UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION Ill 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

The Honorable Collin P. O'Mara, Secretary 

Department of Natural Resources and 

Environmental Control 

89 Kings Highway 

Dover, Delaware 19901 

Dear Secretary O'Mara: 

DEC 0 3 2013 

On October 17, 2013, the U.S. Environmental Protection Agency (EPA) received a revision to 

the Delaware State Implementation Plan (SIP) from the Department of Natural Resources and 

Environmental Control (DNREC) pertaining to a revision of 7 DE Admin Code 1125 - Requirements 

for Preconstruction Review, Section 2.5 Emission Offset Provision. EPA has determined that the 

submittal is administratively and technically complete. 

If members of your staff have any questions, they may direct them to Mrs. Amy Johansen, Air 

Protection Division, at (215) 814-2156, or atjohansen.amy@epa.gov. She is the principal contact for 

this rulemaking. 

cc: Mr. Ali Mirzakhalili, DNREC 

Sincerely, . 

))lt~/r-ldi :y/ 

Diana Esher, irector 

Air Protection Division 

Y Printed on 100% recycled/recyclable paper with 100% post-consumer fiber and process chlorine free. 

Customer Service Hotline: 1-800-438-2474 
1.. 

~ 

SIP Submitted by: 

Date Submitted: 

Subject: 

Completeness Review 

Completed by: 

Date Completed: 

SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST 

(in accordance with 40 CFR Part 51 - App. V) 

The Honorable Collin P. O'Mara, Secretary 

October 15, 2013 

Revision to 7 DE Amin. Code 1125- Requirements for Preconstruction Review, Section 2.5 Emission 

Offset Provision 

Mrs. Amy Johansen 

November 14,2013 

Administrative Materials ACCEPTABLE --

I EPA REQUIREMENT I STATE SUBMITTAL I (X) I 

1. A formal letter of submittal from the Governor or his 1. Letter from Secretary, Collin P. O'Mara p- designee, requesting EPA approval of the plan or revision 

thereof. 

2. Evidence that the State has adopted the plan in the State code 2. Issuance- August 13, 2013- Effective- September 11, p- or body of regulations; or issued the permit, order, consent 2013. 

agreement in final form. That evidence shall include the date 

of adoption or fmal issuance as well as the effective date of the 

plan, if different from the adoption/issuance date. 

3. Evidence that the State has the necessary legal authority 3. DE has legal authority to adopt and implement the plan. p- under State law to adopt and implement the plan. 

4. A copy of actual regulation, or document submitted for 4. Yes 

!approval and incorporation by reference into the plan, including pindication of the changes made to the existing approved plan, 

twhere applicable. The submittal shall be a copy of the official 

State regulation/document signed, stamped, dated by the 

!appropriate State official indicating that it is fully enforceable 

lby the State. The effective date of the regulation/document 

shall, whenever possible, b~indicated in the document itself. ~-
EPA REQIDRE:MENT STATESUB:MITTAL (X) 

5. Evidence that the State followed all of the procedural 5. Yes ~ equirements of the State's laws and constitution in conducting 

and completing the adoption/issuance of the plan. 

6. Evidence that public notice was given ofthe proposed 6. Published 8/19/12 

change consistent with procedures approved by EPA, including ~ 

he date of publication of such notice. 

7. Certification that public hearings were held in accordance 7. Yes, Public hearing was help on September 27, 2012. ~ twith the information provided in the public notice and the 

State's laws and constitution, if applicable. 

8. Compilation of public comments and the State's response 8. Yes ~ ~hereto. 

Technical Suooort 

EPA REQIDREMENT STATESUB:MITTAL (X) 

l. Identification of all regulated pollutants affected by the plan. 1. Yes, NOx and VOC ~ 

~- Identification of the locations of affected sources including 2. Affected sources are primarily in Delaware. However, DE ~ !the EPA attainment/nonattainment designation of the locations is proposing to expand area where major new/modified 

fand the status of the attainment plan for the affected area(s). stationary sources can obtain emissions offsets to include 

Connecticut, Illinois, Indiana, Kentucky, Maryland, Michigan, 

Missouri, New Jersey, New York, North Carolina, Ohio, 

Pennsylvania, Tennessee, Virginia, West Virginia, and 

Wisconsin. All have non-attainment areas and some have 

" ... Inexplicably other portions are designated as attainment, for 

' 

ozone NAAQS." 
EPAREQIDREMENT STATE SUBMITTAL (X) 

3. Quantification of the changes in plan allowable emissions 3. Some discussion on emission in respons~ to comments, but 

from the affected sources; estimates of changes in current not the essence of the SIP revision. DE feels this SIP revision 

actual emissions from affected sources or, where appropriate, will enable them to attract new major sources and allow for ~ quantification of changes in actual emissions from affected major modifications in their state. "As a result of 

sources through calculations of the differences between certain implementing and enforcing state and federal regulations, 

baseline levels and allowable emissions anticipated as a result Delaware sources are now well-controlled and obtaining offsets 

of the revision. is increasingly costly and difficult." 

4. The State's demonstration that the national ambient air 4. N/A 

~uality standards, prevention of significant deterioration ~ 

ncrements, reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is approved 

and implemented. 

5. Modeling information required to support the proposed 5. DE points to CSAPER and how all" ... 15 upwind states 

evision, including input data, output data, models used, significantly impact Delaware, Delaware has proposed to revise 

ambient monitoring data used, meteorological data used, 7 DE Admin. Code 1125 to make it clear that emission offsets ~ ·ustification for use of offsite data (where used), modes of may be obtained from any area in the 15 states that 

models used, assumptions, and other information relevant to significantly impact Delaware." 

the determination of adequacy of the modeling analysis. 

6. Evidence, where necessary, that emission limitations are 6. N/A 

based on continuous emission reduction technology. ~ 

7. Evidence that the plan contains emission limitations, work 7. N/A 

practice standards and recordkeeping/reporting requirements, ~ 

where necessary, to ensure emission levels. 

8. Compliance/enforcement strategies, including how 8. N/A I 

compliance will be determined in practice. ~ 

9. Special economic and technological justifications required 9. In DE's SIP revision they state that " ... obtaining offsets is ~ by any applicable EPA policies. (If a policy is not appropriate, increasingly costly and difficult."- Justification not required 

explain why.) by any EPA policies. NA NSR rules specify that cost is not a 

factor for LAER or offsets. -
' 

EPA REQUIREMENT STATE SUBMIT'IAL (X) 

10. A Section 107 request must be accompanied by a 

10. N/A maintenance plan demonstrating maintenance to the relevant 17 

NAAQS for at least 10 years after redesignation.