OFFTCE oF THE

SEcRETARY

STATE OF DELAWARE

DEPARTMENT oF NATURAL RESOURCES

AND ENVIRONMENT^A,L CONTROL

89 KtNGs HIGHWAY

DOVER, DELAWARE I99OI

PHoNE: (3O2) 739-9OOO

FAx: (3O2) 739-6242

July 25,2012

Mr. Shawn M. Garvin (3RA00)

Regional Administrator

United States Environmental Protection Agency

Region III

1650 Arch Street

Philadelphia, PA 19103

Dear Mr.

I am pleased to submit the enclosed revision to the State of Delaware State Implementation

Plan (SIP) 7 DE Admin Code ll25 - Requirements for Preconstruction Review. This SIP revision

supplements the revisions submitted to EPA on October 12,2011, that revised our Prevention of

Significant Deterioration (PSD) permitting regulations to include greenhouse gas (GHG) pollutants

pursuant to 75 FR 31514, Prevention of Significant Deterioration and Title V Greenhouse Gas

Tailoring Rule, dated June 3, 2010. This supplement includes an amendment to the definition of the

term "Subject to Regulation" found at7 DE Admin Code 1 125, paragraph l 9. The effective date of

this amendment is August 11,2012.

For all relevant NAAQS (including 1997 and2006PM2.5 NAAQS and 1997 Ozone

NAAQS) Delaware is also submitting this revision for the purposes of meeting its statutory

obligations pursuant to the relevant portions of CAA Section 1 10(a)(2), including, but not limited to,

relevant portions of Sections I l0(a)(2)(A), (C), (DXiXIl), and (J).

The requirements of the CAA Section I l0(a)(2)(A) have been met through the normal

public hearing process established by the State of Delaware with proper notification (30 days) prior

to the convening of the public hearing. Attachments A and B are copies of affidavits as proof of

proper notification. It is the position of the State of Delaware that allminimum requirements set

forth in the 1990 Clean Air Act Amendments have been met.

I hereby certify that the electronic version is an exact duplicate of the hard copy.

De/aarat?e'a Eaod ?/nrr/r?e d/42/4db ae Wu/

Mr. Shawn M. Garvin (3RA00)

July 25,2012

Page 2

Note that I submitted this same revision on June 13,2072, and requested that EPA process

in parallel with the October 12,2011, SIP submission. We look forward to continuing the

cooperative effort between Delaware and EPA in this important work. As always, feel free to

contact me or Ali Mirzakhalili, P.E., Director of Air Quality, (302) 739-9402, if you have any

questions concerning this submittal

Enclosures

cc: Amie Howell, EPA, w/o encl.

Diana Esher, EPA, w/encl.

Sincerely,

Collin-P. O'Mara

TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

1100 Air Quality Management Section

1125 Requirements for preconstruction Review

o24lt+z

1.0 General Provisions

1'1 Requirements of this regulation are in addition to any other requirements of the State of Delaware Regulations Governing the Control of Air pollution.

1'2 Any stationary source which will impact an attainment area or an unclassifiable area as designated by the U.S. Environmental Protection Agency (EPA) pursuant to Section 107 of the Clean AirAct Amendments of 1990 (CAA)' is subject to the provisions of 3.O of this regulation, Prevention of Significant Deterioration (pSD). 1'3 Any stationary source which will impact a non-attainment area as designated by the EpA pursuant to section 107 of the CAA is subject to 2.0 of this regulation, Emission offset prorTisions (Eop). 1'4 A source may be subject to PSD for one pollutant and to EoP for another pollutant, or may affect both attainment or unclassifiable areas and a non-attainment area for the same pollutant. 1'5 Any 

Department 

emission limitation represented by Lowest Achievable Emission Rate (LAER) may be imposect by the pursuant to regulations adopted under 2.0 of this regulation herein notwithsianding any emission limit specified elsewhere in 7 DE Admin. code 1100 RegutationiGovernilil;';;;iil;il'F",ution. 1'6 Any 

Department 

emission 

pursuant 

limitation represented by Best Available control rechnology (BAcr) may be imposed by the

limit specified 

to regulations adbpted under a.o ; il;;";;i;;;;"t"in notwithstanding any emission elsewhere in 7 DE Admin. coae t ioo, n"gut"tioni Governing the controt of Air pollution. 1-7 No stationary source shall be constructed unless the applicant can substantiate to the Department source will comply with that the any applicable emission limit or New source performance standard or Emission

3flfrtrtff;jl,xl,:'f"us Air Pollutant as set forth in 7 DE Admin. Gode 1100 Resutations Governins the

1'8 Any stationary source that implements, for the purpose of gaining relief from.3 9 physical or operational oI this regutation, by any limitation on the capacity o? tne source to emit a pollutant, pollution control equipment including (but not timited to) air

combusted' 

and restrictions on rrours or operation o," on the type or amount of material

have on emissions 

stored, or processed, shall be treated as part of its design and the limitation or the effect it would

code 1100 Regulations 

is enforceab.le, not witnsianoing any emission ti-mit sjeciRed elsewhere in 7 DE Admin.

from any 

Governing the control of iir Pollution. lf a source petitions the Department for relief

as though 

resulting 

construction 

limitation described above, the source is subject to review under 2.0 ano 3.b oitni" regulation had not yet commenced on the source or modification. 1.9 Definitions - For the purposes of this regulation

determined 

"Actual Emissions" 

in accordance 

means the actual rate of emissions of a pollutant from an emission unit, as with the three suuparagraphs berow. ' 

which 

In general, actual emissions as of a particular. date shall equal the average rate, in tons per year, at the unit actually emitted the pollutant during a two-yeai perioo wnich precedes and which is the particular date

different time period 

representative of normal source operation. The Department shall allow the use of a upon a determination 

Actualemissions 

that it-is more represeniative of normal source operation. shall be.calculated using the unit's actualoplrratinJ nours, produciioni"i"r, of materials processed, anct types stored, or combu-sted during the selected time perioo. ' The Department may presume 

the actual emissions 

that source-specific allowable emissions for the unit are equivalent to of the unit.

' 

shail 

For any emissions unit, which has not begun normal operations on the particular date, actual emissions equar the potentiar to emit of the unit on that date.

rated 

"Allowable 

capacity 

Emissions" 

of the 

means the emissions rate of a stationary source carculated using the maximum source (unless 

rate, or 

the source is subject to enforceabt" tirit., which ,rtriitin" operating hours of operation, or both) and the most stringent of the following:
2

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

The applicable standards

. as set forth in 7 DE Admin. Code 1'l2O and 1121;

. other applicable Delaware State lmplementation Plan emissions limitations, including those with a

future comPliance date; or

. The emissions rate specified as an enforceable permit condition, including those with a future

compliance date.

..Baseline Area" means any intrastate area (and every part thereof) designated as attainment or

unclassifiable in which the major source or major modification establishing the minor source baseline date

would construct or would have an air qualiiy impact of 

"the 

pollutant for which the baseline date is

established, as follows: equal to^or greater thin one l.rg/m3 (annual average). for SOz, NO2, or PMle; or

equal to or greater than 0.3 pg/mt (annual average) for PMz s'

. Area redesignations cannot intersect or be smaller than the area of impact of any major stationary

source or major modification which:

. Establishes a minor source baseline date' or

. ls subject to this regulation'

,,Baseline Goncentration" means that ambient concentration levelwhich exists in the baseline area at the

time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant

for which a minor source baseline date is established and shall include:

. The actual emissions representative of sources in existence on the applicable minor source baseline

date, except as listed under Exceptions below'

. The allowable emissions of major stationar' iou*-t which.commenced construction before the major

source baseline date; but were not in op"tation by the applicable minor source baseline date'

Exceptions: The forowing wit not be incruded in the baserine concentration and will affect the applicable

maximum allowable increase or increases:

.Actua|emissionsfromanymajorstationarySourceonwhichconstructioncommencedafterthemajor

source baseline date; and

. Actual emissions increases and decreases at any stationary'source occurring after the baseline date'

..Begin Actua| construction,, means' in genera|, initiation..ot physical on-site construction activities on an

emissions unit which are of a permanent nj,tur". such activities intrude, but are not limited to, installation of

building supports anJ foundations, laying ,nJ"tgtound pipework and construction of permanent storage

structures. with respect to a change in metnoJorlperationi, this term refers to those on-site activities other

in"r, pr"p"r"tory aitivities which mark the initiation of the change.

,,Best Available cOntrol rechnology (BACT)" means. an emissions limitation (including a visible

emission standard) based on the ,'n"ri,nr'i'olgiee of reduction for each-pon_u-tTl,.subject to regulation

under cAA which wourd be emitted rrom 

"ny ffiosed majorstationary source or major modification which

the Department, on a case-by-case basis, takes into account energy' environmental' and economic impacts

and other costs, determines is achievabre for such source or mooi-Rcation through apprication of production

processes or available methods, systems, and techniques' including fuel cleaning or treatment or

innovative fuer combustion techniqu", roi'"bniror of such'potutant. In no event shall application of best

ava'abre contror technorogy resurt in emissions of any poruiant which wourd exceed the emissions allowed

by any applicable "t"na"rt 

under z oe aomin- code 1120 and 1121' lt the Department determines that

technologicat or economic limitation, on-th" application of measurement methodology to a particular

emissions unit would make the imposition of an emissions standard infeasib|e, a design, equipment, work

practice,operationalstandard,orcombinationthereof'maybeprescribedinsteadtosatisfytherequirement

for the apprication of uest avaitabre contror tectrnotogy. Such standard shat, to the degree possible, set forth

the emissions reduction achievabt" ov ii.r-prfr"ii"tt. ?f _r_f"h 

design, equipment' work practice or

operation, and shall piouiO" tot comptiance iV t""n" which achieve equivalent results'

,,Building, structure, Facility, or Instaltation,, means all of the pollutant-emitting activities which belong

tothesameindustrialgrouping,arelocatedononeormorecontiguousoradjacentproperties,andare

under the contror of the same person (or persons under common co-ntror). polluta-nt-emitting activities shall

be considered as part of the same inorstri"rliouping if they berong to the same "Major Group' (i.e', which
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

3

have the same first two digit code) as described in the Standard Industrial Classification Manual, 1g72, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and

003-005-00 176-0, respectively). For purposes of 2.0 of this regulation for VOC and NO, pollutant-emitting

activities, this definition shallapply only to the "Building, Structure or Facility".

"Commence" as applied to construction of a major stationary source or major modification means that the

owner or operator has all necessary preconstruction approvals or permits and either has:

' Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or ' Entered into binding agreements or contractual obligations, which cannot be canceled or modified

without substantial loss to the owner or operator, to undertake a program of actual construction of the

source to be completed within a reasonable time.

"complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application.

"Gondensable Particulate Matter" means materialthat is vapor phase at stack conditions, but condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid pM immediately after discharge from the stack. Note that allcondensable PM is assumed to be in the pM2.5 size fraction.

"Gonstruction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition or modification of an emissions unit) which would result in a

change in actual emissions.

"Direct Particulate Mafte/' means particles that enter the atmosphere as a direct emission from a stack or

an open source. Direct PM comprises two components: filterable PM and condensable pM. These two pM

components have no upper particle size limit.

"Direct PMz.s" means combined filterable PM2.5 and condensable PM with an aerodynamic diameter less than or equal to 2.5 micrometers. These solid particles are emitted directly from an air emissions source or activity, or are the gaseous emissions or liquid droplets from an air emissions source or activity that condense to form PM at ambient temperatures. Direct PM2.5 emissions include elemental carbon, di,.""1y emitted organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic particl;: (including but not limited to crustal material, metals, and iea salt).

"Emissions Unit" means any part of a stationary source which emits or would have the potential to emit any pollutant subject to regulation under the CAA.

"Enforceable" means any standard, requirement, limitation or condition established by an applicable federal or state regulation or specified in a permit issued or order entered thereunder, or contained in a Slp approved by the Administrator of the U.S. Environmental Protection Agency (EpA), and which can be enforced by the Department and the Administrator of the EpA.

"Filterable PM" means particles that are emitted directly by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train.

"Fugitive Emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

"Fixed capital cost" means the capital needed to provide allthe depreciable components.

"Greenhouse Gases (GHG)" means an air pollutant composed of an aggregate group of six greenhouse gases; carbon dioxide (COz), nitrous oxide (NzO), methane (CHo), -hydiofluorocarbols 

(HFC), perfluorocarbons (PFC), and sulfur hexafluoride iS}rj. For the purposes of this regutation, the term CO2equivalent emissions (CO2e) shall represent an amount of GHG emitted, and shall be computed as follows;

' Multiply the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHG by the gases associated globalwarming potentialas shown in Table 1-i of this regulation.

. Sum the resultant value for each gas to comfute a tpy CO2e

Table 1-1

GLOBAL WARMING POTENTIALS
TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

4

Name

Carbon dioxide

Methane

Nitrous oxide

HFC-23

HFC-32

HFC+1

HFC-125

HFC-134

HFC-l34a

HFC-143

HFC-143a

HFC-152

HFC-152a

HFC-161

HFC-227ea

HFC-236cb

HFC-236ea

HFC-236fa

HFC-245ca

HFC-245fa

HFO-365mfc

HFG-43-1Omee

Sulfur hexafluoride

PF C-1 4 ( Perfl uorometha ne)

PFC-1 1 6 (Perfluoroethane)

P F C-21 I ( Perfl uoroProPane)

Perfl uorocycloProPa ne

PFC-3-1 -1 0 (Perfl uorobutane)

PerfluorocYclobutane

PF C4-1 -12 (Perfl uoroPentane)

PFC-5-1-14

(Perfluorohexane)

PFC-9-1-18

CAS No. Chemicalformula

124-38-9 COz

7H2-8 CHa

10024-97-2 NzO

7546-7 CHF3

75-10-5 CH2F2

593-5F3 CH3F

354-334 C2HF5

359-35-3 C2H2Fa

811-97-2 CH2FCF3

43H6-0 C2H3F3

42C*4;F2 CzHsFg

624-724 CH2FCH2F

75-37.4 CH3CHF2

35}3ffi cH3cH2F

431-8H CaHFT

677-56-5 CHzFCFzCFg

431{H CHF2CHFCF3

690-39-1 CgHzFo

67H6-7 CsHaFs

46O-73-1 CHF2CHzCF3

,406-58{ CHsCFzCHzCFs

13849H2-8 CF3CFHCFHCF2CF3

2551424 SFo

75-734 CFr

76-1H CzFo

76-19-7 CsFa

931-91-9 CrFe

355-25-9 CrFro

115-25-3 C+Fa

678-26-2 csFp

355-4.24 CoFr+

306-94-5 croF.,,

Globalwarming potential (100 yr.)

1

21

310

11,700

650

150

2,800

1,000

1,300

300

3,800

53

140

12

2;900

1,340

1,370

6,300

560

1,030

794

1,300

23,900

6,500

9,200

7,000

17,340

7,000

8,700

7,500

7,400

7,500
TITTE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

)

"lnnovative Control Technology" means any system of air pollution control that has not been adequately

demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions

reduction than any control system in current practice or of achieving at least comparable reductions at lower

cost in terms of energy economics, or non-air quality environmental impacts.

"Lowest Achievable Emission Rate" (LAER) means the same as defined in 7 DE Admin. Code 1101.

"Definitions and Administrative Principles".

"Major Modification"

' Major modification means any physical change or change in the method of operation of a major

stationary source that would result in a significant net emissions increase of any pollutant subject to

regulation under the CAA.

' Any net emissions increase that is significant for either volatile organic compounds or nitrogen oxides

shall be considered significant for ozone.

. A physical change or change in the method of operation shall not include:

. Routine maintenance, repair and replacement;

' Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the

Energy Stipply and EnvironmentalCoordination Act of 1974 (or any superseding legislation) or by

reason of a natural gas curtailment plan pursuant to the Federal Power Act;

' Use of an alternative fuel by reason of an order or rule under Section 125 of the CAA; ' Use of an alternative fuel at a steamgenerating unit to the extent that the fuel is generated from

municipalsolid waste;

. Use of an alternative fuel or raw material by a stationary source which:

' The source was capable of accommodating before January 6, 1975; unless such change would

be prohibited under any previously issued permit condition which was established after

January6,1975;

' The source is approved to use under any previously issued PSD permit or under 3.0 of this

regulation;

' An increase in the hours of operation or in the production rate, unless such change would be

prohibited under any previously issued permit condition which was established aftei January 6,

1975;

. Any change in ownership at a stationary source.

"Major Source Baseline Date" means in the case of PMle and SO2, January 6, 1g75; in the case of

NO2, February 8, 1988; and, in the case of pM2.s, October 20,2010.

"Major Stationary Source', - See 2.2 and 3.1 of this regulation.

"Minor Source Baseline Date"

' Minor Source Baseline date means the earliest date afterAugust 7, 1977 in the case of pMle and SOz;

after February 8, 1988 in the case of NOz; and, after October 20, 2011 inthe case of pM2.5, on which the

first complete application is submitted by a major stationary source or major modification subject to the

requirements of 3.0 of this regulation.

' The minor source baseline date is established for each pollutant for which increments or other

equivalent measures have been established if:

' The area in which the proposed sour@ or modification would construct is designated as attainment

or unclassifiable for the pollutant on the date of its complete application under 1.0 of this regulation;

and

In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the

case of a major modification, there would be a significant net emissions increase of the pollutant.

"Necessary Preconstruction Approvals or Permits" means those permits or approvals required under

Delaware air quality control laws and regulations.

"Net Emissions Increase'

' Net emissions increase means the amount by which the sum of the following exceeds zero:
6

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

. Any increase in actual emissions from a particular physical change or change in method of

operation at a stationary source; and

. Any other increases and decreases in actual emissions at the source that are contemporaneous

with the particular change and are otherwise creditable.

. An increase or decrease in actual emissions is contemporaneous with the increase from the particular

change only if it occurs between:

. The date five years before construction on the particular change commences; and

. The date that the increase from the particular change occurs.

. An increase or decrease in actual emissions is creditable only if the Department has not relied on it in

issuing a permit for the source under this regulation, which permit is in effect when the increase in actual

emissions from the particular change occurs.

. An increase or decrease in actual emissions of sulfur dioxide or particulate matter which occurs before

the applicable baseline date is creditable only if it is required to be considered in calculating the amount

of maximum allowable increases remaining available.

. An increase in actual emissions is creditable only to the extent that the new level of actual emissions

exceeds the old level.

. A decrease in actual emissions is creditable only to the extent that:

. The old level of actual emissions or the old level of allowable emissions, whichever is lower,

exceeds the new level of actual emissions;

. lt is enforceable at and after the time that actual construction on the particular change begins; and

. lt has approximately the same qualitative significance for public health and welfare as that

attributed to the increase from the particular change.

. lt has not been adopted by the Department as a required reduction to be made part of the SIP or it

is not required by the Department pursuant to an existing requirement of the SlP.

. An increase that results from a physical change at a source occurs when the emissions unit on which

construction occurred becomes operational and begins to emit a particular pollutant. Any replacement

unit that requires shakedown becomes operational only after a reasonable shakedown period, not to

exceed 180 days.

"Ozone Transport Region" means the region designated by section 184 of the federal Clean Air Act and

comprised of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New

Jersey, New York, Pennsylvania, Rhode lsland, Vermont, and the Consolidated Metropolitan Statistical

Area that includes the District of Columbia and northern Virginia.

,,Permanent" (Reductions) means that the actual emission reductions submitted to the Department for

certification have been incorporated in a permit or a permit condition or, in the case of a shutdown, the

permit to operate for the emission unit or units has been voided.

,,Potential to Emit" means the maximum capacity of a stationary source to emit a pollutant under its

physical and operational design. Any physical or operational limitation on the capacity of the source to emit

a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or

the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the

potential to emit of a stationary source.

,,Quantifiabte" (Reductions) means that the amount, rate and characteristics of emission reductions can

be determined by methods that are considered reliable by the Department and the Administrator of the

EPA.

,,Real" (Reductions) means reductions in actual emissions released into the atmosphere.

,,Reconstruction" will be presumed to have taken place where the fixed capital cost of the new

components exceeds 50% of the fixed capital cost of a comparable entirely new stationary source. Any final

decision as to whether reconstruction has occurred shall be made in accordance with the provisions of 40

CFR 60.15(0(1)-(3). A reconstructed stationary source will be treated as a new stationary source for

purposes of this regulation. In determining lowest achievable emission rate (LAER) for a reconstructed

stationary source, the provisions of 40 CFR 60.1s(f( ) shall be taken into account in assessing whether a

new source performance standard is applicable to such stationary source.
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

7

"Secondary Emissions" means emissions which would occur as a result of the construction or operation

of a major stationary source or major modification, but do not come from the major stationary source or

major modification itself. For the purpose of this regulation, secondary emissions must be specific, well

defined, quantifiable, and impact the same general area as the stationary source or modification which

causes the secondary emissions. Secondary emissions may include, but are not limited to:

' Emissions from ships, trains, or other vehicles coming to or from the new or modified stationary source;

and

' Emissions from any offsite support facility or facilities which would not otherwise be constructed or

increase its emissions as a result of the construction or operation of the major stationary source or

major modification.

