UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

    REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:	July 13, 2010

SUBJECT:	Delaware - Administrative and Nonsubstantive Changes to
Existing Delaware SIP Regulations - Technical Support Document

FROM:	 Harold A. Frankford    /s/

 Environmental Protection Specialist

 Air Protection Division (3AP00)  

TO:		File

THRU:	Marcia L. Spink, Associate Director   /s/

		Office of Policy and Science

		Air Protection Division (3AP00)			 

I.   Background

On June 15, 2009, the State of Delaware submitted a formal revision to
its State Implementation Plan (SIP).  The revisions streamline, renumber
and reformat 32 Delaware Regulations for the Control of Air Pollution
which EPA has approved as part of the Delaware SIP.  This SIP vision is
administrative in nature- there are no substantive changes.

 

In its SIP revision submittal, Delaware explains that under Title 29,
Chapter 101 of the Delaware Codes (29 Del. C., Ch 101), regulatory
agencies in Delaware are required to develop and adopt regulations, and
publish the regulations in Delaware Register of Regulations through the
Registrar’s Office under Division of Research of the General Assembly.
 The Registrar’s Office has developed guidelines and drafting manuals
for Delaware regulations.  The latest edition of drafting and style
manual, entitled “Delaware Manual for Drafting Regulations,” was
issued as Delaware Administrative Code in March. 

Since the 2006 drafting manual was issued, several Delaware SIP
regulations have been formatted to comply with the standards specified
in the manual.  However, a majority of the Delaware SIP regulations have
not been updated. 

II.	Summary of SIP Revision

   A.  Purpose and Overview

The purpose of this SIP revision is to make all Delaware SIP regulations
consistent with the 2006 Manual.  In addition, Delaware has made some
non-substantive changes and corrections of errors exclusively for this
SIP revision:  

• Administrative or editorial changes are those under the
administrative authority granted to Delaware Registrar's Office by 29
Del.C. Ch 1134 and are applicable to all Delaware regulations for
consistency purpose.  Therefore, all Delaware air regulations, both
existing ones and future ones, shall follow this format.

• Non-substantive changes are those made for clarification and
consistency purposes and do not alter or amend the intent or meaning of
the subject regulation. 

• Editorial changes also include correction of errors due to typos or
misprints when a regulation was developed or revised to its current
version. 

Delaware explains that these administrative changes, non-substantive
changes and corrections of errors do not alter regulatory features of
individual regulations, such as effective date, applicability,
regulatory limit and requirement, compliance schedule, enforcement
procedures, etc. 

 

      B.  SIP regulations revised by this SIP revision

  		

 The 32 approved SIP regulations which Delaware has submitted to EPA in
this SIP revision are listed as follows: 

• Regulation 1 “Definitions and Administrative Principles;

• Regulation 1102* “Permits”; 

• Regulation 3 “Ambient Air Quality Standards”; 

• Regulation 4 “Particulate Emissions From Fuel Burning
Equipment”; 

• Regulation 5 “Particulate Emissions From Industrial Process
Operations”; 

• Regulation 6 “Particulate Emissions From Construction and
Materials Handling”; 

• Regulation 7 “Particulate Emissions From Incineration”; 

• Regulation 8 “Sulfur Dioxide Emissions From Fuel Burning
Equipment”; 

• Regulation 9 “Emissions of Sulfur Compounds From Industrial
Operations”; 

• Regulation 10 “Control of Sulfur Dioxide Emissions—Kent and
Sussex Counties”; 

• Regulation 11 “Carbon Monoxide Emissions From Industrial Process
Operations New Castle County”;

• Regulation 12 “Control of Nitrogen Oxide Emissions”; 

• Regulation 1113* “Open Burning”; 

• Regulation 14 “Visible Emissions”; 

• Regulation 15 “Air Pollution Alert and Emergency Plan”; 

• Regulation 16 “Sources Having an Interstate Air Pollution
Potential”; 

• Regulation 17 “Source Monitoring, Recordkeeping and Reporting”; 

• Regulation 23 “Standards of Performance for Steel Plants: Electric
Arc Furnaces”; 

• Regulation 1124* “Control of Volatile Organic Compound
Emissions”; 

• Regulation 1125* “Requirements for Preconstruction Review”
(Sections 1.0, 2.0 and 3.0); 

• Regulation 26 “Motor Vehicle Emissions Inspection Program”

 • Regulation 27 “Stack Heights”; 

• Regulation 1132* “Transportation Conformity”; 

• Regulation 35 “Conformity of General Federal Actions to the State
Implementation Plans”; 

