequirement. (A) ~110(a)(2)(A)

Requirement: Include enforceable emission limitations and other control measures, means, ortechniques (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 ofthe Delaware Department ofNatural Resources and Environmental Control the authority topromulgate 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 theAdministrator. ' 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 itbelieves in its discretion are appropriate, while continuing to fulfill this obligation. Atpresent, Delaware does this as follows forthe 2010 S02NAAQS:

• 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

7measures 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 ofthe 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 aprogram 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

8covered 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 ofAir Quality, exercises itsprogrammatic authority to utilize the enforcement powers setout 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 itbelieves initsdiscretion 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 orother type ofemissions activity within the State from emitting any airpollutant 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 ofsections 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 ofwhich may be affected by such source 60 days prior to the date on which commencement ofconstruction 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 ofthe identity of such sources. (b) Any State may petition EPA for a finding that any major source or group of stationary sources emits orwould emit any pollutant inviolation ofthe prohibition of ~110(a)(2)(D)(ii) orthis section. (c) Notwithstanding any permit which may have been granted by the State, it shall be aviolation ofthis 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 ifthe 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 orwelfare in aforeign country orwhenever 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 afinding 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 ofpollutants 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 aforeign country which EPA determines has given the US the same rights with respect tothe 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 tothe conference, rescinds any such recommendation.

9Delaware'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 anyNAAQS, to include the 2010 S02 NAAQS, and to prevent interference with measures related to preventing significant deterioration ofairquality orwhich have to dateproved adequate toprotect 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. Atpresent, Delaware's legal authority iscontained inthe 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 ofthis 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, ifthey were previously nonattainment.

• 1l0(a)(2)(D)(i)(I): While the U.S. Environmental Protection Agency (EPA) has not yetdesignated any area ofthe country asnonattainment forthe 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 isabout 280kilometers west ofthe northern borders ofDelaware.

• 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 10-20kilometers ofthat parent source or sources) and decrease quickly asthe 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 tothe leadNAAQS thanthe ozone NAAQS). Accordingly, in order for S02 emissions from Delaware to contribute significantly to nonattainment in, orinterfere 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 of4 hours (40 CFR Part 51, Appendix

~

.

10Given that 1)the "nearest" areathat EPA isconsidering designating asnonattainment is Indiana, PA, which is geographically upwind ofDelaware 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, orinterfere with maintenance by, any other area with respect tothe 2010 S02NAAQS.

• Allmajor stationary sources are subject to Prevention ofSignificant 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 orcontribute tonon-attainment inany area.

• 110(a)(2)(D)(i)(II): The requirements ofCAA 110(a)(2)(D)(i)(II) are metby 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 SIPwas approved onJuly 19,.2011 (76 FR42557).

• 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 115ofthe 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 orportion thereof), (ii) requirements that the State comply with the requirements respecting State boards under section 128,9and (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 amajority ofmembers 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 ofinterest by members of such board orbody orthe head ofan 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).
.

11instrumentality for the implementation ofany plan provision, the state has responsibility forensuring adequate implementation ofsuchplan provision. The elements of sII0(a)(2)(E) (iii) arenot applicable to Delaware as discussed in Section 1.0ofthis document. Delaware's Plan: For sI1O(a)(2)(E)(i), Delaware has adequate authority under state law pursuant to 7 Del. C. Chapter 60to 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 itfrom 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 initsdiscretion 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 grantprocess (federal grant funds), the State ofDelaware general fund (state tax revenues), and appropriated special funds collected bythe State of Delaware from application fees, permit fees, renewal fees, and civil or administrative penalties orfines under 7Del. C. Chapter 60. The Division ofAir Quality isresponsible 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 SIPrequirements. For 