"Significant"

(a) "Significant" means, in reference to a net emissions increase or the potential of a source to emit any of

the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (Tpy)

Sulfur dioxide: 40 TPY

Particulate matter: 25 TPY

Ozone:

New Castle and Kent Counties - 25 TPY of either volatile organic compounds or nitrogen oxides *

Sussex County - 40 TPY of either volatile organic compounds or nitrogen oxides *

Lead: 0.6 TPY

Asbestos: 0.007 TPY

Beryllium: 0.0004 TPY

Mercury:0.1 TPY

Vinylchloride: 1 TPY

Fluorides: 3 TPY

Sulfuric acid mist: 7 Tpy

Hydrogen sulfide (H2S): 10 Tpy

Total reduced sulfur (including H2S): 10 Tpy

Reduced sulfur compounds (including H2S): 10 Tpy

PMle particulate: 15 Tpy

PM25: 10 TPY of direct PM25 emissions; 40 TPY of sulfur dioxide emissions; 40 Tpy nitrogen oxide

emissions.

*Note: Increases in net emissions shall not exceed 25 tons per year in New Casfle and Kent Counties, or 40

tons per year in Sussex, when aggregated with all other net increases in emissions from the source over

any period of five consecutive calendar years which includes the calenda r year in which such increases

occur. No part of the five consecutive years shall extend before January 1, 1091.

(b) "Significant" means, in reference to a net emissions increase or the potential of a source to em1 a

pollutant subject to regulation under the CAA that (a) does not list, any emissions rate.

(c) Notwithstanding (a), "significant' means any emissions rate or any net emissions increase associated

with a major stationary source or major modification, which would construct within ten kilometers of a Class

I area, and have an impact on such area equal to or greater than one pg/m3, (24-hour average).

"Stationary Source" means any building, structure, facility or installation which emits or may emit any air pollutant subject to regulation under the CAA.

"Subject to Regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by EPA, that iequires actuat control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative

to control, limit or restrict the quantity of emissions of that pollutant released from the regulated'activity.

Except that GHG shall not be subject to regulation except as follows:
TITLE NATURAT RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADMINISTRATIVE CODE

8

(a) Beginning January 2,2011, the pollutant GHG shall be subject to regulation if:

. The stationary source is a new major stationary source for any pollutant subject to regulation

under the CAA that is not GHG and also will emit or will have the potential to emit 75,000 tpy

CO2e or more; or

. The stationary source is an existing major stationary source for any pollutant subject to

regulation under the CAA that is not GHG and also will have an emissions increase of that

pett{*ant anv pollutant subiect to requlation under the CAA that is not IGHGI and an

emissions increase of 75,000 tpy CO2e or more: and, in addition,

(b) Beginning July 1, 201 1, the pollutant GHG also shall be subject to regulation:

. At a new stationary source that will emit or have the potential to emit 100,000 tpy CO2e: or

. At an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e

when such stationary source undertakes a physical change or change in the method of

operation that will result in an emissions increase of 75,000 tpy COze or more.

The term emissions increase, as used above, shall mean that both a significant emissions increase and a

significant net emissions increase occur.

'.Surptus" (Reductions) means actual emission reductions below the baseline (see 2.5.2 of this regulation)

not required by regulations or proposed regulations, and not used by the source to meet any state or federal

regulatory requirements.

14DE Reg.579 (1?01t1ol

15 DE Reg l169 (02to1t121

02t1112012

2.0 Emission Offset Provisions {EOP)

2.j Applicability - The provisions of 2.O ol this regulation shall apply to any person responsible for any proposed

new major stationary source or any proposed major modification.

2.2 For purposes of 2.0 of this regulation, "major stationary source" means:

2.2.1 Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons per year or more of

any pollutant subject to regulation under the Clean Air Act, except for either volatile organic compound or

nitrogen oxides, or

2.2.2 Any stationary source of air pollutants which emits, or has the potential to emit, dither volatile organic

compounds, or nitrogen oxides, in the following amounts:

2.2.2.1 For areas in ozone attainment, ozone marginal, or ozone moderate nonattainment areas and

located in the ozone transport region - 50 tons per year volatile organic compounds or 100 tons per

year of oxides of nitrogen, or

2.2.2.2 For serious ozone nonattainment areas - 50 tons per year of either volatile organic compounds or

oxides of nitrogen, or

2.2.2.3 For severe ozone nonattainment areas - 25 tons per year of either volatile organic compounds or

oxides of nitrogen, or

2.2.2.4 For e{reme ozone nonattiainment areas - 10 tons per year of either volatile organic compounds or

oxides of nitrogen.

2.2.3 Any physical change that would occur at a stationary source not qualifying under 2.2.1 or 2.2.2 of this

regulatibn as a major stationary source, if the change would constitute a major stationary source by itself, or

2.2.4 A major stationary source that is major for either volatile organic compounds or nitrogen oxides shall be

consiiered major for ozone, and "installation" means an identifiable piece of process, combustion or

incineration equiPment.

2.2.5 Nitrogen oxides and SO2 shall be considered as precursors, and are considered nonattainment pollutants in

any PMz.s nonattrainment area.
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROT

DELAWARE ADMINISTRATIVE CODE

9

2.3 For the purposes of 2.4 and 2.5 of this regulation, emission units located in areas designated as attainment or

marginal nonattainment areas that are located within the ozone transport region shall be considered located in

a moderate ozone nonattainment area.

2.4 Conditions for Approval - No person subject to the provisions of 2.1 ot this regulation shall install a major

stationary source of volatile organic compounds or of nitrogen oxides, PMz.s, or sulfur oxides or make a major

modification to a source which will cause or contribute to any violation of the national ambient air quaiity

standards for ozone or PM2.5 within an area of non-attainment for that pollutant unless the following conditioni

are met:

2.4.'l The new major source or the major modification is controlled by the application of lowest achievable

emission rate (LAER) control technology.

2.4.2 All existing sources in the State owned or controlled by the owner of the proposed new or modified source

are in compliance with the applicable local, State and federal regulations or are in compliance with a

consent order specifying a schedule and timetable for compliance.

2.4.3 The new or modified source must satisfo the following offset requirements:

2.4.3.1 The ratio of total actual emissions reductions of volatile organic compounds or nitrogen oxides to

total allowable increased emissions of volatile organic compounds or nitrogen oxideJshall be:

2.4.3.1.1 For moderate ozone nonattainment areas, 1.1b to 1, or

2.4.3.1.2 For serious ozone nonattainment areas, 1 .2 to 1, or

2.4.3.1.3 For severe ozone nonattainment areas, 1.3 to 1, or

2.4.3.1.4 For extreme ozone nonattainment areas, 1 .S to 1.

2.4.3-2 All offsets shall be federally enforceable at the time of application to construct and shall be in effect

by the time the new or modified source commences operation.

2.4.3.3 The ratio of total actual emissions reductions of sulfur dioxide, nitrogen oxides or pM2.5 to total

allowable increased emissions shallbe 1:1.

2-4.4 The application for construction permit pursuant to 7 DE Admin. Gode 1102 shall include an analysis of

alternative sites, sizes, production processes and environmental control techniques for such proposed

source which demonstrates that benefits of the proposed source significantly outweigh the environmental

and social costs imposed as a result of its location, construction, or modification.

2'4.5 Public participation for the construction permit shall be pursuant to 12.3 or 12.4 and 12.5 of 7 DE Admin. Code 1 102.

2.5 Criteria for Emission Reductions Used as Offsets

2.5.1 All emission reductions claimed as offset credits shall be real, surplus, permanent, quantifiable, and federally enforceable;

2.5.2 The baseline for determining credit for emissions reductions shall be the lower of actual or allowable

emissions. The offset credit shall only be allowed for emission reductions made below the baseline; 2.5.3 Emission reductions claimed as offsets shall have occurred on or after January 1, 1gg1;

2.5.4 Credit for an emission reduction may be claimed for use as an offset to the extent that the Department has

not relied on it in issuing any permit under this regulation and has not relied on it for demonstration of attainment or reasonable further progress;

2.5-5 Emission reductions shall not be used as offsets in an area with a higher nonattainment classification than

the one in which they were generated.

2.5.6 Emission reductions claimed as offsets by a source must be generated from within the same nonattainment

area or from any other area that contributes to a violation of the ozone National Ambient Air euality standard in the nonattainment area which the source is located.

2.5.7 The Department may allow the offset requirement in 2.5 of this regulation for direct pMz.s emissions or

precursors of PM2.5 (sulfur dioxide or NOx) to be satisfied by offsetting reductions in direct FM2.5 emissions

or emissions of sulfur dioxide or NOx using a ratio approved by the Department for the nonattjinment area

after public review and comment. Prior to making a final determination on the interpollutant trading ratios for
TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM INISTRATIVE CODE

10

a nonattainment area, the Department shall submit the interpollutant trading ratios and supporting

information to the EPA for concurrence.

2.6 Emission reductions generated in a state other than Delaware and which are placed in the emissions bank

established pursuant to 7 DE Admin. Code 1134 may be used as offsets provided they are federally

enforceable and meet, at a minimum, all the provisions of 7 DE Admin. Gode 1 134 and 2.5.5, and 2.5.6 of this

regulation.

1s2t11t14

3.0 Prevention of Significant Deterioration of Air Quality

3.1 Definitions - For the purposes of 3.0 of this regulation:

Major Stationary Source" means:

. Any of the following stationary sources of air pollutants which emits or has the potential to emit, 100 tons per

year or more of any pollutant subject to regulation under the CAA: Fossil fuel-fired steam electric plants of

more than 250 million British thermal units per hour heat input, coalcleaning plants (with thermal dryers),

kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum

ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250

tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants,

phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace

process), primary lead smelters, fuelconversion plants, sintering plants, secondary metal production plants,

chemical process plants, fossil fuel boilers (or combinations thereof) totaling more than 250 million British

thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;

. Notwithstanding the stationary source size specified in the above paragraph, any stationary source which

emits, or has the potential to emit, 250 tons per year or more of any air pollutant subject to regulation under

the CAA; or

. Any physical change that would occur at a stationary source not otherwise qualifying under the preceding

paragraph as a major stationary source, if the change would constitute a major stationary source by itself.

A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be

considered major for ozone.

9.2 Ambient Air tncrements. ln areas designated as Class l, ll or lll, increases in pollutant concentration over the

baseline concentration shall be limited to the following:

Maximum allowable increase

(Micrograms per cubic meter)

Class I

Pollutant

Total suspended particulates:

Annualgeometric mean

24-hour maximum

Sulfur dioxide:

Annualarithmetic mean

24-hour maximum

Three-hour maximum

PM2.5:

Annualarithmetic mean

24-hr maximum

5

10

2

5

25

1

2
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM INISTRATIVE CODE

11

PMle:

Annualarithmetic mean

24-hr maximum

Nitrogen dioxide

Annual arithmetic mean

Class ll

Pollutant

Total suspended particulates:

Annual geometric mean

24-hour maximum

Sulfur dioxide:

Annualarithmetic mean

24-hour maximum

Three-hour maximum

PM25:

Annualarithmetic mean

24-hr maximum

PMle:

Annual arithmetic mean

24-hr maximum

Nitrogen dioxide

Annualarithmetic mean

Class lll

Pollutant

Total suspended particulates:

Annual geometric mean

24-hour maximum

Sulfur dioxide:

Annualarithmetic mean

24-hour maximum

Three-hour maximum

PM2 5:

Annual arithmetic mean

24-hr maximum

PMle:

Annualarithmetic mean

4

8

t25]t2.51

19

37

20

91

512

4

I

17

30

25

37

75

40

182

700

8

18

u
12

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

24-hr maximum

Nitrogen dioxide

Annualarithmetic mean

60

50

For any period other than an annual period, the applicable maximum allowable increase may be exceeded

during one such period per year at any one location.

3.3 Ambient Air ceilings. No concentration of a pollutant shall exceed:

3.3.1 The concentration permitted under the national secondary ambient air quality standard, or

g.3.2 The concentration permitted under the national primary ambient air quality standard, whichever

concentration is lowest for the pollutant for a period of exposure.

3.4 Restrictions on Area Classification.

3.4.1 Ail Areas in the State of Delaware are designated Class ll, but may be redesignated as provided in 40 CFR

52.s1(s).

3.4.2 The fotlowing areas may be redesignated only as Class l:

3.4.2.1 Bombay Hook NationalWiblife Refuge; and

3.4.2.2 A national park or national wilderness area established after August 7, 1977 which exceeds 10,000

acres in size.

3.5 Exclusions from Increment Consumption

3.S.1 Upon written request of the governor, made after notice and opportunity for at least one public hearing to be

held in accordance with proCedures established by the State of Delaware, the Department shall exclude the

following concentrations in determining compliance with a maximum allowable increase:

3.5.1.1 Concentrations attributable to the increase in emissions from stationary sources which have

converted from the use of petroleum products, natural gas, or both by reason of an order in effect

under sections 2(a) and 2(b) of the Energy Supply and Environmental Coordination Act of 1974 (or

any superseding iegislation) over the emissions from such sources before the effective date of such

an order,

3.5.1.2 Concentrations attributable to the increase in emissions from sources which have converted from

using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal

powbr Act over the emissions from such sources before the effective date of such plan;

3.S.1.3 Concentrations of particulate matter attributable to the increase in emissions from construction or

other temporary emission-related activities of new or modified sources;

3.5.2 No exclusion of such concentrations shall apply more than five years after the effective date of the order to

which 3.S.1.1 of this regulation refers orthe plan to which 3.5.1.2 of this regulation refers, whichever is

applicable. lf both such order and plan are applicable, no such exclusion shall apply more than five years

after the later of such effective dates.

3.6 Stack Heights

The provisions of 7 DE Admin. Code 1127 - STACK HEIGHTS, are applicable to 3.6 of this regulation.

3.7 Review of Major Stationary Sources and Major Modifications - Source Applicability and Exemptions.

3.7.1 No stationary source or modification to which the requirements of 3.8 through 3.15 of this regulation apply

shall begin ictual construction without a permit which states that the stationary source or modification

would meet those requirements. The Department has authority to issue any such permit.

3.7 .2 The requirements of 3.g through 3.15 of this regulation shall apply to any major stiationary source and any

major modification with respect to each pollutant subject to regulation under the CAA that it would emit,

except as 3.0 of this regulation otheruise provides.

3.7 .3 The requirements of 3.g through 3.15 of this regulation apply only to any major stationary source or major

modification that would be constructed in an area designated as attainment or unclassifiable.
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

13 3.7.4 The requirements of 3.8 through 3.15 of this regulation shall not apply to a particular major stationary

source or major modification, if:

3.7-4.1 The source or modification would be a nonprofit health or nonprofit educational institution, or a

major modification would occur at such an institution, and the governor requests that it be exempt

from those requirements; or

3.7 -4-2 The source or modification would be a major stationary source or major modification only if fugitive

emissions, to the extent quantifiable, are considered in calculating the potential to emit of the

stationary source or modification and the source does not belong to any of the following categories:

3.7.4.2.'l Coal cleaning ptants (with thermal dryers);

3.7.4.2.2 Kraft putp miils;

3.7.4.2.3 Portland cement plants;

3.7.4.2.4 Primary zinc smelters;

3.7.4.2.5 lron and steelmills;

3.7.4.2.6 Primary aluminum ore reduction plants;

3.7.4.2.7 Primary copper smelters;

3.7 -4.2.8 Municipal incinerators capable of charging more than 250 tons of refuse per day;

3.7.4.2.9 Hydrofluoric, sulfuric, or nitric acid plants;

3.7.4.2.10 Petroleum refineries;

3.7.4.2.11 Lime plants;

3.7.4.2.12 Phosphate rock processing plants;

3.7.4.2.13 Coke oven batteries:

3.7.4.2.14 Sulfur recovery plants;

3.7.4.2.15 Carbon btack plants (furnace process);

3.7.4.2.16 Primary lead smelters;

3.7.4.2.17 Fuel conversion plants;

3.7.4.2.18 Sintering ptants;

3.7.4.2.19 Secondary metal production plants;

3.7.4.2.20 Chemical process plants;

3'7 '4.2.21 Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units

per hour heat input:

3.7.4.2-22 Petroleum storage and transfer units with a total storage capacity exceeding 3O0,O0O barrels;

3.7.4.2.23 Taconite ore processing plants;

3.7.4.2.24 Glass fiber processing plants;

3.7.4.2.25 Charcoal production plants;

3.7.4.2'26 Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;

3.7.4.2'27 Any other stationary source category which, as of August 7, 1g80, is being regulated under section 111 or 112 of the CAA; or

3'7 '4.3 The source is a portable stationary source which has previously received a permit under 3.0 of this regulation, and,

3.7.4'3.1 The owner or operator proposal to relocate the source and emissions of the source at the new

location would be temporary; and

3.7.4-3.2 The emissions from the source would not exceed its allowable emissions; and

3'7 '4-3.3 The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and

3-7 -4.3.4 Reasonable notice is given to the Department prior to the relocation identifying the proposed

new location and the probable duration of operation at the new location. Such notice shall be
14

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DEIAWARE ADM INISTRATIVE CODE

given to the Department not less than 10 days in advance of the proposed relocation unless a

different time duration is previously approved by the Department'

3.7 .S The requirements of 3.8 through 3.15 of this regulation shall not apply to a major stationary source or major

modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that

pollutant, the source or modification is located in an area designated as non-attainment.

3.7.6 The requirements of 3.9, 3.1 1, and 3.13 of this regulation shall not apply to a major stationary source or

major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the

sou169, or the net emissions increase of that pollutant from the modification:

3.7.6.1 Would impact no Class I area and no area where an applicable increment is known to be violated,

and

3.7.6.2 Would be temPorary.

3.7.T The Department may exempt a stationary source or modification from the requirements of 3.11 of this

regulation with respect to monitoring for a particular pollutant if:

3.7.1.1 The emissions increase of the pollutant from the new source or the net emissions increase of the

pollutant from the modification would cause, in any area, air quality impacts less than the following

amounts:

Carbon monoxide: 575 ug/m3, eight-hour average;

Nitrogen dioxide: 14 ug/m3, annualaverage;

Totalsuspended particulate: 10 ug/m3, 24-hour average;

Sulfurdioxide: 13 ug/m3, 24-hour average;

Ozone: (See Note 1)

Lead: 0.1 ug/m3, 3-month average;

Mercury: 0.25 ug/m3, 24-hour average;

Beryllium: 0.0005 ug/m3, 24-hour average;

Ffuorides: 0.25 ug/m3, 24-hour average;

Vinyf chloride: 15 ug/m3,24-hour average;

Total reduced sulfur: 10 ug/m3, one-hour average;

Hydrogen sulfide: 0.04 ug/m3, one-ho^ur average;

Reduced sulfur compounds: 10 ug/m", one-hour average;

PMro particulate: 10 ug/m3, 24-hour average

PM2.5:4 pg/mt, 24-hour average

[Note 1: No de minimus air quality level is provided for ozone. However, any net increase of

i OO tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD

would be required to perform an ambient impact analysis including the gathering of

ambient air qualitY data.l

3.7.7.2 The concentrations of the pollutant in the area that the source or modification would affect are less

than the concentrations listed in 3.7.7.'l of this regulation, or the pollutant is not listed in 3-7.7.1 of

this regulation.

3.8 ControlTechnologYReview

3.g.1 A major stationary source or major modification shall meet each applicable emissions limitation of the State

of Delaware's Air Pollution Control Regulations.

3.g.2 A new major stationary source shall apply best available control technology for each pollutant subject to

regulation under the CM tnat it would have the potential to emit in significant amounts.

3.g.3 A major modification shall apply best available control technology for each pollutant subject to regulation

under the CAA for which it would result in a significant net emissions increase at the source. This

requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant

would occur as a result of a physical change or change in the method of operation in the unit.
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DEIAWARE ADMINISTRATIVE CODE

15 3.8.4 For phase construction projects, the determination of best available control technology shall be reviewed

and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to

commencement of construction of each independent phase of the project. At such time, the owner or

operator of the applicable stationary source may be required to demonstrate the adequacy of any previous

determination of best available control technology for the source.

3.9 Source lmpact Analysis.

3.9.1 The owner or operator of the proposed source or modification shall demonstrate that allowable emission

increases from the proposed source or modification, in conjunction with all other applicable emissions

increases or reductions (including secondary emissions), would not cause or contribute to air pollution in

violation of:

* Any national ambient air quality standard in any air quality control region; or * Any applicable maximum allowable increase over the baseline concentration in any area.

3.9-2 The demonstration required in 3.9.1 will be deemed to have been made if the emissions increase from the

new stationary source alone or the modification alone would cause, in all areas, air quality impacts less than

the following significant impact levels;

Significant lmpact Level

Pollutant

PMz.s

Averaging Time

Annual

24-hour

Class I

0.06

0.07

Class ll

0.3

1.2

Class lll

0.3

1.2

3.10 Air Quality Models.

3.10.1 All estimates of ambient concentrations required under 3.0 of this regulation shall be based on the

applicable air quality models, databases, and other requirements specified in the "Guideline on Air euality Models" (OA-QPS 1.2-080, U.S. Environmental Protection Agency, Office of Air Quality planning and

Standards, Research Triangle Park, N.C. 27711, April, 1978 or its subsequent revisions). T'his document is incorporated by reference.

