### .... 

# . HEARING OFFICER'S REPORT

Regarding: Proposed Revision to the State Implementation Plan (SIP): Administrative and Non -Sub stantive Changes to Delaware 's Regulations Governing the Control of Air Pollution

Lisa A. Vest Hearing Officer

August 7, 2008

## I. 

## Background: On Thursday, July 31, 2008, a public hearing was held in the Priscilla Building Conference Room of DNREC in Dover to receive public comment on a proposed revision to the State Implementation Plan (SIP) regarding administrative and non-substantive changes to Delaware's Regulations Governing the Control of Air Pollution . The purpose of this SIP revision is to make the necessary administrative changes in all existing Delaware SIP regulations so that the language uses and the styles are all consistent with Delaware 's Administrative Code for drafting regulations , to wit: the Delaware Manual for Drafting Regulations (March 2006). Some additional non-substantive changes and corrections of existing clerical errors have been proposed to these SIP regulations by the Department at this time as well. It should be pointed out that the aforementioned administrative changes are completely non-substantive, and that these changes, along with the correction of clerical errors as noted above, do not alter the regulatory features of any existing individual SIP regulations (i.e., effective dates, regulatory limits and/ or requirements, compliance schedules, enforcement procedures, etc .). The proposed SIP revisions, along with copIes of all Delaware existing SIP regulations with the proposed changes, were published in the Delaware Register of Regulations for public review and comment on July 1, 2008. The documents have been available for public review and
2

## comment in DNREC's Air Quality section offices in both Dover and New Castle since June 16 , 2008. On July 2, 2008, the proposed SIP revisions and the related SIP regulations were sent to the U.S . Environmental Protection Agency (i.e., "EPA") Region III office for pre-hearing review and comments. On July 30, 2008, the Department received a letter from the U.S. EPA Region III Office, stating that the EPA had determined (and agreed) that the proposed changes as described in the hearing documents were purely administrative in nature, and would not change the substance or intent of any affected rules if adopted. No public comment regarding these proposed SIP revIsIons were received by the Department, either during the pre-hearing phase of this matter or at the public hearing itself on July 31, 2008, nor were any members of the public present at said hearing. Proper notice of the hearing was provided as required by law. 

## II. Summary of Hearing Record: A. Exhibits: Exhibit No.1: Copy of the Register notice for the proposed SIP revisions, and the proposed Delaware SIP revision, both published in the July 1 , 2008 edition of the Delaware Register of Regulations; 

## Exhibit No.2: Copy of the State of Delaware's Regulations Governing the Control of Air Pollution, with changes as set forth in the proposed SIP revision;
3

## Exhibit No.3: 

## Copy of the affidavits of publication from the News Journal, the Sunday News Journal, and the Delaware State News regarding the notice of this public hearing, which were published on June 22, 2008; Exhibit No.4: 

## Copy of the legal notice mailed to the Department' s mailing list to notify the addressees of this public hearing and its subject matter; and Exhibit No.5: 

## Copy of the letter received by the Department from the U.S. 

## EPA Region III Office dated July 30, 2008, regarding the proposed SIP revision and the related State of Delaware Regulations Governing the Control of Air Pollution. B. Findings of Fact: 

## Frank Gao , Environmental Engineer in the Planning Branch of the Air Quality Management Section of the Department's Division of Air and Waste Management, was the project leader for this proposed SIP revision subject matter, and served as the principal author of the same as well. After entering the Department's aforementioned exhibits into the formal public hearing record of this matter, Mr . Gao provided a brief background with regard to this proposed SIP revision project.

4

## Over the past three decades, the State of Delaware has developed 48 regulations governing air 

## quality management in Delaware. Among those 48 regulations, 32 have been approved by the U.S. EPA as individual SIP revisions, and are listed accordingly in 40 CFR 52. Those regulations, having been developed by the Department over a long period of time, have adopted different coding and numbering methods and styles. These variances have resulted in confusion and misunderstandings when updating the same .The purpose of this SIP is to update all of Delaware 's existing individual SIP regulations to one uniform style, in accordance with the Delaware Administrative Code, "Manual for Drafting Regulations (March 2006)". In addition to this style update, several clerical errors are being corrected in the existing SIP regulations as well. Again, the aforementioned administrative changes are completely non-substantive , and these changes, along with the correction of errors as noted above, do not alter the regulatory features of any existing individual regulations (i .e . , effective dates, regulatory limits and/or requirements, compliance schedules, enforcement procedures, etc.). For brevity's sake, and for the Secretary's understanding in this matter, copies of the Department's Exhibit # 