### 9 1l0(a)(2)(E)(ii), Delaware finalized a SIP document that satisfies CAA sI1O(a)(2)(E)(ii) and S 128by including inthe 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 andpublished intheFederal Register onApril 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 ofequipment, andthe 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 tothis Act, which reports shallbe available at reasonable times forpublic 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 ofemissions but may makes changes that it believes in its discretion are appropriate, while continuing to fulfill this obligation. Except as specifically exempted bythe Delaware Freedom ofInformation 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 ofthe 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 inits discretion are appropriate, while continuing to fulfill this obligation. 7 Del. C. ~ 6003(a)(1) requires apermit 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 ortemporary restraining order for any discharge of an air contaminant without apermit, 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 ordertohaltthe ~iolation. (H) ~110(a)(2)(H)Requirement: Provide for revision of such plan

- (i) from time to time as may benecessary to take account ofrevisions of suchnational primary or secondary ambient air quality standard orthe availability ofimproved ormore expeditious methods

10 Sec. 303- Notwithstanding any other provisions ofthis 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 ofthe 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 isbased. 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 14days orfor such longer period as may be authorized bythe court inwhich such action is brought.

13ofattaining such standard, and (ii) except asprovided inparagraph (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 SIPfrom 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 reVISIOnfor an area designated as a non-attainment area, meet the applicable requirements of part D (relating tonon-attainment areas). Delaware's Plan: This does not applybecause nopart ofDelaware is designated nonattainment forthe 2010 S02NAAQS. (J) ~110(a)(2)(J)

Requirement: Meetthe applicable requirements ofsection 121 (relating to consultation), section 127 (relating to public notification), and part C (relating to prevention ofsignificant deterioration ofairquality andvisibility protection). II Delaware's Plan: Delaware will meet the applicable requirements ofsection 121 (relating to consultation), section 127 (relating to public notification), andpart C (relating to prevention of significant deterioration ofair quality and visibility protection); but may makes changes that itbelieves in its discretion are appropriate, while continuing to fulfill this obligation. Atpresent, Delaware does soutilizing 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 ofconsultation 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 ageneral purpose unit of local government, regional agency, or council of governments adversely affected by action of EPA approving any portion ofaplan may petition forjudicial review. ~127. (a)

-Each plan shall contain measures to regularly notify the public ofwhen any NAAQS is exceeded or was exceeded during the preceding year, to advise the public ofhealth hazards associated with such pollution, and to enhance awareness of measures which can be taken to prevent the standards from being exceeded and ways inwhich the public can participate inregulatory andother efforts to improve airquality.

14 

### •• 7 DE Admin. Code 1132, Transportation Conformity, provides a legal platform for the various consultation procedures that have been developed between DNREC, DELDOT, andthe 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 inthe approved Delaware SIP specify the organizations responsible forimplementing andenforcing theplans.

• 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 aresult ofthe 2010 S02 NAAQS. Delaware is complying with, and will continue to comply with the visibility protection and regional haze program requirements under Part Cofthe CAA. (K) ~110(a)(2)(K)

Requirement: Provide for

- (i) the performance of such "airquality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality ofany emissions ofany airpollutant forwhich the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, ofdatarelated to such airquality modeling tothe 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 ofrelevant pollutant emissions, and will continue to perform modeling as necessary, but may make changes that itbelieves 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 orinother ways that EPA mayrequest.
12 Pennit modeling requirements are specified in Section 3.0 of DE Admin Code 1125, Requirements for Preconstruction Review, as approved byEPA on October 2, 2012 (77 FR 60053).

15(L) ~110(a)(2)(L)Requirement: Require the owner or operator ofeach major stationary source topay tothepermitting authority, as acondition ofanypermit required underthis Act, afee sufficient to cover - (i) the reasonable costs ofreviewing and acting upon any application for such apermit, and (ii) ifthe owner oroperator receives apermit for such source, the reasonable costs ofimplementing 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 bythe Administrator's approval ofa feeprogram under Title V. Delaware's Plan: In amanner consistent with Delaware law, Delaware will continue to require the owner or operator ofeach major stationary source to pay to the permitting authority, as acondition ofanypermit required under this Act, afee sufficient to cover (i) the reasonable costs ofreviewing and acting upon any application for such apermit, and (ii) ifthe owner or operator receives apermit for such source, the reasonable costs of implementing and enforcing the terms and conditions ofany suchpermit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources bythe Administrator's approval ofa feeprogram undertitle Vpursuant to Delaware law. Delaware currently fulfills this under the enabling authority of 7 Del. C. SS 6095 to 6099 and fee legislation that currently isrenewed 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 bytheplan. 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 7Del. C. S6006 and 6010 and 29 Del. C. Chapters 10003, 10004 and 10115, as applicable. Furthermore, all SIPrevisions undergo public notice andhearing 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 bythe 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) forthe 2010 S02NAAQS.