3.10.2 When an air quality impact model specified in the "Guideline on Air Quality Models" is inappropriate, the

model may be modified or another model substituted. Such a change must be subject to ine notice and

opportunity for public comment under 3.15 of this regulation. Written approval of the Department must be obtained for any modification or substitution. Methods like those outlined in the 'Workbook for the Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of Air euality planning

and Standards, Research Triangle Park, N.C. 17711, May, 1978 orlts subsequent revisions) should be used to determine the comparability of air quality models.

3.11 Air Quality Analysis

3.11.1 Preapplication Analysis.

3.11.1.1 Any application for a permit under 3.0 of this regulation shall contain an analysis of ambient air

quality in the area that the major stationary source or major modification would aifect for each of the

following pollutants:

3-11-'1.1-1 For the source, each pollutant that it would have the potential to emit in a significant amount;

3.11.1.1-2 For the modification, each pollutant for whlch it would result in a significant net emissions

Increase.

3.11-1-2 With respect to any such pollutant for which no NationalAmbient Air Quality Standard exists, the

analysis shall contain such air quality monitoring data as the Department deiermines is necessary

to.assess ambient air quality for that pollutant in any area that the emissions of that pollutant would

affect.

3'11'1.3 With respect to any such pollutant (other than non-methane hydrocarbons) for which such a

standard does exist, the analysis shall contain continuous air quality monitoring data gathered for
16

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DETAWARE ADM INISTRATIVE CODE

purposes of determining whether emissions of that pollutant would cause or contribute to a violation

of the standard or any maximum allowable increase.

In general, the continuous air quality monitoring data that is required shall have been gathered over

a period of at least one year and shall represent at least the year preceding receipt of the

application, except that, if the Department determines that a complete and adequate analysis can

be accomplished with monitoring data gathered over a period shorter than one year (but not to be

less than four months), the data that is required shall have been gathered over at least that shorter

period.

The owner or operator of a proposed stationary source or modification of volatile organic

compounds or nitrogen oxides who satisfies all of the following conditions may provide

post-approval monitoring data for ozone in lieu of providing preconstruction data as required under

3.1'1.1 of this regulation.

Condition 1: The new source is required to meet an emission limitation which specifies the

lowest achievable emission rate for such source.

Condition 2: The applicant must certify that all existing major sources owned or operated by the

applicant (or any entity controlling, controlled by, or under common control with the applicant) in

Delaware are in compliance with all applicable emission limitations and standards under the

CAA (or are in compliance with an expeditious schedule approved by the Department).

Gondition 3: Emission reductions ("offsets") from existing sources in the area of the proposed

source (whether or not under the same ownership) are required such that there will be

reasonable progress toward attainment of the applicable NAAQS. Only intrapollutant emission

offsets will be acceptable (e.g., hydrocarbon increases may not be offset against SO2

(reductions)).

Condition 4: The emission offsets will provide a positive net air quality benefit in the affected

area (see 40 CFR Part 51 App S). Atmospheric simulation modeling is not necessary for

volatile organic compounds and NOr. Fulfillment of Condition 3 will be considered adequate to

meet this condition for volatile organic compounds and NO"'

3.11.2 post-construction monitoring. The owner or operator of a major stationary source or major modification

shall, after construction of the stationary source or modification conduct such ambient monitoring as the

Department determines is necessary to determine the effect emissions from the stationary source or

modification may have, or are having, on air quality in any area'

3.11.3 Operations of monitoring stations. The owner or operator of a major stationary source or major modification

shall meet the euality Aisurance Requirements for PSD Air Monitoring as preapproved by the Department

during the operation bf monitoring stations for purposes of satisfying 3.11 of this regulation.

3.12 Source lnformation. The owner or operator of proposed source or modification shall submit all information

necessary to perform any analysis or make any determination required under 3.0 of this regulation.

3.12.1 with respect to a source or modification to which 3.9, 3.11, and 3.13 of this regulation apply, such

information shall include but not be limited to:

3.12.1.1 A description of the nature, location, design capacity and typical operating schedule of the source

or modification, including specifications and drawings showing its design and plant layout;

A detailed schedule for construction of the source or modification;

A detailed description as to what system of continuous emission reduction is planned for the source

or modification, emission estimates, and any other information necessary to determine that best

available control technology would be applied'

3.12.2 Upon request of the Department, the owner or operator shall also provide information on:

3.12.2.1 The air quality impact of the source or modification, including meteorological and topographical

data necessary to estimate such impact; and

g.j2.2.2 The air quality impacts, and the nature and extent of any or all general commercial, residential,

industriai and other growth which has occurred since August7,1977 or the applicable baseline

date or dates, in the area the source or modification would affect.

3.11.1.4

3.1 1.1.5

3.12.1.2

3.12.1.3
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADMIN ISTRATIVE CODE

17 3.13 Additional lmpact Analyses.

3.13.1 The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that

would occur as a result of the source or modification and general commercial, residential, industrial and

other groMh associated with the source or modification. The owner or operator need not provide an

analysis of the impact on vegetation having no significant commercial or recreational value.

3.13.2 The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of

general commercial, residential, industrial and other growth associated with the source or modification. 3.14 PublicParticipation

3.14.'l Within 30 days after receipt of an application to construct, or any addition to such application, the

Department shall advise the applicant of any deficiency in the application or in the information submitted. ln

the event of such a deficiency, the date of receipt of the application shall be, for the purpose of 3.0 of this

regulation, the date on which the Department received all required information.

3.14.2 Within one year after receipt of a complete application, the Department shall make a final determination on

the application. This involves performing the following actions in a timely manner:

3.14.2.1 Make a preliminary determination whether construction should be approved,

conditions, or disapproved.

3.14.2.2 Make available a copy of all materials the applicant submitted, a copy of

determination, and a copy or summary of other materials, if any, considered

preliminary determination.

3-14.2.3 Notify the public, by advertisement in a newspaperof generalcirculation in each region in which the proposed source or modification would be constructed, of the application, the preliminary

determination, the degree of increment consumption that is expected from the source or

modification, and the opportunity for comment at public hearing as well as written public comment.

3.14-2-4 Send a copy of the notice of public comment to the applicant and to officials and agencies having

cognizance over the location where the proposed construction would occur as foliows: the chief

executives of the city and county where the source or modification would be located and any

comprehensive regional land use planning agency whose lands may be affected by emissions from

the' source or modification. Additionally, if the proposed source would have significant interstate

impact, the Governor of that impacted state would be notified.

3.14.2.5 Provide opportunity for a public hearing for interested persons to appear and submit written or oral

comments on the air quality impact of the source or modification, alternatives to the source or

modification, the control technology required, and other appropriate considerations.

3.14.2.6 Consider all written comments submitted within a time specified in the notice of public comment

and all comments received at any public hearing or hearings in making a final decision on the

approvability of the application. No later than 10 days after the close of the public comment period,

the applicant may submit a written response to any comments submitted by the public. The

Department shall consider the applicant's response in making a final decision. The bepartment

shall make all comments available for public inspection in the same locations where the

Department made available preconstruction information relating to the proposed source or

modification.

3.'14.2.7 Make a final determination whether construction should be approved, approved with conditions. or

disapproved pursuant to 3.0 of this regulation.

3.'14-2.8 Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the Department made available preconstruction

information and public comments relating to the souice or modification.

3.15 SourceObligation.

3-15.1 Any owner or operator who constructs or operates a source or modification not in accordance with the

application submitted pursuant to 3.0 of this regulation or with the terms of any approval to construct, or any

owner or operator of a source or modification subject to 3.0 of this regulation who commences construction

approved with

the preliminary

in making the
18

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

after the effective date of these regulations without applying for and receiving approval hereunder, shall be

subject to appropriate enforcement action.

3.15.2 Approval to construct shall become invalid if construction is not commenced within 18 months after receipt

oi such approval, if construction is discontinued for a period of 18 months or more, or if construction is not

completed within a reasonable time. The Department may extend the 18-month period upon a satisfactory

showing that an extension is justified. This provision does not apply to the time period between

constructions of the approved phases of a phased construction project; each phase must commence

construction within 18 months of the projected and approved commencement date.

3.15.3 Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with

applicable provisions of any other requirements under local or Federal law

3.15.4 At such time that a particular source or modification becomes a major stationary source or major

modification solely by virtue of a relaxation in any enforceable limitation which was established after August

7, 1g80 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on

hours of operation, then the requirements of 3.8 through 3.15 of this regulation shall apply to the source or

modification as though construction had not yet commenced on the source or modification.

3.16 InnovativeControl Technology.

3.16.1 An owner or operator of a proposed major stationary source or major modification may request the

Department in writing no later than 30 days after the close of the public comment hearing to approve a

system of innovative control technology.

3.16.2 The Department shall, with the consent of the Govemor of Delaware, determine that the source or

modification may employ a system of innovative controltechnology, if:

3.16.2.1 The proposed control system would not cause or contribute to an unreasonable risk to public

health, welfare, or safety in its operation or function;

3.16.2.2 The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to

that which would have been required under 3.8.2 of this regulation by a date specified by the

Department. Such date shall not be later than four years from the time of startup or seven years

from Permit issuance;

3.16.2.3 The source or modification would meet the requirements of 3.8 and 3.9 of this regulation based on

the emissions rate that the stationary source employing the system of innovative controltechnology

would be required to meet on the date specified by the Department;

3.16.2.4 The source or modification would not be before the date specified by the Department:

3.16.2.4.1 Cause or contribute to a violation of an applicable national ambient air quality standard; or

3.16.2.4.2 lmpact any Class I area; or

3.16.2.4.3 lmpact any area where an applicable increment is known to be violated, and

3.16.2.5 All other applicable requirements including those for public participation have been met'

3.16.3 The Department shall withdraw any approval to employ a system of innovative control technology made

under 3.0 of this regulation, if:

3.16.3.1 The proposed system fails before the specified date to achieve the required continuous emissions

reduction rate; or

3.16.3.2 The proposed system fails before the specified date so as to contribute to an unreasonable risk to

public health, welfare, or safety; or

3.16.3.3 The Department decides at any time that the proposed system is unlikely to achieve the required

level of control or to protect the public health, welfare, or safety.

3.16.4 lf a source or modification fails to meet the required level of continuous emission reduction within the

specified time period or the approval is withdrawn in accordance with 3.16.3 of this regulation, the

Department may allow the source or modification up to an additional three years to meet the requirement for

the application of best available control technology through use of a demonstrated system of control.

{3 DE Reg. 1345 (04/01/10)

15 DE Reg. 1169 (02t01t121
TITTE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DEIAWARE ADMINISTRATIVE CODE

19

ogt11t2005

4.0 Minor New Source Review (MNSR)

4.1 Applicability. The requirements of 4.3 of this regulation shall apply to any person responsibte for any proposed

new stationary source, the construction of which:

4.1.1 was applied for, pursuant to 11.0 of 7 DE Admin. Code 1 102, after August 11, 2005 and

4.1.2 is subject to the construction, installation, or alteration requirements of 2.1.3 of 7 DE Admin. Code 1 102.

and

4.1.3 is not subject to the requirements of 2.0 or 3.0 of this regulation, and

4.'1.4 has a potential to emit of equal to or greater than five tons per year of volatile organic compounds (VOC's)

or, nitrogen oxides (NO,), or sulfur dioxide (SOz) or sulfur trioxide (SOs) or both [also termed sulfur oxides

(SO,)] or, fine particulate matter (PMz.s), or, the potential to emit of equal to or greater than five tone per

year, in the aggregate, of any of the hazardous air pollutants (HAP's) listed in Section 112(b) of the federal

Clean AirAct.

4.1.5 Reserved.

4.2 Record keeping. Any person exempted from the requirements of 4.3 of this regulation because the proposed

source has emissions below the thresholds provided for in 4.1.4 of this regulation shall include with the

application submitted pursuant to 11.1 of 7 DE Admin. Code 1102, documentation that shows the proposed

source is exempted.

4.3 Conditions for Approval. Any person subject to the provisions of 4.3 of this regulation shall meet the appropriate

requirements ot 4.3.1 and 4.3.2 of this regulation:

4.3.1 The new stationary source shall, relative to each pollutant identified in 4.1.4 of this regulation, be controlled

by installing and operating emission control technology that limits emissions to the atmosphere by utilizing

any one of the following options listed below. The Department will assist in the development of appropriate

emission controltechnology determinations if requested by the applicant.

4'3.1.'l Emission control technology that meets the LAER requirements of 2.0 of this regulation, or 4-3.1.2 Emission control technology that meets the BACT requirements of 3.0 of this regulation, or 4-3.1.3 Emission control technology approved in advance by the Department for the source type being

constructed (a listing and description of the approved technologies is available from the

Department), or

4-3-1-4 Emission controltechnology approved by the Department, on a case-by-case basis, pursuant to

the following process:

4-3.1-4.1 ldentify and evaluate air pollution control technologies that may be applied to the source. The

control alternatives need not be limited to existing controls for the source category. Consider

controls applied to similar type of souroes, innovative control technologies, modification of the

process or process equipment, other pollution prevention measures, and combinations of

these measures.

4-3.1-4.2 List the control technologies identified in 4.3.1.4.1 of this regulation in descending order of air

pollution control effectiveness.

4.3-1-4.3 Either propose the most effective technology on the list generated under 4.3.1.4.2 of this

regulation for approval by the Department, or demonstrate, based on the criteria in 4.3.1.4.3.1

through 4.3.1.4.3.4 of this regulation below, that the most effective technology is infeasible or

unreasonable. This process for evaluation shall be repeated relative to each emission control

technology on the list generated under 4.3.'1.4.2 of this regulation until an emission control

technology is reached that is not eliminated.

4.3.1.4.3.1 Technological Feasibility Assessment: A demonstration that the control technology is

technically infeasible, based on physical, chemical, or engineering principles, that it is

unproven technology, or that technical difficulties would prevent its successful application, or
20

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

4.3.1.4.3.2 Environmental lmpacts Assessment: A demonstration that the control technology should

be eliminated from consideration based on its environmental impacts. The demonstration must

show that the adverse environmental effects of the control technology (for example, effects on

water or land, HAP emissions, or increased environmental hazards), when compared with its

air contaminant emission reduction benefits, would make use of the technology unreasonable,

or

4.3.1.4.3.3 Economic lmpacts Assessment A demonstration that the technology should be eliminated

from consideration based on its calculated economic impacts using the techniques in the latest

edition of EPA's Control Cost Manual. The justification must show that the total and incremental

costs of the control technology are greater than the total and incremental costs of the next less

effective technology on the list generated under 4.3.1.4.2; and that the extra costs, when

compared with the air contaminant emission reduction benefits resulting from the control

technology, would make that measure unreasonable, or

4.3.1.4.3.4 Energy lmpacts Assessment: A demonstration that the control technology should be

eliminated from consideration based on its energy impacts. The demonstration must show that

this technology uses fuels that are not reliably available; or that the energy consumed by this

technology is greater than the proposed technology or technologies, and that the extra energy

used, when compared with the air contaminant emission reduction benefits resulting from this

technology, would make use of this technology unreasonable.

4.3.2 All of the following information shall be submitted to the Department as part of the application submitted to

the Department pursuant to 11 .1 of 7 DE Admin. Code 1102:

4.3.2.1 Control technology proposed to be installed and operated to meet the requirements of 4.3.1 of this

regulation, and

4.3.2.2 The list, if this method was chosen, generated pursuant to 4.3.1 .4.2 of this regulation and

4.3.2.3 Any demonstration or demonstrations performed pursuant to 4.3.1.4.3 of this regulation.

2 DE Reg.2148 (05/01/99)

9 DE Reg.246 (08/01/05)

12 DE Reg. 347 (09/01108)

14oE Reg. 1207 (05/01/11)

15 DE Reg. 1169 (02t011121
OFFTCE oF THE

S Ec R ETARY

STATE oF DELAWARE

DEPARTMENT oF NeTuRaI REsoURcEs

AND ENVIRONMENTAL CONTROL

89 KINGs HIGHWAY

DovER, DELAWARE t 99Ot

PsoNe: (3O2) 799-9OOO

FAx: (3O2) 799-6242

Secretary's Order No.: 2012-4-0025

RE: Approving Final Regulations to Amend 7 DE Admin. code llzs,

Req uirements for Preconstr uction Review, Sections 1.9 (,,Defi nitionsr')

Date oflssuance: July 1612AI2

Effective Date of the Amendment: August llr2012

Under the authority vested in the Secretary of the Department of Natural

Resources and Environmental control ("Department,, or ..DNREC,,) the following

findings, reasons and conclusions are entered as an order of the Secretary in the abovereferenced rulemaking proceeding.

Background and procedural History

This order considers proposed revised regulations to amend 7 DE Admin. Code

1t25,

Department's Division of Air Quality corrunenced the regulatory development process

with Start Action Notice 2012-05. The Department published its initial proposed

regulation Amendments in the June l, 2012 Delaware Register of Regulations,and held a

public hearing on June 25,2012. It should be noted that public comment was received

from the Delaware Solid waste Authority by the Department with regard to this proposed

promulgation, and the Department provided a very thorough and detailed response to the

same.

De/arltaie'a Enod, Tnrtlrre dzrp*c4dt ae ?ae/
The proposed revised amendments to 7 DE Admin. Code 1125 will clarifu that a

major source for any pollutant subject to regulation under the Clean Air Act ("CAA") is

Subject to Prevention of Significant Deterioration ("PSD') review for all polluttrnts

emitted at greater than the significance level. Without this clarification, the U.S- EPA

will be unable to approve Delaware's State Implementation Plan ("SIP")'s November 10,

2010 revision. Additionally, the Department seeks to correct (1) existing clerical errors

contained within the proposed rule language as set forth in the June 1,2012 edition of the

Delaware Register of Regulations; and (2) an additional typographical error contained

within the current version of this regulation.

The Department's presiding hearing offtcer, Lisa A. Vest, prepared a Hearing

Officer's Report dated July 7, 2012 (Report). The Report recommends certain findings

and the adoption of the proposed revised Amendments as attached to the Report as

Appendix A.

Findings and Discussion

I find that the proposed revised Amendments are well-supported by the record

developed by the Department, and I adopt the Report to the extent it is consistent with

this Order. The Department's experts developed the record and drafted the proposed

Amendments. I find that the Department's experts in the Division of Air Quality fully

developed the record to support adoption of these revised Amendments' With the

adoption of this Order, Delaware will (l) clarifu that a major source for any pollutant

subject to regulation under the Clean Air Act ("CAA"; is subject to Prevention of

Significant Deterioration ("PSD") review for all pollutants emitted at greater than the

significance level; and (2) correct both existing clerical enors contained within the

2
proposed rule language as set forth in the June 1,2012 edition of the Delaware Register

of Regulations, as well as one additional fypographical error contained within the current

version of this regulation.

In conclusion, the following findings and conclusions are entered:

l.) The Department has jurisdiction under its statutory authority to issue an

Order adopting these proposed Amendments as final;

2.) The Department provided adequate public notice of the proposed

Amendments, and provided the public with an adequate opportunity to comment on the

proposed Amendments, including at the public hearing held on June 25, 2012;

3-) The Department held a public hearing on June 25, 2012 in order to

consider public comment before making any final decision;

4.) The Department's Hearing Officer's Report, including its recommended

record and the recommended revised Amendments, as set forth in Appendix A, are

adopted to provide additional reasons and findings for this order;

5.) The recommended revised Amendments should be adopted as final

regulation Amendments because Delaware will be able to (1) clarify that a major source

for any pollutant subject to regulation under the Clean Air Act ("CAA,') is subject to

Prevention of Significant Deterioration ("PSD") review for all pollutants emitted at

greater than the significance level; (2) conect both existing clerical errors contained

within the proposed rule language as set forth in the June l,2}l2edition of the Delaware

Register of Regulations, as well as one additional typographical error contained within

the current version of this regulation.l md, lastly, because (3) the amendments are well

supported by documents in the record:

3
6.) Moreover, promulgation of the proposed revised amendments to 7 DE

Admin. Code 1125 will further enable the U.S. EPA to approve Delaware's State

'Iniplementation Pla.n ('SIP"| s November 10,2010 revision.

7.) The Department shall submit this Order approving the final revised

regulation to the Delsware Register of Regulations for publication in its next available

issue, and provide such other notice as the law and regulation require and the Department

determines is appropriate.

Collin P. O'Mara

Secretary

4

Aheai Reg. I125, Sect 1.9, amendmts.ORD
I {i* ci\,rrr,'f A

Before me, a Notary Public, for the county and state aforesaid, Edward Dulin, known

to me to be Such, who being sworn according to law deposes and says that he is

president of lndependent Newspapers, Inc. / Delmarva, the publisher of rhe Delaware

State News, a daily newspaper published at Dover, County of Kent' and State of

RoEpEnDEItr itE$I$pApER$, I[tE.

P O. Box7001 . Dover, Delaware . 19903 . 1-800-282-8586

State of Delaware:

County of Kent:

Delaware, and that the notice, a coPY

Delaware State News in its issue of

President

Independent Newspapers, Inc. / Delmarva

Sworn to and subscri

a/LLJ^

before me this CUT1

4r't ,': A.D. dU lelNotary P

Day of

tryq*Jif,'E'Elry

Street Address.

