DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Division of Air and Waste Management
Air Quality Management Section
Secretary’s Order No. 99-A-0010
Date of Issuance: March 5, 1999
Reg. 1 and 3, Governing the Control of Air Pollution
Re: Proposed Amendments to the Regulations
Governing the Control of Air Pollution
Effective Date of Regulatory Amendment: April 12, 1999
I. Background
On Wednesday, February 10, 1999, at approximately 6:00 p.m., a public hearing was held in the DNREC Auditorium at 89 Kings Highway, Dover. The public hearing concerned revisions to air quality standards portions of the Regulations Governing the Control of Air Pollution. Gary B. Patterson, Executive Director of the Delaware Petroleum Council was the only member of the public to attend the public hearing, and he did not submit any comments. At the close of the public hearing, the Hearing Officer closed the public hearing record.
Prior to the public hearing, a public workshop concerning the proposed regulatory changes was held on Monday, June 8, 1998, at the DNREC Auditorium. Proper public notice of the workshop was provided. Additionally, public notice of the hearing was provided as required by law including publication in the Delaware Register of Regulations. By memorandum dated March 2, 1999, the Hearing Officer submitted his report and recommendation, which is hereby explicitly incorporated into this Order by reference.
II. Findings and Conclusions
1. Proper notice of the public hearing was provided as required by law, including publication in the Delaware Register of Regulations.
2. An informal public workshop concerning the regulatory proposal was held prior to the public hearing on Monday, June 8, 1998.
3. Only one member of the public was present at the public hearing, and he submitted no comments concerning the proposed regulatory amendments.
4. The proposed changes in these air quality standards are designed to protect public health and are based on the latest in health-based research.
5. Longer exposures at relatively high concentrations of ozone have a greater and more permanent impact on health than brief exposures to ozone at peak concentrations.
6. Addition of a PM2.5 standard acknowledges health-based concerns from very fine particles entering the human respiratory system.
7. The proposed changes to Regulation No. 3 § 11.2 have been withdrawn due to a mistake in publishing; however, AQM intends to re-propose and re-publish these proposed changes at a future date.
8. The only change to the proposal after it was published in the Register of Regulations is the decision not to promulgate the proposed changes in Regulation No. 3, § 11.2 because the changes were improperly published. This does not constitute a significant change with respect to republishing the regulatory proposal.
9. The record supports promulgation of the amendment to the Regulations Governing the Control of Air Pollution and contains no evidence to the contrary.
10. Promulgating these regulatory amendments will further the policies and purposes of 7 Del. C. Chapter 60 in that will protect public heath and the environment.
III. Order
In view of the above findings, it is hereby ordered the proposed amendments to the Regulations Governing the Control of Air Pollution be promulgated as indicated in Exhibit 7 (except for the changes to Regulation No. 3, Section 11.2, that have been withdrawn) and now attached as Exhibit A in the manner and form provided by law.
IV. Reasons
Adoption of the proposed amendments to the Regulations Governing the Control of Air Pollution will further the policies and purposes of 7 Del. C. Chapter 60, in that the Regulations will protect public health and the environment. This regulatory proposal was not opposed in any way by the public or the regulated community. In addition, this regulatory proposal will work toward making state regulation in this area consistent with federal regulations.
Mary L. McKenzie, Acting Secretary
Adopted Regulation Changes to
The Delaware Regulations Governing the Control of Air Pollution
Regulation No. 1 - DEFINITIONS AND ADMINISTRATIVEPRINCIPLES
PM2.5 - Particulate matter with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers, as determined by the appropriate reference methods.
Regulation No. 3 - AMBIENT AIR QUALITY STANDARDS
Section 1 - General Provisions
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1.2 …
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1.5 …
1.6 The sampling and analytical procedures and techniques employed to determine ambient air concentrations of contaminants shall be consistent with methods which result in a representative evaluation of the prevailing conditions. The following methods shall be used directly or employed as reference standards against which other methods may be calibrated;
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j. Ambient concentrations of PM2.5 particulate shall be determined by the reference method based on 40 CFR, Part 50, Appendix L, as found in the Federal Register dated July 18, 1997, on page 38714 – 38752.
Section 6 - Ozone
6.1 1-hour primary and secondary ambient air quality standards for ozone
The average number of days per calendar year with a maximum one hour average value exceeding 235 Fg/m3 (0.12 ppm) shall be equal to or less than one, averaged over three consecutive years. This standard shall be applicable to New Castle and Kent Counties.
6.2 8-hour primary and secondary ambient air quality standards for ozone
The average of the fourth highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm, averaged over three consecutive years. This standard applies to all Counties in Delaware.
Section 11 - PM10 and PM2.5 Particulates
11.1 The Primary and Secondary Ambient Air Quality Standards for Particulate Matter, measured as PM10 are:
a. 150 micrograms per cubic meter (Fg/m3), 24 hour average concentration. The standards are attained when the expected number of days per calendar year with a 24-hour average concentration above 150 Fg/m3, as determined in accordance with 40 CFR, Part 50, Appendix K, is equal to or less than one. the 99th percentile 24-hour concentration, as determined in accordance with 40 CFR, Part 50, Appendix N, as found in the Federal Register dated July 18, 1997, on page 38759, is less than or equal to 150 micrograms per cubic meter (Fg/m3).
b. 50 micrograms per cubic meter (Fg/m3), annual arithmetic mean. The standards are attained when the expected annual arithmetic mean concentration, as determined in accordance with 40 CFR, Part 50, Appendix K N, as found in the Federal Register dated July 18, 1997, on page 38759, is less than or equal to 50 Fg/m3
11.2 The Primary and Secondary Ambient Air Quality Standards for Particulate Matter, measured as PM2.5 are:
a. [50 micrograms per cubic meter (Fg/m3) 24-hour average concentration. The 24-hour primary and secondary PM2.5 standards are met when the 98th percentile 24-hour concentration, as determined in accordance with 40 CFR, Part 50, Appendix N, as found in the Federal Register dated July 18, 1997, on page 38757 - 38758, is less than or equal to 50 Fg/m3] [Reserved]
b. [15.0 micrograms per cubic meter (Fg/m3) annual arithmetic mean concentration. The annual primary and secondary PM2.5 standards are met when the annual arithmetic mean concentration, as determined in accordance with 40 CFR, Part 50, Appendix N, as found in the Federal Register dated July 18, 1997, on page 38756 - 38757, is less than or equal to 15.0 Fg/m3.] [Reserved]