UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:            June 5, 2012   	

SUBJECT:	Technical Support Document for the Delaware State
Implementation Plan for Section 110(a)(2) of the Clean Air Act
Infrastructure Requirements for the 2008 Lead National Ambient Air
Quality Standards

			/s/

FROM:	Rose Quinto, Environmental Engineer

Office of Air Program Planning

TO:		File

			/s/

THRU: 	Donna Mastro, Acting Associate Director

Office of Air Program Planning 

A.  INTRODUCTION

	The Environmental Protection Agency (EPA) is taking action on a
submittal made by the State of Delaware to meet the Clean Air Act (CAA)
section 110(a)(2) requirements of the 2008 lead national ambient air
quality standards (NAAQS).

B.  BACKGROUND

On October 15, 2008, EPA revised the primary and secondary lead NAAQS
from 1.5 micrograms per cubic meter (µg/m3) to 0.15 µg/m3.  Section
110(a) of the CAA requires states to submit state implementation plans
(SIPs) that provide for the implementation, maintenance, and enforcement
of new or revised NAAQS within three years following the promulgation of
such NAAQS.  Section 110(a) of the CAA imposes the obligation upon
states to make a SIP submission to EPA for a new or revised NAAQS.  For
the 2008 lead NAAQS, states typically have met many of the basic program
elements required in section 110(a)(2) of the CAA through earlier SIP
submissions in connection with previous lead standards.  Section
110(a)(2) of the CAA lists specific elements that states must meet or
continue to meet in these SIP submissions.  The requirements include SIP
infrastructure elements such as requirements for modeling, monitoring,
and emissions inventories that are designed to assure attainment and
maintenance of the NAAQS.  Section 110(a)(2) of the CAA infrastructure
elements (A) through (M) are listed in EPA’s memorandum from Stephen
D. Page, Director, Office of Air Quality Planning and Standards to the
Regional Air Division Directors, Regions 1-10, “Guidance on
Infrastructure State Implementation Plan (SIP) Elements Required Under
Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient
Air Quality Standards (NAAQS),” October 14, 2011,  (hereafter referred
to as “Lead Infrastructure Guidance”).

C.  EPA REQUIREMENTS

As discussed above, for the 2008 lead NAAQS, states must provide SIP
submissions, or provide certification that the existing SIP contains
provisions addressing relevant infrastructure SIP elements from sections
110(a)(2)(A) through (M) of the CAA.  To help states meet this statutory
requirement, EPA issued the Lead Infrastructure Guidance, which listed
the basic elements that states must include in their SIPs.  

D.  STATE’S SUBMITTAL 

On October 17, 2011, Delaware provided a submittal to satisfy the
requirements of section 110(a)(2) of the CAA for the 2008 lead NAAQS. 
This submittal addressed the following infrastructure elements that EPA
is proposing to approve:  section 110(a)(2)(A), (B), (C), (D), (E), (F),
(G), (H), (I), (J), (K), (L), and (M) of the CAA, or portions thereof. 

E.  EVALUATION OF STATE SUBMITTAL

1.  Section 110(a)(2)(A) 

Delaware has established laws and regulations applicable to the 2008
lead NAAQS that include enforceable emissions limitations and other
control measures, means or techniques, as well as schedules and
timetables for compliance to meet the applicable requirements of the
CAA. 

The following enforceable emission limitations and schedules are
contained in Delaware’s approved SIP:  7 DE Admin. Codes 1101, 1103,
1104, 1105, 1107, 1114, 1117 and 1127.  These regulations are identified
as part of the Delaware SIP at 40 CFR 52.420(c).  At present, statutory
authority is set out in Title 7 “Conservation” of the Delaware Code,
Chapter 60—Delaware’s comprehensive water and air resources
conservation law.  Legislative authority giving the Secretary of the
Delaware Department of Natural Resources and Environmental Control
(DNREC) the authority to promulgate regulations is codified at 7 Del.
C., Chapter 60.  This authority is applicable to the 2008 lead NAAQS.