V5U West bosrn Kood

New Costle, Dt 19720

Moiling Address:

PC Box I 5505

Wilmington, DE 19850

1302J 324 2s00

(800)23s 9l0o

Fox Numbers.

Accounrrng 324 2554

Circulotion: 324'2945

Clossified 324 55.ll

Hurron Re:cr-rrces 324 2Y8

lnfo Systems: 324 2969

Morkeiing: 324'2557

News 324-5509

Retoil 324-5518

4oarst*

szffi:l$I|lE !*+ ttr nsf,0Trcc ul.rrfFs|n

jf ri

l-J -1- | ti r l'tr,i.r'r{ 6

T:),:::J::::*ffi1

Legal Desk 302-324-2676

Legal Fax 302-324-2249

AFFIDAVIT OF PUBLICATION

Personally appeared before me this 21"t day of May, 2012.

l, Kristin Segner, of The News Journal Company, a daily newspaper printed and published

in the County of New Castle County, State of Delaware, who, being duly sworn states that

the advertisement of S/D DNREC Division of Air Qualitv - Leqal Notice - Public Hearinq

612512012

was published in The News Journal on May 20.2012

Legal Coordinator

Title

Sworn to before me this 21"' dav of Mav.2A12

Wanda James

Notary Publtc

State of Delaware

Commission exPires | 1A212012

Irn€restod parties may submit commonts itr

Notary

am€nomenl atso may u

tfica: Ploase call Dairid

,102 to scfi€dule an appc

am€ndments in Dovsr at

this proposed amendm€nt durinE lhe commenl psiiod.

which will exlend through Juh€ @, 2012, or a lonipr peiod it so q€signated bV tho hearing otfic€r at lh€ public

ll€attng. Abbmgnta and l€€fi{boit also may be prarssnted €ither orally or in writing al.th6 Jun6 25, 2012 public

hearing. ll is requested that those int6r6sbd in pr6senting stat€msnts at the public hearing r€gietei in advanc€, ahd that written statemenls and comments b€ addross€d to

ffi

Srnre or DrrnwRne

DepenrueHr or NRrunnl RrsouRces

& EruvrnorueNrru CoxrRol

DrvrsroN oF ArR Qunltrv

655 S. Bay Road, Suite 5N

Doven, Denwnne 19901

CERTIFICATION

Julv 24-2012

Telephone: (302) 739 - %02

Fax No.: (302) 739 - 3106

Printed on

Recycled Paper

I hereby certiff that a public hearing was held June 25, 2012, on a revision to the State of Delaware State

Implementation Plan. The revision amends 7 DE Admin. Code ll25 - REQUIREMENTS FOR

PRECONSTRUCTION REVIEW. This SIP revision supplements the revisions submitted to EPA on

October 12,201I that revised Delaware's Prevention of Significant Deterioration (PSD) permitting

regulations to include greenhouse gas (GHG) pollutants pursuant to 75 FR 31514, Prevention of

Significant Deterioration and Title V Greenhouse Gas Tailoring Rule, dated June 3, 2010. This

supplement includes an amendment to the definition of the term "Subject to Regulation" found at 7

DE Admin Code 1125, Section 1.9. The effective date of this amendment is August 11,2012.

I further certify that the hearing was held in accordance with the notice required by Subsection

51.102 of 40 CFR 51.

Director

Division of Air Quality

9 "ft rr.rr-L g-./' rtfrrrr* &ft,la' o* Xut

TO:

FROM:

RE:

DATE:

MEMORANDUM

-T+e flonorabls€o$in ?; O'Mara

cabinet Secretary, Dept. of Natural Resources and Environmental control

Lisa A. Vest

Public Hearing Officer, Office ofthe Secretary

Department of Natural Resources and Environmental control

Proposed Amendments to 7 DE Admin. code il25, Requirements for

Preconstruction Review: Sections I .9 (..Definitions')

July 7,2012

I. Background:

A public hearing was held on Monday, June 25, 2012, at 6:00

Department of Natural Resources and Environmental control

"Department"), 89 Kings Highway, Dover, Delaware to receive comment

p.m. at the

("DNREC",

on proposed

amendments to 7 DE Admin. Code 1125.

Sections 1.9 ("Definitions"). These amendments will clarify that a major source for any

pollutant subject to regulation under the Clean Air Act ("CAA") is subject to prevention

of Significant Deterioration ("PSD") review for all pollutants emitted at greater than the

significance level. Without this clarification, the U.S. EpA will be unable to approve

Delaware's state Implementation Plan ("sIP")'s November 10, 2010 revision.

Additionally, the Department seeks to correct (l) existing clerical enors contained within

the proposed rule language as set forth in the June l, 2012 edition of the Delaware

Register of Regulations; and (2) u, additional typographical error contained within the

current version of this regulation.
As noted above, the Department held a public hearing to receive comment on this

proposed promulgation on Monday, June 25, 2012. Comment was received by the

Department concerningthis matter at thelimgofthepubtic heaing, afid tlre same will be

addressed below. Proper notice of the hearing was provided as required by law.

il. Summarv of Hearing Record:

At the time of the hearing on June 25,2012, Gene Pettingill, an Environmental

Engineer in the Planning Branch of the Department's Division of Air Quality ("DAQ")

offered the Department's eight (8) exhibits pertaining to these proposed amendments, and

this Hearing Officer entered them into the formal hearing record developed in this matter.

Included within those Departmental exhibits were copies of the Start Action Notices for

this promulgation, copies of the legal notices regarding the holding of this public hearing

on June 25,2012, and copies of the actual proposed amendments to the aforementioned

affected sections of 7 DE Admin. Code I125.

Mr. Pettingill then offered a brief summary regarding this proposed promulgation.

In December of 2009, EPA issued Federal Rule 74 FR 66496, "Endangerment and Cause

or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air

Act", which opened the way to establishing a rule regulating emissions of greenhouse

gases, or GHG, from motor vehicles. On May !0,2010, the federal light-duty vehicle

rule, 75 FF.25324,was published regulating fuel economy and GHG emissions. Based

upon this action, GHG became subject to regulation under the CAA, on January 2,2011'

EpA's final rule, "prevention of Significant Deterioration and Title V Greenhouse Gas

Tailoring Rule,'75 FR 31514 was published June 3,2010. Delaware was in a position to

regulate GHG but decided to make several regulation revisions for clarity and to add the

2
new threshold emission levels. This Delaware action was finalized in a hearing on

November 10,2010.

Whenprocessing the resultantrevisiontotheDelawarestatelmplementation plzrn

(SIP), EPA determined the definition used for "subject to Regulation" could be read to

provide that Prevention of Significant Deterioration (PSD) review is required only for

pollutants that are emitted in major amounts (100 tons per year or more), which is

incorrect. Thus, this proposed revision will clariff that a major source for any pollutant

subject to regulation under the CAA is subject to PSD review for all pollutants emitted at

greater than the significance level. Again, without this clarification, EpA will be unable

to approve the November 10, 2010 SIP revision.

In addition to the above revision, the Department noticed that when this proposed

rule was published in the Delaware Register of Regulations on June l, 21lz,there was a

typographical error found in the published rule language. Under (a) in the definition for

"Subject to Regulation", the acronym "GHG" was eroneously omitted. The underlined

text in the published proposed rule states, ,,

the cAA that is not...". That specific section of text should read,,@

... 

". It should be noted that this statement is

shown correctly on the Department's Division of Air euality website, and that the

Department has shown the correction to this rule language in the final propo sed, revised

regulation amendments presented at the public hearing held on June 25, 2012.

Lastly, Mr. Pettingill noted that, in a previous promulgation of certain revisions to

Regulation 1125, the addition of a nitrogen dioxide increment in the table under

"Ambient Air Increments for Class I Areas" was incorrectly presented as 25 micrograms

3
per cubic meter, and should have been 2.5 micrograms per cubic meter. The Department

seeks to correct this typographical error at this time, and thus this correction was also

- -r€'fiecfiedin rn-ofrnatproposetregulation arnendrnentspresentedallhepubtic *rearing of

June 25, 2012.

Following the Department's presentation at the public hearing, written comment

was submitted by the Delaware Solid Waste Authority ("DSWA"). DSWA proposed

that, in addition to the revisions being proposed by the Department, 7 DE Admin. Code

ll25 also be revised at this time to incorporate EPA's Biogenic Deferral ("the deferral"),

which was finalized by the EPA on July 20,20L1 (see 76 FR 43490). After considerable

intemal discussion and review of the federal deferral rule and discussion with EPA, the

Department's Division of Air Quality agrees with the DSWA that it should propose to

incorporate the deferral language into 7 DE Admin' Code 1125. However, the

Department does not believe that this change can be made at this time, due to the fact that

(l) the change is not gemane to the proposed revisions being made at this time; and (2)

such change has not been subject to the required opportunity for public review and

comment.

Since the Department received no adverse comment relative to the

aforementioned proposed revisions to 7 DE Admin. Code 1125, it now seeks to proceed

with this present promulgation as referenced above at this time' Then, as a future

separate action, the Department's Division of Air Quality will begin the process to

propose incorporation of the defenal rule into 7 DE, Admin. Code 1125. Should this

promulgation go forward at this time as proposed, the Department will advise DSWA of

4
its response to their comment as noted above, and will suggest a reasonable rule making

schedule with regard to adoption of this deferral rule.

For the Secretary's review, and in order for the Secretary to gain a thorough

understanding of this proposed promulgation, copies of the above-referenced proposed

revised amendments are attached hereto as Appendix "A", and the same are expressly

incorporated into this Hearing Officer's Report.

It should be noted that the Department adhered to all appropriate Delaware

statutes and the regulatory development process in this matter, and that the Department

has met the required public notice obligations regarding these proposed amendments. It

should also be noted that the Department has reviewed this proposed promulgation in the

light of the Regulatory Flexibility Act, and believes the same to be lawful, feasible and

desirable, and that the recommendations as proposed should be applicable to all Delaware

citizens equally.

uI.

Based on the record developed in this matter, I conclude that the Department has

provided appropriate reasoning regarding the need for these proposed revised

amendments to 7 DE Admin. Code 1125.

Sections 1.9 ("Definitions"). I also recommend the adoption of the proposed revised

regulatory amendments, based upon the reasoning as set forth by the Department,s

Division of Air Quality. Accordingly, I recommend promulgation of these proposed

revised amendments in the customary manner provided by law.

5
2.

3.

4.

Further, I recommend the following findings:

l. The Department has jurisdiction under its statutory authority, 7 Del.C..

Chaper 60;-to mdre a determination in this proceeding;

The Department provided adequate public notice of the proceeding and the

public hearing in a manner required by the law and regulations;

The Department held a public hearing in a manner required by the law and

regulations;

The Department has reviewed these proposed revised amendments in the light

of the Regulatory Flexibility Act, and believes the same to be lawful, feasible

and desirable, and that the recommendations as proposed should be applicable

to all Delaware citizens equally;

The aforementioned proposed revised amendments to 7 DE Admin. Code

I125 will enable Delaware to do the following: (1) clariff that a major source

for any pollutant subject to regulation under the Clean Air Act ("CAA") is

subject to Prevention of Significant Deterioration ("PSD") review for all

pollutants emitted at greater than the significance level; and (2) correct both

existing clerical errors contained within the proposed rule language as set

forth in the June !, 2012 edition of the Delaware Register of Regulationso as

well as the one aforementioned additional typographical error contained

within the current version of this regulation;

Promulgation of the proposed revised amendments to 7 DE Admin. Code

1125 will further enable the U.S. EPA to approve Delaware's State

Implementation Plan ("SIP")'s November 10, 2010 revision;

5.

6.

6
The Department has an adequate record for its decision, and no further public

hearing is appropriate or necessary;

ln-e Department's proposed revised amendments to these regulations, as

published in the June 1, 2012 Delaware Register of Regulations and set forth

within Appendix "A" hereto, are adequately supported, not arbitrary or

capricious, and are consistent with the applicable laws and regulations.

consequently, they should be approved as a final regulation, which shall go

into effect ten days after their publication in the next available issue of the

Delaware Register of Regulations; and

The Department shall submit the proposed revised regulation amendments as

final to the Delaware Register of Regulations for publication in its next

available issue, and shall provide written notice to the persons affected by the

Order.

7.

8.

9.

7

A. VEST

lic Hearing Officer

/ahear/Reg. 1125, Scct 1.9 amendmcnts.2Ol2

APPENDIX OOAO'

TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM INISTRATIVE CODE

1100 Air Quality Management Section

1125 Requirements for Preconstruction Review

02/11/42

1.0 GeneralProvisions

1.1 Requirements of this regulation are in addition to any other requirements of the State of Delaware Regulations

Governing the Controlof Air pollution.

1-2 Any stationary source which will impact an attainment area or an unclassifiable area as designated by the U.S. Environmental Protection Agency (EPA) pursuantto Section 107 of the Clean AirActAmendments of 1990 (CAA), is subject to the provisions of 3.0 of this regulation, Prevention of Significant Deterioration (pSD). '1.3 Any stationary source which will impact a non-attainment area as designated by the EpA pursuant to Section

107 of the CAA is subject to 2.0 of this regulation, Emission Offset Provisions (EOp). 1.4 A source may be subject to PSD for one pollutant and to EOP for another pollutant, or may affect both attainment or unclassifiable areas and a non-attainment area for the same pollutant. 1.5 Any emission limitation represented by Lowest Achievable Emission Rate (LAER) may be imposed by the Department pursuant to regulations adopted under 2.0 of this regulation herein notwithsianding any emission limit specified elsewhere in 7 DE Admin. Gode '1100 RegulationJGoverning the Controt of Air Follution. '1.6 Any emission limitation represented by Best Available Control Technology (BACT) may be imposed by the Department pursuant to regulations adopted under 3.0 of this regulation hlrein notwithsianding any emission limit specified elsewhere in 7 DE Admin. Gode 1 100, Regulationi Governing the Control of Air-polution. 1'7 No stationary source shall be constructed unless the applicant can substantiate to the Department that the source will comply with any applicable emission limit or New Source Performance Standard or Emission Standard for aHazardous Air Pollutant as setforth in 7 DE Admin. Code 1100 Regulations Governing the Control of Air pollution.

1'8 Any stationary source that implements, for the purpose of gaining relief from 3.0 of this regulation, by any physical or operational limitation on the capacity of the source io emit a pollutant, including (but not timited to) air pollution control equipment and restrictions on hours of operation or on the type olr'amount of material combusted, stored, or processed, shall be treated as part of its design and the limitation or the effect it would have on emissions is enforceable, n_ot withstanding any emission timit specified elsewhere in 7 DE Admin. code 1100 Regulations Governing the Control or Air pottution. lf a source petitions the Department for relief from any resulting limitation described above, the source is subject to review under 2.0 and 3.b of this regulation

as though construction had not yet commenced on the source or modification. 1.9 Definitions - For the purposes of this regulation

"Actual Emissions" means the actual rate of emissions of a pollutant from an emission unit, as determined in accordance with the three subparagraphs below.

' In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a wo-yeai period which precedes the particular date and which is representative of normal source operation. The Department shall allow the use of a

different time period upon a determination that it is more representative of normal source operation. Actualemissions shall be calculated using the unit's actualoperating hours, production rates, and types of materials processed, stored, or combulted during the selected time period.

' The Department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

' For any emissions unit, which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

"Allowable Emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits, which restri[t the operating rate, or hours of operation, or both) and the most stringent of the following:
2

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

The applicable standards

. as set forth in 7 DE Admin. Code 1120 and 1121; j othei applicable Dlclaware state lmple-mentafon Plan emissions iimitations, inctuding those with a

future compliance date; or

. The emissions rate specified as an enforceable permit condition, including those with a future

compliance date.

"Baseline Area" means any intrastate area (and every part thereof) designated as attainment or

unclassifiable in which the major source or major modification establibhing the minor source baseline date

would construct or would have an air quality impact of the pollutant for which the baseline date is

established, as follows: equal to or greater than one pg/m' (annual average). for SO2, NO2, or PMle; or

equal to or greater than 0.3 pg/m" (annual average) for PM2.5.

. Area redesignations cannot intersect or be smaller than the area of impact of any major stationary

source or major modification which:

. Establishes a minor source baseline date, or

. ls subject to this regulation.

,,Baseline Concentration" means that ambient concentration level which exists in the baseline area at the

time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant

for which a minor source baseline date is established and shall include:

. The actual emissions representative of sources in existence on the applicable minor source baseline

date, except as listed under Exceptions below.

. The allowable emissions of major stationary sources which commenced construction before the major

source baseline date; but were not in operation by the applicable minor source baseline date.

Exceptions: The following will not be included in the baseline concentration and will affect the applicable

maximum allowable increase or increases:

. Actualemissions from any major stationary source on which construction commenced after the major

source baseline date; and

. Actual emissions increases and decreases at any stationary source occurring after the baseline date.

,,Begin Actual Gonstruction" means, in general, initiation of physicalon-site construction activities on an

emislions unit which are of a permanent nature. Such activities include, but are not limited to, installation of

building supports and foundations, laying underground pipework and construction of permanent storage

structuies. With respect to a change in method of operations, this term refers to those on-site activities other

than preparatory activities which mark the initiation of the change'

,,Best Avaitable control Technology (BAGT)" means an emissions limitation (including a visible

emission standard) based on the maximum degree of reduction for each pollutant subject to regulation

under CAA which would be emitted from any proposed major stationary source or major modification which

the Department, on a case-by-case basis, takes into account energy, environmental, and economic impacts

and other costs, determines is achievable for such source or modification through application of production

processes or available methods, systems, and techniques, including fuel cleaning or treatment or

innovative fuel combustion techniques for control of such pollutant. In no event shall application of best

available control technology result in emissions of any pollutant which would exceed the emissions allowed

by any applicable standard under 7 DE Admin. Code 1120 and 1121. lt the Department determines that

technological or economic limitations on the application of measurement methodology to a particular

emissionl unit would make the imposition of an emissions standard infeasible, a design, equipment, work

practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement

ior the appiication of best available control technology. Such standard shall, to the degree possible, set forth

the emissions reduction achievable by implementation of such design, equipment, work practice or

operation, and shall provide for compliance by means which achieve equivalent results.

.,Building, Structure, Facility, or Instatlation" means all of the pollutant-emitting activities which belong

to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are

under the control of the same person (or persons under common control). Potlutant-emitting activities shall

be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROT

DELAWARE ADM IN ISTRATIVE CODE

have the same first two digit code) as described in the Standard Industrial Classification Manual. 1972. :

amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and

OO3-0O5-0O176€;respectivety). For purposes of 2.0 of this regulation for VOC and NO, potMant emitting

activities, this definition shall apply only to the "Building, structure or Facility".

"Commence" as applied to construction of a major stationary source or major modification means that the

owner or operator has all necessary preconstruction approvals or permits and either has:

' Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be

completed within a reasonable time; or ' Entered into binding agreements or contractual obligations, which cannot be canceled or modified

without substantial loss to the owner or operator, to undertake a program of actual construction of the

source to be completed within a reasonable time.

"Complete" means, in reference to an application for a permit, that the application contains all of the

information necessary for processing the application.

"Gondensable Particulate Matter" means materialthat is vapor phase at stack conditions, but condenses

and/or reacts upon cooling and dilution in the ambient air to form solid or liquid PM immediately after

discharge from the stack. Note that all condensable PM is assumed to be in the pM2 5 size fraction.

"Construction" means any physical change or change in the method of operation (including

fabrication, erection, installation, demolition or modification of an emissions unit) which would result in I

change in actual emissions.

"Direct Particulate Mafter" means particles that enter the atmosphere as a direct emission from a stack or

an open source. Direct PM comprises two components: filterable PM and condensable pM. These two pM

components have no upper particle size limit.

"Direct PMz.s" means combined filterable PM25and condensable PM with an aerodynamicdiameter less

than or equal to 2.5 micrometers. These solid particles are emitted directly from an air emissions source or activity, or are the gaseous emissions or liquid droplets from an air emissions source or activity that condense to form PM at ambient temperatures. Direct PM2.5 emissions include elemental carbon, direcly emitted organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic particles (including but not limited to crustal material, metals, and sea salt).

"Emissions Unit" means any part of a stationary source which emits or would have the potential to emit

any pollutant subject to regulation under the CAA.

"Enforceable" means any standard, requirement, limitation or condition established by an applicable federal or state regulation or specified in a permit issued or order entered thereunder, or contained in a Slp approved by the Administrator of the U.S. Environmental Protection Agency (EpA), and which can be enforced by the Department and the Administrator of the EpA.

"Filterable PM" means particles that are emitted directly by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train.

"Fugitive Emissions" means those emissions which could not reasonably pass through a stack, chimney,

vent, or other functionally equivalent opening.

"Fixed capitalcost" means the capital needed to provide all the depreciable components.

"Greenhouse Gases (GHG)" means an air pollutant composed of an aggregate group of six greenhouse

gases; carbon dioxide (COe), nitrous oxide (NzO), methane (CH;), -hydrofluorocarbons 

(HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6). For the purposes of this regulation, the term CO2equivalent emissions (CO2e) shall represent an amount of GHG emitted, and shall be computed as follows;

' Multiply the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant

GHG by the gases associated globalwarming potentialas shown in Table 1-l of this regulation.