• Regulation 39 “Nitrogen Oxides (NOx) Budget Trading Program”; 

• Regulation 40 “Delaware's National Low Emission Vehicle (NLEV)
Regulation”; 

• Regulation 41 “Limiting Emissions of Volatile Organic Compounds
From Consumer and      Commercial Products”; 

• Regulation 1142* “Specific Emission Control Requirements (Section
1.0)”; 

• Regulation 1144* “Control of Stationary Generator Emissions”; 

      • Regulation 1145 “Excessive Idling of Heavy Duty Vehicles”;

      • Regulation 1146 “Electric Generating Unit (EGU)
Multi-Pollutant Regulation”;

      • Regulation 1148 “Control of Stationary Combustion Turbine
Electric Generating Unit                  Emissions”.

The regulations (or a section or sections therein) marked with an
asterisk (*) are those which have been revised after the issuance of the
2006 drafting manual. The prefix of “11” in “11##” in a
regulation title number represents Delaware administrative code for Air
Quality Management Section.

		

  C.  Approved SIP regulations excluded from this SIP revision 

	1.  Approved SIP regulations with no changes

The following SIP regulations (or sections) are not included in this SIP
revision: 

	

• Regulation 31 “Low Enhanced Inspection and Maintenance Program”;


• Regulation 37 “NOx Budget Program”; 

Regulation 31 is not included because it is currently under substantive
revision. Regulation 37 is not included because it is no longer State
enforceable. 

Many current SIP regulations have citations of the Federal laws and
documents (such the Clean Air Act, the Federal Register, and the Code of
Federal Regulations). Some regulations contain appendices that are
adopted directly from Federal documents, and documents of other state
agencies, or other sources.  In cases where the Delaware regulations
directly incorporate these citations and appendices from the
aforementioned other sources, then the format of the other sources
remains intact, and Delaware’s administrative changes, non-substantive
changes and corrections described in this SIP revision do not apply. 

   	2. Non-SIP Regulations 

The following Delaware Air Quality Management (AQM) regulations are
submitted for information purposes only and are not included in this SIP
revision, because they deal with air quality issues not directly related
to the NAAQS: 

• Regulation 18 “Particulate Emissions from Grain Handling
Operations”; 

• Regulation 19 “Control of odorous Contaminants”; 

• Regulation 20 “New Source Performance Standards”; 

• Regulation 21 “Emission Standards for hazardous Air Pollutants”;


• Regulation 22 “Restriction on Quality of Fuel in Fuel Burning
Equipment”; 

• Regulation 1125* “Requirements for Preconstruction Review”
(Section 4); 

• Regulation 28 “Control of Toxic Air Contaminants-Reserved”; 

• Regulation 29 “Emissions from Incineration of Infectious Waste”;


• Regulation 30 “Title V State Operating Permit Program”; 

• Regulation 33 “Motor Vehicle Pressure Test and Emission Control
Device Inspection      Program” (Replaced by Regulation 31); 

• Regulation 34 “Emission Banking and Trading Program”; 

• Regulation 36 “Acid Rain Program”; 

• Regulation 1138 “Emission Standards for Hazardous Air Pollutants
for Source Categories”; 

• Regulation 47 Reserved. 

The above regulations are not considered as Delaware SIP regulations.
Therefore, they are not included in this SIP revision; however, Delaware
explains in its submittal that the administrative and non-substantive
changes in those regulations are illustrated for consistency purposes.
Delaware Registrar’s Office is in charge of updating those regulations
under 29 Del. C., Ch 1134.    

	3.  Regulations subsequently withdrawn by Delaware DNREC 

On June 10, 2010, Delaware withdrew the following regulations from this
SIP submittal, as they are not currently part of the Delaware SIP: 
Regulation 1101, Section 2.0 – those definitions not associated with
SIP-approved regulations; Regulation 1103, Sections 7.0 and 9.0;
Regulation 7, Section 2.0; Regulation 9, Section 2.2; and all regulatory
provisions in Regulation 1146 governing the control of mercury
emissions.  