2.  Section 110(a)(2)(B) 

	Delaware’s SIP-approved 7 DE Admin. Code 1117 - “Source Monitoring,
Record Keeping and Reporting,” and 7 DE Admin. Code 1103 - “Ambient
Air Quality Standards” of the State of Delaware Regulations Governing
the Control of Air Pollution, provide for the establishment and
operation of procedures necessary to monitor, compile, and analyze data
related to ambient air quality.  These regulations are included in
Delaware’s approved SIP listed in 40 CFR 52.420(c) which also apply to
the 2008 lead NAAQS.

Delaware has established and currently operates appropriate devices,
methods, systems, and procedures necessary to monitor, compile, and
analyze data on ambient air quality, and upon request, makes such data
available to the Administrator.  

Delaware maintains and operates a multi-station network of ambient
monitors throughout the State to measure ambient air quality levels
within Delaware for comparison to each NAAQS as required by 40 CFR part
58.  Delaware currently measures and reports lead concentrations from
its monitoring site located in Wilmington near MLK Boulevard.

All data is measured using EPA approved methods as either Reference or
Equivalent monitors.  All monitors are subjected to the quality
assurance requirements of 40 CFR part 58, Appendix A, and all samplers
are located at sites that have met the minimum siting requirements of 40
CFR part 58, Appendix E.  The data is submitted to EPA’s Air Quality
System (AQS) system, in a timely manner in accordance with the scheduled
prescribed by EPA in 40 CFR part 58.

In order to keep EPA informed of changes to the sampling network, DNREC
provides EPA Region III with prior notification of any planned changes
to the network.  As needed, details of these changes and anticipated
approvals of the changes are communicated to EPA.  On an annual basis,
Delaware sends EPA a monitoring network plan as required by 40 CFR part
58, section 10.  This plan, approved by EPA on November 11, 2011,
contains all required information including site and monitor
description, analysis methods, operating schedule, monitoring objectives
and scale of representativeness, as well as information on any planned
changes.  DNREC submits data to the AQS system, in a timely manner,
pursuant to the schedule prescribed by the EPA in 40 CFR part 58. 
Delaware has and will continue to submit data to EPA’s AQS in a timely
manner in accordance to the scheduled prescribed by EPA in 40 CFR part
58.

3.  Section 110(a)(2)(C) 

Delaware has established and currently operates a program to provide for
the enforcement of the enforceable emission limitations and other
control measures, means, or techniques, as well as schedules and time
tables for the compliance, as may be necessary or appropriate, to meet
the applicable requirements of the CAA and to regulate modification and
construction of any stationary source within areas covered by its SIP as
necessary to assure the NAAQS are achieved, including permit programs
required in parts C and D.  Aspects of Delaware’s program for
enforcement are found in those provisions of 7 DE Admin. Codes 1125,
1111 and 1117 as well as the source monitoring, source testing and test
methods, and recordkeeping and reporting provisions of 7 DE Admin. Codes
1112, 1123, 1124, 1126, 1131, 1137, 1139, 1140, 1142, and others in the
approved Delaware SIP.  At present, Delaware as part of its Division of
Air Quality function exercises its programmatic authority to utilize the
enforcement powers set out in 7 Del. C. section 6005 entitled,
“Enforcement; civil and administrative penalties; expenses,” 7 Del.
C., section 6013 entitled “Criminal penalties,” and 7 Del. C.
section 6018 entitled “Cease and desist order.”  

EPA will take separate action on the portion of section 110(a)(2)(C) for
the 2008 lead NAAQS as it relates to Delaware’s PSD permit program. 
Delaware submitted their revised PSD permit program on March 14, 2012.

