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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2014

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7 DE Admin. Code 1103
This Order considers proposed revised regulations to amend 7 DE Admin. Code 1103 (Ambient Air Quality Standards), as a result of the Department's exhaustive review of its existing regulations, pursuant to Governor Markell's Executive Order No. 36 (hereinafter referred to as "E.O. 36"). In June of 2012, Governor Markell issued E.O. 36, which directed all state agencies, including DNREC, to perform a focused review of their existing, older regulations, identify and remove regulatory hurdles, and modernize and streamline any regulations that may be outdated or unnecessarily burdensome, while maintaining the state's commitment to improving public health and environmental performance.
Revisions are being proposed at this time to 7 DE Admin. Code 1103, Ambient Air Quality Standards, in order to bring the existing regulatory standards up-to-date with current federal requirements. This particular air regulation currently contains outdated test methods and emissions standards. This requires citizens and industry to review both state regulations and federal regulations, and to reconcile the two, in order to understand the requirements that apply here in Delaware. This could also lead to state and federal requirements being incorrectly applied. This unnecessary regulatory burden will be eliminated with the Department's proposed revisions to 7 DE Admin. Code 1103. Additionally, the revised regulation will also be submitted to the U.S. Environmental Protection Agency ("EPA") as a revision to Delaware's State Implementation Plan ("SIP").
The proposed Amendments were thoroughly vetted by the Department at the aforementioned public hearing on August 1, 2013. Public comment was received by the Department from the regulated community with regard to these proposed amendments, suggesting several edits to the proposed language, which would both correct some typographical errors and provide additional clarity without changing the intent of the proposed amendment. After review, the Department's Division of Air Quality agreed with these suggested revisions, and has now incorporated the same into the proposed revised amendments to 7 DE Admin. Code 1103. None of the proposed revisions are substantive in nature, and thus no additional vetting of this proposed promulgation is necessary at this time. It should also be noted that all proper notification and noticing requirements concerning this proposed promulgation were met by the Department. Proper notice of the hearing was provided as required by law.
I find that the proposed revised Amendments are well-supported by the record developed by the Department, and I adopt the Report to the extent it is consistent with this Order. The adoption of this Order will enable Delaware to update its existing, older air regulations by bringing the regulatory standards up-to-date with current federal requirements and provide additional clarity to both the regulated community and the public at large with respect to these issues.
Moreover, the revised amendments to 7 DE Admin. Code 1103 will also be submitted to the EPA as a revision to update Delaware's State Implementation Plan.
4.) The Department's Hearing Officer's Report, including its recommended record and the recommended revised Amendments as set forth in Appendix A, are adopted to provide additional reasons and findings for this Order;
6.) The recommended revised Amendments should be adopted as final regulation Amendments because Delaware will be able to (1) update its existing, older air regulations (as well as its SIP), and provide additional clarity and understanding to Delaware citizens with regard to these matters; (2) further the purpose of Governor Markell's initiatives as set forth in Executive Order No. 36, to wit: strengthen Delaware's economy by modernizing and streamlining regulations that may be outdated or unnecessarily burdensome, while maintaining the state's commitment to improving public health and environmental performance; and, lastly, because (3) the amendments are well supported by documents in the record;
7.) The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
09/11/99 1/11/2014
1.6.1 Ambient concentrations of total suspended particulates shall be determined by the reference high volume method in accordance with 40 CFR, Part 50, Appendix B, June 29, 1979 Appendix B, Reference Method for the Determination of Suspended Particulate Matter in the Atmosphere (High-Volume Method), April 22, 1983.
1.6.2 Ambient concentrations of sulfur dioxide shall be determined by the reference or equivalent method in accordance with 40 CFR, Part 50, Appendix A-1, June 29, 1979. Reference Method Principle and Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere (Ultraviolet Fluorescence Method), June 22, 2010, or 40 CFR, Part 50, Appendix A-2, Reference Method for the Measurement of Sulfur Dioxide in the Atmosphere (Pararosaniline Method), June 22, 2010.
1.6.3 Ambient concentrations of carbon monoxide shall be determined by the reference method in accordance with 40 CFR, Part 50, Appendix C, June 29, 1979. Measurement Principle and Calibration Procedure for the Measurement of Carbon[e] Monoxide in the Atmosphere (Non-Dispersive Infrared Photometry, August 31, 2011.
1.6.6 Ambient concentrations of nitrogen dioxide shall be determined by the reference method in accordance with 40 CFR, Part 50, Appendix F, June 29, 1979. Measurement Principle and Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence), January 20, 1983.
1.6.8 Ambient concentrations of lead shall be determined by the reference method in accordance with 40 CFR, Part 50, Appendix G, June 29, 1979. Reference Method for the Determination of Lead in [Total] Suspended Particulate Matter[, August 2, 2013 Collected from Ambient Air, November 12, 2008].
1.6.9 Ambient concentrations of PM10 particulate shall be determined by a reference method in accordance with 40 CFR, Part 50, Appendix J, Reference Method for the Determination of Particulate Matter as PM10 in the Atmosphere, August 7, 1987, or an equivalent method.
1.6.10 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. Reference Method for the Determination of Fine Particulate Matter as PM2.5 in the Atmosphere, October 17, 2006.
02/01/1981 1/11/2014
4.1.1 An annual arithmetic average value of 80 μg/m3, (0.03 ppm) not to be exceeded, based upon 24 hour average concentrations. The national primary 1-hour air quality standard for oxides of sulfur is 75 parts per billion (ppb) measured in the ambient air as sulfur dioxide. The 1-hour ambient air quality standard is [met] when the three-[hour year] average of the annual (99th percentile) of the daily maximum 1-hour average concentration is less than or equal to 75 ppb.