D. Description of Regulatory Amendments Addressed in this SIP Revision

   1. Administrative Changes 

   	a. Font Face and Size 

The 2006 Manual specifies that all Delaware regulations be drafted in
Arial font face and 12-point font size. Accordingly, all SIP regulations
are converted to Arial font face and 12-point font size under this SIP
revision. This font-change is not reflected with strikeouts and
underlines in the revised regulations, since such change does not alter
any meaning of the subject regulations in any aspect. 

    	b. Regulation Title Coding and Numbering 

Historically, Delaware AQM regulations have been grouped in “Delaware
Regulations Governing the Control of Air Pollution,” and numbered from
1 to 48 (Arabic numbers) without an indentifying or administrative code.
 Under the current Delaware administrative coding system, all AQM
regulations should be under “Title 7 DNREC, 1100 Air Quality
Management Section” and be coded with four digits in a format of
“11##”, where the first two digits “11” specify “AQMS” and
the second two digits “##” are the regulation numbers.  According to
this requirement, titles of all Delaware AQM regulations are recoded as
follows, using Regulation No. 1 as an example, with strikeouts
representing deletions and underlines for additions: 

Title 7 DNREC 

1100 Air Quality Management Section 

REGULATION NO. 1 

1101 DEFINITIONS AND ADMINISTRATIVE PRINCIPLES 

Under this SIP revision, all revised regulations use a bold-face text
for their titles.  In case that a current title used a regular-face
text, this regular-to-bold change is not indicated by using strikeouts
and underlines, since such change does not alter any meaning of the
title in any aspect. 

   	c. Format of Definitions 

Various formats for definitions of terms have been used in Delaware AQM
regulations. According to the 2006 Manual, the following format has been
adopted as a standard format in all AQM regulations under this SIP
revision, using “heat input” as an example, with strikeouts
representing deletions and underlines for additions: 

“Heat input” HEAT INPUT: The means the potential thermal energy
resulting from the complete combustion of any fuel. 

In some regulations, such as in Regulation No. 12, the terms to be
defined are not bolded, but are in the standard format already.  In
those cases, the change from un-bolded terms to bold-face terms are not
identified by strikeouts and underlines, since such change does not
alter any meaning of the terms themselves and definitions that follow. 

   	

d. Section and Subsection Numbering 

According to the format provided in the 2006 Manual, two changes are
made with respect to sections in a regulation under this SIP revision:
(1) All prefixes of “Section-” in section title lines are deleted;
(2) Sections are numbered using a consistent format of Arabic numeral
“#.0”. 

A majority of the current SIP regulations have subsections of various
levels, and use different symbols for subsections, such as lower-case
letters (a, b,…), Roman numbers (i, ii,…), Arabic numbers in
parenthesis [(1), (2), … ], upper-case letters (A, B, …), and paired
lower-case letters (aa, bb, …).  According to the format provided in
the 2006 Manual, all those subsection symbols in the current AQM
regulations are replaced by Arabic numbers under this SIP revision. 

The following is an example from Regulation 24, Section 4 demonstrating
changes in numbering of sections and subsections, with strikeouts
representing deletions and underlines for additions: 

Section 4 – 

4.0 Compliance Certification, Recordkeeping, and Reporting Requirements
for Coating Sources 

4.1 a. To establish the records… 

4.2 b. Requirements for coating sources… 

4.2.1 1. Certification. By November 15, 1993, the owner or operator of a
facility… by providing all of the following: 

4.2.1.1 i. The name and location of the facility. 

4.2.1.2 ii. The address and… 

According to the format provided in the 2006 Manual, the bold-face is
adopted for section titles in all revised regulations.  In those cases
where a regular-to-bold face change is made, the change is not
identified by strikeouts and underlines, since such change does not
alter any meaning of the section title in any aspect. 

   	e. Citations in Regulations 

According to the 2006 Manual, all Delaware AQM regulations are to be
cited as Delaware Administration Code by title and regulation number
(for code titles and numbers, see 2.2 of this SIP revision).  Therefore,
citations of another regulation are revised to the following standard
format, using an excerpt from Regulation No. 2 as an example, with
strikeouts representing deletions and underlines for additions: 

… in an operation permit issued pursuant to Regulation No. 30 7 DE
Admin Code 1130. 

In several AQM regulations, Delaware’s solid waste regulation is
cited.  According the 2006 Manual, and the latest version of that
regulation, the citation is changed to: 

…the Solid Waste Regulations 7 DE Admin Code 1301, Regulations
Governing Solid Waste. 

Another common citation in the AQM regulations is the Delaware Code.
According to the 2006 Manual, the following standard format is adopted
in all AQM regulations under this SIP revision, using Title 29 of
Delaware Code, Chapter 80 as an example: 

…as defined in 29 Del. C., Ch 80 … 

In cases where an un-bolded “Del. C.” is changed to a bold “Del.
C.”, the strikeouts and underlines (i.e., Del. C. Del. C.) are not
used in the revised regulations, since such change does not alter any
meaning of the subject in any aspect.  In addition, the symbol “§”
is used when a section of the Delaware Code is cited. 

