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)


Secretary’s Order No. 2006-A-0039


Approval and Certification of Delaware Reasonably Available Control Technology State Implementation Plan under the 8-Hour Ozone National Ambient Air Quality Standard

Date of Issuance: September 13, 2006

Effective Date: September 13, 2006

Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (“Department”) under 29 Del.C. §§8001 et seq., and 7 Del.C. Chapter 60, the following findings and conclusions are entered as an Order of the Secretary:

Based upon the record reviewed in the Hearing Officer’s Report (“Report”), prepared by Ron Amirikian, dated August 21, 2006, a copy of which is appended hereto and incorporated herein, I find and conclude that the record supports approval in final form of the proposed “Delaware Reasonably Available Control Technology State Implementation Plan Under the 8-Hour Ozone National Ambient Air Quality Standard” (“Plan”). The Department held a public hearing on August 1, 2006, in order to receive public comments on the Plan. This hearing was held pursuant to the Environment Protection Agency’s (“EPA”) procedural requirements, and 60 Del.C. §6010(c).

The Plan essentially is a report and certification on Delaware meeting the federal air quality regulations in its State Implementation Plan in order to attain compliance with the ozone National Ambient Air Quality Standard (“NAAQS”). Delaware’s air quality currently does not meet the ozone NAAQS, and the EPA’s regulations require Delaware, as a state within EPA’s Philadelphia regional ozone non-attainment area, to require major stationary sources of Volatile Organic Compounds (“VOC”) and nitrogen oxides (“NOx”) emissions to be controlled by, at a minimum, by Reasonably Available Control Technologies (“RACT”). The Plan was prepared by experts within the Department’s Air Quality Management Section, Division of Air and Waste Management in order to satisfy Delaware’s responsibilities under the federal Clean Air Act, as amended.

The Hearing Officer’s Report recommends approval of the Plan, which also certifies that all major stationary sources of VOC and NOX are controlled by at least VOC and NOx RACT. This Order hereby approves the proposed Plan as the final Plan and the certification in order that it may be submitted to EPA. The Plan demonstrates that Delaware has implemented RACT for VOC and NOx air contaminant emissions from major stationary sources. These air emission contaminants cause ozone, which, in turn, causes significant health problems for Delaware’s citizens and visitors. Consequently, the Plan sets forth how the air quality in Delaware will be improved so that Delaware will meet the federal standard for ozone in the future. The Plan refers to Delaware Air Pollution Control Regulation No. 12 for NOx and Regulation No. 24 for VOC as the primary regulatory means to impose RACT on these two ozone causing air contaminants. The Plan also discusses the proposed regulation of other sources in proposed rulemakings, including lightering operations, which entails the transfer in Delaware Bay of oil from one larger vessel to another smaller vessel in order to allow the larger vessel to travel to the refineries along the Delaware Bay. The Plan reports that Department has a pending rulemaking to consider a adopting a regulation to regulate the VOC emitted from the oil lightering operations based upon the Department’s experts’ assessment that the one hour ozone NAAQS was not feasible at this time. This action should satisfy the EPA’s comment on the progress on this source of air emission of VOC contaminants. In conclusion, this Order finds and directs that:

1. The proposed Plan, as published in the July 1, 2006, Delaware Register of Regulations, is adopted as the Department’s final Plan and certification for EPA. The Department will undertake the necessary procedural steps to implement and publish this Order, including publication as a Notice in the Delaware Register of Regulations in the next available issue.

2. The Department provided adequate notice of the public hearing in a manner required by the applicable law and regulations, and the Department considered all public comments and has an adequate record for its decision, and no further public hearing is appropriate or necessary.

John A. Hughes


10 DE Reg. 756 (10/01/06)(Final)