  SEQ CHAPTER \h \r 1  ADVANCE \y 63 UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania  19103-2029

Mr. Ali Mirzakhalili, Program Administrator 			March 12, 2010

Air Quality Management Section

Division of Air and Waste Management

Delaware Department of Natural Resources 

   And Environmental Control

156 S. State Street

Dover, Delaware 19901

Dear Mr. Mirzakhalili:

This letter is regarding your June 15, 2009 State Implementation Plan
(SIP) revision request. The June 15, 2009 submittal describes the
revisions as administrative and non-substantive changes to previously
SIP-approved Delaware Department of Natural Resources and Environmental
Control’s (DNREC) Regulations Governing the Control of Air Pollution. 
We have determined that while most of the amendments submitted as part
of this SIP revision are administrative and non-substantive in nature,
DNREC has inadvertently submitted portions of its regulations have never
before been SIP-approved.  

If DNREC intended for this SIP revision to be purely administrative and
non-substantive in nature, it should withdraw the amendments listed
below from the June 15, 2009 SIP revision request:   

Regulation 1101 (Definitions and Administrative Principles), Section 2.0
(Definitions) - Delaware submitted the entire section for consideration
as a SIP revision.    However, in addition to the terms already approved
in the Delaware SIP, this section contains additional terms which have
never been submitted or approved as SIP revisions.  To ask EPA to
approve these additional terms would, therefore, constitute a
substantive revision to the Delaware SIP.  

Regulation 1103 (Ambient Air Quality Standards), Sections 7.0
(Hydrocarbons) and 9.0 (Hydrogen Sulfide). 

Regulation 1107 (Particulate Emissions from Incineration), Section 2.0
(Restrictions) - Delaware submitted the entire section for consideration
as a SIP revision.   These provisions describing exceptions to the
construction ban on new incinerators and the reconstruction ban on
existing incinerators have never been part of the Delaware SIP.  Again,
to ask EPA to approve these additional provisions would constitute a
substantive revision to the Delaware SIP.

Regulation 1109 (Emissions of Sulfur Compounds from Industrial
Operations),                   Section 2.0 (Restrictions on Sulfuric
Manufacturing Operations), paragraph 2.2        (Control of sulfuric
acid mist) - Delaware submitted the entire section for consideration as
a SIP revision.  However, paragraph 2.2 regulates a non-criteria
pollutant which is part of Delaware’s EPA approved Section 111(d) plan
rather than part of the SIP.  This section would not be approvable as a
SIP revision as it is properly a portion of DNREC’s approved Section
111(d) plan.   

Regulation 1146 (Electric Generating Unit (EGU) Multi-Pollutant
Regulation), those portions of sections 1.0, 2.0, 3.0, 7.0, 8.0 9.0
which govern control of mercury emissions, as well of all of Section
6.0, and Table 6-1.  

We have enclosed a model letter which DNREC may use to request
withdrawal of these provisions.  Once we receive the letter, my staff
will expeditiously process the June 15, 2009 SIP revision request.  If
you or your staff has any questions, please do not hesitate to contact
Marcia L. Spink, Associate Director for Policy and Science at (215)
814-2104 or Harold A. Frankford at (215) 814-2108.

						Sincerely,

						<signed>

						David L. Arnold, Acting Director,

	  					Air Protection Division 

Enclosure

2

Model Letter from Colin O’Meara to Shawn Garvin

Mr. Shawn M. Garvin (3RA00)

Regional Administrator 

U.S. EPA Region III

1650 Arch Street

Philadelphia, PA 19103

Dear Mr. Garvin,

On June 15, 2009, the Department of Natural Resources & Environmental
Control (DNREC) submitted a revision to the Delaware State
Implementation Plan (SIP).  The revision consisted of administrative and
non-substantive changes to 36 DNREC air quality regulations which EPA
had previously approved and incorporated into the Delaware SIP.   

We have subsequently determined that the June 15, 2009 SIP revision
request inadvertently included sections of DNREC’s regulations which
are not part of the current SIP.  Accordingly, we are requesting that
the following be withdrawn from the June 15, 2009 SIP revision request: 


Regulation 1101(Definitions and Administrative Principles), Section 2.0
(Definitions) - specifically the terms listed in the enclosure to this
letter.

Regulation 1103 (Ambient Air Quality Standards), Sections 7.0
(Hydrocarbons) and 9.0 (Hydrogen Sulfide).

Regulation 1107(Particulate Emissions from Incineration), Section 2.0
(Restrictions).

	

Regulation 1109 (Emissions of Sulfur Compounds from Industrial
Operations), Section 2.0 (Restrictions on Sulfuric Manufacturing
Operations), paragraph 2.2 (control of sulfuric acid mist).

Regulation 1146 (Electric Generating Unit (EGU) Multi-Pollutant
Regulation), those portions of sections 1.0, 2.0, 3.0, 7.0, 8.0 9.0
which govern control of mercury emissions, as well of all of Section
6.0, and Table 6-1.  



If you or your staff has any questions, please do not hesitate to
contact Ali Mirzakhalili, Program Administrator of the Air Quality
Management Section at 302-739-9402.

					Sincerely,

					Collin P. O’Mara

					Secretary

Enclosure

2

Enclosure

Definitions in Delaware Regulation 1101 (Definitions and Administrative
Principles), Section 2.0 (Definitions) for Which Delaware is Not
Requesting SIP Approval 

“Active section of disposal site” 

“Adequately wetted”

“Alternative method” 

“Asbestos”

“Asbestos containing waste material” 

“Asbestos material” 

“Asbestos mill” 

“Asbestos tailings” 

“Asphalt concrete plant” 

“Beryllium” 

“Beryllium alloy” 

“Beryllium containing waste” 

“Beryllium ore” 

“Capital expenditure” 

“Ceramic plant” 

“Coal refuse” 

“Commercial asbestos” 

“Compliance schedule” 

“Condenser stack gases” 

“Control device asbestos waste” 

“Custody transfer” 

“Day” 

“Demolition”: 

“Denuder” 

“Drilling and production facility” 

“Emergency renovation”: 

“End box” 

“End box ventilation system” 

“Equipment shutdown” 

“Equivalent method” 

“Etiologic agents” 

“Existing installation, equipment, source or operation” (As this
definition applies to 7 DE Admin. Code 1120, New Source Performance
Standards) 

“Extraction plant”.

“Fabricating”



“Floating roof” 

“Fossil fuel” 

“Foundry”

“Friable asbestos material” 

“Hourly period”: See “One hour period”.

“Inactive section of disposal site” 

“Infectious waste” 

“Isokinetic sampling”

“Large incinerator” 

“Machine shop” 

“Malfunction”

“Manufacturing”

“Mercury” 

“Mercury chlor-alkali cell” 

“Mercury chlor-alkali electrolyzer” 

“Mercury ore” 

“Mercury ore processing facility” 

“Monitoring device” 

“Nitric acid production unit” 

“Noninfectious” 

“Odor”  

“One hour period” 

“Paint application transfer efficiency” 

“Particulate asbestos material”.

“Planned renovation”: 

“Proportional sampling” 

“Reference method” 

“Removing”

“Renovation”

“Roadways” 

“Run” 

“Sludge” 

“Sludge dryer”

“Small incinerator” 

“Solid waste” 

“Standard” 

“Stationary vessel” 

“Stripping” 

 “Waste oil” 

 “Weak nitric acid”

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