DEPARTMENT OF natural resources and environmental control

Division of Air and Waste Management

Delaware Proposed Visibility State Implementation Plan

1. TITLE OF THE REGULATIONS:

Delaware's Proposed Visibility State Implementation Plan

2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:

The federal Clean Air Act mandates protection of visibility in Class I federal areas, such as national parks, forests and wilderness areas. Under the 1999 Regional Haze Rule, states are required to develop a series of State Implementation Plans (SIPs) to reduce visibility impairment with the express intent that; by 2064 the visibility in the Class I areas will be returned to natural conditions. This proposed SIP is the first SIP in this process, and it establishes that Brigantine National Wildlife Refuge (BNWR), NJ is the only Class I area that Delaware significantly impacts. Delaware coordinated with Class I states and the Mid-Atlantic/Northeast Visibility Union (MANE-VU) in the development of this proposed SIP to present strategies to lessen visibility impairment in BNWR.

This proposed SIP also shows that visibility impairment is primarily caused by sulfur dioxide, and to a lesser degree, primary particles and other particle precursors. These particles and particle precursors are transported from broad geographic areas, and are emitted from many source types. This proposed SIPs goal’s and emission reduction strategies demonstrate that adopted and enforceable State and Federal regulations and control measures meet long term strategies and “reasonable progress goals” by 2018, as established by Class I states and regional consultation process.

3. POSSIBLE TERMS OF THE AGENCY ACTION:

None

4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:

7 Del.C. Ch. 60, Environmental Control

5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:

None

6. NOTICE OF PUBLIC COMMENT:

The public comment period for this proposed SIP revision will extend through September 23, 2008. Interested parties may submit comments in writing during this timeframe to Jack Sipple, Air Quality Management Section, 156 S. State St., Dover, DE 19901, and/or statements and testimony may be presented either orally or in writing at the public hearing to be held beginning at 6:00 p.m. on Tuesday, September 23, 2008, in the Priscilla Building, 156 South State Street, Dover, DE.

7. PREPARED BY:

Jack Sipple (302) 739-9402 john.sipple@state.de.us August 14, 2008

*Please Note: Due to the size of the Delaware's Proposed Visibility State Implementation Plan, it is not being published here. A copy of the Plan is available at:

http://regulations.delaware.gov/register/september2008/general/12 DE Reg 361 09-01-08.pdf