DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Division of Air and Waste Management
Air Quality Management Section
Statutory Authority: 7 Delaware Code,Section 6010 (7 Del.C. 6010)
Regulation 1 and 3, Governing the Control of Air Pollution
Brief Synopsis of the Subject, Substance and Issues:
The Department of Natural Resources and Environmental Control, in accordance with 7 Del. C. §6010, has revised Regulations 1 and 3 of the Regulations Governing the Control of Air Pollution. The amendments add one (1) definition to Regulation No. 1, and revises Sections 6 and 11 of Regulation No. 3. These changes are to accommodate the new National Ambient Air Quality Standards for Ozone and Fine Particulate Matter.
Possible Terms of the Agency Action:
The Regulation has no term limits
Statutory Basis or Legal Authority to Act:
7 Del C. Section 6010
List of Other Regulations That May be Impacted or Affected by the Proposal:
No other regulations will be affected, however much of DNREC’s activity relating to air pollution control will be greatly affected by these changes.
Notice Of Public Comment:
The Secretary of The Department of Natural Resources and Environmental Control has scheduled a public hearing on February 10, 1999, for the purpose of considering certain amendments to the Regulations Governing the Control of Air Pollution. The revisions amend Regulations No. 1 and 3, which will add a new definition pertaining to Fine Particulate Matter, commonly known as PM2.5; add a new 8-hour standard for Ozone, and define the manner in which compliance with the standards being changed are to be determined.
The public hearing on February 10, 1999, will be held in the Department’s auditorium at Kings Highway in Dover, at 6:00 PM.
Proposed Regulation Changes to the Delaware
Regulations Governing the Control of Air Pollution
Regulation No. 1 - DEFINITIONS AND
ADMINISTRATIVE PRINCIPLES
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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1.6 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
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.