UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:            July 23, 2013	

SUBJECT:	Technical Support Document for the Delaware State
Implementation Plan for the Infrastructure Requirements for the 2010
Nitrogen Dioxide National Ambient Air Quality Standards

			/s/

FROM:	Rose Quinto, Environmental Engineer

Office of Air Program Planning

TO:		File

			/s/ Brian Rehn for

THRU: 	Cristina Fernandez, 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) infrastructure requirements for the 2010 nitrogen
dioxide (NO2) national ambient air quality standards (NAAQS).

B.  BACKGROUND

On February 9, 2010 (75 FR 6474), EPA established a new 1-hour primary
NAAQS for NO2 at a level of 100 parts per billion (ppb).  This is based
on a 3-year average of the 98th percentile of the yearly distribution of
1-hour daily maximum concentrations.

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 2010 NO2 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 NO2
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.  

Two elements identified in section 110(a)(2) are not governed by the
three year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the time the nonattainment area plan requirements are
due pursuant to other provisions of the CAA for submission of SIP
revisions specifically applicable for attainment planning purposes. 
These requirements are:  (1) Submissions required by section
110(a)(2)(C) to the extent that subsection refers to a permit program as
required in part D, Title I of the CAA; and (2) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA.  This proposed rulemaking
does not address infrastructure elements related to section 110(a)(2)(I)
or the nonattainment planning requirements of 110(a)(2)(C). 

C.  EPA REQUIREMENTS

As discussed above, for the 2010 NO2 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.  

D.  STATE’S SUBMITTAL

On March 27, 2013, Delaware provided a submittal to satisfy the
requirements of section 110(a)(2) of the CAA for the 2010 NO2 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), (J), (K), (L), and (M) of the CAA, or portions thereof. 

E.  EVALUATION OF STATE SUBMITTAL

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

EPA has determined that Delaware has established laws and regulations
applicable to the 2010 NO2 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, 1112 (Control of Nitrogen Oxide Emissions), 1127, 1142,
1144, 1146, and 1148.  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
2010 NO2 NAAQS.

In this action, EPA is not proposing to approve or disapprove any
existing State provisions with regard to excess emissions during
startup, shutdown or malfunction of operations at a facility.  Also, EPA
is not proposing to approve or disapprove any existing State rules with
regard to director’s discretion or variance provisions.  

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(A). 

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

7 DE Admin. Code 1103 - “Ambient Air Quality Standards” provides for
the establishment and operation of procedures necessary to monitor,
compile, and analyze data related to ambient air quality.  This
regulation is included in Delaware’s approved SIP listed in 40 CFR
52.420(c) which also applies to the 2010 NO2 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 NO2 concentrations from its
monitoring site located in Wilmington near Martin Luther King 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) 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 (Annual Monitoring Network Plan and Periodic Network
Assessment).  EPA approved Delaware’s 2012 Annual Air Quality
Monitoring Network Design Plan on February 21, 2013.  This plan 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.  

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(B). 

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. Aspects of Delaware’s
program for enforcement are found in those SIP-approved provisions of 7
DE Admin. Codes 1102 and 1125.  

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.”  

Delaware implements its Construction and Operation Permit Program
requirements under 7 DE Admin. Codes 1102 and 1125.  These existing
permitting programs which are part of the federally-approved SIP ensure
that the construction and modification of both major and minor
stationary sources do not cause or contribute to a violation of the NO2
NAAQS.

SIP approved 7 DE Admin. Code 1102 provides for the evaluation and
necessary regulation of any stationary source that emit equal to or
greater than 0.2 pound of any air contaminant, including NO2, in any one
day.

SIP approved 7 DE Admin. Code 1125 governs preconstruction review and
permitting of any new or modified major stationary sources of air
pollutants as required in Part C in Title I of the CAA.  

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(C). 

  

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

Section 110(a)(2)(D)(i)(I)

In accordance with the decision of the U.S. Court of Appeals for the
District of Columbia, EPA at this time is not treating the
110(a)(2)(D)(i)(I) SIP submission from Delaware which is part of the
larger March 27, 2013 SIP submission for the 2010 NO2 NAAQS as a
required SIP submission.  See EME Homer City Generation, L.P. v. EPA,
696 F .3d 7 (D.C. Cir. 2012), cert. granted, 2013 U.S. Lexis 4801
(2013).  On June 24, 2013, the Supreme Court granted the petitions of
the United States and others and agreed to review this D.C. Circuit
decision.  However, at this time the D.C. Circuit decision remains in
place and unless it is reversed or otherwise modified by the Supreme
Court, states are not required to submit 110(a)(2)(D)(i)(I) SIPs until
EPA has quantified their obligations under that section.  Regardless of
whether a particular SIP submission is considered “required,”
section 110(k)(2) of the CAA requires EPA to act on the submission. 
Therefore, EPA is proposing to act on the portion of Delaware’s SIP
submission that addresses the requirements of section
110(a)(2)(D)(i)(I).

