STATE OF DELA)IVARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFICE OF THE

SECRETARY



### Mr. Shawn M. Garvin (3ROO) Regional Administrator 89 KINGS HIGHWAY DoVER, DELAWARE 19901 

### January 17,2012

U S Environmental Protection, Region ill 1650 Arch Street Philadelphia, PA 19103-2029 Dear Administrator Garvin: 

## RECEIVED 

## FEB 0120\2 3AP30 PHONE; (302) 739-9000 FAX; (302) 739-6242



### This letter constitutes Delaware's determination 

### andjustificationthat it 

### has complied withthe requirements of§110 (a)(2) ofthe Clean 

### AirAct (CAA) with respecttothe March 12, 2008, national ambient 

### airquality standard (NAAQS) for the pollutant ozone. On March 12, 2008, EPA promulgated a newNAAQS for the pollutant ozone. The level oftheNAAQS was lowered from 0.08 parts permillion (ppm) to 0.075 ppm, based on 8-hour average concentrations. As you are aware, on September 16, 2009 EPA announced itwould

. reconsider the 2008 NAAQS because itwas not inthe range recommended oy its science

advisory board (0.060 and 0.070 ppm) that is necessary to protect public health. Atthat time, EPA committed to complete its reconsideration by August 2010, and talked ofa collaborative effort with the states to accelerate implementation ofthe new, protective NAAQS. Now, nearly 4 years since the 0.075 ppm ozone NAAQS was 

### promulgated, EPA 

### has

.

.decided to move forward with implementation ofthe 0.075 ppm standard, despite the fact that it 

### stated years ago that the standard was insufficient to protect public health. Accordingly, implementation ofthe un-protective 0.075 ppm standard is woefully behind CAA mandated timelines. This is extremely disappointing to Delaware who has 

### taken timely actions to protect public health with i:ts attendant impacts on economic concerns. Delaware emission sources are now well controlled, yet our air is still unhealthy to breathe. Delaware's monitoring data and EPA's own modeling both indicate that clean air inDelaware can only 

### be achieved through the proper and timely application ofCAArequirements in areas upwmd to Delaware. 

### It should not need to be said that EPA's unwarranted change in direction 

### has negatively impacted Delaware, who stands to 

### benefit from timely implementation ofthe 0.075 ppm ozone NAAQS. CAA §llO(a) requires states to submit to the EPA state implementation plans (SIPs) that provide for the implementation, maintenance, and enforcement ofany neworrevised NAAQS 

## Within 3 years following the promulgation ofsuch NAAQS. Indeed, Delaware has reviewed its SIP and

-determined that all

-elements required in CAA §110(a)(2) for the 0.075 ppmNir. Shawn M. Garvin (3ROO) Page2**J~anuary** 17, 2012

ozone NAAQS have beenmet through earlier SIP submissions in connection with previous ozone standards. Discussion ofeach CAA 

### §110(a)(2) element was specifically addressed in formal submittals to the EPA dated December 13,2007, and September 16,2009. These prior submittals addressed the §110(a)(2) requirements for the 1997 8-hour ozone NAAQS, and Delaware believes that no changes are needed for Delaware to implement and enforce the revised 2008 ozone NAAQS. This letter confirms and certifies that Delaware's current SIP is adequate to address all applicable CAA 

### §11O(a)(2) requirements for the 0.075 ppm ozone NAAQS. Note that Delaware has determined that it has complied with 

### all CAA §110(a)(2) requirements, to include the requirements ofCAA §11O(a)(2)(D). Compliance with CAA §110(a)(2)(D) has been achieved through the promulgation of SIP-approved regulations that

· reduce volatile organic compound (VOC) and nitrogen oxide (NOx) emissions, to include

regulations that reduce emissions from powerplants, industrial boilers, andpeaking units. Delaware sources are now well controlled, generally with· best available control technology (BACT) or lowest achievable emission rate (LAER) controls, and because its sources are well controlled, Delaware has clearly mitigated transport and 

### has adequately addressed CAA §110(a)(2)(D)(i)(I) requirements for the 2008 ozone NAAQS. This is not true for all ormost states that impact Delaware. EPA's recent Cross State 

### AirPollution Rule (CSAPR) modeling confirms that 15 states significantly impact Delaware relative to the 0.075 ppmNAAQS

-- Illinois, Indiana, Kentucky, Maryland, Michigan, Missouri, NewJersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin. EPA 

### has determined that control ofNOx from EGUS 

### inthese states at a $500 perton level under CSAPRwas reasonable to mitigate transport relative to the 0.08 ppm ozone NAAQS. 

### In comparison, Delaware's units werecontrolled on a unit-by-unit basis at a costof$1,300 to $11,000 per ton ofNOx reduced. 

### It is an unarguable fact that Delaware's remaining ozone problems are caused by emission from these states, and the Clean 

### AirActrequires EPA to make fmdings under CAA 

### §11O(k) to require these states to mitigate theirimpact. This letterreaffirms that Delaware has done its partto address its 

### air quality issues from ozone, and Delaware expects EPAto take actions required by the CAA to reduce and**re~ove** the burdens placed upon it by pollutiontransported from other jurisdictions. · 

### Ifyou have any question regarding this letter please contact 

### Mr. Ali Mirzakhalili, Director ofourDivision of

### Air Quality, at (302)739-9402.

# s~ 

# r

# ~~cY~**.)** Secretary

cc: Arnie Howell, EPA Region III Ali Mirz.akhalili, Director ofDAQ-DNREC