The DNREC Division of Air Quality will conduct a virtual public hearing (Docket #2020-R-A-0011) on the proposed revision to Delaware’s State Implementation Plan (SIP). Public comment period closed.

The hearing will address the Delaware 2017 Base Year SIP Emissions Inventory under the 2015 Ozone National Ambient Air Quality Standard (NAAQS).

The objective of the proposed SIP revision is to establish Delaware’s 2017 base year emissions inventory to meet the requirements according to Section 182(a)(1) of the Clean Air Act and the US Environmental Protection Agency’s implementation rule for the 2015 Ozone NAAQS.

The proposed SIP revision may be inspected online as of August 1, 2020, on the Delaware Register of Regulations or in-person by appointment only by contacting Jacquelyn L. Cuneo by phone at 302-739-9402 or by email at jacquelyn.cuneo@delaware.gov.

The hearing record will remain open for at least 15 days following the date of this hearing. The Department will accept public comment through the close of business on Thursday, Sept.10, 2020. Comments pertaining to the above proposed SIP revision will only be accepted in written form via the online comment form at de.gov/dnreccomments, via email to DNRECHearingComments@delaware.gov, or via USPS to the below address.

Public Hearing Officer

Theresa Newman
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, with Appendix A

Secretary’s Order No. 2020-A-0027 — Approving Final Revision to Delaware’s State Implementation Plan (“SIP”): Delaware 2017 Base Year SIP Emissions Inventory under the 2015 Ozone National Ambient Air Quality Standard (NAAQS) (Effective Date: Nov. 11, 2020)

DNREC Exhibits

Exhibit 1: The final rule for the promulgation of the 2015 Ozone National Ambient Air Quality Standard, dated October 26, 2015, which was published in Volume 80 of the Federal Register, beginning on page 65292.

Exhibit 2: The final rule for the designations of areas as nonattainment for the 2015 ozone National Ambient Air Quality Standard, dated June 4, 2018, which was published in Volume 83 of the Federal Register, beginning on page 25776.

Exhibit 3: The final rule of implementation plan requirements for the 2015 ozone National Ambient Air Quality Standard, dated December 6, 2018, which was published in Volume 83 of the Federal Register, beginning on page 62998.

Exhibit 4: The Register Notice which appeared in the Delaware Register of Regulations. Issue Date: August 1, 2020, Volume 24 – Issue 2, Page 183.

Exhibit 5: The affidavit and public hearing notice as it appeared in the July 19, 2020 Delaware State News that advertised today’s public hearing.

Exhibit 6: The affidavit and public hearing notice as it appeared in the July 19, 2020 News Journal that advertised today’s public hearing.

Exhibit 7: The public hearing notice for today’s public hearing, on the State of Delaware Public Meeting Calendar, as dated July 17, 2020.

Exhibit 8: The public hearing notice for today’s public hearing, as posted on the website for DNREC Public Hearings, dated July 16, 2020.

Exhibit 9: The 2017 Base Year Emissions Inventory State Implementation Plan for Volatile Organic Compounds, Nitrogen Oxides, and Carbon Monoxide For Areas of Marginal Nonattainment of the 2015 ozone National Ambient Air Quality Standard in Delaware, as proposed in the Delaware Register on August 1, 2020.

Exhibit 10: The “Declaration of a State of Emergency for the State of Delaware Due to A Public Health Threat,” as issued by Delaware Governor John Carney on March 12, 2020.

Exhibit 11: A proclamation by Governor John Carney, dated March 13, 2020, authorizing all meetings of public bodies to be conducted electronically until further notice.

Exhibit 12: The Press Release issued by the Department of Natural Resources and Environmental Control on March 17, 2020, announcing “changes to operations due to COVID-19,” to include a notice that “hearings for permits, regulations and appeals are being moved to phone or video for public access.”

Exhibit 13: A copy the Department of Natural Resources and Environmental Control’s website discussing updates to services related to COVID-19, as published on March 19, 2020. This website also announced that all Department public hearings will be virtual until further notice.

Exhibit 14: The Press Release issued by the Department of Natural Resources and Environmental Control on March 20, 2020, stating that “Public hearings will be available via phone or video conference” and that “The public will be able to submit comments about the subject of each hearing via email, online form, or regular mail.”