. Sum the resultant value for each gas to compute a tpy CO2e

Table 1-1

GLOBAL WARMI NG POTENTIALS
TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM TNISTRATIVE CODE

4

Name

Qarbon -dloxlde

Methane

Nitrous oxide

HFC-23

HFC-32

HFC-41

HFC-125

HFC-134

HFC-134a

HFC-143

HFC-143a

HFC-152

HFC-152a

HFC-161

HFC-227ea

HFC-236cb

HFC-236ea

HFC-236fa

HFC-245ca

HFC-245fa

HFC-365mfc

HFC-43-1Omee

Sulfur hexafluoride

CAS No. Chemicalformula

124-g8-9 COz

74-82-8 CHr

10024-97-2 NzO

7546-7 CHF3

75-10-5 CH2F2

593-53-3 CH3F

354-33-6 CzHFs

359-35-3 C2H2F4

811-97-2 CH2FCF3

430-€6-0 CzHsFg

42046-2 C2H3F3

624-724 CH2FCH2F

75-37-S CH3CHF2

35F3ffi CH3CH2F

431-89-0 CaHFT

677-56-5 CH2FCF2CF3

431-6F0 CHF2CHFCF3

690-39-1 CsHeFo

679-86-7 CsHsFs

460-73-'t CHFzCHzCFT

406-58-€ CH3CF2CH2CF3

13849542-8 CF3CFHCFHCF2CF3

2551424 SFo

75-73-0 CFr

76-1H CzFe

76-19-7 C.Fe

931-91-9 CsFo

355-25-9 CnFro

115-25-3 C+Fa

678-2O-2 CsFrz

355-42-9 CoF14

306-94-5 CroFra

Globalwarming potential (100 yr.)

1

21

310

"t1,700

650

150

2,800

1,000

1,300

300

3,800

53

140

12

2,900

1,340

1,370

6,300

560

1,030

794

1,300

23,900

6,500

9,200

7,000

17,340

7,000

8,700

7,500

7,400

7,500

PF C-1 4 (Perfluoromethane)

PFC-1 1 6 (Perfluoroethane)

P F C-2'l 8 ( Perfl uoroProPa ne)

PerfluorocycloProPane

PFC-3-1 -1 0 (Perfl uorobutane)

Perfluorocyclobutane

P F C4-'l -12 ( Perfl uoro Pentane)

PFC-s-'l-14

(Perfluorohexane)

PFC-9-1-18
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

5

' *lnnovative eontrol Technologf' rneaRs anfsystemof airpotfution control'that has not beeR adequalely

demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions

reduction than any control system in current practice or of achieving at least comparable reductions at lower

cost in terms of energy economics, or non-air quality environmental impacts.

"Lowest Achievable Emission Rate" (LAER) means the same as defined in 7 DE Admin. Code 1101 "Definitions and Administrative principles',.

"Major Modification"

' Major modification means any physical change or change in the method of operation of a major

stationary source that would result in a significant net emissions increase of any pollutant subject to

regulation under the CAA.

' Any net emissions increase that is significant for either volatile organic compounds or nitrogen oxides

shall be considered significant for ozone.

' A physical change or change in the method of operation shall not include:

. Routine maintenance, repair and replacement;

' Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the

Energy Supply and Environmental Coordination Act of 1974 (or any superseding legistatibny or Uy

reason of a natural gas curtailment plan pursuant to the Federal Power Act; ' Use of an alternative fuel by reason of an order or rule under Section 125 of the CM; ' Use of an alternative fuel at a steam-generating unit to the extent that the fuel is generated from

municipalsolid waste;

' Use of an alternative fuel or raw material by a stationary source which: ' The source was capable of accommodating before January 6, 1g75; unless such change would be prohibited under any previously issued permit condition which was estabtished after

. January6,1975;

' The source is approved to use under any previously issued PSD permit or under 3.0 of this regulation;

' An increase in the hours of operation or in the production rate, unless such change would be prohibited under any previously issued permit condition which was established aftei January 6, 1975;

. Any change in ownership at a stationary source.

"Major Source Baseline Date" means in the case of PMle and SOz, January 6, 1975; in the case of NO2, February B, 1988; and, in the case of pM2.5, October 20,2010.

"Major Stationary Source" - See 2.2 and 3.1 of this regulation.

"Minor Source Baseline Date',

' Minor Source Baseline date means the earliest date after August 7, 1977 in the case of pMls and Soz; after February 8, 1988 in the case of Noz; and, after october i0, 2011 inthe case of pM2 5, on wnicn tne first complete application is submitted by a major stationary source or major modification suO;ectio ine requirements of 3.0 of this regulation.

' The minor source baseline date is established for each pollutant for which increments or other equivalent measures have been established if: ' The area in which the proposed source or modification would construct is designated as attainment

or unclassifiable for the pollutant on the date of its complete application under i.0 of this regulation; and

ln the case of a major stationary source, the pollutant would be emifted in significant amounts, or, in the

case of a major modification, there would be a significant net emissions increale of the poltutant.

"Necessary Preconstruction Approvals or Permits" means those permits or approvals required under Delaware air quality control laws and regulations.

"Net Emissions Increase"

' Net emissions increase means the amount by which the sum of the following exceeds zero:
TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

Any increase in actual emissions from a particular physical change or change in method of

operation at a stationary source; and

Anyotherinereases and deereasesin aetualemissiensat-thesouree that are eonternpor-aneeus

with the particular change and are otherwise creditable.

. An increase or decrease in actual emissions is contemporaneous with the increase from the particular

:^"??"":H'lltff:::: 3:x;:;""truction on the particurar chanse commences; and

. The date that the increase from the particular change occurs.

. An increase or decrease in actual emissions is creditable only if the Department has not relied on it in

issuing a permit for the source under this regulation, which permit is in effect when the increase in actual

emissions from the particular change occurs.

. An increase or decrease in actual emissions of sulfur dioxide or particulate matter which occurs before

the applicable baseline date is creditable only if it is required to be considered in calculating the amount

of maximum allowable increases remaining available.

. An increase in actual emissions is creditable only to the extent that the new level of actual emissions

exceeds the old level. ' l oH:'n'H:1':1"ff:ini:"::?1':?'?#Ii",$:ff1":l'il,1o'" 

emissions, whichever is ,ower,

exceeds the new level of actual emissions;

. lt is enforceable at and after the time that actual construction on the particular change begins; and

. lt has approximately the same qualitative significance for public health and welfare as that

attributed to the increase from the particular change.

tt has not been adopted by the Department as a required reduction to be made part of the SIP or it

is not required by the Department pursuant to an existing requirement of the SlP.

. An increase that results from a physical change at a source occurs when the emissions unit on which

construction occurred becomes operational and begins to emit a particular pollutant. Any replacement

unit that requires shakedown becomes operational only after a reasonable shakedown period, not to

exceed 180 daYs.

,.Ozone Transport Region" means the region designated by section 184 of the federal Clean Air Act and

comprised of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New

Jersey, New york, pennsylvania, Rhode lsland, Vermont, and the Consolidated Metropolitan Statistical

Area that includes the District of Columbia and northern Virginia.

,,permanent,' (Reductions) means that the actual emission reductions submitted to the Department for

certification have been incorporated in a permit or a permit condition or, in the case of a shutdown, the

permit to operate for the emission unit or units has been voided.

,,potential to Emit', means the maximum capaci$ of a stationary source to emit a pollutant under its

physical and operational design. Any physical or operational limitation on the capacity of the source to emit

a pollutant, inciuding air pollution control equipment and restrictions on hours of operation or on the type or

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or

the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the

potential to emit of a stationary source'

,,euantifiable', (Reductions) means that the amount, rate and characteristics of emission reductions can

be determined by methods that are considered reliable by the Department and the Administrator of the

EPA,

,,Reat,'(Reductions) means reductions in actualemissions released into the atmosphere.

,,Reconstruction,' will be presumed to have taken place where the fixed capital cost of the new

components exceeds 50% of the fixed capital cost of a comparable entirely new stationary source. Any final

decision as to whether reconstruction has occurred shall be made in accordance with the provisions of 40

CFR 60.15(0(1)-(3). A reconstructed stationary source will be treated as a new stationary source for

purposes oi inis regulation. In determining lowest achievable emission rate (LAER) for a reconstructed

stationary source, the provisions of 40 CFR 60.15(f)(4) shall be taken into account in assessing whether a

new source performance standard is applicable to such stationary source.
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

7

"Secondary Emissions" means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or rnajor rnsdifieatien itselt For thepurpose of this regulation, seeondary emissisns must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which

causes the secondary emissions. Secondary emissions may include, but aie not limited to: ' Emissions from ships, trains, or other vehicles coming to or from the new or modified stationary source;

and

' Emissions from any offsite support facility or facilities which would not othenvise be constructed or increase its emissions as a result of the construction or operation of the major station"ry ,orr"" o,. major modification.

"Significant"

(a) 'Significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate

Carbon monoxide: '100 tons per year (Tpy)

Sulfur dioxide: 40 Tpy

Particulate matter: 25 Tpy

Ozone.

New Castle and Kent Counties - 25 TPY of either volatile organic compounds or nitrogen oxides *

Sussex County - 40 TPY of either volatile organic compounds or nitrogen oxides *

Lead: 0.6 TPy

Asbestos: 0.007 Tpy

Beryllium: 0.0004 Tpy

Mercury:0.1 Tpy

Vinylchloride: 1 Tpy

Fluorides: 3 Tpy

Sulfuric acid mist: T Tpy

Hydrogen sutfide (H2S): 1O Tpy

Total reduced sulfur (including H2S): 10 Tpy

Reduced sulfur compounds (including HzS): 1O Tpy

PMle particulate: 1S Tpy

PM2-5: 10 TPY of direct PM2.5 emissions; 40 TPY of sulfur dioxide emissions, 40 Tpy nitrogen oxide emissions.

*Note: Increases in net emissions shall not exceed 25 tons per year in New Casle and Kent Counties, or 40 tons per year in Sussex' when aggregated with all other net increases in emissions from the source over any period of five consecutive calendar years which includes the calendar year in which such increases occur. No part of the five consecutive years shall extend before January 1, 1if 91.

pollutant 

(b) "significant" means, in reference to a net emissions increase or the potential of a source to emit a

subject to regulation under the CAA that (a) doed not list, any emissions rate.

(c). Notwithstanding (a), "significant" means any emissions rate or any net emissions increase associated with a major stationary source or major modificaiion, which would conitruct within ten kilometers of a class I area, and have an impact on such area equal to or greater tnan one pg/;L (rd;;r average).

pollutant 

"stationary source" m.e9.ns any building, structure, facility or installation which emits or may emit any air subject to regulation under tne Cnn.

lf ubject to Regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the clean Air Act, or a nalionally-applicable regulation codified by EpA, that iequires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and ir;t;ti;; to control, limit or restrict the quantity of emissions of that pollutant released from the regulated 

""t"itv. Except that GHG shall not be subject to regulation except as follows:
TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM INISTRATIVE CODE

8

(a) Beginning January 2,2011, the pollutant GHG shall be subject to regulation if:

. The stationary source is a new major stationary source for any pollutant subject to regulation .' undeffieeAAlhatlsnotct{G andatsowiflemitorwitthavelhe potentialloemit 75;000 tpy

CO2e or more; or

. The stationary source is an existing major stationary source for any pollutant subject to

regulation under the CAA that is not GHG and also will have an emissions increase of that

p€llutent anv oollutant subiect to requlation under the CAA that is not IGHGI and an

emissions increase of 75,000 tpy COze or more: and, in addition,

(b) Beginning July 1, 2011, the pollutant GHG also shall be subject to regulation:

. At a new stationary source that willemit or have the potentialto emit'100,000 tpy CO2e: or

. At an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e

when such stationary source undertakes a physical change or change in the method of

operation that will result in an emissions increase of 75,000 tpy CO2e or more.

The term emissions increase, as used above, shall mean that both a significant emissions increase and a

significant net emissions increase occur.

"Surplus" (Reductions) means actual emission reductions below the baseline (see 2.5.2 of this regulation)

not required by regulations or proposed regulations, and not used by the source to meet any state or federal

regulatory requirements.

14DE Reg.579 (aoillIl

15 DE Reg 1169 (021011121

02t1112012

2.0 Emission Offset Provisions (EOP)

2.1 Applicability - The provisions of 2.0 of this regulation shall apply to any person responsible for any proposed

new major stationary source or any proposed major modification.

2.2 For purposes of 2.0 of this regulation, "major stationary source" means:

2.2.1 Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons per year or more of

any pollutant subject to regulation under the Clean Air Act, except for either volatile organic compound or

nitrogen oxides, or

2.2.2 Any stationary source of air pollutants which emits, or has the potential to emit, either volatile organic

compounds, or nitrogen oxides, in the following amounts:

2.2.2.j For areas in ozone attainment, ozone marginal, or ozone moderate nonattainment areas and

located in the ozone transport region - 50 tons per year volatile organic compounds or 100 tons per

year of oxides of nitrogen, or

2.2.2.2 For serious ozone nonattainment areas - 50 tons per year of either volatile organic compounds or

oxides of nitrogen, or

2.2.2.3 For severe ozone nonattainment areas - 25 tons per year of either volatile organic compounds or

oxides of nitrogen, or

2.2.2.4 For extreme ozone nonattainment areas - 10 tons per year of either volatile organic compounds or

oxides of nitrogen.

2.2.3 Any physical change that would occur at a stationary source not qualifying under 2.2.1 or 2.2.2 of this

regulatibn as a major stationary source, if the change would constitute a major stationary source by itself, or

2.2.4 A major stationary source that is major for either volatile organic compounds or nitrogen oxides shall be

considered major for ozone, and "installation" means an identifiable piece of process, combustion or

incineration equiPment.

2.2.5 Nitrogen oxides and SOz shall be considered as precursors, and are considered nonattainment pollutants in

any PMz.s nonattainment area.
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

I 2'3 For the purposes of 2.4 and 2.5 of this regulation, emission units located in areas designated as attainment or marginal nonattainment areas that are located within the ozone transport region shall be considered located in -a rnoderate ozone nonathinmeRt area. 2'4 Conditions for Approval - No person subject to the provisions of 2.1 of this regulation shall install a major stationary source of volatile organic compounds or of nitrogen oxides, PMz.s, or sulfur oxides or make a major modification to a source which will cause or contribute to any violation of tne national ambient air quality

standards for ozone or PM2 u within an area of non-attainment for that pollutant unless the following conditions

are met:

2'4'1 The new major source or the major modification is controlled by the application of lowest achievable emission rate (LAER) control technology.

2'4'2 All existing sources in the State owned or controlled by the owner of the proposed new or modified source

are in compliance with the applicable local, State and federal regulations or are in compliance with a

consent order specifying a schedule and timetable for compliance.

2.4-3 The new or modified source must satisflT the following offset requirements: 2'4'3'1 The ratio of total actual emissions reductions of volatile organic compounds or nitrogen oxides to total allowable increased emissions of volatile organic compounos or nitrogen oxioes"snatt Oe: 2.4.3.1.1 For moderate ozone nonattainment areas, 1.15 to 1, or

2-4'3-1-2 For serious ozone nonattainment areas, 1.2 to 1, or

2.4.3.1.3 For severe ozone nonattainment areas, 1.3 to 1, or

2.4.3.1.4 For extreme ozone nonattainment areas, 1.5 to 1. 2'4'3'2 All offsets shall be federally enforceable at the time of application to construct and shall be in effect by the time the new or modified source commences operation. 2'4'3'3 The ratio of total actual emissions reductions of sulfur dioxide, nitrogen oxides or pM25 to total allowable increased emissions shallbe 1:1. 2'4'4 The application for construction permit pursuant to 7 DE Admin. code 1102 shall include an anatysis of alternative sites, sizes, production processes and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significangy outweigh the envrronmental and social costs imposed as a result of its location, construction, or inodification. 2'4'5 Public participation 

Code 

for the construction permit shall be pursuant to 12.3 or 12.4 and 12.sof 7 DE Admin. 1 102.

2.5 Criteria for Emission Reductions Used as Offsets 2'5'1 All emission reductions claimed as offset credits shall be real, surplus, permanent, quantifiable, and federally enforceable;

2'5'2 The baseline for determining credit for emissions reductions shall be the lower of actual or a'owable emissions' The offset credit shall only be allowed for emission reductions made below the baseline; 2'5'3 Emission reductions claimed as offsets shall have occurred on or after January 1, 1g91; 2'5'4 credit for an emission reduction may be claimed for use as an offset to the extent that the Department has not relied.on it in issuing any permit under this regulation and has not relied on it for demonstration of attainment or reasonable further progress;

2'5'5 Emission reductions shall not be used as offsets in an area with a higher nonattainment classification than the one in which they were generated.

2'5'6 Emission reductions claimed as offsets by a source must be generated from within the same nonattainment area or from any other area that contributes to a violation of the ozone National Ambient Air euality standard in the nonattainment area which the source is rocated. 2'5'7 The Department may allow the offset requirement in 2.5 of this regulation for direct pM25 emissions or precursors of PM2 s (sulfur dioxide or Nox) to be satisfied by offsettirig reductions in direct Firlr. "ri.rion, or emissions of sulfur dioxide or \o1 using a ratio approveo oy tne Dipartment for the nonattainment area after public review and comment. Prior to making a final determination on the interpollutant trading ratios for
10

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADMIN ISTRATIVE CODE

a nonattainment area, the Department shall submit the interpollutant trading ratios and supporting

information to the EPA for concurrence.

Zfr Emission reductions generated in a state other than Delaware and'which-are placed in the emissions bank

established pursuant to 7 DE Admin. Gode 1134 may be used as offsets provided they are federally

enforceable and meet, at a minimum, all the provisions of 7 DE Admin. Code 1 134 and 2.5.5, and 2.5.6 of this

regulation.

I€e/{4t+z\

3.0 Prevention of Significant Deterioration of Air Quality

3.1 Definitions - For the purposes of 3.0 of this regulation:

Major Stationary Source" means:

. Any of the following stationary sources of air pollutants which emits or has the potential to emit, 100 tons per

year or more of any pollutant subject to regulation under the CAA: Fossil fuel-fired steam electric plants of

more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers),

kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum

ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250

tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants,

phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace

process), primary lead smelters, fuelconversion plants, sintering plants, secondary metal production plants,

chemical process plants, fossil fuel boilers (or combinations thereof) totaling more than 250 million British

thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 3OO,0O0 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;

. Notwithstanding the stationary source size specified in the above paragraph, any stationary source which

emits, or has the potential to emit, 250 tons per year or more of any air pollutant subject to regulation under

the CAA; or

. Any physical change that would occur at a stationary source not otherwise qualifying under the preceding

paragrjph as a mapr stationary source, if the change would constitute a major stationary source by itself.

A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be

considered major for ozone.

Ambient Air lncrements. In areas designated as Class l, ll or lll, increases in pollutant concentration over the

baselrne concentration shall be limited to the following:

Maximum allowable increase

(Micrograms Per cubic meter)

Class I

3.2

Pollutant

Total suspended Particulates:

Annual geometric mean

24-hour maximum

Sulfur dioxide:

Annualarithmetic mean

24-hour maximum

Three-hour maximum

PM2.5:

Annualarithmetic mean

24-hr maximum

5

10

2

5

25

1

2
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADMINISTRATIVE CODE

PMls:

Alnualarithmetic mean 4

24-hr maximum g

Nitrogen dioxide

Annualarithmetic mean t25lt2.Sl

Ctass fl

Pollutant

Total suspended particulates:

Annualgeometric mean 19

24-hour maximum 37

Sulfur dioxide:

Annualarithmetic mean 20

24-hour maximum 91

Three-hour maximum 512

PM2 5:

Annualarithmetic mean 4

24-hr maximum g

PMls:

Annualarithmetic mean 17

24-hr maximum 30

Nitrogen dioxide

Annualarithmetic mean 25

Class lll

Pollutant

Total suspended particulates:

Annualgeometric mean 37

24-hour maximum Zs

Sulfur dioxide:

Annualarithmetic mean 40

24-hour maximum fi2

Three-hour maximum 7OO

PM2.5:

Annualarithmetic mean B

24-hr maximum 1g

PMle:

Annualarithmetic mean 34

11
12

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

24-hr maximum

Nitrogen dioxide

Annualarithmetic mean

For any period other than an annual period, the applicable maximum allowable increase may be exceeded

during one such period per year at any one location.

3.3 Ambient Air Ceilings. No concentration of a pollutant shall exceed:

3.3.1 The concentration permitted under the national secondary ambient air quality standard, or

3.3.2 The concentration permitted under the national primary ambient air quality standard, whichever

concentration is lowest for the pollutant for a period of exposure.

3.4 Restrictions on Area Classification.

3.4.1 AllAreas in the State of Delaware are designated Class ll, but may be redesignated as provided in 40 CFR

52.51(s).

3.4.2 The following areas may be redesignated only as Class l:

3.4.2.1 Bombay Hook National\Mldlife Refuge; and

3.4.2.2 A national park or national wilderness area established after August 7 , 

'1977 which exceeds 10,000

acres in size.