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 ofthe 2010 Sulfur Dioxide (S02) National Ambient Air Quality Standard (NAAQS), Pursuant to the Requirements ofSection 1l0(a)(2)(A)-(M) ofthe Federal Clean Air Act (CAA)

Date ofIssuance: May 29, 2013 Effective Date ofthe 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) ofthe Clean Air Act requires States to submit to EP:~ aSIP 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.eplan,. 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~i1ns no new rules or regulation~. , The Department publi.~hed its initial proposed reVISIon tathe, aforementioned Delaware SIP intheApril l~ 2013 [)elaware Register ofRegulations, and held a public hearing on April 24, 2013. It should be noted that no members ofthe 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 ofFederal Regulations at40 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. Ifind that the Department's experts inthe Division ofAir 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) ofthe 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.

3In 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 atthe 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 forthis 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 inthe 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) ofthe federal Clean Air Act (CAA) for the 201

# o Sulfur Dioxide (S02) National Ambient Air Quality Standard (NAAQS) to the Delaware Register of

4Regulations 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. ofNatural Resources and Environmental Control LisaA. vest# .'
. Public Hearing Officer, Office ofthe Secretary Department ofNatural Resources and Environmental Control Proposed Amendments to the Delaware State Implementation Plan (SIP) for the Implementation, Maintenance and Enforcement ofthe 2010 Sulfur Dioxide (S02) National Ambient Air Quality Standard (NAAQS), Pursuant to the Requirements of Section 110(a)(2)(A)-(M} ofthe 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 anew '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 andcontrol 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 ofFederal Regulations at40 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 ofRegulations, and held a public hearing on April 24, 20~3. It should be noted that no memQers ofthe 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



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

notice ofthe hearing was provided as required by law. 

### II. SummaryofHearingRecord: 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 ofthe 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.



### 3It 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 ofthe Regulatory Flexibility Act, and believes the same to be lawful, feasible and desirable, and that the recommendations asproposed 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, Irecommend the following findings: 1. The Department has jurisdiction under its statutory authority, 7 Del.C., Chapter 60, to make adetermination in this proceeding; 2. The Department provided adequate public notice of the proceeding and the public hearing in amanner 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 ofthe Regulatory Flexibility Act, and believes the same to be lawful,



### 4

### feasible and desirable, and that the recommendations as proposed should be applicableto allDelaware citizensequally; 5. The aforementioned proposed amendments to Delaware's SIP for the 2010 SulfurDioxide (S02) National Ambient Air Quality Standard (NAAQS) will enable Delaware to demonstrate that the contingency requirements Section 110(a)(2)(A)-(M)oftheCleanAirAct(CAA)aremet; 6. TheDepartment has an adequaterecordforits decision, andno furtherpublic hearingis appropriateornecessary; 7. The Department's proposed amendments to Delaware's aforementioned SIP,

as published in the April 1, 

### 2013 Delaware Register ofRegulations 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 ofthe DelawareRegisterofRegulations; and 8. The Department shall submitthe proposedregulation amendments as finalto the Delaware Register ofRegulations for publication in its next available issue, andshallprovide writtennoticetothepersons affectedbytheOrder.

/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 110Infrastructure

Elements For the 2010 Sulfur Dioxide NAAQS

Mareh-l-t- May 20, 2013 ~Final

Delaware Department ofNatural Resources and Environmental

Control, Division ofAir Quality

## TABLE OF CONTENTS

1.0 IntroductionandBackground 3 2.0 SIPRevision , 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. 1 Pursuant 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 at40 C.F.R. Part 52 Subpart 1. Section 2.0 ofthis document is arevision to Delaware's SIP. The purpose ofthis 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 ofthis document Delaware provides a revision to its SIP to address those requirements of Section 110(a)(2)(A)-(M) ofthe 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 ofthe 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 ofNatural Resources and Environmental Control (DNREC) the power and duty to implement the provisions ofthe CAA in the State ofDelaware.

