The Clean Air Act (CAA) Section 182(b)(2) requires that all ozone non-attainment areas, including Delaware, must develop or update relevant regulations to implement Reasonably Available Control Technology (RACT) controls on emission sources covered in EPA's Control Techniques Guidelines (CTG) or Alternate Control Techniques (ACT), and submit the regulations to EPA as State Implementation Plan (SIP) revisions. Recently, the EPA has updated several CTGs and the afore-mentioned revisions to 7 DE Admin. Code 1124 reflect DE's efforts accordingly. Specifically,

• Section 8.0, Handling, Storage, and Disposal of Volatile Organic Compounds (VOC). This revision updates the existing work practice standards, and adds a new generally applicable cleaning solvent VOC content limit.

• Section 13.0 Automobile and Light-Duty Truck Coating Operations. This revision sets more stringent emissions limits.

• Section 16.0 Paper Coating. The revision adds "film and foil coating" to the regulated category.

• Section 23.0 Coating of Flat Wood Paneling. The revision sets up more stringent emission limits.

• Section 37.0 Graphic Art Systems. The revision adds "flexible packaging printing" to the regulated category.

• Section 45.0 Industrial Cleaning Solvents. The revision clarifies that the requirements of 45.0 are triggered based on "VOC emissions" rather than "solvent used."

• Section 47.0 Offset Lithographic Printing. The revision adds "letterpress printing" to the regulated category.

A public hearing will be held on June 2, 2010, beginning at 6:00 pm, in DNREC's Auditorium, R & R Building, 89 Kings Hwy, Dover, Delaware 19901.

The Department proposes to revise Section 11.0 of 7 DE Admin. Code to require lower volatile organic compound (VOC) content of the coatings and cleaning solvents used in the refinishing of mobile equipment, primarily automobiles, in order to lower VOC emissions, a precursor to the formation of ground-level ozone. The Ozone Transport Commissions (OTC), as an aid to member states in this effort, developed a model rule for mobile equipment refinishing based upon a California rule. Almost all OTC states plan to adopt some form of this model rule. We anticipate a VOC emission reduction of about 300 tons per year.

There will be a hearing on these proposed amendments on Thursday, June 10, 2010 beginning at 6pm in the Richardson & Robbins Auditorium. Interested parties may submit comments in writing to Ronald Amirikian, Air Quality Management Section, 156 South State Street, Dover, DE 19901 and/or statements and testimony may be presented either orally or in writing at the public hearing

Under Section 112(k) of the 1990 Clean Air Act Amendments, Congress mandated that the EPA identify 30 or more hazardous air pollutants (HAPs) that posed the greatest threat to public health in urban areas, to identify the small area sources that emit those pollutants and to develop regulations to reduce the emission of HAPs. In 1999, the EPA identified 33 HAPs that posed the greatest threat to public health and has, since that time, identified over 60 new area source categories for which regulations are being developed.

In January 2008, the EPA promulgated another of these area source category standards that will affect existing and future Delaware sources; the area source standard for paint stripping and miscellaneous surface coating operations under 40 CFR Part 63 Subpart HHHHHH.

Delaware is proposing to amend Regulation 1138 by adding a new Section 13 that covers area source paint stripping operations that use chemical strippers containing methylene chloride. The purpose of this proposed amendment is to provide increased protection for Delaware citizens against a variety of potential adverse health effects linked to a long term exposure to methylene chloride. In addition, methylene chloride is classified as probable human carcinogens by the EPA. The proposed amendment will provide greater consistency between Delaware's air toxics standards for these paint stripping operations and the recently promulgated federal standard (40 CFR Part 63 Subpart HHHHHH) on which this proposed amendment is heavily based.

Delaware is also proposing to amend Regulation 1138 by adding a new Section 15 that covers area source motor vehicle or mobile equipment surface coating operations. The purpose of this proposed amendment is to provide increased protection for Delaware citizens against a variety of potential adverse health effects linked to a long term exposure to cadmium, chromium, lead, manganese, or nickel compounds. In addition, some of these compounds, except the manganese compounds, are classified as known or probable human carcinogens by the EPA. The proposed amendment will provide greater consistency between Delaware's air toxics standards for these types of operations and the recently promulgated federal standard (40 CFR Part 63 Subpart HHHHHH) on which this proposed amendment is heavily based. In addition, this amendment proposes to include more health protective requirements that currently exist in similar area source air toxics standards found in Regulation 1138 and other Delaware air regulations.

The Fishery Management Plan (FMP) for black sea bass was implemented by the National Marine Fisheries Service (NMFS) and the Atlantic States Marine Fisheries Commission (ASMFC) in 1996 to manage the coastwide black sea bass stock. The recreational fishery is allocated 51% of the Total Allowable Landings (TAL) each year as a harvest limit. The coastwide recreational quota for 2009 was just over 1.1 million pounds but it is estimated that at least 2.9 million pounds of black sea bass were harvested. The harvest limit for the 2010 recreational fishery has been increased to 1,830,390 pounds but additional regulatory measures are necessary in 2010 to prevent the harvest cap from being exceeded.

The ASMFC Black Sea Bass Management Board adopted a motion at the February Commission meeting to require states to implement a seasonal closure in 2010 in order to restrain the recreational harvest within the target harvest limit. The open fishing season adopted by the Board would extend from May 22 to September 12, 2010 and is required as part of the compliance program of the FMP. In addition, the Board's motion specified the current 12.5" minimum size and 25-fish creel limit remain in place.

Delaware will be required to implement the seasonal recommendation since current regulations have no provisions regarding specific dates for a harvesting season for black sea bass. The size limit and creel limit will not require any regulatory adjustments for 2010.

Delaware is required to comply with specific Fishery Management Plans approved by the Atlantic States Marine Fisheries Commission. Failure to do so could result in complete closure of a specific fishery in Delaware. Should the NMFS relax the recommended seasonal closure as a result of further landings analysis, the Department could modify the season through emergency action.

Individuals may present their comments or request additional information by contacting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901, (302) 739-9914. A public hearing on these proposed amendments will be held on May 21, 2010 at 6:00 P.M. in the DNREC Auditorium, 89 Kings Highway, Dover, DE 19901.