  

4.  Section 110(a)(2)(D)(i)

The physical properties of lead prevent lead emissions from experiencing
a significant degree of travel in the ambient air.  No complex chemistry
is needed to form lead or lead compounds in the ambient air; therefore,
concentrations of lead are typically highest near lead sources.  More
specifically, there is a sharp decrease in lead concentrations as the
distance from a lead source increases.  According to EPA’s Last
Findings on National Air Quality report, lead concentrations that are
not near a source of lead are approximately 10 times less than the
typical concentrations near the source (  HYPERLINK
"http://www.epa.gov/airtrends/2007/report/trends_ report_full.pdf" 
http://www.epa.gov/airtrends/2007/report/trends_ report_full.pdf ).  An
example of the degree to which lead concentration decreases with
distance in ambient air is characterized in the EPA memorandum,
Selection of Airports for the Airport Monitoring Study:  “The Santa
Monica airport monitoring study… reported a three-to four-fold
decrease in ambient lead concentrations over a distance of 80 meters
between two monitors sited to evaluate the lead gradient downwind from
the runway” (  HYPERLINK
"http://www.epa.gov/otaq/regs/nonroad/avaition/memo-selc-airport-mon-std
y.pdf" 
http://www.epa.gov/otaq/regs/nonroad/avaition/memo-selc-airport-mon-stdy
.pdf ).

Accordingly, in order for a source to emit lead that may contribute
significantly to nonattainment in, or interfere with maintenance by, any
other state, the source would need to be a very large source that is
located in close proximity to state boundaries. Delaware does not have
any existing sources of lead that are very large (i.e., none with
emissions greater than 0.5 tons per year (tpy)).  The emissions of lead
from Delaware’s entire point source inventory (2008), in the
aggregate, is less than one tpy of lead, and only two sources (Evraz
Claymont Steel and Indian River Generating Station) have emissions
greater than 0.3 tpy of lead (0.34 and 0.31, respectively).  Even though
Delaware’s largest two lead emitting sources are relatively small,
lead reductions are anticipated due to unit shutdowns and as a
co-benefit to required mercury and sulfur dioxide reduction measures.

	With regard to visibility protection, lead-related visibility effects
from Delaware are insignificant to other Class I areas.  See memorandum
from Mark Schmidt, OAQPS to File, dated November 7, 2011, entitled,
“The Estimated Contribution of Ambient Lead to Class I Area Visibility
Impairment.”  EPA also approved the Delaware regional haze SIP on July
19, 2011 

(76 FR 42557).

EPA will take separate action on the portion of section
110(a)(2)(D)(i)(II) for the 2008 lead NAAQS as it relates to
Delaware’s PSD permit program.  Delaware submitted revisions to their
PSD permit program on March 14, 2012.

	

5.  Section 110(a)(2)(D)(ii) 

Neither Delaware nor any facility in Delaware is subject to a section
126 rule, and therefore Delaware does not need to demonstrate that it
has met its obligations pursuant to CAA section 126 as it has no
currently pending obligations pursuant to CAA 126(b) or (c).  Delaware
has made the necessary submittals to demonstrate that it has adequate
provisions insuring future compliance with the requirements of sections
126 and 115 of the CAA as may be necessary in accordance with EPA’s
Lead Infrastructure Guidance.  

6.  Section 110(a)(2)(E) 

Delaware assures EPA that it has adequate authority under state law
pursuant to 7 Del. C. Chapter 60 to carry out its SIP obligations with
respect to the 2008 lead NAAQS.  DNREC does not believe that there is
any prohibition in any Federal or State law that would prevent it from
carrying out its SIP or any portion thereof.  DNREC also assures EPA
that it has, and will continue to have, through the State of Delaware
General Fund and through the Title V fee program, funding to carry out
its SIP obligations.  Furthermore, DNREC believes its funding sources
are sufficient to provide adequate personnel for those purposes.  

At present, Delaware fulfills this obligation by virtue of having
adequate personnel and funding through the CAA section 105 grant process
(Federal grant funds), the State of Delaware general fund (state tax
revenues), and appropriated special funds collected by the State of
Delaware from application fees, permit fees, renewal fees, and civil or
administrative penalties or fines under 7 Del. C. Chapter 60.  The
Division of Air Quality is responsible for developing, implementing and
enforcing the SIP.  Delaware does not anticipate the need for additional
resources beyond those to be appropriated in the above manner to carry
out its SIP requirements.