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

### Manyofthemiscellaneousrequirements ofSection 110(a)(2)(A)-(M)ofthe CAArelevanttothe

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 whicharenotapplicabletoDelaware.

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 ofelement 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, ortechniques schedules contained in Delaware's (including economic incentives approved SIP. such as fees, marketable permits, • 7 DE Admin. Code 11014
, and auctions ofemissions 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 ofthis 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 OfHeavy 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.

42006

~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 ofprocedures 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 aprogram to provide for Delaware implements its Construction 40 CFR 52.420(c) the enforcement ofthe measures and Operation Permit Program described in subparagraph (A) and requirements under 7 DE Admin. Code regulation ofthe 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 ofboth 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 SOzNAAQS. permit program as required inparts C andD; 7 DE Admin Code 1125 fulfills parts C and D ofTitle I ofthe CAA; governing preconstruction review and permitting of any new or modified major stationary sources of air pollutants. 1125 is approved inthe DE SIP. Under 1125 any major source or modification that results in anet significant increase of SOz (40 TPY or greater) must apply Best Available Control Technology (BACT) to reduce SOzemissions. 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 ofany 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 itdoes 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 ofequipment, 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 atreasonable times for public inspection; Provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority; In the case ofaplan or plan revision for an area designated as a nonattainment area, meet the applicable requirements ofpart D (relating to nonattainment areas); Meet the applicable requirements ofpart 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 ofAir Pollution, to include to DE Admin. Codes 1I17 and I103. These requirements are included in Delaware's SIP, as necessary. 

### S1IO(a)(2)(F)(ii): Specific emission reporting requirements are found throughout the State ofDelaware 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 II15, 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 SIPRevision

This SIPrevision addressesthose requirements ofSection 110(a)(2)(A)-(M)oftheCleanAirAct (CAA)whichhavenotbeen addressed inotherSIPrevisions forthe2010 S02NAAQS. Eachof therequirements of~110(a)(2)oftheCAA (Subparagraphs A-M) ispresentedbelow, alongwith adiscussionofDelaware's planrevisiontomeettherequirement. (A) ~110(a)(2)(A)Requirement: 

### Includeenforceableemissionlimitations andothercontrol measures, means, ortechniques (including economic incentives suchasfees,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 forcompliance to meetthe applicable requirements of the CAA, to include the requirements associated withthe 2010 S02 NAAQS. Delaware may make changes to its laws and regulations that it believes in its discretion are appropriate, while continuingtofulfillthis 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 givingthe SecretaryoftheDelawareDepartment ofNatural Resources andEnvironmental Controltheauthoritytopromulgate 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 theAdministrator. 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 itbelieves in its discretion are appropriate, while continuing to fulfill this obligation. Atpresent, Delawaredoesthis asfollowsforthe2010 S02NAAQS:

• 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

7measures. 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 atimely manner in accordance to the scheduled prescribed by the u.S. EPA in40 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 atimely manner in accordance to the scheduled prescribed by the U.S. EPA in 40 CFR Part 58.

• Other requirements ofthe 2010 SOzNAAQS 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 inparts C and D. Delaware's Plan: Delaware has established and currently operates aprogram 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. Atpresent, Delaware, through its.Division ofAir Quality, exercises itsprogrammatic authoritytoutilizethe enforcementpowers setoutin 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. thatitbelieves inits discretionareappropriate,whilecontinuingtofulfillthis obligation. (D) ~110(a)(2)(D)Requirement: 

### Contain adequate provisions

- (i) prohibiting, consistent withthe provisions of thistitle, anysourceorothertype ofemissions activitywithinthe State fromemitting anyairpollutant inamountswhichwill

- (I)contribute significantly tonon-attainment in, or interfere withmaintenance by, any other State withrespectto 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 ofair quality orto protect visibility, (ii) insuring compliance withthe applicablerequirements ofsections 1265 