## 1 (the Register Notice for this proposed SIP revision, and the proposed Delaware


## 5

## SIP reVISIOn itseln is attached hereto as Attachment "A", and IS 

## expressly incorporated herein to this Hearing Officer's report . III. Conclusions and Recommended Findings: 

## On the basis of the record developed in this matter, it appears that the Air Quality Management Section of the Department has provided a sound basis for the proposed reVISion to Delaware 's State Implementation Plan (SIP), specifically , with respect to the aforementioned administrative and non-substantive changes to the SIP regulations. Therefore, I recommend that the Department's proposed revisions to the State Implementation Plan and the SIP regulations be made, and that the proposed amendments be promulgated in final form, In 

## accordance with the customary and established rule-making procedure required by law . I further recommend the following additional findings: 1. Proper notice of the hearing was provided, as required by law. 2. The Department has jurisdiction under its statutory authority to make a determination in this proceeding. 3. The Department provided adequate public notice of the proceeding and the public hearing in a manner required by the law and regulations. 4. The Department held a public hearing in a manner required by the law and regulations . 6

## 5. Delaware's SIP Regulations Governing the Control of Air Pollution , as a result of having been developed by the Department over a long period of time (approximately 40 years), have adopted different coding and numbering methods and styles. These variances have resulted in confusion and misunderstanding when updating the same. 6. Adoption of the proposed administrative and nonsubstantive revisions to all of Delaware's existing SIP regulations will result in uniform language use and style consistent with the Delaware Administrative Code for drafting regulations, to wit: the Delaware Manual for Drafting Regulations (March 2006 edition) . 7. The adoption of the proposed reVISIOns to the SIP regulations , which are strictly administrative and non-substantive in nature , will not alter any regulatory features of any existing individual SIP regulations, such as effective dates , regulatory limits and/or requirements, compliance schedules, enforcement procedures, etc. 8. Moreover, the adoption of the SIP revisions to correct the clerical errors present in 

## Delaware's current SIP regulations will provide better clarity and a fuller understanding of the regulatory language contained within all existing individual SIP regulations to the general public and the regulated commu nity.

7

## 9. The proposed SIP revisions should be issued in final form and adopted as the Department's final action, and be published as a Notice in the 

## Delaware Register of Regulations in the next available issue.

\ ahear \ SIP.Admin .Nonsubstant.changes.08



### 8

# ATTACHMENT 

# "A"

# PROPOSED REGULATIONS DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENT 

### Statutory Authority: 7 Delaware Code, Chapter 60 , (7 DeI.C
. Ch
. 60) REGISTER NOTICE 1. Title ofthe Regulations : 

## 29

DELAWARE STATE I MPLEMENTATION PLAN : Administrative and Non-Substantive Changes to Delaware 's Regulations Governing the Control of Air Po ll ution 

### 2 . Brief Synopsis of the Subject, Substance and Issues: Over the past 

### 40 years , Delaware has adopted 

### 32 air regulations that are approved by the US Environmental Protection Agency (EPA) as state implementation plan (SIP) revisions
. Another four regulations have been submitted to EPA and are currently pending EPA approval into Delaware SIPs
. The purpose of this SIP document is to update all these SIP regulations to a uniform style i n accordance with the Delaware Administrative Code . " Manual for Drafti ng Regulations (March 

### 2006)." In addijion to this style update. several typo and misprint-type errors are also be i ng corrected in this SIP revision
. The administrative changes
. non-substantive changes and correction of errors do not atter regulatory features of any i ndividual regu lation . such as effective date
. app licability
. regu latory li mij and requ i rement . compl iance and monitoring schedule
. enforcement procedures
. etc . 

### 3 . Possible Terms of the Agency Action : None
. 

### 4 . Statutory Basis or Legal Authority to Act: 

### 7 Del. C
.• Ch 

### 60. Environmental Control 

### 29 Del. C.• Ch 

### 101 . Administrative Procedures 

### 5 . Other Regulations that may be Affected by the Proposal: None 

### 6. Notice of Public Comment : Th is SIP revision and all Delaware AQM regulations under ij are available for pub li c review at offices of DNREC-DAWM Air Qua l ity Management Section ( AQMS). Dover and New Castle
. A public hearing will be held on July 

### 31, 2008 . beginning at 

### 6 :00 pm . in AQMS Conference Room. 

### 2nd Floor
. Priscilla Building. 

### 156 South State St reet . Dover. DE 

### 19901 . Comments on this SIP revis ion and all regulations under it can be sent to AQMS at the above address
. or presented at the hearing
. 