3.5 Exclusions from Increment Consumption

3.5.1 Upon written request of the governor, made after notice and opportunity for at least one public hearing to be

held in accordance with procedures established by the State of Delaware, the Department shallexclude the

following concentrations in determining compliance with a maximum allowable increase:

3.5.1.1 Concentrations attributable to the increase in emissions from stationary sources which have

converted from the use of petroleum products, natural gas, or both by reason of an order in effect

under sections 2(a) and 2(b) of the Energy Supply and Environmental Coordination Act of 1974 (or

any superseding legislation) over the emissions from such sources before the effective date of such

an order;

3.5.1.2 Concentrations attributable to the increase in emissions from sources which have converted from

using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal

Power Act over the emissions from such sources before the effective date of such plan;

3.5.1.3 Concentrations of particulate matter attributable to the increase in emissions from construction or

other temporary emission-related activities of new or modified sources;

3.5.2 No exclusion of such concentrations shall apply more than five years after the effective date of the order to

which 3.5.1.1 of this regulation refers orthe plan to which 3.5.1.2 of this regulation refers, whichever is

applicable. lf both such order and plan are applicable, no such exclusion shall apply more than five years

after the later of such effective dates.

3.6 Stack Heights

The provisions of 7 DE Admin. Gode 1127 - STACK HEIGHTS, are applicable to 3.6 of this regulation.

3.7 Review of Major Stationary Sources and Major Modifications - Source Applicability and Exemptions.

3.7 .1 No stationary source or modification to which the requirements of 3.8 through 3.15 of this regulation apply

shall begin actual construction without a permit which states that the stationary source or modification

would meet those requirements. The Department has authori$ to issue any such permit.

3.7.2 The requirements of 3.8 through 3.15 of this regulation shallapply to any major stationary source and any

major modification with respect to each pollutant subject to regulation under the CAA that it would emit,

except as 3.0 of this regulation otherwise provides.

3.7.3 The requirements of 3.8 through 3.15 of this regulation apply only to any major stationary source or major

modification that would be constructed in an aiea designated as attainment or unclassifiable.

60

50
TITTE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

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13 3'7'4 The requirements of 3.8 through 3.15 of this regulation shall not apply to a particular major stationary

source or major modification, if:

3.7:4.1 Tie source or rnodification woutd be a nonprofit treatth or nonprofit educational institution, or a

major modification would occur at such an institution, and the governor requests that it be exempt

from those requirements; or 3'7.4.2 The source or modification would be a major stationary source or major modification only if fugitive

emissions, to the extent quantifiable, are considered in calculating the potential to emit of the

stationary source or modification and the source does not belong to any of the following categories:

3.7.4.2.1 Coat cteaning plants (with thermal dryers);

3.7.4.2.2 Kraft putp mills;

3.7.4.2.3 Porfland cement plants;

3.7.4.2.4 Primary zinc smelters;

3.7.4.2.5 lron and steel mills;

3.7.4.2.6 Primary aluminum ore reduction plants;

3.7.4.2.7 primary copper smelters;

3'7.4.2.8 Municipal incinerators capable of charging more than 250 tons of refuse per day; 3.7.4.2.9 Hydrofluoric, sulfuric, or nitric acid plants;

3.7.4.2.10 petroleum refineries;

3.7.4.2.11 Lime ptants;

3.7.4.2.12 Phosphate rock processing plants;

3.7.4.2.13 Coke oven batteries;

3.7.4.2.14 Sulfur recovery plants;

3.7.4.2.15 Carbon black plants (furnace process);

3.7.4.2.16 primary lead smelters;

3.7.4.2.17 Fuel conversion plants;

3.7.4.2.18 Sintering ptants;

3.7.4.2.'lg Secondary metal production plants;

3.7.4.2.20 Chemical process plants;

3'7'4'2'21 Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input:

3'7 '4'2'22 Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrets; 3.7.4.2.23 Taconite ore processing plants;

3.7.4.2.24 Glass fiber processing plants;

3.7.4.2.25 Charcoal production plants;

3'7 '4'2'26 Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;

3'7'4'2'27 Any.other stationary source category which, as of August 7, 1g80, is being regulated under section 111 or 112 ot the CM; or

3'7 '4'3 The source is a portable stationary source which has previously received a permit under 3.0 of this regulation, and,

3'7 '4'3'1 The owner or operator proposal to relocate the source and emissions of the source at the new location would be temporary; and

3'7 '4'3.2 The emissions from the source would not exceed its allowable emissions; and 3'7'4'3'3 The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and

3'7'4'3'4 Reasonable notice is given to the Department prior to the relocation identifying the proposed

new location and the probable duration of operation at the new location. sutrriotice shall be
14

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

given to the Department not less than 10 days in advance of the proposed relocation unless a

different time duration is previously approved by the Department.

g.T.s Tltc requiremcnrs' of 3.8 thro-ugh 3.15-of this regulation-sHlnotapptytoa major stationary source or major

modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that

pollutant, the source or modification is located in an area designated as non-attainment.

3.2.6 The requirements of 3.9, 3.11, and 3.13 of this regulation shall not apply to a major stationary source or

major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the

source, or the net emissions increase of that pollutant from the modification:

3.7.6.i Would impact no Class I area and no area where an applicable increment is known to be violated,

and

3.7.6.2 Would be temPorarY.

3.7.7 The Department may exempt a stationary source or modification from the requirements of 3.'11 of this

regulation with respect to monitoring for a particular pollutant it

3.7.7.j The emissions increase of the pollutant from the new source or the net emissions increase of the

pollutant from the modification would cause, in any area, air quality impacts less than the following

amounts:

Carbon monoxide: 575 ug/m3, eight-hour average;

Nitrogen dioxide: 14 ug/m3, annual average;

Totalsuspended particulate: 10 ug/m3, Z$-hour average;

Sulfur dioxide: 13 ug/m3, 24-hour average;

Ozone: (See Note 1)

Lead: 0.1 ug/mo, 3-month average;

Mercury: 0.25 ug/m3, 24-hour average;

Beryllium: 0.0005 ug/m3, 24-hour average;

Fluorides: 0.25 ug/m3, 24-hour average;

Vinyl chloride: 15 ug/m3 , 24-hour average;

Total reduced sulfur: 10 ug/m3, one-hour average;

Hydrogen sulfide: 0.04 ug/m3, one-hour average;

Reduced sulfur compounds: 10 ug/m3, one-hour average;

PMro particulate: 10 ug/m3, 24-hour average

PMz s: 4 Pgtm3,24'hour average

[Note 1: No de minimus air quality level is provided for ozone..However, any net increase of

100 tons per year or more oi volatile organic compounds or nitrogen oxides subject to PSD

would be required to perform an ambient impact analysis including the gathering of

ambient air qualitY data.l

3.7.7 .2 The concentrations of the pollutant in the area that the source or modification would affect are less

than the concentrations listed in 3.7.7 .1of this regulation, or the pollutant is not listed in 3-7.7.1 ot

this regulation.

Control TechnologY Review

3.g.1 A major stationary source or major modification shall meet each applicable emissions limitation of the State

of Delaware's Air Pollution Control Regulations'

3.g.2 A new major stationary source shall apply best available control technology for each pollutant subject to

regulation under the CM tnat it would have the potential to emit in significant amounts.

3.8.3 A major modification shall apply best available control technology for each pollutant subject to regulation

under the cAA for which it would result in a significant net emissions increase at the source. This

requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant

would occur as a result of a physical change or change in the method of operation in the unit.

3.8
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROT

DELAWARE ADMINISTRATIVE CODE

15 3.8.4 For phase construction projects, the determination of best available control technology shall be reviewed

and modified as appropriate at the latest reasonable time which occurs no later tnan tA months prior to ' Gommen of c,snstruetisn ef eacJ+ jndependmt phase of-the?rejec{, -At sueh{img tFre owRer or

operator of the applicable stationary source may be required to demonstrate the adequacy of any previous

determination of best available control technology for the source.

3.9 Source lmpact Analysis.

3-9.1 The owner or operator of the proposed source or modification shall demonstrate that allowable emission

increases from the proposed source or modification, in conjunction with all other applicable emissions

increases or reductions (including secondary emissions), would not cause or contribute to air pollution in

violation of ,

* Any national ambient air quality standard in any air quality control region; or

" Any applicable maximum allowable increase over the baseline concentration in any area.

3.9.2 The demonstration required in 3.9.1 willbe deemed to have been made if the emissions increase from the

new stationary source alone or the modification alone would cause, in all areas, air quality impacts less than

the following significant impact levels;

Sig nificant I mpact Level

Pollutant

PMz.s

Averaging Time

Annual

24-hour

Class I

0.06

0.07

Class ll

0.3

't.2

Class lll

0.3

1.2

3.10 Air Quality Modets.

3.10.1 All estimates of ambient concentrations required under 3.0 of this regulation shall be based on the

applicable air quality models, databases, and other requirements specified in the "Guideline on Air euality

Models" (OA-OPS'1.2-080, U.S. Environmental Protection Agency, Office of Air Quality Planning and

Standards, Research Triangle Park, N.C. 27711, April, 1978 or its subsequent revisions). This document is

incorporated by reference.

3'10.2 When an air quality impact model specified in the "Guideline on Air Quality Models" is inappropriate, the

model may be modified or another model substituted. Such a change must be subject to the notice and

opportuni$ for public comment under 3.15 of this regulation. Written approval of the Department must be

obtained for any modification or substitution. Methods like those outlined in the "Workbook for the

Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of Air Quality planning

and Standards, Research Triangle Park, N.C. 17711, May, 1978 or its subsequent revisions) should be

used to determine the comparability of air quality models.

3.11 Air Quality Analysis

3.1 1 .1 Preapplication Analysis.

3.11.1.1 Any application for a permit under 3.0 of this regulation shall contain an analysis of ambient air

quality in the area that the major stationary source or major modification would affect for each of the

following pollutants:

3.11.1.1.1 For the source, each pollutant that it would have the potential to emit in a significant amount;

3.11.1.1.2 For the modification, each pollutant for which it would result in a significant net emissions

Increase3.11.1.2 With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the

analysis shall contain such air quality monitoring data as the Department determines is necessary

to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would

affect.

3.11.1.3 With respect to any such pollutant (other than non-methane hydrocarbons) for which such a

standard does exist, the analysis shallcontain continuous air quality monitoring data gathered for
16

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADMI NISTRATIVE CODE

purposes of determining whether emissions of that pollutant would cause or contribute to a violation

of the standard or any maximum allowable increase.

3.11.1:4 - ln gpneral, thecontinuous air quality monitoring ffia that is required shall have been gathered over

a period of at least one year and shall represent at least the year preceding receipt of the

application, except that, if the Department determines that a complete and adequate analysis can

be accomplished with monitoring data gathered over a period shorter than one year (but not to be

less than four months), the data that is required shall have been gathered over at least that shorter

period.

3.11.1.5 The owner or operator of a proposed stationary source or modification of volatile organic

compounds or nitrogen oxides who satisfies all of the following conditions may provide

311:?t"t1?i3'r3rT$:f 

data for ozone in lieu of providins preconstruction data as required under

Condition 1: The new source is required to meet an emission limitation which specifies the

lowest achievable emission rate for such source.

Condition 2:The applicant must certify that all existing major sources owned or operated by the

applicant (or any entity controlling, controlled by, or under common control with the applicant) in

Delaware are in compliance with all applicable emission limitations and standards under the

CAA (or are in compliance with an expeditious schedule approved by the Department).

Condition 3: Emission reductions ("offsets") from existing sources in the area of the proposed

source (whether or not under the same ownership) are required such that there will be

reasonable progress toward attainment of the applicable NAAQS. Only intrapollutant emission

offsets will be acceptable (e.9., hydrocarbon increases may not be offset against SO2

(reductions)).

Condition 4: The emission offsets will provide a positive net air quality benefit in the affected

area (see 40 CFR Part 51 App S). Atmospheric simulation modeling is not necessary for

volatile organic compounds and NO". Fulfillment of Condition 3 will be considered adequate to

meet this condition for volatile organic compounds and NO,.

3.11.2 Post-construction monitoring. The owner or operator of a major stationary source or major modification

shall, after construction of the stationary source or modification conduct such ambient monitoring as the

Department determines is necessary to determine the effect emissions from the stationary source or

modification may have, or are having, on air quality in any area.

3.1 1.3 Operations of monitoring stations. The owner or operator of a major stationary source or major modification

shall meet the Quality Assurance Requirements for PSD Air Monitoring as preapproved by the Department

during the operation of monitoring stations for purposes of satisfying 3.11 of this regulation.

3.12 Source lnformation. The owner or operator of proposed source or modification shall submit all information

necessary to perform any analysis or make any determination required under 3.0 of this regulation.

3.12.1 With respect to a source or modification to which 3.9, 3.11, and 3.13 of this regulation apply, such

information shall include but not be limited to:

3.12.1.1 A description of the nature, location, design capacity and typical operating schedule of the source

or modification, including specifications and drawings showing its design and plant layout;

3.12.1.2 A detailed schedule for construction of the source or modification;

3.12.1.3 A detailed description as to what system of continuous emission reduction is planned for the source

or modification, emission estimates, and any other information necessary to determine that best

available control technology would be applied.

3.12.2 Upon request of the Department, the owner or operator shall also provide information on:

3.12.2.1 The air quality impact of the source or modification, including meteorological and topographical

data necessary to estimate such impact; and

3.12.2.2 The air quality impacts, and the nature and extent of any or all general commercial, residential,

industrial, and other growth which has occurred since AugustT, 1977 or the applicable baseline

date or dates. in the area the source or modification would affect.
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADMINISTRATIVE CODE

17 3.13 Additional lmpactAnalyses.

3.13'1 The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that

woutd occur as a resutt of the source or moffication and general commercial, residential, indUStiial and

other groMh associated with the source or modification. The owner or operator need not provide an

analysis of the impact on vegetation having no significant commercial or recreational value.

3-'13.2 The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of

generalcommercial, residential, industrial and other groMh associated with the source or modification. 3.14 PublicParticipation

3.14-1 Within 30 days after receipt of an application to construct, or any addition to such application, the

Department shall advise the applicant of any deficiency in the application or in the information submitted. ln

the event of such a deficiency, the date of receipt of the application shall be, for the purpose of 3.0 of this

regulation, the date on which the Department received all required information.

3.14.2 Within one year after receipt of a complete application, the Department shall make a final determination on

the application. This involves performing the following actions in a timely manner:

3.14.2.1 Make a preliminary determination whether construction should be approved, approved with

conditions, or disapproved.

3'14.2.2 Make available a copy of all materials the applicant submitted, a copy of the pretiminary

determination, and a copy or summary of other materials, if any, considered in making the preliminary determination.

3-14.2.3 Notify the public, by advertisement in a newspaper of general circulation in each region in which the proposed source or modification would be constructed, of the application, the preliminary

determination, the degree of increment consumption that is expected from the source or modification, and the opportunity for comment at public hearing as well as written public comment. 3'14'2.4 Send a copy of the notice of public comment to the applicant and to officiats and agencies having

cognizance over the location where the proposed construction would occur as foilows: the chief executives of the city and county where the source or modification would be located and any comprehensive regional land use planning agency whose lands may be affected by emissions from the source or modification. Additionally, if the proposed source would have significant interstate

impact, the Governor of that impacted state wourd be notified. 3'14'2'5 Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source or modification, alternatives to the source or modification, the control technology required, and other appropriate considerations. 3'14'2'6 Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing or hearings in making a final decision on the approvability of the application. No later than 10 days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public. The Department shall consider the applicant's response in making a final decision. The bepartment shall make all comments available for public inspection in tne same locations where the Department made available preconstruction information relating to the proposed source or modification.

3'14.2.7 Make a final determination whether construction should be approved, approved with conditions, or disapproved pursuant to 3.0 of this regulation.

3'14'2.8 Notify the applicant in writing of the final determination and make such notification avaitable for public inspection at the same location where the Department made available preconstruction

information and public comments relating to the source or modification. 3.15 SourceObligation.

3'15'1 Any owner or operator who constructs or operates a source or modification not in accordance with the application submitted pursuant to 3.0 of this regulation or with the terms of any approval to construct, or any

owner or operator of a source or modification subject to 3.0 of this regulation who commences construction
18

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

after the effective date of these regulations without applying for and receiving approval hereunder, shall be

subject to appropriate enforcement action.

3.15.2 Approval to eoRstruct shall beeomeinval-tdif construction is not commenced withinlS months after receipt

of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not

completed within a reasonable time. The Department may extend the 1B-month period upon a satisfactory

showing that an extension is justified. This provision does not apply to the time period between

constructions of the approved phases of a phased construction project; each phase must commence

construction within 18 months of the projected and approved commencement date.

3.15.3 Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with

applicable provisions of any other requirements under local or Federal law.

3.15.4 At such time that a particular source or modification becomes a major stationary source or major

modification solely by virtue of a relaxation in any enforceable limitation which was established after August

7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on

hours of operation, then the requirements of 3.8 throug h 3. 1 5 of this regulation shall apply to the source or

modification as though construction had not yet commenced on the source or modification.

16 Innovative Control Technology.

3.16.1 An owner or operator of a proposed major stationary source or major modification may request the

Department in writing no later than 30 days after the close of the public comment hearing to approve a

system of innovative control technology.

3.16.2 The Department shall, with the consent of the Governor of Delaware, determine that the source or

modification may employ a system of innovative control technology, if:

3.16.2.1 The proposed control system would not cause or contribute to an unreasonable risk to public

health, welfare, or safety in its operation or function;

3.16.2.2 The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to

that which would have been required under 3.8.2 of this regulation by a date specified by the

Department. Such date shall not be later than four years from the time of startup or seven years

from permit issuance;

3.16.2.3 The source or modification would meet the requirements of 3.8 and 3.9 of this regulation based on

the emissions rate that the stationary source employing the system of innovative control technology

would be required to meet on the date specified by the Department;

3.16.2.4 The source or modification would not be before the date specified by the Department:

3.16.2.4.1 Cause or contribute to a violation of an applicable national ambient air quality standard; or

3.16.2.4.2 lmpact any Class I area; or

3.16.2.4.3 lmpact any area where an applicable increment is known to be violated; and

9.16.2.5 All other applicable requirements including those for public participation have been met.

3.16.3 The Department shall withdraw any approval to employ a system of innovative control technology made

under 3.0 of this regulation, if:

3.16.3.1 The proposed system fails before the specified date to achieve the required continuous emissions

reduction rate: or

3.16.3.2 The proposed system fails before the specified date so as to contribute to an unreasonable risk to

public health, welfare, or safetY; or

3.16.3.3 The Department decides at any time that the proposed system is unlikely to achieve the required

level of control or to protect the public health, welfare, or safety.

3.16.4 lf a source or modification fails to meet the required level of continuous emission reduction within the

specified time period or the approval is withdrawn in accordance with 3.16.3 of this regulation, the

Department may allow the source or modification up to an additional three years to meet the requirement for

the application of best available control technology through use of a demonstrated system of control.

13 DE Reg. 1345 (04/01/10)

15 DE Reg.1169 P?0lnzl
TITTE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROT

DELAWARE ADM I NISTRATIVE CODE

19

08t11t2005

4fr Mino'rNewsourecReviewlMNsR)

4'1 Applicability. The requirements of 4.3 of this regulation shall apply to any person responsible for any proposed

new stationary source, the construction of which:

4.1.1 was applied for, pursuant to 1 1.0 of 7 DE Admin. Code 1 102, after August .l 1, 2005 and

4-1 .2 is subject to the construction, installation, or alteration requirements of 2.'t.3 of 7 DE Admin. Gode 1 102, and

4.'1.3 is not subject to the requirements of 2.0 or 3.0 of this regulation, and 4'1'4 has a potential to emit of equal to or greater than five tons per year of volatile organic compounds (VOC's)

or, nitrogen oxides (NO,), or sulfur dioxide (SOz) or sulfur trioxide (SO3) or both lalso termed sulfur oxides (So')l or, fine particulate matter (PMz.s), or, the potential to emit of equal to or greater than five tone per

year, in the aggregate, of any of the hazardous air pollutants (HAP's) listed in seltion 112(b) of the federal Clean Air Act.

4.1.5 Reserved.

4'2 Record keeping. Any person exempted from the requirements of 4.3 of this regulation because tne proposed

source has emissions below the thresholds provided for in 4.1.4 of this regulation shall inctude with the application submitted pursuantto 11.1 of 7 DE Admin. code 1102, documentationthatshowsthe proposed

source is exempted.

4'3 conditions for Approval. Any person subject to the provisions of 4.3 of this regulation shall meet the appropriate requirements of 4.3. 1 and 4.1.2 of this regulation: 4'3'1 The new stationary source shall, relative to each pollutant identified in 4.1 .4of this regulation, be controlled by installing and operating emission control technology that limits emissions to the atmosphere by utilizing any one of the following options listed below. The Department will assist in the development of appropriate emission control technology determinations if requested by the applicant. 4'3'1'1 Emission control technology that meets the LAER requirements of 2.0 of this regulation, or 4'3'1'2 Emission control technology that meets the BACT requirements of 3.0 of this regulation, or 4'3'1'3 Emission control technology approved in advance by the Department for the source type being constructed (a listing and description of the approved technologies is availabte from the Department), or

4'3'1'4 Emission control technology approved by the Department, on a case-by-case basis, pursuant to the following process:

4'3'1'4'1 ldentify and evaluate air pollution control technologies that may be applied to the source. The control alternatives need not be limited to existing controls for the source category. Consider controls applied to similar type of sources, innovative control technologies, modlfication of the process or process equipment, other pollution prevention measures, and combinations of these measures.