### and 115 6

### (relatingtointerstateandinternationalpollution abatement).
5 ~126(a)

-Eachplan shall (1)require eachmajorproposed new ormodified source (A) subjecttoPartCor(D) which may significantly contribute to pollution in excess ofthe NAAQS in any AQCR outside the State in which such source intendsto locateormodifY,toprovide writtennoticeto allnearby Statesthepollutionlevels ofwhich maybe affectedby such source 60 dayspriorto the dateonwhich commencement ofconstructionis tobe permittedby the State, and (2) identifYallmajor existing stationary sources which mayhavethe impact described in(1) withrespect to new ormodified sources andprovidenotice to allnearby Statesoftheidentity of such sources. (b) Any State may petition EPA for a fIDdingthat any major source or group of stationary sourcesemits orwould emitanypollutant inviolation oftheprohibition of~110(a)(2)(D)(ii) orthis section.(c) Notwithstanding anypermit whichmayhavebeengrantedbythe State,itshallbe aviolation ofthis sectionand the plan

- (1) for any major proposed new ormodified source withrespect to which afIDdinghas beenmade under subsection (b) to be constructed or to operate in violation of this section and the prohibition of ~110(a)(2)(D)(ii) orthis section, or (2) foranymajor existing sourceto operate more than 3 months aftersuch fIDdinghas been made. EPA may permit the continued operation ofa source beyond the expiration ofthe 3- monthperiod ifthe source complieswiththeemissionlimitationsandcompliance schedules asmaybeprovided by EPA to bring about compliance with the requirements of ~1l0(a)(2)(D)(ii). Nothing shall be construedto preclude any such source from being eligible for an enforcement order under ~l13(d) after the expiration of suchperiod duringwhichEPAhaspermitted continuousoperation. 6 ~115(a)

- Whenever EPA, upon receipt ofreports, surveys or studies from any duly constituted international agency has reason to believe that anypollutants emitted inthe US cause or contribute to pollution whichmay reasonablybe anticipatedtoendangerpublichealthorwelfareinaforeigncountryorwheneverthe Secretaryof State requests it to do so, EPA shall give formal notification to the Governor of the State in which such emissions originate. (b) TheEPAnotice shallbedeemedtobe afIDdingunder ~110(a)(2)(H)(ii)whichrequires 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 affectedby suchemissionofpollutants shallbe invitedto appearatany public hearing associated with any revision ofthe appropriate portion ofthe applicable plan. (c) This section shallapplyonlytoaforeign countrywhichEPAdetermineshasgiventheUSthe samerights withrespecttothe 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 ~ 109unless EPA, after consultation with all agencies, which werepartytotheconference, rescinds anysuchrecommendation.



### 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 ofair 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 inthe 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, ifthey were previously nonattainment.

• 1l0(a)(2)(D)(i)(I): While the U.S. Environmental Protection Agency (EPA) has not yet designated any area ofthe 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 ofthe northern borders ofDelaware.

• S02 is readily removed from the atmosphere through processes such as scavenging, chemical reactions, soil and slli-facewater 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 ofthat 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 Formodelingpurposes, EPArecommends using an SOzurbanhalf-life of4hours (40 CFRPart 51,Appendix W).

10Given 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, orinterfere 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 ofthe 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 Theprominent wind direction onthe eastcoast iswesterly (i.e., the winds arepredominately fromIndiana,PA toDelaware). 9 ~128 (a) each plan shall contain requirements that

- (I) any board or body which approves permits or enforcementorders shallhave atleastamajorityofmembers whorepresentthepublic interestanddonotderive any significant portion of their income from persons subject to permits or enforcement orders, and (2) any potential conflicts ofinterestbymembers ofsuchboardorbodyortheheadofanexecutive agencywithsimilar powers be disclosed. A State may adopt any requirements respecting conflicts of interest for such boards or bodies orheads ofexecutive agencies, or any other entities which are more stringentthan the requirements of (1) and(2).