  2. Other Changes 

Based on the specifications in the 2006 Manual, the following changes
are also made in all AQM regulations under this SIP revision, with
strikeouts representing deletions and underlines for additions: 

a. Changing “and/or” to “or”. 

Example: …previous permit and/or application… 

b. Changing “word(s)” to “word or words”. 

Example: … control device(s) or devices… 

c. Spelling out numbers from 1 to 9, except those followed by specifying
symbols such as %, oC, oF, and those used for special terms such as
“the 1-hour ozone standard.”  However, numerals between 1.0 and 9.0
are not spelled out, due to the precision meaning held by the decimal
place. 

d. Using Arabic numbers for 10 and greater, except when used at the
beginning of a sentence. 

 e. Changing word “percent” following a numeral to “%”. 

Examples for the above three changes include: 

… 3 three years after the effective date … 

… 5% percent of the emissions … 

… twenty percent 20% of the emissions … 

f. Changing “deg C and deg F” to “oC and oF”, respectively. 

Example: …at 343 deg. C oC (650 deg. F oF) or higher … 

g. Changing dates in the text, for example, from “12/02/94” to
“December 2, 1994.” 

3. Non-Substantive Changes 

   	a. Addition and Deletion of Words 

(1). Additions 

In a current AQM regulation, its sections and subsections may be
referenced frequently in the regulation itself.  In addition, the
federal Clean Air Act (the Act) may be cited frequently as well. To
ensure precise citations and references, the terms “of (or in) this
regulation” and “of (or in) the Act” are added wherever they seem
necessary and adequate. 

(2). Deletions 

In the current regulations, terms such “section, subsection, part,
subpart, paragraph, and subparagraph” are used extensively, but not
consistently and properly.  For example, the term “section” is used
to denote not only sections, but oftentimes subsections and even
sub-subsections.  In addition, the term “paragraph” is used for
sections and subsections which contain multiple paragraphs.  Under this
SIP revision, terms “section, subsection, part, subpart, paragraph,
and subparagraph” are no longer used in front of section or subsection
numbers. Examples include: 

…pursuant to section 5(a)(i)(1)A 5.1.1.1.1 of this regulation… 

(See also 2.4 of this SIP revision.) 

... to meet the requirements of Section 112(i)(1) of the Act… 

(See also 1.3 of this SIP revision.) 

(3). Deleting Specific Section and Subsection Numbers 

There are cases in the current regulations where there is only one
subsection in a section.  This single subsection is no longer numbered
under this SIP revision.  See example below, where “6.1” is deleted
since it was to denote a single subsection in Section 6. 

Section 6 – 

6.0 RACT PROPOSALS 

6.1 The RACT proposal submitted in accordance with… 

   	b. Changing Italic Font Style to Regular Style 

In some current regulations, the italic font is used for the purpose of
identifying terms that are defined in the subject regulations.  In other
regulations, the italic font is used for other purposes, such as
emphasis.  Under this SIP revision, the italic font is no longer used. 
This change is not indicated by strikeouts and underlines (e.g.,
emissions emissions) in the revised regulations, since such change does
not alter any meaning of the terms themselves and their contexts in any
aspect. 

    	c. Renumbering Tables and Equations 

Tables or equations in the current AQM regulations are numbered in
various ways.  Under this SIP revision, a standard format of “X-Y”
is adopted for all tables and equations, with X denoting a section and Y
denoting table or equation order in that section. For example, the
following changes are made in Section 7 of Regulation 17 and Section 1
of Regulation 41, for table number and equation number, respectively: 

TABLE 7.2 – 1 7-1. ESTIMATED EMISSIONS METHOD CODE 

1.6.1.1 … Determine the VOC content using equation 1-1 as follows: 

VOC−−−−= (1-1) 

When tables or equations appear in an appendix, they are also numbered
with the standard format of “X-Y”, where X denoting the appendix (A,
B, …etc. See 3.5 of this SIP revision) and Y denoting table or
equation order in the appendix. For example, the 3rd equation in
Appendix A is numbered as “A-3”. 

   	d. Dates Associated with Section Titles 

Historically, all Delaware AQM regulations have placed a date, in the
format of “mm/dd/yy” or “mm/dd/yyyy,” immediately in front of or
after a section title, indicating the date when the subject section was
adopted in its latest version.  Those dates are mainly for record
purpose. It is oftentimes necessary to revise or update only individual
section or sections, but not the whole regulation.  Therefore, new
requirements and supporting data are reflected only in the newly-adopted
section or sections . It is determined, under this SIP revision, that
those dates are maintained in all AQM regulations, in a consistent
format of “mm/dd/yyyy.” 

   	e. Appendices 

(1). Numbering Appendices 

Appendices in a regulation are numbered using capital letters (A, B,
…) under this SIP revision. In Regulation 24, the current Appendices
are numbered with capital letters in double quotation marks (e.g.,
Appendix “A”).  All Appendices in Regulation 24 are renumbered with
un-quoted capital letters under this SIP revision, without strikeouts
and underlines (e.g., “A” A).

