DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Division of Air and Waste Management
Air Quality Management Section
* Please note: Although the Secretary’s Order on this regulation reflects an effective date of October 11, 1999, the appropriate effective date for this regulation is December 13th due to a delay in submission for publication in the Register.
Re: Delaware’s Regulations Governing the Control of Air Pollution Relating to PM 2.5 and the National Low Emissions Vehicle Program
Date of Issuance: September 1, 1999
Effective Date of the Amendments: October 11, 1999
I. Background Findings
A public hearing was held on July 8, 1999, at the DNREC Auditorium in Dover to receive comment on two new proposed regulatory provisions. The first involves a new primary and secondary ambient air quality standard for fine particulate matter, commonly called PM2.5, which would be incorporated into Regulation No. 3. The second aspect of this hearing involved the National Low Emission Vehicle Program the purpose of which is to reduce emissions from automobiles through more stringent NLEV regulations which automobile manufacturers have voluntarily opted to implement rather than alternative restrictions. Proper notice of the public hearing was provided as required by law. Thereafter, the Hearing Officer prepared his report and recommendation in the form of a memorandum to the Secretary dated August 16, 1999, and that memorandum is expressly incorporated herein by reference.
II. Findings and Conclusions
1. Proper notice of the hearing was provided as required by law.
2. Included as an exhibit to the hearing is a letter from the United States Protection Agency Region III expressing support for the fine particulate standard.
3. Absolutely no public comments were entered into the hearing record either orally or in written form. 4. In view of the support for the fine particulate standard from EPA and in the absence of any opposition to either proposal, evidence in the record supports promulgation of the proposed changes to the regulations.
5. Although the NLEV program was proposed in response to requests from automobile manufacturers and it appears to be entirely federally enforceable, the purpose and intent of it should reduce the amount of pollutants in Delaware’s air.
6. The complete lack of public opposition to the proposed changes demonstrates that any burden of compliance to the regulated community is offset by the potential environmental benefits from the proposed regulatory changes.
III. Order
In view of the above, I hereby order that the proposed changes to the Delaware Regulations Governing the Control of Air Quality (as shown in hearing exhibit no. 1) be adopted in the manner and form provided for by law.
IV. Reasons
Adopting the proposed amendments to Delaware’s Regulations Governing the Control of Air Pollution will further the policies and purposes of 7 Del. C. Chapter 60, because the standards and program should help reduce the amount of pollutants in Delaware’s air. Further, the complete lack of public opposition to the proposed changes demonstrates that any burden of compliance to the regulated community is offset by the potential environmental benefits from the proposed regulatory changes.
Nicholas A. Di Pasquale, Secretary
Adopted Regulation Changes to The Delaware Regulations Governing the Control of Air Pollution.
Regulation No. 3 – Ambient Air Quailty Standards
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. ...
b. ...
11.2 The Primary and Secondary Ambient Air Quality Standards for Particulate Matter, measured as PM2.5 are:
a. [Reserved] 65 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 65 Fg/m3.
b. [Reserved] 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.