NO2  is a subset of a broader pollutant nitrogen oxides (NOx).  After
EPA’s review of Delaware’s March 27, 2013 infrastructure SIP
submittal for the 2010 NO2 NAAQS, EPA is proposing to determine that
Delaware’s SIP includes adequate provisions (as identified below) to
prohibit sources or other emission activities within the State from
emitting NOx in amounts that will contribute significantly to
nonattainment or interfere with maintenance by any other state with
respect specifically to the NO2 NAAQS.  

The Delaware SIP presently includes requirements for emissions limits on
NOx including, but not limited to, 7 DE Admin. Codes 1112, 1142, 1144,
1146 and 1148.  See 40 CFR 40 CFR 52.420(c).  

Regulation 1112 – Control of NOx Emissions (which imposes NOx
reasonably available control technology limits for major NOx emitting
sources).

Regulation 1142 – Section 1 – (which includes control of NOx
Emissions from Industrial Boilers.)

Regulation 1142 – Section 2 – (which includes control of NOx
Emissions from Industrial Boilers and Process Heaters at Petroleum
Refineries in New Castle County.)

Regulation 1144 – Control of Stationary Generator Emissions – SO2,
PM, VOC and NOx emission control (which contains NOx emission rates).

Regulation 1146 – Electric Generating Unit Multi-Pollutant Regulation
– (which includes SO2, NOx and mercury emission rates.)

Regulation 1148 – Control of Stationary Combustion Turbine Electric
Generating Unit Emissions – (which includes NOx emission control
through NOx emission rates.)

In addition, all major stationary sources of NO2 are subject to the
SIP-approved requirements for prevention of significant deterioration
(PSD) and nonattainment new source review with Emission Offset
Provisions in 7 DE Admin. Code 1125 which provides preconstruction
review and permitting requirements in attainment and nonattainment
areas.  The requirements of 7 DE Admin. Code 1125 help ensure that no
new or modified NO2 emitting source will cause or contribute to
nonattainment areas for NO2.  

Further, EPA notes that available information does not indicate that
current air quality exceeds the NO2 NAAQS in any area surrounding or
bordering Delaware.  See February 17, 2012 (77 FR 9532).  The 2008-2010
air quality monitoring data reflect conditions in many locations well
below the NO2 NAAQS.  EPA also reviewed NO2 air quality monitoring data
for the states surrounding or bordering Delaware within a 50 kilometer
radius from Delaware including Pennsylvania, New Jersey, and Maryland as
well as Delaware’s data.  EPA selected a fifty kilometer radius from
Delaware when reviewing design values at monitors because 50 kilometers
is the standard distance for modeling analysis in EPA’s Guideline on
Air Quality Models (Appendix W to 40 CFR Part 51) and EPA is acting
consistent with that Guideline.  The most recent design values (DVs)
that are computed using quality-assured and certified ambient air
monitoring data using the Federal Reference method or equivalent data
reported by states, tribes and local agencies to EPA’s Air Quality
System (AQS) for 2009-2011 for monitors in states surrounding or
bordering Delaware within 50 kilometers of Delaware are in Table 1 below
and show that the DVs are well below the NAAQS for NO2.  The preliminary
DVs for 2010-2012 in Table 1 also show levels well below NO2 NAAQS.  The
level of the 1-hour NAAQS for NO2 is 100 parts per billion (ppb) and the
form is the 3-year average of the annual 98th percentile of the daily
1-hour maximum.  Significant contribution must be evaluated not just
against nonattainment areas, but also against areas with monitors
showing violations of the NAAQS.  There are no areas violating the
NAAQS.  Further, in the states surrounding and bordering Delaware within
the 50 kilometer radius reviewed by EPA, the highest DV for 2009-2011 is
65 (Philadelphia, PA).  See Table 1 below for DVs surrounding and
bordering Delaware within a 50 kilometer radius around Delaware.

Table 1.         Design Values Surrounding and Bordering Delaware

State	County	Site 	2009-2011

Final DV (ppb)	2010-2012

Prelim DV (ppb)

DE	New Castle	100032004	50	48

DE	Sussex	100051003	-	19

MD	Baltimore	240053001	50	48

NJ	Camden	340070002	-	43

PA	Bucks	420170012	43	42

PA	Delaware	420450002	48	47

PA	Lancaster	420710007	43	42

PA	Philadelphia	421010004	65	65

PA	Philadelphia	421010047	59	57

PA	York	421330008	50	49



Based on this air quality monitoring data analysis and EPA’s review of
NOx emission trends within Delaware, EPA does not expect NOx emissions
in Delaware to increase significantly particularly in light of the
Delaware SIP emission limits and New Source Review provisions.  

EPA’s analysis of the air quality monitoring data and emission trends
also supports EPA’s conclusion that NO2 emissions are not increasing
significantly in the states surrounding Delaware and do not appear
likely to significantly increase especially with the Delaware SIP
provisions for NOx.  EPA therefore does not expect monitors identified
in the table above which all have DVs well below the NO2 NAAQS to have
difficulty maintaining the NAAQS for NO2.  EPA concludes Delaware
emission sources are not significantly contributing to nonattainment in
another state with the NO2 NAAQS and are not likely to interfere with
maintenance of the NO2 NAAQS in another state.