	 Delaware does not rely on localities for specific SIP implementation. 
EPA finds Delaware’s infrastructure SIP meets the current Lead
Infrastructure Guidance for CAA section 110(a)(2)(E).  

7.  Section 110(a)(2)(F) 

Specific monitoring requirements are found throughout the State of
Delaware Regulations governing the Control of Air Pollution, including 7
DE Admin. Codes 1117 and 1103.  These regulations are included in
Delaware’s approved SIP and are listed in 40 CFR 52.420(c) and also
apply to the 2008 lead NAAQS.

Specific emissions reporting requirements are found throughout the State
of Delaware Regulations Governing the Control of Air Pollution,
including 7 DE Admin. Codes 1117 and 1103.  These regulations are
included in Delaware’s approved SIP, as required by the 2008 lead
NAAQS, and are listed in 40 CFR 52.420(c). 

Delaware’s SIP requires that owners or operators of stationary sources
monitor and submit periodic reports on the nature and amounts of
emissions and emissions related-date emissions from the sources.  This
may include the installation, maintenance and replacement of equipment,
where appropriate.  This information submitted to DNREC is available to
the public at reasonable times for public inspection pursuant to
Delaware law.  Delaware will continue to require reporting of emissions.
 

Except as specifically exempted by the Delaware Freedom of Information
Act, 29 Del. C. Chapter 100, Delaware makes all records, reports or
information obtained by the Department or referred to at public hearings
available to the public pursuant to the provisions of the Delaware
Freedom of Information Act, 29 Del. C. Chapter 100.

Other aspects of Delaware’s program for requiring installation and
maintenance of monitoring equipment, and periodic emissions reporting,
are found in the source monitoring, source testing and test methods, and
recordkeeping and reporting provisions of 7 DE Admin. Codes 1112, 1123,
1124, 1126, 1131, 1137, 1139, 1140, 1141, 1142, and others in the
approved Delaware SIP, which are identified at 40 CFR 52.420(c).  EPA
finds Delaware’s infrastructure SIP meets the current Lead
Infrastructure Guidance for CAA section 110(a)(2)(F).

8.  Section 110(a)(2)(G) 

Delaware has authority comparable to that in section 303 of the CAA and
adequate contingency plans to implement such authority.  

	At present, 7 Del. C. section 6003(a)(1) requires a permit from the
Secretary prior to discharging any air contaminant.  7 Del. C. section
6002(2) defines air contaminant essentially as any substance other than
uncombined water.  7 Del. C. section 6005 allows the Secretary to seek a
preliminary or permanent injunction or temporary restraining order for
discharge of an air contaminant without a permit, and to issue a cease
and desist order for violations (7 Del. C. section 6018).  Therefore, if
any discharge of an air contaminant, including lead, would cause
imminent and substantial endangerment to the health, safety and welfare
of the people of the State of Delaware or the environment, the Secretary
may seek an injunction or temporary restraining order to halt the
violation.

    

Delaware’s SIP contains an emergency episode plan found in the State
of Delaware Regulations Governing the Control of Air Pollution, 7 DE
Admin. Code 1115, Air Pollution Alert and Emergency Plan, that is
currently approved in the SIP and identified at 40 CFR 52.420(c). 

8.  Section 110(a)(2)(H) 

	Through the above cited submissions, Delaware demonstrated that it has
adequate authority under the Delaware Code, Chapter 60, Title 7
“Conservation” to revise the SIP.  These submissions also provide
EPA with adequate assurances that Delaware will review and revise its
SIP from time to time as may be necessary to take account of revisions
of such primary or secondary NAAQS or the availability of improved or
more expeditious methods of attaining such standards and, whenever the
Administrator finds, on the basis of information available to the
Administrator, that the plan is substantially inadequate to attain the
NAAQS which it implements, or to otherwise comply with any additional
requirements established under the CAA.

9.  Section 110(a)(2)(I) 

	Part D pertains to general requirements for nonattainment areas.  This
does not apply because no part of Delaware is designated as a
nonattainment for the 2008 lead NAAQS (November 22, 2011, 75 FR 72097 at
72106-72107).  

