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 0 1 20\2 

3AP30 

PHONE; (302) 739-9000 

FAX; (302) 739-6242 

This letter constitutes Delaware's determination and justification that it has complied 

with the requirements of §110 (a)(2) of the Clean Air Act (CAA) with respect to the March 12, 

2008, national ambient air quality standard (NAAQS) for the pollutant ozone. 

On March 12, 2008, EPA promulgated a new NAAQS for the pollutant ozone. The level 

of the NAAQS was lowered from 0.08 parts per million (ppm) to 0.075 ppm, based on 8-hour 

average concentrations. As you are aware, on September 16, 2009 EPA announced it would 

. reconsider the 2008 NAAQS because it was not in the range recommended oy its science 

advisory board (0.060 and 0.070 ppm) that is necessary to protect public health. At that time, 

EPA committed to complete its reconsideration by August 2010, and talked of a collaborative 

effort with the states to accelerate implementation of the new, protective NAAQS. 

Now, nearly 4 years since the 0.075 ppm ozone NAAQS was promulgated, EPA has . 

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

stated years ago that the standard was insufficient to protect public health. Accordingly, 

implementation of the 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 in Delaware can only be achieved through the 

proper and timely application of CAA requirements 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 of the 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 of any new or revised 

NAAQS Within 3 years following the promulgation of such NAAQS. Indeed, Delaware has 

reviewed its SIP and-determined that all-elements required in CAA §110(a)(2) for the 0.075 ppm 
Nir. Shawn M. Garvin (3ROO) 

Page2 

J~anuary 17, 20 12 

ozone NAAQS have been met through earlier SIP submissions in connection with previous 

ozone standards. Discussion of each CAA § 11 0( 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 § 11 O(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 of CAA § 11 O(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 power plants, industrial boilers, and peaking 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 or most 

states that impact Delaware. 

EPA's recent Cross State Air Pollution Rule (CSAPR) modeling confirms that 15 states 

significantly impact Delaware relative to the 0.075 ppm NAAQS -- Illinois, Indiana, 

Kentucky, Maryland, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, 

Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin. EPA has determined that 

control ofNOx from EGUS in these states at a $500 per ton level under CSAPR was reasonable 

to mitigate transport relative to the 0.08 ppm ozone NAAQS. In comparison, Delaware's units 

were controlled on a unit-by-unit basis at a cost of$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 Air Act requires EPA to make fmdings under CAA § 11 O(k) to require 

these states to mitigate their impact. This letter reaffirms that Delaware has done its part to 

address its air quality issues from ozone, and Delaware expects EPA to take actions required by 

the CAA to reduce and re~ove the burdens placed upon it by pollution transported from other 

jurisdictions. · 

If you have any question regarding this letter please contact Mr. Ali Mirzakhalili, 

Director of our Division of Air Quality, at (302)739-9402. 

s~ r 

~~cY~.) Secretary 

cc: Arnie Howell, EPA Region III 

Ali Mirz.akhalili, Director ofDAQ-DNREC