### 7 . Prepared by: Frank 

### F. Gao
. Project Leader Phone : 

### (302) 323-4542 . Date : June 

### 12 . 2008 E-Mail: Frank
.Gao@state
.de
. us Delaware State Implementation Plan Administrative and Non-5ubstantive Changes in Regulations Governing the Control of Air Pollution Submitted To U
. S
. Envi ronmental Protection agency By Delaware Department of Natural Resources and Environmental Control July 

### 2008
DELAWARE REGISTER OF REGULATIONS
. VOl. 

### 12, ISSUE 1, TUESDAY, JULY 

### 1, 2008

## 30 

# PROPOSED REGULAliONS Acronym List AQM AQMS CAA CAAA CFR DAWM -DNRECEPA Air Quality Management Air Quality Management Section of DNREC Clean Air Act Clean Air Act Amendments of 1990 Code of Federal Regulations Division of Air and Waste Management of DNREC Delaware Department of Natural Resources and Environmenta l Control United States Environmental Protection Agency FRNAAQSNOx Federal Register National Ambient Air Quality Standard Nitrogen Oxides SIP VOC State Implementation Plan Volatile Organic Compound 1.0 Introduction 1.1 Background In the past three decades or so , Delaware has developed 48 regulations for ambient air quality management. Under Section 110 of the Clean Air Act (CAA) , an air quality management (AQM) regulat ion , when relied upon to attain or ma i ntain the national ambient air quality standards (NAAQSs), must go through public review-comment and hearing process , and then be submitted to US Environmental Protection Agency (EPA) for approval as a state implementation plan (SIP) revision. nle 29 , Chapter 101 of the Delaware Code (29 DeI.C. , Ch 101) requires that regulatory agencies in Delaware develop and adopt regulat ions , and publish the regulations in the Delaware Register of Regulations through the Registrar' s Office under Division of Research of the General Assembly. The Registrar's Office has developed guidelines and drafting manuals for Delaware regulations
. The latest edition of draft in g and style manual , entitled " Delaware Manual for Drafting Regu lations ," was issued as De laware Adm i nistrative Code in March 2006 (see Appendix A of this document , hereafter referred to as "the 2006 drafting manual " or simply as "the 2006 Manual ")
. Since the 2006 drafting manua l was issued , several Delaware AQM regulations have been formatted to comp ly with the standards specified i n the manual. However, a majority of the Delaware AQM regulations have not been updated
. 1.2 Purpose and Scope Among the 48 Delaware AQM regulations , 32 regulations have been approved by EPA as Delaware state implementation plan (SIP) revisions , and are listed in 40 CFR Part 52 Subpart I (hereafter referred to as SIP regulations). They are : Regulation 1 "Definitions and Administrative Principles "; Regulat ion 1102' "Permits" ; Regulation 3 "Ambient Air Quality Standards "; Regulation 4 " Particulate Emissions From Fuel Burning Equ i pment"; Regulation 5 ' Particulate Emissions From Industrial Process Operations '; Regulation 6 " Particulate Emissions From Construction and Materials Handling "; Regulation 7 " Particulate Emiss ions From Incineration" ; Regulation 8 " SuWur Dioxide Emissions From Fuel Burning Equipment"; Regulation 9 " Emissions of Sulfur Compounds From Industrial Operations "; Regulation 10 'Control of Sulfur Dioxide Emissions-Kent and Sussex Counties "; Regulation 11 " Carbon Monoxide Emissions From Industrial Process Operations New Castle County"; DELAWARE REGISTER OF REGULATIONS, VOL. 12, ISSUE 1, TUESDAY, JULY 1, 2008

