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

# The Honorable David S. Small, Secretary

Delaware Department of Natural Re sources and Environmental Control

89 Kings Highway

Dover, Delaware 19901

Dear Secretary Small:

On August 20, 2014, the U.S. Environmental Protecti on Agency (EPA) received a revision to the

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

Environmental Control pertaining to amendments to the Delaware Low Emission Vehicle Program

regulation. The purpose of the amendment to re vise 7 DE Admin. Code 1140 to incorporate by

reference the applicable sections of Title 13 of the California Code of Regulations that comprise

California’s Low Emision Vehicle (LEV) III standa rds and greenhouse gas standards beginning with

model year 2015 vehicles. EPA has determined that Delaware’s SIP submittal is administratively and

technically complete, and we are reviewing it to prepare a Notice of Pr oposed Rulemaking (NPR)

action.

If members of your staff have a ny questions, they may direct th em to Brian Rehn, Office of Air

Program Planning, at (215) 814-2176, or at rehn.brian@epa.gov. He is the principal contact for this

rulemaking.

Sincerely,

/ s /

David L. Arnold, Acting Director

Air Protection Division

cc: Ali Mirzakhalili, Director , Division of Air QualitySIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST(in accordance with 40 CFR Part 51 - App. V)SIP Submitted by: DelawareDate Submitted: August 20, 2014Subject: Delaware LowEmissions Vehicle (LEV) ProgramCompleteness ReviewCompleted by: Brian Rehn /s /Date Completed: October 21, 2014Administrative MaterialsACCEPTABLEEPA REQUIREMENTSTATE SUBMITTAL(X)1. A formal letter of submittal from the Governor or hisdesignee, requesting EPA approval of the plan or revisionthereof.1. Submittal letter (dated August 20, 2014) from SecretaryDavid Small of the Delaware Department of Natural Resourcesand Environmental Control (DNREC) to EPA RegionalAdministrator Shawn Garvin.2. Evidence that the State has adopted the plan in the Statecode or body of regulations; orissued the permit, order, orconsent agreement in final form. That evidence shall includethe date of adoption or final issuance as well as the effectivedate of the plan, if different from the adoption/issuance date.2. DNREC SIP contains a Secretary’s Order (No. 2013-A-0555)with an issuance date of November 15, 2013, effective dateDecember 11, 2013. The Order was signed by SecretaryO’Mara on November 15, 2013.The Order contains Secretary O’Mara’s conclusions:that DNREC has jurisdiction and authority to adopt the SIPrules; that DNREC followed state requirements for public noticeand hearing; that the final staterule does not vary significantlyfrom the state proposed version;and that the rule should beadopted as final and published in theDelaware Register ofRegulations.3. Evidence that the State hasthe necessary legal authorityunder State law to adopt and implement the plan.3. Delaware’s Secretary of Environment has legal authority toadopt, amend, modify or repeal rules or regulations or plans,after public hearing, to effectuatethe policy needed to addressair quality and comply with related federal laws. This authoritystems from Chapter 60 of Title 7 of the Delaware Code andChapter 101 from Title 29 of the Delaware Code.EPA REQUIREMENTSTATE SUBMITTAL(X)4. A copy of actual regulation,or document submitted forapproval and incorporation byreference into the plan,including indication of the changes made to the existingapproved plan, where applicable. The submittal shall be acopy of the official State regulation/document signed,stamped, dated by the appropriateState official indicating thatit is fully enforceable by the State. The effective date of theregulation/document shall, whenever possible, be indicated inthe document itself.4. A copy of Delaware’s finalregulation amending 7 DE Code1140 – Low Emission Vehicle Program, dated 12/11/13 wassubmitted as part of the SIP revision. The regulation waseffective for new 2014 model yearaffected vehicles sold inDelaware, as stated in the Purpose section of the regulation. Acopy of the proposed regulation, indicating changes made to theexisting rule has also been included as part of the SIP.Note: DE DNREC did not include copies of the publishedversion of theDelaware Register of Regulationsversion of theproposed or final rules, although both were published in theDelaware Register prior to the dateof SIP submission.5. Evidence that the State followed all of the proceduralrequirements of the State's lawsand constitution in conductingand completing the adoption/issuance of the plan.5. The SIP includes the Secretary’s Order No. 2013-A-0055dated November 15, 2013, approving the amended LEV rule. Acover letter transmitting the SIP revision dated August 20, 2013is also included as part of the SIP revision, as well as copies ofpublic hearing notices and a certification of public hearingnotice.6. Evidence that public noticewas given of the proposedchange consistent with procedures approved by EPA,including the date of publication of such notice.6. The SIP includes affidavitsof publication dated August 18and August 19, 2013 