11instrumentality 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 1.0ofthis 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 ofDelaware 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 ofAir 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 inthe 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 inthe 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 forpublic 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 continueto requirereporting ofemissions butmaymakes

changes that it believes in its discretion are appropriate, while continuing to fulfill this obligation. Exceptas specifically exemptedbytheDelawareFreedomofInformationAct,29Del. 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 oftheDelawareFreedomofInformationAct,29Del. C. Chapter 100. (G) ~110(a)(2)(G)Requirement: 

### Provide for authority comparable to that in section 303 andadequatecontingency planstoimplementsuchauthority; 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 initsdiscretion areappropriate, whilecontinuingtofulfillthis obligation. 7 Del. C. 

## S 6003(a)(1) requires apermit fromthe 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 orpermanent injunction ortemporary restraining order for any discharge of an air contaminant without apermit, and issue cease and desist orders for violations (7 Del. C. 

## S 6018). Thus, it necessarily follows that any discharge ofan 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 ordertohalttheviolation. (H) ~110(a)(2)(H)Requirement: 

### Provide forrevision of suchplan

- (i) fromtimeto time as may benecessary totake accountofrevisions ofsuchnationalprimary orsecondary ambient airquality standard orthe availabilityofimprovedormore expeditious methods

10 Sec. 303- Notwithstanding any otherprovisions ofthis Act, the Administrator upon receipt ofevidencethat a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to public health or welfare, orthe environment, may bring suit onbehalf ofthe 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 ofair 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, theAdministrator shall consultwith appropriate State andlocal authorities and attempt to confmn the accuracy of the information on which the action proposed tobe taken isbased. Any orderissuedbytheAdministratorunderthis section shallbeeffectiveupon issuance andshall remain in effect foraperiod ofnot morethan 60days, unless the Adrriinistratorbrings an action pursuant to the fIrst sentence of this section before the expiration of that period. Whenever the Administratorbrings suchanactionwithinthe 60-dayperiod, suchordershallremain ineffectforanadditional 14daysorforsuchlongerperiod asmaybe authorizedbythecourtinwhichsuchactionisbrought.

13

### ofattaining suchstandard, and(ii)exceptasprovided inparagraph (3)(C),wheneverthe

Administrator finds on the basis ofinformation available to the Administrator that the planis substantially inadequateto attainthenational ambient airquality standardwhich itimplements or to otherwise comply with any additional requirements established underthisAct. Delaware's Plan: 

### Delawarewillreview andrevise its SIPfromtimetotimeas maybe necessary to take account of revisions of such primaryor 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 issubstantially inadequate to attain the NAAQS which it implements or to otherwise comply with any additional requirements established undertheCAA. (I) ~110(a)(2)(I)Requirement: 

### In the case of a plan or plan reVlSlonfor an area designated as a<non-attainment area, meet the applicable requirements ofpart D (relatingtonon-attainmentareas). Delaware's Plan: 

### ThisdoesnotapplybecausenopartofDelawareisdesignated nonattainmentforthe2010 SOzNAAQS. (J) ~110(a)(2)(J)Requirement: 

### Meetthe applicablerequirements ofsection 121 (relating to consultation), section 127 (relating to public notification), and part C (relating to prevention ofsignificantdeteriorationofairqualityandvisibilityprotection). 11 Delaware's Plan: 

### Delaware will meet the applicable requirements ofsection 121 (relatingtoconsultation), section 127(relatingtopublicnotification), andpartC(relating topreventionofsignificantdeteriorationofairquality andvisibilityprotection); butmay makeschangesthatitbelieves inits discretionareappropriate,whilecontinuingtofulfill thisobligation. Atpresent,Delawaredoessoutilizingthefollowing:

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 ofpollution, or (2) any measure referred to
- (A) inpart D), or (B) inpart C, andin carrying out therequirements of ~I13(d), the State shall provideasatisfactoryprocess ofconsultationwithgeneralpurpose localgovernments, designatedorganizations ofelectedofficials of local governments and any FLMhaving authority over Federal landto which the State planapplies. Suchprocess shallbeinaccordancewithregulationspromulgatedbyEPA. Onlyageneralpurpose unit of local government, regional agency, or council of governments adversely affected by action ofEPA approvinganyportion ofaplanmaypetitionforjudicialreview. ~127.(a)