# PROPOSED REGULAliONS Regu lation 12 " Control of N nrogen Oxide Em iss ions'; Regulation 1113* ' Open Burning '; Regulation 14 "Visib le Emissions ' ; Regulation 15 "Air Pollution Alert and Emergency P lan '; Regulation 16 "Sources Having an Interstate Air Pollution Potential '; Regulation 17 ' Source Monnoring , Recordkeeping and Reporting '; Regulation 23 " Standards of Performance for Steel Plants: Electric Arc Furnaces '; Regulation 1124* ' Control of Volatile Organic Compound Emissions'; Regulation 1125* ' Requirements for Preconstruction Review" (Sections 1 , 2 and 3) ; Regulation 26 " Motor Vehicle Emissions Inspection Program ' ; Regulation 27 ' Stack Heights '; Regulation 31 " Low Enhanced Inspection and Mai ntenance Program '; Regulat ion 1132' ' Transportation Conformny' ; Regulation 35 "Conformny of General Federal Actions to the State Implementation Plans "; Regulation 37 " NOx Budget Program '; Regulation 39 ' Nnrogen Oxides (NOx) Budget Trading Program ' ; Regulation 40 "Delaware's National Low Emission Vehicle (NLEV) Regulation '; Regulation 41 ' Limiting Emissions of Volatile Organic Compounds From Consumer and Commercial Products '; Regulat ion 42 ' Specific Emission Control Requirements (Section 1 )"; Regulation 1144* ' Control of Stationary Generator Em issions '. 

### 31

[* Indicating a regulation (or a section or sections there i n) that has been revised after the issuance of the 2006 drafti ng manual. The prefix of ' 11 ' in ' 11##' in a regulation title number represents Delawa re administrative code for Air Quality Management Section . See 2 .2 of this SIP rev ision .) In addn ion , the following regu lations have been submitted to EPA as SIP revisions and pending EPA's approvals : Regu lation 1143 ' Heavy Duty Diese l Eng i ne Standards'; Regulation 1145 " Excess ive Idling of Heavy Duty Veh icles '; Regulat ion 1146 ' Electric Generating Unit (EGU) Multi-Pollutant Regulation '; Regulation 1148 ' Contro l of Stationary Combustion Turb i ne Electric Generating Unit Emissions ". The purpose of th is SIP revision is to make all Delaware SIP regulations (Le ., both listed and not-yet listed i n 40 CFR Part 52 Subpart I) consistent with the 2006 Manual. In addition , some non -substantive changes and corrections of errors have been made
. Exclusively for this SIP revis ion : Admin istrative or ed itorial changes are those under the adm i nistrative authority granted to Delaware Registrar's Office by 29 DeI.C. Ch 1134 and are applicable to all Delaware regulations for consistency purpose. Therefore , all Delaware air regulations , both existing ones and future ones , shall follow
. Non-substantive changes are those made for clarification and consistency purposes and do not**a~er** or amend the intent or meaning of the subject regulation
. Ednorial changes also i nclude correction of errors due to typos or misprints when a regulation was developed or revised to its current version
. The above changes are made on the current AQM regulations , and reflected by**stFiI,ee~ts "**  for deletions and ' underlines' for addn ions , as required by the 2006 Manual. After the above changes are made , the regulations and relevant terms (languages , codes , styles , formats , etc .) are defined as being " revised ' in this SIP revis ion . All revised SIP regulat ions are presented in Appendix B of this SIP 