from two Delaware newspapers:TheDelaware State NewsandThe News Journal. Copies of thepublished advertisements of public hearing notice are alsoincluded in the SIP revision.7. Certification that public hearings were held in accordancewith the information providedin the public notice and theState's laws and constitution, if applicable.7. The SIP revision includes a copy of a memo from Lisa Vest,Public Hearing Officer, to Secretary O’Mara dated November15, 2013 attesting that a public hearing was held on September23, 2013, including a summary ofthe public hearing record8. Compilation of public comments and the State's responsethereto.8. A memo from Deanna Cuccinello to Lisa Vest dated October21, 2013 details the list of those who provided public commentand a summary of DNREC’s response to comments onDelaware’s proposed amendment to 7 DE Admin Code 1140.Technical SupportEPA REQUIREMENTSTATE SUBMITTAL(X)1. Identification of all regulated pollutants affected by the plan. 1. Delaware’s Low Emission Vehicle program ruleamendments address emissions from highway motor vehiclesof nitrogen oxides and volatileorganic compounds (specificallynon methane organic gases), both of which are precursors toground-level ozone formation. The amended rule alsoaddresses greenhouse gas emissions from new highwayvehicles.2. Identification of the locations of affected sources includingthe EPA attainment/nonattainment designation of the locationsand the status of the attainment plan for the affected area(s).2. The program is effective statewide, applying to all newmodel year 2014 and subsequent model year motor vehiclesthat are passenger cars, light-duty trucks, and medium-dutypassenger vehicles delivered for sale in Delaware.3. Quantification of the changesin plan allowable emissionsfrom the affected sources; estimates of changes in currentactual emissions from affectedsources or, where appropriate,quantification of changes in actual emissions from affectedsources through calculations of the differences between certainbaseline levels and allowable emissions anticipated as a resultof the revision.3. N/A. The Regulation 1140 revisions contained in the SIPset emission limits on subject new motor vehicles offered forsale in Delaware, beginning in model year 2014.Benefits of these program revisions are not calculated in thisplan, but will be analyzed by DNREC as part of any futurenonattainment area plans that relyupon these benefits of thisprogram.4. The State's demonstration that the national ambient airquality standards, preventionof significantdeteriorationincrements, reasonable further progress demonstration, andvisibility, as applicable, are protected if the plan is approvedand implemented.4. N/A. The Regulation 1140 revisions will regulate vehicleemissions for vehicles sold in MY 2014 and beyond, settingstandards more stringent thanthose currently in place inDelaware. Future SIP plans that rely on the benefits of thisprogram will analyze the benefits of the program, as they arephased in due to future fleet turnover. Delaware is adopting byreference California’s new stringent LEV III and GHGstandards, which have been granted a preemption waiver forstate standards by EPA, under authority of CAA section 209(b).These standards are deemed to beas stringent or more stringentthat the comparable Federal Tier 2 vehicle emissions standards,from which the 209(b)waiver is granted.EPA REQUIREMENTSTATE SUBMITTAL(X)5. Modeling information required to support the proposedrevision, including input data,output data, models used,ambient monitoring data used, meteorological data used,justification for use of offsitedata (where used), modes ofmodels used, assumptions, and other information relevant tothe determination of adequacy of the modeling analysis.5. N/A. No modeling demonstration was required to supportthe required revision.6. Evidence, where necessary, that emission limitations arebased on continuous emission reduction technology.6. N/A. This SIP revisionregulated new vehicle emissionslimits, not emissions limits applicable to a stationary sourcewhere continuous emissions technology would be applicable.7. Evidence that the plan contains emission limitations, workpractice standards and recordkeeping/reporting requirements,where necessary, to ensure emission levels.7. The California LEV rules being incorporated by referenceby Delaware in their revised Regulation 1140 under Title 7 ofthe Delaware Admin Code contained in the SIP revisioncontain the necessary emission limits and recordkeepingrequirements.8. Compliance/enforcement strategies, including howcompliance will be determined in practice.8. Methods for determining compliance with the DelawareLEV program are included in the California CCR rules beingincorporated by reference byDelaware in Regulation 1140.9. Special economic and technological justifications requiredby any applicable EPA policies.(If a policy is not appropriate,explain why.)9. No special justifications are required.10. A Section 107 request must be accompanied by amaintenance plan demonstrating maintenance to the relevantNAAQS for at least 10 years after redesignation.10. N/A. This is not a section 107 request.