10.  Section 110(a)(2)(J) 

	

		Section 121 (relating to consultation).  7 DE Admin. Code 1132,
Transportation Conformity of the State of Delaware Governing the Control
of Air Pollution, provides a legal platform for the various consultation
procedures that have been developed between DNREC, the Delaware
Department of Transportation (DELDOT), and the Metropolitan Planning
Organizations (MPOs).  The MPOs provide the forum for consultation with
local governments.  Delaware’s MPOs are:  WILMAPCO, Kent County MPO,
and the Salisbury-Wicomoco MPO.  Regional planning organizations provide
the forum for inter-state consultations.  Additionally, consultations
with Federal Land Managers are always on going in accordance with EPA
rules.  

		Section 127 (relating to public notification).  All SIP revisions and
new/amended regulations undergo public notice and hearing, pursuant to 7
Del. C. Chapters 29 and 60, which include publication in the newspapers
and in the Delaware Register, and which have allowed for comment by both
the public and local political subdivisions.  Delaware believes the
public notice and hearing processes also fulfill the section 121
consultation process.  Approved regulations in the Delaware SIP specify
the organizations responsible for implementing and enforcing the plans.

In addition, DNREC makes real time and historical air quality
information available on its web site.  

With regard to visibility protection, there are no new applicable
visibility protection obligations under section 110(a)(2)(J) as a result
of the 2008 lead NAAQS.  Delaware is complying with, and will continue
to comply with the visibility protection and regional haze program
requirements under part C of the CAA.  EPA approved the Delaware
regional haze SIP on July 19, 2011 (76 FR 42557).

EPA will take a separate action on the portion of section 110(a)(2)(J)
for the 2008 lead NAAQS as it relates to PSD permit program.  Delaware
submitted revisions to their PSD permit program on March 14, 2012.

 

11.  Section 110(a)(2)(K)

Delaware has the authority and technical capability to conduct air
quality modeling in order to assess the effect on ambient air quality
relevant pollutant emissions and will continue to perform modeling. 
Delaware will continue to submit to EPA the air quality modeling data as
part of Delaware’s relevant SIP submissions, permit actions, and
through Federal grant commitments or in other ways that EPA may request.

12.  Section 110(a)(2)(L)

Delaware’s submissions adequately address this requirement by
explaining that consistent with Delaware law, Delaware will continue to
require the owner or operator of each major stationary source to pay to
the permitting authority, as a condition of any permit required under
the CAA, a fee sufficient to cover (i) the reasonable costs of reviewing
and acting upon any application for such a permit, and (ii) if the owner
or operator receives a permit for such source, the reasonable costs of
implementing and enforcing the terms and conditions of any such permit
(not including any court costs or other costs associated with any
enforcement action), until such fee requirement is superseded with
respect to such sources by the Administrator’s approval of a fee
program under Title V pursuant to Delaware law.  Delaware currently
fulfills this under the enabling authority of 7 Del. C., sections 6095
to 6099, and fee legislation that currently is renewed every three
years.  Delaware has a fully approved Title V operating permits program.
 See paragraphs (b) and (c) under “Delaware” in Appendix A to 40 CFR
part 70—Approval Status of State and Local Operating Permits Programs.

13.  Section 110(a)(2)(M) 

	

Delaware will continue to provide for consultation and participation by
local political subdivisions affected by the SIP pursuant to the public
notice laws found in 7 Del. C., sections 6006 and 6010, and 29 Del. C.
Chapters 10003, 10004, and 10115, as applicable.  Furthermore, all
Delaware SIP revisions undergo public notice and hearing which have
allowed for comment by the public which includes local political
subdivisions.  The public notice and hearing processes fulfill the
requirements for consultation with local political subdivisions affected
by the SIP.

F.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA’s analysis of Delaware’s infrastructure submittals for the 2008
lead NAAQS concludes that Delaware’s submittals meet the requirements
of section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H),(I), (J),
(K), (L), and (M), or portions thereof.  It is recommended that a notice
of proposed rulemaking be prepared approving Delaware’s infrastructure
submittals for the 2008 lead NAAQS.

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