### revis ion . DELAWARE REGISTER OF REGULATIONS, VOL. 12, ISSUE 1, TUESDAY, JULY 1, 2008

## 32 

# PROPOSED REGULAliONS It should be poin ted out that the adm i nistrative changes , non-substantive changes and correct ions of errors do not alter regulatory features of individual regulations , such as effective date , applicability, regu latory li mit and requirement , compliance schedule , enforcement procedures , etc . 1 .3 Exclusions The following five SIP regulations (or sections) are not included in this SIP revis ion: Regulat ion 31 'Low Enhanced Inspection and Maintenance Program "; Regu lation 37 " NOx Budget Program "; Regulation 41 ' Limiting Emiss ions Of Volatile Organ ic Compounds From Consumer And Commercial Products (Section 2)" ; Regulation 42 ' Specific Emission Control Requirements (Section 2)". Regulations 31 and 41 (Section 2) are not included because they are currently under SUbstantive revis ion . Regulation 1142 (Section 2) is not i ncluded because it is under consideration for revision
. The administrative and non-substantive changes in those regulations (or sections) w i ll be made in the i r revisions
. Regu lation 37 is not i ncluded because it expired in 2002 . Although the above regulat ions are not included i n this SIP revision , they shall be referenced in the future under the new title code of ' 7 DE Admin Code 1100 : For example , Regulation 31 will be referenced as ' 7 DE Admin Code 1131 " , i nstead ' Regulation 31 ." The new title codes and numbers are used for consistency purpose . See discussions in 2.2 and 2 .5 of this SIP document. Many current AQM regulat ions have citations of the federa l laws and documents (such the Clean A i r Act , the Federa l Register, and the Code of Federa l Regulations)
. Some regulations contain append ixes that are adopted directly from federal documents , and documents of other state agencies , or other sources . The adm i nistrative changes , non-substantive changes and corrections under this SIP revis ion do not app ly to contents of those citat ions and the appendixes directly from the aforementioned other sources . 1.4 Non-SIP Regulat ions The following AQM regulations are not included in 40 CFR Part 52 Subpart I li st , but have been adopted by Delaware to deal w ith a i r quality issues not d irectly related to NAAQSs : Regu lation 18 ' Particulate Em issions from Grain Handl i ng Operations " ; Regulat ion 19 ' Control of odorous Contaminants" ; Regu lation 20 ' New Source Performance Standards"; Regulation 21 ' Emission standards for hazardous Air Pollutants ' ; Regu lation 22 ' Restriction on Quality of Fuel in Fuel Buming Equipment'; Regulat ion 1125" ' Requirements for Preconstruction Review" (Section 4 ); Regulation 28 ' Control of Toxic Air Contaminants-Reserved "; Regulation 29 ' Emissions from Incineration of Infectious Waste' ; Regu lation 30 ' Title V state Operating Permit Program ' ; Regulation 33 ' Motor Vehicle Pressure Test and Em iss ion Control Device Inspection Program ' (Replaced by Regulation 31) ; Regu lation 34 ' Em iss ion Banking and Trading Program "; Regulation 36 'Acid Rain Program ' ; Regulation 1138 ' Emission Standards for Hazardous Air Pollutants for Source Categories ' ; Regulat ion 47 Reserved
. The above regulations are not considered as Delaware SIP regulations
. Therefore , they are not i ncluded i n t h is SIP revision ,**a~hough** the administrative and non-substantive changes in those DELAWARE REGISTER OF REGULATIONS, VOL. 12, ISSUE 1, TUESDAY, JULY 1, 2008

# PROPOSED REGULATIONS 33 regulations are conducted along with this SIP revision for consistency purposes . Delaware Registrar's Office is i n charge of updating those regulations under 29 DeI.C
.• Ch 1 134 . The proposed revisions of those non-SIP regulations can be reviewed at: http ://reaulat ions .delaware
.gov/AdminCodeltitle 7/1000 /1 1

### OOli ndex
.shtml#TopOlPage Comments on those non-SP regulations can be addressed to Jeffrey Hague , Registrar of Regulations , Delaware Leg islative Counci l , at e-mail addressJeffrey
. Hague@state
.de
. us . or sent to Office of Registrar of Regulations , P
.O
. Box 1401 , Dover, DE 19903 . 1 .5 Responsibility and Contacts The agency with direct respcns ibility for preparing and submitting this SIP revIs ion is De laware Department of Natural Resources and Environmental Control (DNREC), Division of Air and Waste Management (DAWM) , Air Quality Management Section (AQMS) , under Section Administrator, Al i Mirzakhalili
. The working responsibility for Delaware a i r quality planning and regulation development falls within AQMS ' Planning Branch , under Program Manager Ronald A. 

### Amirikian
. Frank F. Gao , Ph
. D
. and P
. E. , of the Planning Branch , is the project leader and principal author of this SIP rev ision
. Questions and comments should be addressed to either Ronald A
. Amirikian at (302)739-9402 or Ronald
.Amirikian@state
.de
. us, or to Frank 

### F. Gao at (302)323-4542 or Frank
.Gao@state.de
. us , or sent to AQMS , 156 South State Street , Doer, DE 19901 . 2.0 Administrative Changes 2 . 1 Font Face and Size The 2006 Manual specifies that all Delaware regulat ions be drafted in Arial font face and 12-poi nt fon t size . Accord i ngly, all AQM SIP regulations are converted to Arial font face and 12-point font size under this SIP revision
. This font-change is not reflected with strikeouts and underlines in the revised regulations , since such change does not alter any mean ing of the subject regulat ions i n any aspect . 2 .2 Regulation Title Coding and Numbering Historically, Delaware AQM regulations have been grouped i n " Delaware Regulat ions Governing the Control of A i r Pollution ," and numbered from 1 to 48 (Arabic numbers) without an indentifying or administrative code
. Under the current Delaware administrative coding system , all AQM regulations should be under "Trtle 7 DNREC , 1100 Air Quality Management Section " and be coded with four dig its in a format of " 11##", where the first two digits " 11 " specify "AQMS " and the second two digits "##" 

