DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air and Waste Management

Statutory Authority: 7 Delaware Code, Chapter 60 (7 Del.C., Ch. 60)

FINAL

Secretary's Order No. 2010-A-0014

Date of Issuance: May 18, 2010

Effective Date: June 11, 2010

Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (Department), the following findings, reasons and conclusions are entered as an Order of the Secretary in the above-referenced matter.

Procedural History

On March 8, 2010, the Department's issued Start Action Notice 2010-10, which approved Division of Air and Waste Management, Air Quality Management Section's (AQM) request to begin the formal regulatory development process to establish a new regulation at 7 DE Admin. Code 1150 entitled "Outer Continental Shelf Air Regulations." AQM prepared a proposed regulation, which incorporated by reference the United States Environmental Protection Agency's (EPA) regulations at 40 CFR Part 55. The Department published the proposed regulation in the April 1, 2010 Delaware Register of Regulations and in newspapers of general circulation. The public notices also provided notice of an April 21, 2010 public hearing to be held in the AQM's office in Dover.

The Department did not receive any written public comment on the proposed regulation within the thirty day public comment period that began on April 1, 2010. No member of the public attended the April 21, 2010 public hearing held before presiding Hearing Officer Robert P. Haynes. Department representatives, Mark Prettyman and Ron Amirikian, of AQM attended the public hearing, and developed the record to support the proposed regulation. Mr. Haynes, in a Report dated May 5, 2010 and attached hereto, recommended that the Department adopt the proposed regulation as a final regulation with one small non substantive correction based upon the extensive record AQM developed to support the proposed regulation.

Findings

I find that the record supports approval of the proposed regulation, as corrected, as a final regulation in order to allow the Department to exercise its delegated jurisdiction to regulate and reduce harmful air pollution emissions from any source located within the Outer Continental Shelf (OCS), which is an area 25 miles beyond Delaware's seaward boundary. The proposed regulation incorporates the EPA regulation by reference and will allow Delaware to issue any air pollution control permits, as to requiring applicants to seek a permit from EPA. Any air pollution control permit issued to an OCS source of air pollution would apply Delaware air pollution control regulations. I find that the proposed regulation is well supported in the record and adopt the reasoning in the Report and its recommendations, which includes adopting the proposed regulation, as corrected for a minor non-substantive change, as a final regulation.

Consequently, this Order approves the proposed regulation, as set forth in Appendix A to the Report, as a final regulation based upon the record and the information developed at the public hearing.

In conclusion, the following findings and conclusions are entered:

1. The Department adopts the findings, reasons and conclusions in the Report, and hereby approves the issuance of a final regulation 7 DE Admin. Code 1150 as set forth in Appendix A to the Report, to be included as part of Delaware Regulations Governing the Control of Air Pollution based upon the record developed below; and

2. The Department shall have this Order published in the Delaware Register of Regulations and in newspapers in the same manner as the notice of the proposed regulation.

Collin P. O'Mara, Secretary

1150 Outer Continental Shelf Air Regulations

06/11/2010

1.0 Applicability

Upon delegation of authority by the Administrator of the EPA to the Department, this regulation shall apply to the owner or operator of any OCS source for which Delaware is the corresponding onshore area (COA) as authorized under Section 328 of the federal Clean Air Act Amendments (42 U.S.C. 7627) and 40 CFR Part 55 (July 1, 2009 ed.).

06/11/2010

2.0 Requirements

The provisions of Part 40 CFR Part 55 (July 1, 2009 ed.) are incorporated herein as 7 DE Admin. Code [11491150]. OCS sources shall comply with all requirements of 1100 Air Quality Management Section of Title 7 of the Delaware Administrative Code to the extent that they are incorporated by EPA into 40 CFR Part 55.14.

This rule incorporates the following provisions of 40 CFR Part 55:

Outer Continental Shelf Air Regulations

55.1

Statutory authority and scope.

55.2

Definitions.

55.3

Applicability.

55.4

Requirements to submit a notice of intent.

55.6

Permit requirements.

55.7

Exemptions.

55.8

Monitoring, reporting, inspections, and compliance.

55.9

Enforcement.

55.10

Fees.

55.13

Federal requirements that apply to OCS sources.

55.14

Requirements that apply to OCS sources located within 25 miles of states' seaward boundaries, by State.

55.15

Specific designation of corresponding onshore areas.

Appendix A

to 40 CFR Part 55

Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State

13 DE Reg. 1560 (06-01-10) (Final)