The DNREC Division of Air Quality will hold two public hearings (Dockets #2023-R-A-0016 and #2023-R-A-0017) on a Moderate Non-Attainment Plan for New Castle County for Ozone and Basic Inspection & Maintenance Performance Standard Certification For New Castle County. Public comment period closed.

On June 4, 2018, the Environmental Protection Agency (EPA) designated 51 areas of the country as “non-attainment” under the 2015 8-hour ozone National Ambient Air Quality Standard (NAAQS) of 70 parts per billion (ppb).

Ground level ozone, one of the principal components of “smog,” is a serious air pollutant that harms human health and the environment.

Among those non-attainment areas is the Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) Moderate Non-Attainment Area (NAA). This NAA includes New Castle County in Delaware.

On October 7, 2022, EPA published a final rule to reclassify certain ozone nonattainment areas from Marginal to Moderate for the 2015 ozone NAAQS and instructed those areas to develop the following State Implementation Plans (SIP):

Moderate Non-Attainment Plan For New Castle County For The 2015 8-Hour Ozone National Ambient Air Quality Standard (Docket #2023-R-A-0016)

This document contains Delaware’s State Implementation Plan (SIP) revision for meeting the Attainment Plan requirements associated with the 2015 8-hour ozone NAAQS. This hearing begins at 6 p.m.

Basic Inspection & Maintenance Performance Standard Certification For New Castle County (Docket #2023-R-A-0017)

This document addresses how Delaware demonstrates that the vehicle Inspection and Maintenance (I/M) Program meets the performance standard, as defined within the I/M regulations (40 CFR Part 51, subpart S) and the Clean Air Act, through a Performance Standard Modeling certification. This hearing begins immediately following the Docket #2023-R-A-0016 hearing.

The proposed SIP documents may be inspected online starting Nov. 1, 2023, in the Delaware register of Regulations or by contacting Carolyn Cook, by phone at 302-739-9402 or by email at Carolyn.Cook@delaware.gov.

The input/output files from the EPA’s Motor Vehicle Emission Simulator (MOVES) may be requested by contacting Carolyn Cook at the contact information provided.

The Department will accept public comment through close of business on Dec. 13, 2023. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address on this page.

Transcripts, Hearing Officer’s Reports and Secretary’s Orders

Ozone Attainment Plan – (Docket #2023-R-A-0016)

Public Hearing Transcript

Public Hearing Transcript (Amended)

Hearing Officer’s Report
– Appendix A: Final Non-Attainment Plan

Secretary’s Order No: 2024-A-0002 — Approving Final Revision to Delaware’s State Implementation Plan (“SIP”): Moderate Non-Attainment Plan for New Castle County for the 2015 8-hour Ozone National Ambient Air Quality Standard
Effective Date: March 11, 2024

Performance Standard Certification (Docket #2023-R-A-0017)

Public Hearing Transcript

Public Hearing Transcript (Amended)

Hearing Officer’s Report
– Appendix A: Proposed revised SIP modification

Secretary’s Order No: 2024-A-0003 — Approving Final Revision to Delaware’s State Implementation Plan (“SIP”): Basic Inspection & Maintenance Performance Standard Certification for New Castle County
Effective Date: March 11, 2024

DNREC Exhibits

Ozone Attainment Plan – (Docket #2023-R-A-0016)

Exhibit 1: Environmental Protection Agency’s Final Rule. 2015 Ozone NAAQS, Reclassification of Areas Classified as Marginal.

Exhibit 2: Register Notice for the proposed revision to Delaware’s State Implementation Plan “Proposed Moderate Non-Attainment Plan For New Castle County For The 2015 8-Hour Ozone National Ambient Air Quality Standard,” published in Delaware Register of Regulations on November 1, 2023.

Exhibit 3: Affidavit and legal notice in the October 22, 2023 Delaware State News.

Exhibit 4: Affidavit and legal notice in the October 22, 2023 News Journal.

Exhibit 5: Hearing notice on the State of Delaware Public Meeting Calendar, October 17, 2023.

Exhibit 6: Legal notice as posted on the website for DNREC Public Notices, dated October 22, 2023.

Exhibit 7: “Proposed Moderate Non-Attainment Plan For New Castle County For The 2015 8-Hour Ozone National Ambient Air Quality Standard” (with Appendices), as published in the November 1, 2023 Delaware Register.

Exhibit 8: Revised “Proposed Moderate Non-Attainment Plan For New Castle County For The 2015 8-Hour Ozone National Ambient Air Quality Standard,” with edits, proposed by the Department.

Exhibit 9: Final version of revised “Proposed Moderate Non-Attainment Plan For New Castle County For The 2015 8-Hour Ozone National Ambient Air Quality Standard,” proposed by the Department.

Exhibit 10: DNREC Presentation

Performance Standard Certification (Docket #2023-R-A-0017)

Exhibit 1: Environmental Protection Agency’s Final Rule. 2015 Ozone NAAQS, Reclassification of Areas Classified as Marginal.

Exhibit 2: Register Notice for the proposed revisions to Delaware’s State Implementation Plan “Proposed Basic Performance Standard Certification For New Castle County Inspection And Maintenance Program,” published in Delaware Register of Regulations on November 1, 2023.

Exhibit 3: Affidavit and legal notice in the October 22, 2023 Delaware State News.

Exhibit 4: Affidavit and legal notice in the October 22, 2023 News Journal.

Exhibit 5: Hearing notice on the State of Delaware Public Meeting Calendar, October 17, 2023.

Exhibit 6: Legal notice as posted on the website for DNREC Public Notices, dated October 22, 2023.

Exhibit 7: “Proposed Basic Performance Standard Certification For New Castle County Inspection And Maintenance Program” (with Appendices), as published in the November 1, 2023 Delaware Register.

Exhibit 8: Revised “Proposed Basic Performance Standard Certification For New Castle County Inspection And Maintenance Program,” proposed by the Department.

Exhibit 9: Final version of revised “Proposed Basic Performance Standard Certification For New Castle County Inspection And Maintenance Program,” proposed by the Department.

Exhibit 10: DNREC Presentation