-Eachplan shallcontainmeasurestoregularlynotifythepublic ofwhenanyNAAQS isexceededor wasexceededduring thepreceding year, to advisethepublic ofhealthhazards associated with suchpollution, andto enhance awareness ofmeasures which canbe takento preventthe standards frombeing exceeded and waysinwhichthepublic canparticipateinregulatoryandothereffortstoimproveairquality,

14

### • 7 DE Admin. Code 1132, Transportation Conformity, provides a legal platform for the various consultation procedures that have been developed between DNREC, DELDOT, andtheMetropolitan PlanningOrganizations (MPOs). TheMPOsprovide 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 forumforinter-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 inthe newspapers and in the Delaware Register, and which have allowed forcommentby 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 andregulations inthe approvedDelaware SIPspecifythe organizationsresponsible forimplementingandenforcingtheplans.

• DNREC makes real-time andhistorical air quality information available on its Web site.

• PSD requirements necessary to implementthe 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 aresultofthe2010 S02NAAQS. Delaware is complying with, and will continue to comply with the visibility protection and regionalhazeprogramrequirements underPartCoftheCAA. (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 onambientair quality ofany emissions ofanyairpollutantforwhich theAdministrator has .established a national ambient air quality standard, and (ii) the submission, upon request, ofdatarelatedto suchairqualitymodelingtotheAdministrator. Delaware's Plan: 

### Delaware has the authority and technical capability to conduct air quality modeling in order to assessthe effectonambient airquality ofrelevantpollutant emissions, and will continue to perform modeling as necessary, but may make changes thatitbelieves inits discretion areappropriate, while continuing to fulfillthis 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 orinotherwaysthatEPAmayrequest.
12 Permit modeling requirements are specified in Section 3.0 of DE Admin Code 1125. Requirements for Preconstruction Review. as approved byEPAonOctober2,2012 (77FR60053).

15(L) ~110(a)(2)(L)Requirement: Require the owner or operator of each major stationary source to pay to the permitting authority, as acondition ofany permit required under this Act, a fee sufficient to cover - (i) the reasonable costs ofreviewing and acting upon any application for such apermit, and (ii) ifthe owner or operator receives apermit for such source, the reasonable costs ofimplementing 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 ofa 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 acondition ofany permit required under this Act, afee sufficient to cover (i) the reasonable costs ofreviewing and acting upon any application for such apermit, and (ii) ifthe 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 ofa fee program under title Vpursuant 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) forthe 2010 SOzNAAQS.

16STATE 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 FaxNo.: (302) 739 - 3106

A public hearing was held April 24, 2013 on arevision to the State ofDelaware State Implementation Plan (SIP) to address the implementation, maintenance, and enforcement ofthe National Ambient Air Quality Standards (NAAQS) forthepollutant sulfur dioxide (S02). Pursuant to sections 11O(a)and 110(a)(2) ofthe Clean Air Act (CAA), each State is required to submit to EPA a SIP to provide for the implementation, maintenance, and enforcement ofanewly promulgated orrevised NAAQS. The Department revised the SIP to include adocument that demonstrates Delaware has fulfilled this requirement of Section 110(a)(2)(A)-(M) relative to the 2010 S02 NAAQS. The effective date ofthis revision isJune 1,2013. Ifurther certify that the hearing was held in accordance with the notice required by Subsection 51.102 of40 CFR 51.

Ali Mirzakhalili, P.E. Director Division ofAir 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 

## atached, 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 ofthe CleanAirAct (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 propOsedSIP 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 Iregisterlapril2013/.

. ., .. - ~ A 'public hearing will be held Wednesday,~April 24, 20l3,beginning.at 6:00 p.m. in'the Kent COuntyAdminiStrative 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 orwish to submit your comments in advance of the public hearing, pleaseaddressyour comments to: JackSipple Divisiol1ofAirQuality 655S, BayRoad Suite 5N Dover,DE 19901

I
- THIS IS THEmiLY TIME THIS NOTICE WILL APPEAR 438877 DSN3/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~
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