4'3'1'4'2 List the control technologies identified in 4.3.1.4.1 of this regulation in descending order of air pollution control effectiveness.

4'3'1'4'3 Either propose the most effective technology on the list generated under 4.3.1.4.2 of this regulation for approval by the Department, or demonstrate, based on the criteria in 4.3.1.4.3.1 through 4.3'1-4.3.4 of this regulation below, that the most effective technology is infeasible or unreasonable. This process for evaluation shall be repeated relative to eactiimission control technology on the list generated under 4,3.1.4.2 of this regulation until an emission control technology is reached that is not eliminated.

4'3'1-4-3.1 Technological Feasibility Assessment: A demonstration that the control technology is technically infeasible, based on physical, chemical, or engineering principles, that it is

unproven technology, or that technical difficulties would prevenl its successful application, or
20

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

4.3.1.4.3.2 Environmental lmpacts Assessment: A demonstration that the control technology should

be eliminated from consideration based on its environmental impacts. The demonstration must

showlhatthe adverse environmental effeets of theeontrol eennskryy{+or examplei effeets on

. water or land, HAP emissions, or increased environmental hazards), when compared with its

air contaminant emission reduction benefits, would make use of the technology unreasonable,

or

4.3.1.4.3.3 Economic lmpacts Assessment: A demonstration that the technology should be eliminated

from consideration based on its calculated economic impacts using the techniques in the latest

edition of EPA's Control Cost Manual. The justification must show that the total and incremental

costs of the control technology are greater than the total and incremental costs of the next less

effective technology on the list generated under 4.3.1.4.2, and that the extra costs, when

compared with the air contaminant emission reduction benefits resulting from the control

technology, would make that measure unreasonable, or

4.3.1.4.3.4 Energy lmpacts Assessment A demonstration that the control technology should be

eliminated from consideration based on its energy impacts. The demonstration must show that

this technology uses fuels that are not reliably available; or that the energy consumed by this

technology is greater than the proposed technology or technologies, and that the extra energy

used, when compared with the air contaminant emission reduction benefits resulting from this

technology, would make use of this technology unreasonable.

4.3.2 All of the following information shall be submitted to the Department as part of the application submitted to

the Department pursuant to 1 1 .1 of 7 DE Admin. Code 1 '102:

4.3.2.1 Control technology proposed to be installed and operated to meet the requirements of 4.3.1 of this

regulation, and

4.3.2.2 The list, if this method was chosen, generated pursuant to 4.3.1.4.2 of this regulation and

4.3.2.3 Any demonstration or demonstrations performed pursuant to 4.3.1.4.3 of this regulation.

2 DE Reg. 2148l05to1t99l

9 DE Reg.246 (08/01/05)

12 DE Reg. 347 (09/01r08)

14 DE Reg. 1207 (05/01/11)

15 DE Res. 1169 (02t01t121
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

1100 Air Quality Management Section

1125 Requirements for Preconstruction Review

o&t11t12

1.0 General Provisions

1.1 Requirements of this regulation are in addition to any other requirements of the State of Delaware Regulations

Governing the Control of Air Pollution.

1.2 Any stationary source which will impact an attainment area or an unclassifiable area as designated by the U.S.

Environmental Protection Agency (EPA) pursuant to Section 107 of the Clean Air Act Amendments of 1gg0

(CAA), is subject to the provisions of 3.0 of this regulation, Prevention of Significant Deterioration (PSD).

1.3 Any stationary source which will impact a non-attainment area as designated by the EPA pursuant to Section

107 of the CAA is subject to 2.0 of this regulation, Emission Offset Provisions (EOP).

1.4 A source may be subject to PSD for one pollutant and to EOP for another pollutant, or may affect both

attainment or unclassifiable areas and a non-attainment area for the same pollutant.

1.5 Any emission limitation represented by LowestAchievable Emission Rate (LAER) may be imposed by the

Department pursuant to regulations adopted under 2.O of this regulation herein notwithstanding any emission

limit specified elsewhere in 7 DE Admin. Code 1100 Regulations Governing the Control of Air Pollution.

1.6 Any emission limitation represented by Best Available Control Technology (BACT) may be imposed by the

Department pursuant to regulations adopted under 3.0 of this regulation herein notwithstanding any emission

limit specified elsewhere in 7 DE Admin. Code 1100, Regulations Governing the Control of Air Pollution.

1.7 No stationary source shall be constructed unless the applicant can substantiate to the Department that the

source will comply with any applicable emission limit or New Source Performance Standard or Emission

Standard lor aHazardous Air Pollutant as set forth in 7 DE Admin. Code 1100 Regulations Governing the

Control of Air Pollution.

1.8 Any stationary source that implements, for the purpose of gaining relief from 3.0 of this regulation, by any

physical or operational limitation on the capacity of the source to emit a pollutant, including (but not limited to) air

pollution control equipment and restrictions on hours of operation or on the type or amount of material

combusted, stored, or processed, shall be treated as part of its design and the limitation or the effect it would

have on emissions is enforceable, not withstanding any emission limit specified elsewhere in 7 DE Admin.

Gode 1100 Regulations Governing the Control of Air Pollution. lf a source petitions the Department for relief

from any resulting limitation described above, the source is subject to review under 2.0 and 3.0 of this regulation

as though construction had not yet commenced on the source or modification.

1.9 Definitions - For the purposes of this regulation

"Actual Emissions" means the actual rate of emissions of a pollutant from an emission unit, as

determined in accordance with the three subparagraphs below.

. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at

which the unit actually emitted the pollutaht during a two-year period which precedes the particular date

and which is representative of normal source operation. The Department shall allow the use of a

different time period upon a determination that it is more representative of normal source operation.

Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types

of materials processed, stored, or combusted during the selected time period.

. The Department may presume that source-specific allowable emissions for the unit are equivalent to

the actual emissions of the unit.

. For any emissions unit, which has not begun normal operations on the particular date, actual emissions ' shall equal the potential to emit of the unit on that date.

"Allowable Emissions" means the emissions rate of a stationary source calculated using the maximum

rated capacity of the source (unless the source is subject to enforceable limits, which restrict the operating

rate, or hours of operation, or both) and the most stringent of the following:
2

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

The applicable standards

. as set forth in 7 DE Admin. Code 1120 and 1121;

. Other applicable Delaware State lmplementation Plan emissions limitations, including those with a

future compliance date; or

. The emissions rate specified as an enforceable permit condition, including those with a future

compliance date.

"Baseline Area" means any intrastate area (and every part thereof) designated as attainment or

unclassifiable in which the major source or major modification establishing the minor source baseline date

would construct or would have an air quality impact of ^the pollutant for which the baseline date is

established, as follows: equal to or greater than one pg/mo (annual average). for SO2, NO2, or PMls; or

equal to or greater than 0.3 pg/m' (annual average) for PM2 5.

. Area redesignations cannot intersect or be smaller than the area of impact of any major stationary

source or major modification which:

. Establishes a minor source baseline date, or

. ls subject to this regulation.

"Baseline Concentration" means that ambient concentration level which exists in the baseline area at the

time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant

for which a minor source baseline date is established and shall include:

. The actual emissions representative of sources in existence on the applicable minor source baseline

date, except as listed under Exceptions below.

. The allowable emissions of major stationary sources which commenced construction before the major

source baseline date; but were not in operation by the applicable minor source baseline date.

Exceptions: The following will not be included in the baseline concentration and will affect the applicable

maximum allowable increase or increases:

. Actual emissions from any major stationary source on which construction commenced after the major

source baseline date; and

. Actual emissions increases and decreases at any stationary source occurring after the baseline date.

"Begin Actual Gonstruction" means, in general, initiation of physical on-site construction activities on an

emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of

building supports and foundations, laying underground pipework and construction of permanent storage

structures. Wth respect to a change in method of operations, this term refers to those on-site activities other

than preparatory activities which mark the initiation of the change.

"Best Available Control Technology (BACT)" means an emissions limitation (including a visible

emission standard) based on the maximum degree of reduction for each pollutant subject to regulation

under CAA which would be emitted from any proposed major stationary source or major modification which

the Department, on a case-by-case basis, takes into account energy, environmental, and economic impacts

and other costs, determines is achievable for such source or modification through application of production

processes or avaihble methods, systems, and techniques, including fuel cleaning or treatment or

innovative fuel combustion techniques for control of such pollutant. In no event shall application of best

available control technology result in emissions of any pollutant which would exceed the emissions allowed

by any applicable standard under 7 DE Admin. Code 1120 and 1121. lf the Department determines that

technological or economic limitations on the application of measurement methodology to a particular

emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work

practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement

for the application of best available control technology. Such standard shall, to the degree possible, set forth

the emissions reduction achievable by implementation of such design, equipment, work practice or

operation, and shall provide for compliance by means which achieve equivalent results.

"Building, Structure, Facility, or Installation" means all of the pollutant-emitting activities which belong

to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are

under the control of the same person (or persons under common control). Pollutant-emitting activities shall

be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DEIAWARE ADM INISTRATIVE CODE

3

have the same first two digit code) as described in the Standard Industrial Classification Manual, 1922, as

amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and

003-005-00176-0, respectively). For purposes of 2.0 of this regulation for VOC and NO, pollutant-emitting

activities, this definition shall apply only to the "Building, Structure or Facility".

"Commence" as applied to construction of a major stationary source or major modification means that the

owner or operator has all necessary preconstruction approvals or permits and either has:

' Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be

completed within a reasonable time; or

' Entered into binding agreements or contractual obligations, which cannot be canceled or modified

without substantial loss to the owner or operator, to undertake a program of actual construction of the

source to be completed within a reasonable time.

"Complete" means, in reference to an application for a permit, that the application contains all of the

information necessary for processing the application.

"Condensable Particulate Matter" means material that is vapor phase at stack conditions, but condenses

and/or reacts upon cooling and dilution in the ambient air to form solid or liquid PM immediately after

discharge from the stack. Note that allcondensable PM is assumed to be in the PM2.5 size fraction.

"Construction" means any physical change or change in the method of operation (including

fabrication, erection, installation, demolition or modification of an emissions unit) which would result in a

change in actual emissions.

"Direct Particulate Matte/' means particles that enter the atmosphere as a direct emission from a stack or

an open source. Direct PM comprises two components: filterable PM and condensable PM. These two PM

components have no upper particle size limit.

"Direct PMz.s" means combined filterable PM2.5 and condensable PM with an aerodynamic diameter less

than or equal to 2.5 micrometers. These solid particles are emitted directly from an air emissions source or

activity, or are the gaseous emissions or liquid droplets from an air emissions source or activity that

condense to form PM at ambient temperatures. Direct PM2.5 emissions include elemental carbon, directly

emitted organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic particles

(including but not limited to crustal material, metals, and sea salt).

"Emissions Unit" means any part of a stationary source which emits or would have the potential to emit

any pollutant subject to regulation under the CAA.

"Enforceable" means any standard, requirement, limitation or condition established by an applicable

federal or state regulation or specified in a permit issued or order entered thereunder, or contained in a SIP

approved by the Administrator of the U.S. Environmental Protection Agency (EPA), and which can be

enforced by the Department and the Administrator of the EPA.

"Filterable PM" means particles that are emitted directly by a source as a solid or liquid at stack or release

conditions and captured on the filter of a stack test train.

"Fugitive Emissions" means those emissions which could not reasonably pass through a stack, chimney,

vent, or other functionally equivalent opening.

"Fixed capital cost" means the capital needed to provide allthe depreciable components.

"Greenhouse Gases (GHG)" means an air pollutant composed of an aggregate group of six greenhouse

gases; carbon dioxide (COz), nitrous oxide (NzO), methane (CHr), hydrofluorocarbons (HFC),

perfluorocarbons (PFC), and sulfur hexafluoride (SFe). For the purposes of this regulation, the term

CO2equivalent emissions (CO2e) shall represent an amount of GHG emitted, and shall be computed as

follows;

. Multiply the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant

GHG by the gases associated globalwarming potential as shown in Table 1-1 of this regulation.

. Sum the resultant value for each gas to compute a tpy CO2e

Table 1-1

GLOBAL WARM I NG POTENTIALS
TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DEIAWARE ADMIN ISTRATIVE CODE

4

Name

Carbon dioxide

Methane

Nitrous oxide

HFC-23

HFC-32

HFC-41

HFC-125

HFC-134

HFC-134a

HFC-143

HFC-143a

HFC-152

HFC-152a

HFC-161

HFC-227ea

HFC-236cb

HFC-236ea

HFC-236fa

HFC-245a

HFC-245ta

HFC-365mfc

HFC-43-10mee

Sulfur hexafluoride

P F C-1 4 ( Perfl uorometha ne )

PFC-1 1 6 (Perfluoroethane)

PF C-21 I ( Perfl uoropropane)

Perfluorocyclopropa ne

PFC-3-1 -l 0 (Perfl uorobutane)

Perfluorocyclobutane

PF C-4-1 -12 ( Perfl uoropentane)

PFC-5-1-14

(Perfluorohexane)

PFC-9-1-18

CAS No. Chemical formula

124-38-9 COz

7442-8 CHr

10024-97-2 NzO

7H6-7 CHF3

75-10-5 CH2F2

593-53-3 CH3F

354-33-6 CzHFs

359-35-3 C2H2Fa

811-97-2 CH2FCF3

43MH CzHgFg

4214.6-2 C2H3F3

624-724 CH2FCH2F

75-374 CH3CHF2

35}3ffi CH3CH2F

431-89-0 CaHFT

677-56-5 CHzFCF2CF3

431-63-0 CHF2CHFCF3

690-39-1 CsHzFo

67H6-7 CsHgFs

46V73-1 CHFzCHzCFg

406-5ffi CH3CF2CH2CF3

13849H2-8 CF3CFHCFHCF2CF3

2551424 SFe

75-74 CF+

76-1H CzFu

76-19-7 CsFa

931-91-9 CaFo

355-25-9 CrF,o

11y2*3 C+Fe

678-26-2 CsFrz

35$-4'24 CoFr+

306-94-5 CroFrs

Global warming potential (100 yr.)

1

21

310

11,700

650

150

2,800

1,000

1,300

300

3,800

53

140

12

2,900

1,340

't,370

6,300

560

1,030

794

1,300

23,900

6,500

9,200

7,000

17,340

7,000

8,700

7,500

7,400

7,500
TITLE 7 NATURAT RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM INISTRATIVE CODE

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"lnnovative Control Technology" means any system of air pollution control that has not been adequately

demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions

reduction than any control system in current practice or of achieving at least comparable reductions at lower

cost in terms of energy economics, or non-air quality environmental impacts.

"Lowest Achievable Emission Rate" (LAER) means the same as defined in 7 DE Admin. Code 1101,

"Definitions and Administrative Principles".

"Major Modification"

. Major modification means any physical change or change in the method of operation of a major

stationary source that would result in a significant net emissions increase of any pollutant subject to

regulation under the CAA.

. Any net emissions increase that is significant for either volatile organic compounds or nitrogen oxides

shall be considered significant for ozone.

. A physical change or change in the method of operation shall not include:

. Routine maintenance, repair and replacement;

. Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the

Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by

reason of a natural gas curtailment plan pursuant to the Federal Power Act;

. Use of an alternative fuel by reason of an order or rule under Section 125 of the CAA;

. Use of an alternative fuel at a steamgenerating unit to the extent that the fuel is generated from

municipalsolid waste;

. Use of an alternative fuel or raw material by a stationary source which:

. The source was capable of accommodating before January 6, 1975; unless such change would

be prohibited under any previously issued permit condition which was established after

January6,1975;

. The source is approved to use under any previously issued PSD permit or under 3.0 of this

regulation;

. An increase in the hours of operation or in the production rate, unless such change would be

prohibited under any previously issued permit condition which was established after January 6,

1975;

. Any change in ownership at a stationary source.

"Major Source Baseline Date" means in the case of PMro and SO2, January 6, 1975; in the case of

NO2, February 8, 1988; and, in the case of PM2.5, October 20,2010.

"Major Stationary Source" - See 2.2 and 3.'1 of this regulation.

"Minor Source Baseline Date"

. Minor Source Baseline date means the earliest date afterAugust 7, 1977 in the case of PMls and SOz;

after February 8, 1988 in the case of NOz; and, after October 20, 2011 in the case of PM2.5, on which the

first complete application is submitted by a major stationary source or major modification subject to the

requirements of 3.0 of this regulation.

. The minor source baseline date is established for each pollutant for which increments or other

equivalent measures have been established if:

. The area in which the proposed source or modification would construct is designated as attainment

or unclassifiable for the pollutant on the date of its complete application under 1.0 of this regulation;

and

ln the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the

case of a major modification, there would be a significant net emissions increase of the pollutant.

"Necessary Preconstruction Approvals or Permits" means those permits or approvals required under

Delaware air quality control laws and regulations.

'Net Emissions Increase"

. Net emissions increase means the amount by which the sum of the following exceeds zero:
TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

- Any increase in actual emissions from a particular physical change or change in method of

operation at a stationary source; and

. Any other increases and decreases in actual eniissions at the source that are contemporaneous

with the particular change and are otherwise creditable.

. An increase or decrease in actual emissions is contemporaneous with the increase from the particular

change only if it occurs between:

. The date five years before construction on the particular change commences; and

. The date that the increase from the particular change occurs.

. An increase or decrease in actual emissions is creditable only if the Department has not relied on it in

issuing a permit for the source under this regulation, which permit is in effect when the increase in actual

emissions from the particular change occurs.

. An increase or decrease in actual emissions of sulfur dioxide or particulate matter which occurs before

the applicable baseline date is creditable only if it is required to be considered in calculating the amount

of maximum allowable increases remaining available.

. An increase in actual emissions is creditable only to the extent that the new level of actual emissions

exceeds the old level.

. A decrease in actual emissions is creditable only to the extent that:

. The old level of actual emissions or the old level of allowable emissions, whichever is lower,

exceeds the new level of actual emissions;

. lt is enforceable at and after the time that actual construction on the particular change begins; and

. lt has approximately the same qualitiative significance for public health and welfare as that

attributed to the increase from the particular change.

. lt has not been adopted by the Department as a required reduction to be made part of the SIP or it

is not required by the Department pursuant to an existing requirement of the SlP.

. An increase that results from a physical change at a source occurs when the emissions unit on which

construction occurred becomes operational and begins to emit a particular pollutant. Any replacement

unit that requires shakedown becomes operational only after a reasonable shakedown period, not to

exceed 180 days.

"Ozone Transport Region" means the region designated by section 184 of the federal Clean Air Act and

comprised of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New

Jersey, New York, Pennsylvania, Rhode lsland, Vermont, and the Consolidated Metropolitan Statistical

Area that includes the District of Columbia and northern Virginia.

"Permanent" (Reductions) means that the actual emission reductions submitted to the Department for

certification have been incorporated in a permit or a permit condition or, in the case of a shutdown, the

permit to operate for the emission unit or units has been voided.

"Potential to Emit" means the maximum capacity of a stationary source to emit a pollutant under its

physical and operational design. Any physical or operational limitation on the capacity of the source to emit

a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or

the effect it would have on emissions is enforceable. Secondary emissions do not eount in determining the

potential to emit of a stationary source.

"Quantifiable" (Reductions) means that the amount, rate and characteristics of emission reductions can

be determined by methods that are considered reliable by the Department and the Administrator of the

EPA,

"Real" (Reductions) means reductions in actual emissions released into the atmosphere.

"Reconstruction" will be presumed to have taken place where the fixed capital cost of the new

components exceeds 50% of the fixed capital cost of a comparable entirely new stationary source. Any final

decision as to whether reconstruction has occurred shall be made in accordance with the provisions of 40

CFR 60.15(fxl)-(3). A reconstructed stationary source will be treated as a new stationary source for

purposes of this regulation. In determining lowest achievable emission rate (LAER) for a reconstructed

stationary source, the provisions of 40 CFR 60.15(f)(4) shall be taken into account in assessing whether a

new source performance standard is applicable to such stationary source.
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

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"Secondary Emissions" means emissions which would occur as a result of the construction or operation

of a major stationary source or major modification, but do not come from the major stationary source or

major modification itself. For the purpose of this regulation, secondary emissions must be specific, well

defined, quantifiable, and impact the same general area as the stationary source or modification which

€uses the secondary emissions. Secondary emissions may include, but are not limited to:

. Emissions from ships, trains, or other vehicles coming to or from the new or modified stationary source;

and

. Emissions from any offsite support facility or facilities which would not othenrise be constructed or

increase its emissions as a result of the construction or operation of the major stationary source or

major modification.