### are the regulation numbers
. Accord i ng to this requirement , titles of all Delaware AQM regulations are recoded as follows , using Regu lation No
. 1 as an examp le , with strikeouts representing deletions and underlines for additions : Title 7 PNREC 1100 Air QualitY Management Section**REGblLATIO~~ ~JO** **.** 1 

### 1101 DEFINITIONS AND ADMINISTRATIVE PRINCIPLES Under this SIP revision , all revised regulations use a bold-face text for their titles
. In case that a current title used a regular-face text , this regular-to-bold change is not indicated by using strikeouts and underlines , since such change does not alter any meaning of the title in any aspect . 2 .3 Format of Definitions Various formats for definitions of terms have been used in Delaware AQM regulat ions . According to the 2006 Manual , the following format has been adopted as a standard format in all AQM regulations under this SIP reVision , using "heat i nput" as an example , with strikeouts representi ng de letions and underlines for additions :
DELAWARE REGISTER OF REGULATIONS. VOL. 12. ISSUE 1. TUESDAY
. JULY 1.2008

### 34 

# PROPOSED REGULATIONS

" Heat input" I-IEA:r**I~JP6rp.** :rAe means the potential thermal energy resulting from the complete combustion of any fuel. In some regulations, such as in Regulation No
. 12 , the terms to be defined are not bolded , but are i n the standard format already
. In those cases , the change from un-bolded terms to bOld-face terms are not identified by strikeouts and unde rli nes , since such change does not aHer any meaning of the terms themselves and definnions that follow
. 2.4 Section and Subsection Numbering According to the format provided in the 2006 Manual , two changes are made with respect to sections in a regulation under this SIP revision : (1) All prefixes of " Section- " in section title lines are deleted ; (2) Sections are numbered us i ng a cons istent format of Arab ic numeral "# .0". A maj ority of t he current AQM negu lations have subsections of various levels , and use different symbols for subsections , such as lower-case letters (a , b ,. .. ) , Roman numbers (i , ii , .. .) , Arabic numbers i n parenthesis [(1) , ( 2) , ... j , upper-case letters ( A , S , ... ) , and paired lower-case letters (aa , bb , ... ). According to the format provided in the 2006 Manual , all those subsection symbols in the current AQM regulations are replaced by Arabic numbers under this SIP revision
. The following is an example from Regulation 24 , demonstrating changes in numbering of sections and subsect ions , with strikeouts represent i ng deletions and underlines for additions : 

### SeatteR 4**~** Compliance Certification, Recordkeeping, and Reporting Requirements for Coating Sources II &.-To establish the records
...**~** Ir.-Requ i rements for coating sources ...**~** +.-Certification
. By November 15 , 1993 , the owner or operator of a fac i lity
... by providing all of the follow i ng : 4 .2 . 1 . 1 i,-The name and location of the facility
.**~** ii,-The address and
... According to the format provided in the 2006 Manual , the bold-face is adopted for section titles in all rev ised regu lat ions . In those cases where a regular-to-bold face change is made , the change is not identified by strikeouts and underlines, since such change does not alter any meaning of the section title in any aspect. 2 .5 Citations in Regu lations According to the 2006 Manual , all AQM regulations should be cited as Delaware Administration Code by title and regulation numbe r (for code titles and numbers , see 2 .2 of this SIP revis ion ). Therefore , citations of another regulation are revised to the following standard format , using an excerpt from Regulat ion No
. 2 as an example , with st rikeouts represent i ng deletions and underlines for additions :

... i n an operation permit issued pursuant to**Reg~lalieA** Ne
. 397 PE Admin. Code 1130 . In several AQM regulations , Delaware's solid waste regulation is cited
. According the 2006 Manual , and the latest version of that regulation , the citation is changed to :

... IAe Se l ia VVasle**Reg~lalieAs** 7 PE Admin. Code 1301 , Regulations Goveming Solid Waste
. Another common citat ion i n the AQM regulations is the Delaware Code
. According to the 2006 Manua l , the followi ng standard format is adopted i n all AQM regulations under t his SIP revision , us i ng Title 29 of Delaware Code , Chapter 80 as an example : DELAWARE REGISTER OF REGULATIONS, VOL. 12 , ISSUE 1 , TUESDAY, JULY 1 , 2008

