The Department of Natural Resources and Environmental Control (DNREC) will hold a public hearing on a proposed Visibility State Implementation Plan (Docket #2021-R-A-0019). Public comment period closed.

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. States are required to develop a series of SIPs to address visibility impairment in Class I areas and make reasonable progress toward achieving natural visibility conditions. This proposed SIP covers the 2nd implementation period of 2018 – 2028.

The proposed SIP may be inspected online starting Dec. 1, 2021 in the Delaware Register of Regulations or in person, by appointment only, by contacting Renae Held at 302-739-9402 or by email at Renae.Held@delaware.gov.

The Department will accept public comment through the close of business on Jan. 13, 2022. 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 below.

Public Hearing Officer

Lisa A. Vest
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report
– Appendix A: Proposed Revised SIP Regarding Regional Haze
– Appendix B: Technical Response Memorandum

Secretary’s Order No. 2022-A-0013 — Approving Final Revisions to Delaware’s State Implementation Plan (“SIP”) Addressing Regional Haze (Effective Date: Aug. 11, 2022)

DNREC Exhibits

Exhibit 1: Environmental Protection Agency’s Regional Haze Rule. “Regional haze program requirements.” 40 Code of Federal Regulations § 51.308. July 1, 2019. Pages 316-320.

Exhibit 2: Register Notice for the proposed revision to “Delaware’s Visibility State Implementation Plan”, published in Delaware Register of Regulations on December 1, 2021.

Exhibit 3: Affidavit and legal notice in the November 21, 2021 Delaware State News.

Exhibit 4: Affidavit and legal notice in the November 21, 2021 News Journal.

Exhibit 5: Hearing notice on the State of Delaware Public Meeting Calendar, December 13, 2021.

Exhibit 6: Legal notice as posted on the website for DNREC Public Notices, dated November 21, 2021.

Exhibit 7: Proposed Visibility State Implementation Plan (with Appendices)

• Appendix 1-1 Selection of States for MANE-VU Regional Haze Consultation.
• Appendix 3-1 MANE-VU’s Final Interim Principles for Regional Planning.
• Appendix 4-1 Federal Land Manager Comments and Delaware’s Response.
• Appendix 7-1 Technical Support Document for the 2011 Northeastern U.S. Gamma Emission Inventory.
• Appendix 7-2 Ozone Transport Commission/Mid-Atlantic Northeastern Visibility Union 2011 Based Modeling Platform Support Document – October 2018 Update.
• Appendix 8-1 The Nature of the Fine Particle and Regional Haze Air Quality Problems in the MANE-VU Region: A Conceptual Description.
• Appendix 8-2 Contributions to Regional Haze in the Northeast and Mid-Atlantic United States: Preliminary Update Through 2007.
• Appendix 8-3 MANE-VU Updated Q/d*C Contribution Assessment.
• Appendix 8-4 2016 Updates to the Assessment of Reasonable Progress for Regional Haze in MANE-VU Class I Areas.
• Appendix 8-5 2016 MANE-VU Source Contribution Modeling Report – CALPUFF Modeling of Large Electrical Generating Units and Industrial Sources.
• Appendix 8-6 Regional Haze Metrics Trends and HYSPLIT Trajectory Analysis.
• Appendix 8-7 Permit Cancellation Documents for McKee Run Generating Station, City of Dover.
• Appendix 8-8 Recommendation on Approaches to Selecting the 20% Most Impaired Days.
• Appendix 8-9 Analysis of Speciation Trends Network Data Measured at the State of Delaware.
• Appendix 8-10 Inter-RPO State/Tribal and FLM Consultation Framework.
• Appendix 8-11 MANE-VU Regional Haze Consultation Plan.
• Appendix 8-12 MANE-VU Regional Haze Consultation Report.
• Appendix 8-13 National Park Service Letters.
• Appendix 8-14 Agreement Governing the Acquisition and Operation of Delaware City Refinery.
• Appendix 9-1 Statement of the Mid-Atlantic/Northeast Visibility Union Concerning a Course of Action within MANE-VU toward Assuring Reasonable Progress for the Second Regional Haze Implementation Period (2018-2028).
• Appendix 9-2 Inter-RPO Consultation Briefing Book. (MANE-VU Resolution for Reasonable Progress)
• Appendix 9-3 Statement of the Mid-Atlantic/Northeast Visibility Union (MANE-VU) Concerning a Course of Action in Contributing States Located Upwind of MANE-VU toward Assuring Reasonable Progress for the Second Regional Haze Implementation Period (2018-2028).
• Appendix 9-4 Statement of the Mid-Atlantic/Northeast Visibility Union (MANE-VU) Concerning a Course of Action by the Environmental Protection Agency and Federal Land Managers Toward Assuring Reasonable Progress for the Second Regional Haze Implementation Period (2018-2028).
• Appendix 10-1 Facility Responses to Delaware Department of Natural Resources and Environmental Control Request for Information for MANE-VU “Asks”.
• Appendix 10-2 Calpine Title V Operating Permits – Christiana Energy Center, Delaware City Energy Center, and West Energy Center.

Exhibit 8: DNREC Public Hearing Presentation.

Public Comments

Sierra Club, National Parks Conservation Association, Delaware Audubon Society, and Earthjustice (1/13/22)

Mike Gordon, EPA (1/13/22)