4.1.2 A twenty‑four average value of 365 μg/m3 (0.14 ppm) not to be exceeded more than once per year based upon 24 hour average concentrations. The national primary 1-hour air quality standard for oxides of sulfur is set forth in 40 CFR Part 50.17, National Primary Ambient Air Quality Standards for Sulfur Oxides (Sulfur Dioxide), June 22, 2010.
4.3.2 The national primary [24-hour annual] ambient air quality standard for sulfur oxides is set forth in 40 CFR Part 50.4, National Primary Ambient Air Quality Standards for Sulfur Oxides (Sulfur Dioxide), June 22, 2010.
09/11/1999 1/11/2014
6.1 One-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 μg/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 County and Kent County. The 1-hour primary and secondary [national] ambient air quality standard for ozone is 235 μg/m3 (0.12 ppm). The primary and secondary ozone ambient air quality standards are met when the number of days per calendar year with maximum hourly average concentrations above 235 μg/m3 (0.12 ppm[)] is equal to or less than 1, as determined by 40 CFR Part 50, Appendix H, Interpretation of the 1-hour Primary and Secondary National Ambient Air Quality Standards for Ozone, July 18, 1997. The 1-hour primary and secondary national ambient air quality standards are set forth in 40 CFR Part 50.9, National 1-hour Primary and Secondary Ambient Air Quality Standards for Ozone, May 14, 2012.
6.2 Eight-hour primary and secondary ambient air quality standards for ozone
The average of the fourth highest daily maximum eight-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. The 8-hour primary and secondary [national] ambient air quality standard for ozone is 0.075 parts per million (ppm). The primary and secondary ozone ambient air quality standards are met when the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.075 ppb, as determined in accordance with 40 CFR Part 50, Appendix P, Interpretation of the Primary and Secondary Air quality Standards for Ozone, May 27, 2008. The 8-hour primary and secondary ozone standards are set forth in 40 CFR Part 50.15, National Primary and Secondary Air Standards for Ozone, May 27, 2008.
02/01/1981 (Insert Revision Effective Date)
The annual arithmetic mean concentration of nitrogen dioxide shall not exceed 100 micrograms per cubic meter (0.05 ppm).
8.1.1 The primary 1-hour air quality standard for oxides of nitrogen is 100 parts per billion (ppb), 1-hour average concentration, measured in the ambient air as nitrogen dioxide. Compliance with the 1-hour standard is demonstrated when the three-year average of the 98th percentile of the daily maximum 1-hour average concentration is less than or equal to 100 ppb, as determined with 40 CFR Part 50, Appendix S, Interpretation of the Primary Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide), February 9, 2010.
02/01/1981 1/11/2014
The 24 hour concentration of lead averaged over a calendar quarter shall not exceed 1.5 micrograms per cubic meter. The national primary and secondary ambient air quality standard for lead (Pb) and its compounds are 0.15 micrograms per cubic meter (μg/m3), arithmetic mean concentration over a 3-month period measured in the ambient air as Pb. The national primary and secondary air quality standards are set forth in 40 CFR Part 50.16, National Primary and Secondary Ambient Air Quality Standards for Lead November 12, 2008.
02/11/2003 1/11/2014
11.0 PM10 and PM2.5 Particulates
11.1.1 The primary and secondary air quality standards for PM10 are 150 micrograms per cubic meter (μg/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 μg/m3, as determined in accordance with 40 CFR, Part 50, Appendix K, Interpretation of the National Ambient Air Quality Standards for Particulate Matter, October 17, 2006, is equal to or less than one. The national primary and secondary air quality standards are set forth in 40 CFR Part 50.6, National Primary and Secondary Ambient Air Quality Standards for PM10.
11.1.2 50 micrograms per cubic meter (μg/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, is less than or equal to 50 μg/m3. Reserved
11.2.1 65 The 24-hour primary and secondary air quality standard is 35 micrograms per cubic meter (Fμg/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, Interpretation of the National Ambient Air Quality Standards for PM2.5, January 15, 2013, is less than or equal to 65 35 μg/m3. The national 24-hour hour primary and secondary air quality standards are set forth in 40 CFR Part 50.13, National Primary and Secondary Air Quality Standards for PM2.5, October 17, 2006.
11.2.2 15.0 The primary annual air quality standard is 12.0 micrograms per cubic meter (mg/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 Interpretation of the National Ambient Air Quality Standards for PM2.5, January 15, 2013, is less than or equal to 152.0 μg/m3. The national annual primary and secondary air quality standards are set forth in 40 CFR Part 50.18, National Primary and Secondary Air Quality Standards for PM2.5, January 15, 2013.
11.2.3 The secondary annual air quality standard is 15.0 micrograms per cubic meter (μg/m3) annual arithmetic mean concentration. The annual secondary PM2.5 standards are met when the annual arithmetic mean concentration, as determined in accordance with 40 CFR, Part 50, Appendix N, Interpretation of the National Ambient Air Quality Standards for PM2.5, January 15, 2013, is less than or equal to 15.0 μg/m3. The national annual primary and secondary air quality standards are set forth in 40 CFR Part 50.13, National Primary and Secondary Air Quality Standards for PM2.5, October 17, 2006.
Last Updated: December 31 1969 19:00:00.
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