# PROPOSED REGULATIONS 35

... as defined in 29 Del
.C
.. Ch 80 . In cases where an un-bolded " DeLC : is changed to a bold " DeI.C:, the strikeouts and underlines (Le ., ge!,G,**~** are not used in the revised regulations, since such change does not**a~er** any meaning of the subject in any aspect . In addition , the symbol "§" is used when a section of the Delaware Code is cited
. 2.6 Other Changes Based on the specifications in the 2006 Manual , the following changes are a lso made in all AQM regulations under Ihis SIP revision , with strikeouts representing deletions and underlines for additions : 2.6.1 Changing "and/or" to "or". Example : __ . previous permit aOOIor application
... 2 .6.2 Changing "word(s)" to "word or words"
. Example :... control**devi~** or devices
.. . 2 .6 .3 Spelling out numbers from 1 to 9 , except those followed by specifying symbols such as 

### %, 

## °c , OF , and those used for special terms such as "the 1-hour ozone standard : However, numerals between 1.0 and 9 .0 are not spelled out, due to the precision meaning held by the decimal place
. 2.6.4 Using Arabic numbers for 10 and greater, except when used at the beginning of a sentence . 2 .6 .5 Changing word " percent" following a numeral to "% ". Examples for the above three changes include :

... 3**~** years after the effective date
...

__ . 5**~eFeeRI ~**  of the emissions
.__



### ... tweAty j3ereeAt 20% 

### of the 

### emissions ... 2 .6 .6 Change " deg C and deg F" to "oC and OF", respectively
. Example : ... at 343**~ ~**  (650**~** 

### "E) or h igher
__ . 2.6 .7 Change dates in the text , for example , from " 12102/94" to " December 2 , 1994: This change is made according to the 2006 Manual. For those dates in front of a section title line, see 3.4 of this SIP revision
. 3.0 Non-Substantive Changes 3. 1 Addition and Deletion of Words 3 . 1 . 1 Additions In a current AQM regulation , its sections and subsections may be referenced frequently in the regulation itself. In addition , the federal Clean Air Act (the Act) may be cited frequently as well. To ensure precise citations and references, the terms "of (or in) this regulation " and "of (or in) the Act" are added wherever they seem necessary and adequate
. See examples in 3. 1 .2 of this SIP revision
. 3 . 1.2 Deletions In the current regulations , terms such "section , subsection , part , subpart , paragraph , and subparagraph " are used extensively , but not consistently and properly
. For example , the term "section " is used to denote not only sections , but oftentimes subsections and even subsubsections
. In addition , the term "paragraph" is used for sections and subsections which contain**mu~iple** paragraphs. Under this SIP revision, terms "section , subsection, part , subpart , paragraph , and subparagraph " are no longer used in front of section or subsection numbers
. Examples include :

__ ' pursuant to 

### seeIieR e{aHiH1),A, 5 . 1.1 . 1 1 of this regulation
__ . (See also 2.4 of this SIP revision .)

__ . to meet the requirements of Section 112(i)(1) of the Act... DELAWARE REGISTER OF REGULATIONS, VOL.. 12, ISSUE 1, TUESDAY, JULY 1, 2008

### 36 

# PROPOSED REGULATIONS (See also 1 .3 of this SIP revision
.) 3. 1.3 Deleting Specific Section and Subsection Numbers There are cases in the current regulations where there is only one subsection i n a section. This single subsection is no longer numbered under this SIP revision
. See example below , where "6.1" is deleted since it was to denote a single subsection in Section 6 . 8eetisA 

### & 

## i& RACTPROPOSALS 64 The RACT proposal submitted in accordance with
. . . 3 .2 Changing Italic Font Style to Regular Style In some current regulations , the italic font is used for the purpose of identifying terms that are defined in the subject regulations
. In other regulations, the italic font is used for other purposes, such as emphasis
. Under this SIP revision, the italic font is no longer used. This change is not indicated by strikeouts and underlines (e
.g ., 

### eMissieRs emissjons) in the revised regulations , s ince such change does not alter any meaning of the terms themselves and their contexts in any aspect . 3.3 Renumbering Tables and Equations' Tables or equations in the current AQM regulations are numbered in various ways . Under this SIP revision, a standard format of 

### "X_yo is adopted for all tables and equations , with 

### X denoting a section and Y denoting table or equation order in that section
. For example, the following changes are made in Section 7 of Regu lation 17 and Section 1 of Regulat ion 41 , for table number and equation number, respectively : TABLE**~** 