In addition, all Appendices of AQM regulations are identified using
bold-face (i.e., Appendix) under this SIP revision, to distinguish them
from Appendices of other documents cited in the AQM regulations. 

(2). Footnotes in Appendices 

According to the 2006 Manual, footnotes should be presented at the end
of a regulation. For Appendices, however, footnotes are placed at the
end of each appendix under this SIP revision. For example, footnotes
used in an appendix of Regulation 24 are presented at the end of the
subject appendix, instead of at the far end of the entire regulation. 

(3). References in Appendices 

References in an appendix are no longer denoted by superscripts (i.e.,
1, 2,…) under this SIP revision.  Instead, a directing text in
parenthesis “(see # of this appendix)” is used, where “#” is the
order number of the reference listed at the end of the appendix. 

   	f. Other Changes 

Other non-substantive changes are made under this SIP revision, mainly
for consistency and clarification purposes.  The changes are indicated
by strikeouts and underlines, and are self-explanatory.  The following
is an example: 

12.8 through 12.10 [Reserved] 

12.8 [Reserved] 

12.9 [Reserved] 

12.10 [Reserved] 

4. Correction of Errors 

Correction of errors under this SIP revision is self-explanatory.  For
example, the following correction is made in 2.3 of Regulation 9: 

…shall not apply… to petroleum storage and transfer facilities. 

Examples of other self-explanatory corrections under this SIP revision
include: 

• Correcting “cm3” to “cm3”; 

• Correcting “the 31st” to “the 31st”. 

The above superscript or subscript corrections are not indicated with
strikeouts and underlines in this SIP revision, since such corrections
do not alter any meaning of the subjects in any aspect.

III. EPA Evaluation

EPA agrees with Delaware’s assessment that these administrative
changes, non-substantive changes and corrections of errors do not alter
either  the regulatory features or the stringency of individual
regulations, such as effective date, applicability, regulatory emissions
limit and requirement, compliance schedule, and enforcement procedures. 
As a result of this approval action, the format of Federally enforceable
SIP regulations will be consistent with the current Delaware AQM
regulations.  EPA’s approval action does not revise the following
sections of Regulations 1113, 1141, 1144, 1146, and 1148, as previous
EPA SIP approvals had already incorporated these administrative and
nonsubstantive changes:

	Regulation 1113, Sections 1.0, 2.0 and 7.0.

Regulation 1132, Section 1.0.

Regulation 1141, Section 2.0.

Regulation 1144, Sections 4.0, 5.0, 6.0 and 9.0. 

Regulation 1146, Section 2.0 and Table 5-1. 

Regulation 1148, Sections 1.0 and 6.0.

EPA’s approval of the definitions in Regulation 1101 consists of only
those terms which EPA has previously approved and incorporated by
reference (IBR) into the Delaware SIP.  Also, in a separate action, EPA
will review the administrative revisions to Regulation 1102, Appendix A,
paragraphs 32.0 and 33.0 as part of our review of the substantive
revision for these paragraphs, which Delaware had submitted on November
1, 2007.  

EPA’s approval action includes the removal of two former SIP
requirements codified in Delaware Regulation 1124: Section 39 (Control
of Perchlorethylene from Dry Cleaning Operations) and Appendices J1, J1,
J2, and J3 (Test Methods for Stage II Vapor Recovery).  On March 14,
1999 (64 FR 12085), EPA approved Delaware's revised definition of
"volatile organic compound" which specifically exempts perchloroethylene
as being a VOC compound.  Similarly, on November 14, 2003 (68 FR 64540),
EPA approved Delaware's adoption of the California Air Resources Board
(CARB) test methods for Stage II vapor recovery systems.  Delaware DNREC
included documentation in its SIP submittal (April 12, 2002) indicating
that the CARB test methods were meant to supersede the Stage II vapor
recovery test methods that existed in Regulation 1124, Appendices J, J1,
J2 and J3.  Therefore, EPA considers these removal actions to be
administrative in nature and a not substantive SIP revision.

IV.	Conclusion

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#Because EPA considers these revisions to meet all applicable Agency
criteria, and because EPA expects no adverse or critical comments, EPA
will announce its decision in a Direct Final Rulemaking/Proposed
Rulemaking action.  

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