Because the 2008-2010, the 2009-2011 and also the preliminary 2010-2012
air quality monitoring data identified above for areas surrounding or
bordering Delaware within a 50 kilometer radius from Delaware are well
below the NO2 NAAQS and because NOx emission trends from Delaware
sources do not appear to be increasing, EPA finds Delaware’s federally
enforceable SIP provisions with NOx emission limits for NOx emission
sources contain adequate provisions so Delaware emission sources will
not interfere with maintenance or contribute significantly to
nonattainment in another state with the NO2 NAAQS.  

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(D)(i)(I). 

Section 110(a)(2)(D)(i)(II)

For all areas of Delaware, a SIP- approved PSD program (7 DE Admin. Code
1125) is in place.  See 40 CFR 52.420(c).  See additional discussion
under 110(a)(2)(C).  Based upon EPA’s review of the submittal, EPA is
proposing to determine that Delaware has met its obligations pursuant to
110(a)(2)(D)(i)(II) for the part C permit program.  

Prong 4 of section 110(a)(2)(D)(i)(II) requires that SIPs include
provisions prohibiting any source or other type of emissions activity in
one state from interfering with measures to protect visibility required
to be included in another state’s SIP.   Delaware’s regional haze
SIP was approved on July 19, 2011 (76 FR 42557) and prohibits emission
sources in Delaware from emitting air pollutants which would interfere
with measures which protect visibility.  Based upon EPA’s review of
the submittal, EPA is proposing to determine that the State has met its
obligations pursuant to 110(a)(2)(D)(i)(II). 

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

Neither Delaware nor any facility in Delaware is subject to a section
126 rule.  Delaware has no currently pending obligations pursuant to CAA
126(b) or (c).  Delaware has demonstrated that it has adequate
provisions insuring future compliance with the requirements of sections
126 and 115 of the CAA.  Based upon EPA’s review of the submittal, EPA
is proposing to determine that the State has met its obligations
pursuant to 110(a)(2)(D)(ii). 

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

For section 110(a)(2)(E)(i), Delaware has adequate authority under state
law pursuant to

7 Del. C. Chapter 60 to carry out its SIP obligations with respect to
the 2010 NO2 NAAQS.  DNREC 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, Delaware’s 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 complies with the requirements of section 110(a)(2)(E)(ii)
through compliance with the applicable requirements of 29 Del C.,
Chapter 58, “Laws Regulating the Conduct of Officers and Employees of
the State,” which EPA approved as a SIP revision on April 17, 2013 (78
FR 22785).

The requirements of section 110(a)(2)(E)(iii) are not applicable to
Delaware because Delaware does not rely on localities for specific SIP
implementation.  Based upon EPA’s review of the submittal, EPA is
proposing to determine that Delaware has met its obligations pursuant to
110(a)(2)(E). 

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

Specific monitoring and emissions reporting requirements are found
throughout the State of Delaware’s regulations governing the control
of air pollution, including 7 DE Admin. Codes 1103 and 1117.  These
regulations are included in Delaware’s approved SIP and are listed in
40 CFR 52.420(c) and also apply to the 2010 NO2 NAAQS.

Delaware’s SIP requires that owners or operators of stationary sources
monitor and submit periodic reports on the nature and amounts of NOx
(which includes NO2) emissions and emissions related-data 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 has stated it 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 DNREC 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, 1137,
1139, 1141, 1142, 1144, 1146, 1148 and others in the approved Delaware
SIPs, which are identified at 40 CFR 52.420(c).  

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(F). 

7.  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 NO2, 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 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). 

 

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(G). 

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

Through its SIP submissions, Delaware has 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.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(H). 

9.  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.  7 DE Admin. Code 1132 is
included in the Delaware SIP.  Additionally, consultations with Federal
Land Managers are always ongoing in accordance with EPA rules (such as
in the Regional Haze regulations).  

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.  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.  

PSD requirements necessary to implement the 2010 NO2 NAAQS are SIP
approved and implemented through the requirements of 7 DE Admin. Code
1125, Preconstruction Review.  The Delaware PSD SIP was approved on
October 2, 2012 (77 FR 60053).

With regard to visibility protection, there are no new applicable
visibility protection obligations under section 110(a)(2)(J) as a result
of the 2010 NO2 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).

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(J). 

10.  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.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(K). 

11.  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 also 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.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(L). 

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

In the 2013 NO2 infrastructure SIP submittal, Delaware stated it 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, Delaware stated
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.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(M). 

F.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA’s analysis of Delaware’s infrastructure submittal for the 2010
NO2 NAAQS concludes that 

Delaware’s submittal meets the requirements of CAA section
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M),
or portions thereof.  It is recommended that a notice of proposed
rulemaking be prepared approving Delaware’s infrastructure submittal
for the 2010 NO2 NAAQS.

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