### Z:1
. ESTIMATED EMISSIONS METHOD CODE 1 .6 . 1 . 1 ... Determine the VOC content using equation 1-1 as follows : 

### VOC Content = 

### Ws - Ww - Wee Vm - Vw - Vee (1:1) When tables or equations appear in an appendix , they are also numbered with the standard format of 

### "X_yo, where 

### X denoting the appendix (A , B , ... etc . See 3 .5 of this SIP revision ) and Y denoting table or equation order in the append ix. For example , the 3,d equation in Appendix A is numbered as "A-3 ", 3.4 Dates Associated with Section Titles Historically, all Delaware AQM regulations have placed a date , in the format of 

### "mm/ddlyy" 0' 

### "mm/ddl yyyy," immediately i n front of or after a section title , indicating the date when the subject section was adopted in its latest vers ion . Those dates are mainly for record purpose , It is oftentimes necessary to revise or update only individual section or sections , but not the whole regulation
. Therefore , new requirements and supporting data are reflected only in the newly-adopted section or sections , It is determined , under this SIP revision , that those dates are maintained in all AQM regulations , in a consistent format of "mmlddlyyyy." 3,5 Appendixes 3.5 .1 Numbering Appendixes Appendixes i n a regulation are numbered using capital letters (A , 

## e, ...) under this SIP revis ion , In Regulation 24 , the current appendixes are numbered with capital letters in doub l e quotation marks (e,g ., Appendix "A"). All append ixes in Regulation 24 are renumbered with un-quoted capital letters under this SIP revision , without strikeouts and underlines (e
.g ., 

### !A! /','J .

DELAWARE REGISTER OF REGULATIONS, VOL. 12, ISSUE 1, TUESDAY, JULY 1, 2008

# PROPOSED REGULATIONS 37 In addition , all appendixes of AQM regulations are identifi ed us i ng bo ld-face (L e . , Appendi x) under th is S I P revis ion , to distingu ish them from appendixes of other documents cited in the AQM regu lations
. 3 .5 .2 Footnotes in Append ixes According to the 2006 Manual, footnotes should be presented at the end of a regulation
. For append ixes , however, footnotes are placed at the end of each appendix under this SIP revis ion . For example , footnotes used in an appendix of Regulat ion 24 are presented at the end of the subject appendix , instead of at the far end of the enti re regulation
. 3 .5 .3 References in Appendixes References in an appendix are no longer denoted by superscripts (i. e ., 1 , 2 , ... ) 

### under this SIP revision
. Instead , a directing text in parenthes is "(see # of th is appendix)" is used , where 

### "#" is the order number of the reference listed at the end of the appendix
. 3 .6 Other Changes Other non-substantive changes are made under th is SIP revision , mainly for cons istency and clarification purposes . The changes are indicated by strikeouts and underlines , and are selfexplanatory
. The fo ll owing is an example : 12 .8 tRF8I;JgR 12 19 [Reser;'eeU 

### 12.a [Reserved!**~** 

### [Reserved ! 1lJ..Q 

### [Reserved! 4,0 Correction of Errors Correction of errors under this SIP revis ion is self-exp lanatory. For example , the follow ing correction is made in 2 .3 of Regu lation 9 :

. .shall not apply
... to**~oleum** 

### storage and transfer faci lities . Examples of other self-explanatory corrections under th is SIP rev ision include : Correcting "C02 " to ' C0 2 "; 

### Correcting "cm3 " to · cm 3 .; 

### Correcting "the 31 st" to "the 31 s t"
. The above superscript or subscri pt corrections are not ind icated with strikeouts and unde rl ines in this SIP revision , si nce such correct ions do not**a~er** 

### any meaning of the subjects in any aspect . 5 ,0 Appendices A
. Dela w are Manual for Draft i ng Regulations , March 2006 Edition , Registrar's Office , Division of Research of the General Assembly, Dover, DE
. Available at http ://regu lations delaware
.gov/documents /drafti ng&stvlemanual
. pdf B
. Collection of Revised Delaware SIP Regulations
. Available at http ://regulations
.delaware
.gov /register/july2008/proposed/i ndex
.shtml#TopOfPage Under: DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Please Note: Due to the number and size of the SIP regulations they are not being published here , Copies are available at: hltp:llregulations,delaware.gov/register/july2008/proposed/index,shtml

DELAWARE REGISTER OF REGULATIONS, VOL. 12, ISSUE 1, TUESDAY, JULY 1, 2008