UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION Ill 1650 Arch Street Philadelphia, Pennsylvania 19103-2029

The Honorable Collin P. O'Mara, Secretary Department ofNatural Resources and

Environmental Control 89 Kings Highway Dover, Delaware 19901 Dear Secretary O'Mara: 

### DEC 03 2013

On October 17, 2013, the U.S. Environmental Protection Agency (EPA) received a revision to the Delaware State Implementation Plan (SIP) from the DepartmentofNatural Resources and Environmental Control (DNREC) pertaining to a revision of7 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. Ifmembers ofyour staffhave 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,

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Diana Esher, irector Air Protection Division



## Y Printedon 100% recycled/recyclablepaper with 100%post-consumer fiber and process chlorine free. Customer ServiceHotline: 1-800-438-24741..**~** 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

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# I EPA REQUIREMENT 

# I STATE SUBMITTAL 

# I(X) 

# I
1. A formal letter ofsubmittal from the Governor or his 1. Letter from Secretary, Collin P. O'Mara p- designee, requesting EPA approval ofthe plan or revision thereof. 2. Evidence thatthe State has adopted the plan in the State code 2. Issuance- August 13, 2013- Effective- September 11, p- or body ofregulations; or issued the permit, order, consent 2013. agreement in final form. That evidence shall include the date ofadoption or fmal issuance as well as the effective date ofthe plan, ifdifferent 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 lawto adopt and implement the plan.
4. A copy ofactual regulation, or document submitted for 4. Yes !approval and incorporation byreference into the plan, including pindication ofthe changes made to the existing approved plan, twhere applicable. The submittal shall be a copy ofthe official State regulation/document signed, stamped, dated by the !appropriate State official indicating that it is fully enforceable lby the State. The effective date ofthe regulation/document shall, whenever possible,**b~indicated** inthe document itself.**~-**EPA REQIDRE:MENT STATESUB:MITTAL (X) 5. Evidence that the State followed all ofthe procedural 5. Yes**~** equirements ofthe State's laws and constitution in conducting and completing the adoption/issuance ofthe plan. 6. Evidence thatpublic notice was given ofthe proposed 6. Published 8/19/12 change consistent withprocedures approved by EPA, including**~** he date ofpublication ofsuch 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, ifapplicable. 8. Compilation ofpublic comments and the State's response 8. Yes**~ ~hereto.** 
Technical SuooortEPA REQIDREMENT STATESUB:MITTAL 

### (X) l. Identification ofall regulated pollutants affected by the plan. 1. Yes, NOx and VOC**~ ~-**  Identification ofthe locations ofaffected sources including 2. Affected sources are primarily in Delaware. However, DE**~** !the EPA attainment/nonattainment designation ofthe locations is proposing to expand area where major new/modified fand the status ofthe attainment plan for the affected area(s). stationary sources can obtain emissions offsets to include Connecticut, Illinois, Indiana, Kentucky, Maryland, Michigan, Missouri, NewJersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin. All have non-attainment areas and some have "

...Inexplicably otherportions are designated as attainment, for
' ozone NAAQS."

### EPAREQIDREMENT STATE SUBMITTAL (X) 3. Quantification ofthe changes in plan allowable emissions 3. Some discussion on emission in**respons~** to comments, but from the affected sources; estimates ofchanges in current not the essence ofthe 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 ofchanges in actual emissions from affected major modifications in their state. "As a result of sources through calculations ofthe 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 ofthe revision. is increasingly costly and difficult." 4. The State's demonstration that the national ambient air 4. N/A**~uality** standards, prevention ofsignificant deterioration**~** ncrements, reasonable further progress demonstration, and visibility, as applicable, are protected ifthe 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 ofoffsite 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 ofadequacy ofthe 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 inpractice.**~**
9. Special economic and technologicaljustifications required 9. In DE's SIP revision they state that "

...obtaining offsets is**~** by any applicable EPA policies. (Ifa policy is not appropriate, increasingly costly and difficult."- Justification not required explainwhy.) by any EPA policies. NA NSRrules specify that cost is not a factor for LAERor offsets.

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### 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

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