"Significant"

(a) "Significant" means, in reference to a net emissions increase or the potential of a source to emit any of

the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (TPY)

Sulfur dioxide: 40 TPY

Particulate matter: 25 TPY

Ozone:

New Castle and Kent Counties -25TPY of either volatile organic compounds or nitrogen oxides "

Sussex County - 40 TPY of either volatile organic compounds or nitrogen oxides *

Lead: 0.6 TPY

Asbestos: 0.007 TPY

Beryllium: 0.0004 TPY

Mercury:0.1 TPY

Vinylchloride: 1 TPY

Fluorides: 3 TPY

Sulfuric acid mist 7 TPY

Hydrogen sulfide (H2S): 10 TPY

Total reduced sulfur (including HzS): 10 TPY

Reduced sulfur compounds (including HzS): 10 TPY

PMls particulate: '15 TPY

PM2.5: 10 TPY of direct PMz.s emissions; 40 TPY of sulfur dioxide emissions; 40 TPY nitrogen oxide

emissions.

*Note: lncreases in net emissions shall not exceed 25 tons per year in New Castle and Kent Counties, or 40

tons per year in Sussex, when aggregated with all other net increases in emissions from the source over

any period of five consecutive calendar years which includes the calendar year in which such increases

occur. No part of the five consecutive years shallextend before January 1, 1991.

(b) 'Significant" means, in reference to a net emissions increase or the potential of a source to emit a

pollutant subject to regulation under the CAA that (a) does not list, any emissions rate.

(c) Notwithstanding (a), "significant" means any emissions rate or any net emissions increase associated

with a major stationary source or major modification, which would construct within ten kilometers of a Class

I area, an-d have an impact on such brea equal to or greater than one Ug/mt, (24-hour average).

"stationary Source" means any building, structure, facility or installation which emits or may emit any air

pollutant subject to regulation under the CAA.

"subject to Regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the

Clean Air Act, or a nationally-applicable regulation codified by EPA, that requires actual control of the

quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative

to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity.

Except that GHG shall not be subject to regulation except as follows:
TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

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(a) Beginning January 2,2011, the pollutant GHG shall be subject to regulation if:

. The stationary source is a new major stationary source for any pollutant subject to regulation

under the CAA that is not GHG and also will emit or will have the potential to emit 75,000 tpy

COze or more; or

. The stationary source is an existing major stationary source for any pollutant subject to

regulation under the CAA that is not GHG and also will have an emissions increase of any

pollutant subject to regulation under the CAA that is not GHG and an emissions increase of

75,000 tpy CO2e or more: and, in addition,

(b) Beginning July 1, 2011, the pollutant GHG also shall be subject to regulation:

. At a new stationary source that will emit or have the potential to emit 100,000 tpy CO2e: or

. At an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e

when such stationary source undertakes a physical change or change in the method of

operation that will result in an emissions increase of 75,000 tpy CO2e or more.

The term emissions increase, as used above, shall mean that both a significant emissions increase and a

significant net emissions increase occur.

"Surplus" (Reductions) means actual emission reductions below the baseline (see 2.5.2 of this regulation)

not required by regulations or proposed rpgulations, and not used by the source to meet any state or federal

regulatory requirements.

14 DE Reg. 579 (1uo1l10l

15 DE Reg 1169 (02t01t121

o2t11t2012

2.O Emission Offset Provisions (EOP)

2.1 Applicability - The provisions of 2.0 of this regulation shall apply to any person responsible for any proposed

new major stationary source or any proposed major modification.

2.2 For purposes of 2.0 of this regulation, "major stationary source" means:

2.2.1 Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons per year or more of

any pollutant subject to regulation under the Clean Air Act, except for either volatile organic compound or

nitrogen oxides, or

2.2.2 Any stationary source of air pollutants which emits, or has the potential to emit, either volatile organic

compounds, or nitrogen oxides, in the following amounts:

2.2.2.1 For areas in ozone attainment, ozone marginal, or ozone moderate nonattainment areas and

located in the ozone transport region - 50 tons per year volatile organic compounds or 100 tons per

year of oxides of nitrogen, or

2.2.2.2 For serious ozone nonattainment areas - 50 tons per year of either volatile organic compounds or

oxides of nitrogen, or

2.2.2.3 For severe ozone nonattainment areas - 25 tons per year of either volatile organic compounds or

oxides of nitrogen, or

2.2.2.4 For extreme ozone nonattainment areas - 10 tons per year of either volatile organic compounds or

oxides of nitrogen.

2.2.3 Any physical change that would occur at a stationary source not qualifying under 2.2.1 or 2.2.2 of this

regulation as a major stationary source, if the change would constitute a major stationary source by itself, or

2.2.4 A major stationary source that is major for either volatile organic compounds or nitrogen oxides shall be

considered major for ozone, and "installation" means an identifiable piece of process, combustion or

incineration equipment.

2.2.5 Nitrogen oxides and SO2 shall be considered as precursors, and are considered nonattainment pollutants in

any PM2.5 nonattainment area.
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

I

2.3 For the purposes of 2.4 and 2.5 of this regulation, emission units located in areas designated as attainment or

marginal nonattainment areas that are located within the ozone transport region shall be considered located in

a moderate ozone nonattainment area.

2"4 Conditions for Approval - No person subject to the provisions of 2.1 of this regulation shall install a major

stationary source of volatile organic compounds or of nitrogen oxides, PMz.s, or sulfur oxides or make a major

modification to a source which will cause or contribute to any violation of the national ambient air quality

standards for ozone or PM2.5 within an area of non-attainment for that pollutant unless the following conditions

are met:

2.4.1 The new major source or the major modification is controlled by the application of lowest achievable

emission rate (LAER) control technology.

2.4.2 All existing sources in the State owned or controlled by the owner of the proposed new or modified source

are in compliance with the applicable local, State and federal regulations or are in compliance with a

consent order specifying a schedule and timetable for compliance.

2.4.3 The new or modified source must satisfy the following ofbet requirements:

2.4.3.1 The ratio of total actual emissions reductions of volatile organic compounds or nitrogen oxides to

total allowable increased emissions of volatile organic compounds or nitrogen oxides shall be:

2.4.3.1.1 For moderate ozone nonattainment areas, 1.15 to 1, or

2.4.3.1.2 For serious ozone nonattainment areas, 1.2 to 1, or

2.4.3.1.3 For severe ozone nonattainment areas, 1.3 to 1, or

2.4.3.1.4 For extreme ozone nonattainment areas. 1.5 to 1.

2.4.3.2 All offsets shall be federally enforceable at the time of application to construct and shall be in effect

by the time the new or modified source commences operation.

2.4.3.3 The ratio of total actual emissions reductions of sulfur dioxide, nitrogen oxides or PM2.5 to total

allowable increased emissions shall be 1:1.

2.4.4 The application forconstruction permit pursuant to 7 DE Admin. Code 1102 shall include an analysis of

alternative sites, sizes, production processes and environmental control techniques for such proposed

source which demonstrates that benefits of the proposed source significantly outweigh the environmental

and social costs imposed as a result of its location, construction, or modification.

2.4.5 Public participation for the construction permit shall be pursuant to 12.3 or 12.4 and 12.5 of 7 DE Admin.

Code 1102.

2.5 Criteria for Emission Reductions Used as Offsets

2.5.1 All emission reductions claimed as offset credits shall be real, surplus, permanent, quantifiable, and

federally enforceable;

2.5.2 The baseline for determining credit for emissions reductions shall be the lower of actual or allowable

emissions. The offset credit shall only be allowed for emission reductions made below the baseline;

2.5.3 Emission reductions claimed as offsets shall have occurred on or after January 1, 1991;

2.5.4 Credit for an emission reduction may be claimed for use as an offset to the extent that the Department has

not relied on it in issuing any permit under this regulation and has not relied on it for demonstration of

attainment or reasonable further progress;

2.5.5 Emission reductions shall not be used as offsets in an area with a higher nonattainment dlassification than

the one in which they were generated.

2"5"6 Emission reductions claimed as offsets by a source must be generated from within the same nonattainment

area or from any other area that contributes to a violation of the ozone National Ambient Air Quality

Standard in the nonattainment area which the source is located.

2.5.7 The Department may allow the offset requirement in 2.5 of this regulation for direct PM2.5 emissions or

precursors of PM2.5 (sulfur dioxide or NOx) to be satisfied by offsetting reductions in direct PM2.5 emissions

or emissions of sulfur dioxide or NOx using a ratio approved by the Department for the nonattainment area

after public review and comment. Prior to making a final determination on the interpollutant trading ratios for
TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DETAWARE ADM IN ISTRATIVE CODE

10

a nonattainment area, the Department shall submit the interpollutant trading ratios and supporting

information to the EPA for concurrence.

2.6 Emission reductions generated in a state other than Delaware and which are placed in the emissions bank

established pursuant to 7 DE Admin. Code 1'134 may be used as offsets provided they are federally

enforceable and meet, at a minimum, all the provisions of 7 DE Admin. Code 1134 and 2.5.5, and 2.5.6 of this

regulation.

08t11t12

3.0 Prevention of Significant Deterioration of Air Quality

3.1 Definitions - For the purposes of 3.0 of this regulation:

Major Stationary Source" means:

. Any of the following stationary sources of air pollutants which emits or has the potential to emit, 100 tons per

year or more of any pollutant subject to regulation under the CAA: Fossil fuel-fired steam electric plants of

more than 250 million British thermal units per hour heat input, coalcleaning plants (with thermaldryers),

kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum

ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250

tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants,

phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace

process), primary lead smelters, fuelconversion p@nts, sintering plants, secondary metal production plants,

chemical process plants, fossil fuel boilers (or combinations thereof) totaling more than 250 million British

thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;

. Notwithstanding the stationary source size specified in the above paragraph, any stationary source which

emits, or has the potential to emit, 250 tons per year or more of any air pollutant subject to regulation under

the CAA; or

. Any physical change that would occur at a stationary source not otherwise qualifying under the preceding

paragraph as a major stationary source, if the change would constitute a major stationary source by itself.

A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be

considered major for ozone.

3.2 Ambient Air Increments. In areas designated as Class l, ll or lll, increases in pollutant concentration over the

baseline c,oncentration shall be limited to the following:

Maximum allowable increase

(Micrograrns per cubic meter)

Class I

Pollutant

Total suspended particulates:

Annualgeometric mean

24-hour maximum

Sulfur dioxide:

Annualarithmetic mean

24-hour maximum

Three-hour maximum

PM2.5:

Annualarithmetic mean

24-hr maximum

5

10

2

5

25

1

2
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM IN ISTRATIVE CODE

1',

PMle:

Annualarithmetic mean

24-hr maximum

Nitrogen dioxide

Annualarithmetic mean

Pollutant

Total suspended particulates:

Annual geometric mean

24-hour maximum

Sulfur dioxide:

Annualarithmetic mean

24-hour maximum

Three-hour maximum

PM2.5:

Annual arithmetic mean

24-hr maximum

PMle:

Annualarithmetic mean

24-hr maximum

Nitrogen dioxide

Annualarithmetic mean

Pollutant

Total suspended particulates:

Annualgeometric mean

24-hour maximum

Sulfur dioxide:

Annualarithmetic mean

24-hour maximum

Three-hour maximum

PM2 5:

Annualarithmetic mean

24-hr maximum

PMle:

Annualarithmetic mean

4

8

Class ll

Class lll

2.5

37

75

40

182

700

I

18

34

19

37

20

91

512

4

9

17

30

25
12

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM INISTRATIVE CODE

24-hr maximum

Nitrogen dioxide

Annualarithmetic mean

For any period other than an annual period, the applicable maximum allowable increase may be exceeded

during one such period per year at any one location.

3.3 Ambient Air Ceilings. No concentration of a pollutant shall exceed:

3.3.1 The concentration permitted under the national secondary ambient air quality standard, or

3.3.2 The concentration permitted under the national primary ambient air quality standard, whichever

concentration is lowest for the pollutant for a period of exposure.

3.4 Restrictions on Area Classification.

3.4.1 AllAreas in the State of Delaware are designated Class ll, but may be redesignated as provided in 40 CFR

52.51(s).

3.4.2 The following areas may be redesignated only as Class l:

3.4.2.1 Bombay Hook NationalWildlife Refuge; and

3.4.2.2 A national park or national wilderness area established after August 7, 1977 which exceeds 10,000

acres in size.

3.5 Exclusions from Increment Consumption

3.5.1 Upon written request of the governor, made after notice and opportunity for at least one public hearing to be

held in accordance with procedures established by the State of Delaware, the Department shall exclude the

following concentrations in determining compliance with a maximum allowable increase:

3.5.1.1 Concentrations aftributable to the increase in emissions from stationary sources which have

converted from the use of petroleum products, natural gas, or both by reason of an order in effect

under sections 2(a) and 2(b) of the Energy Supply and Environmental Coordination Act of 1974 (or

any superseding legislation) over the emissions from such sources before the effective date of such

an order;

3.5.1.2 Concentrations attributable to the increase in emissions from sources which have converted from

using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal

Power Act over the emissions from such sources before the effective date of such plan;

3.5.1.3 Concentrations of particulate matter attributable to the increase in emissions from construction or

other temporary emission-related activities of new or modified sources;

2.5.2 No exclusion of such concentrations shall apply more than five years after the etfective date of the order to

which 3.5.1.1 of this regulation refers orthe plan to which 3.5.1.2 of this regulation refers, whichever is

applicable. lf both such order and plan are applicable, no such exclusion shall apply more than five years

after the later of such effective dates.

3.6 Stack Heights

The provisions of 7 DE Admin. Gode 1127 - STACK HEIGHTS, are applicable to 3.6 of this regulation.

3.7 Review of Major Stationary Sources and Major Modifications - Source Applicability and Exemptions.

3.7 .1 No stationary source or modification to which the requirements of 3.8 through 3.15 of this regulation apply

shall begin actual construction without a permit which states that the stationary source or modification

would meet those requirements. The Department has authority to issue any such permit.

3.7 .2 The requirements of 3.8 through 3.15 of this regulation shall apply to any major stationary source and any

major modification with respect to each pollutant subject to regulation under the CAA that it would emit,

except as 3.0 of this regulation otherwise provides.

3.7.3 The requirements of 3.8 through 3.15 of this regulation apply only to any major stationary source or major

modification that would be constructed in an area designated as attainment or unclassifiable.

60

50
TITTE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADMINISTRATIVE CODE

13 3'7.4 The requirements of 3.8 through 3.15 of this regulation shall not apply to a particular major stationary

source or major modification, if:

3.7-4.1 The source or modification would be a nonprofit health or nonprofit educational institution, or a

major modification would occur at such an institution, and the governor requests that it be exempt

from those requirements; or

3-7.4.2 The source or modification would be a major stationary source or major modification only if fugitive

emissions, to the extent quantifiable, are considered in calculating the potential to emit of the

stationary source or modification and the source does not belong to any of the following categories:

3.7.4.2.1 Coal cteaning plants (with thermal.dryers);

3.7.4.2.2 Kraft pulp mitts;

3.7.4.2.3 Portland cement plants;

3.7.4.2.4 Primary zinc smelters;

3.7.4.2.5 lron and steel mills;

3.7.4.2.6 Primary aluminum ore reduction plants;

3.7.4.2.7 Primary copper smelters;

3.7-4.2-8 Municipal incinerators capable of charging more than 2S0 tons of refuse per day;

3.7.4.2.9 Hydrofluoric, sulfuric, or nitric acid plants;

3.7.4.2.10 Petroleum refineries;

3.7.4.2.11 Limeplants;

3.7.4.2.12 Phosphate rock processing plants;

3.7.4.2.13 Coke oven batteries;

3.7.4.2.14 Sulfur recovery plants;

3.7.4.2.15 Carbon black plants (furnace process);

3.7.4.2.16 Primary lead smelters;

3.7.4.2.17 Fuel conversion plants;

3.7.4.2.18 Sintering ptants;

3.7.4.2.19 Secondary metal production plants;

3.7.4.2.2O Chemical process plants;

3'7'4'2'21 Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units

per hour heat input:

3'7'4.2.22 Petroleum storage and transfer units with a total storage capacity exceeding 30O,O0O barrets;

3.7.4.2.23 Taconite ore processing plants;

3.7.4.2.24 Glass fiber processing plants;

3.7.4.2.25 Charcoal production plants;

3'7'4.2-26 Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;

3.7.4-2.27 Any other stationary source category which, as of August 7, 1g80, is being regulated under section 111 or 112 ot the CAA; or

3'7 '4'3 The source is a portable stationary source which has previously received a permit under 3.0 of this regulation, and,

3'7 '4'3'1 The owner or operator proposal to relocate the source and emissions of the source at the new location would be temporary; and

3.7.4.3.2 The emissions from the source would not exceed its allowable emissions; and 3'7'4'3'3 The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and

3.7.4.3.4 Reasonable notice is given to the Department prior to the relocation identifying the proposed

new location and the probable duration of operation at the new location. Such-notice shall be
14

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DETAWARE ADMINISTRATIVE CODE

given to the Department not less than 10 days in advance of the proposed relocation unless a

different time duration is previously approved by the Department'

3.7.5 The requirements of 3.g through 3.15 of this regulation shall not apply to a major stationary source or major

modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that

pollutant, the source or modification is located in an area designated as non-attainment.

3.7 .6 The requirements of 3.g, 3.11, and 3.'t 3 of this regulation shall not apply to a major stationary source or

major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the

source, or the net emissions increase of that pollutant from the modification:

3.7.6.1 Would impact no Class I area and no area where an applicable increment is known to be violated,

and

3.7.6.2 Would be temPorary.

3.7.7 The Department may exempt a stationary source or modification from the requirements of 3.11 of this

regulation with respect to monitoring for a particular pollutant if:

3.7.7.1 The emissions increase of the pollutant from the new source or the net emissions increase of the

pollutant from the modification would cause, in any area, air quality impacts less than the following

amounts:

Carbon monoxide: 575 ug/m3, eight-hour average;

Nitrogen dioxide: 14 uglm3, annualaverage;

Totaf suspended particulate: 10 ug/m3, Z4-hour average;

Sulfur dioxide: 13 ug/m3, 24-hour average;

Ozone: (See Note 1)

Lead: 0.1 ug/m3, 3-month average;

Mercury: 0.25 ug/m3, 24-hour average;

Beryllium: 0.0005 ug/m3, 24-hour average;

Fluorides: 0.25 ug/m3, 24-hour average;

Vinyl chloride: 15 ug/m3 ,24-hour average;

Total reduced sulfur: 10 ug/m3, one-hour average;

Hydrogen sulfide: 0.04 ug/m3, one-hour average;

Reduced sulfur compounds: 10 ug/m3, one-hour average;

PMro particulate: 10 ug/m3, 24-hour average

PMzs: 4 pg/m3, 24-hour average

[Note1:Nodeminimusairquality|evelisprovidedforozone.However,anynetincreaseof

100 tons per year or more oi volatile organic compounds or nitrogen oxides subject to PSD

would be required to perform an ambient impact analysis including the gathering of

ambient air qualitY data.l

3.7.7.2 The concentrations of the pollutant in the area that the source or modification would affect are less

than the concentrations lisied in 3.7.7.1of this regulation, or the pollutant is not listed in 3'7 '7 '1 ot

this regulation.

3.8 ControlTechnologYReview

3.g.1 A major stationary source or major modification shall meet each applicable emissions limitation of the state

of Delaware's Air Pollution Control Regulations'

3.g.2 A new major stationary source shall apply best available control technology for each pollutant subject to

regulation under the CAR tnat it would n'ave tne potential to emit in significant amounts'

3.g.3 A major modification shall apply best available control technology for each pollutant subject to regulation

under the cAA for which it would result in a significant net emissions increase at the source. This

requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant

would occur as a result of a pnysical change or change in the method of operation in the unit'
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I NISTRATIVE CODE

15

3.8.4 For phase construction projects, the determination of best available control technology shall be reviewed

and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to

commencement of construction of each independent phase of the project. At such time, the owner or

operator of the applicable stationary source may be required to demonstrate the adequacy of any previous

determination of best available control technology for the source.

3.9 Source lmpact Analysis.

3.9.1 The owner or operator of the proposed source or modification shall demonstrate that allowable emission

increases from the proposed source or modification, in conjunction with all other applicable emissions

increases or reductions (including secondary emissions), would not cause or contribute to air pollution in

violation of:

* Any national ambient air quality standard in any air quality control region; or

* Any applicable maximum allowable increase over the baseline concentration in any area.

3.9.2 The demonstration required in 3.9.1 willbe deemed to have been made if the emissions increase from the

new stationary source alone or the modification alone would cause, in all areas, air quality impacts less than

the following significant impact levels;

Significant lmpact Level

Pollutant

PMz.s

Averaging Time

Annual

24-hour

Class I

0.06

0.07

Class ll

0.3

1.2

Class lll

0.3

1.2

3.10 Air Quality Models.

3.10.1 All estimates of ambient concentrations required under 3.0 of this regulation shall be based on the

applicable air quality models, databases, and other requirements specified in the "Guideline on Air Quality

Models" (OA-OPS 1.2-080, U.S. Environmental Protection Agency, Office of Air Quality Planning and

Standards, Research Triangle Park, N.C. 27711, April, 1978 or its subsequent revisions). This document is

incorporated by reference.

3.10.2 When an air quality impact model specified in the "Guideline on Air Quality Models" is inappropriate, the

model may be modified or another model substituted. Such a change must be subject to the notice and

opportunity for public comment under 3.15 of this regulation. Written approval of the Department must be

obtained for any modification or substitution. Methods like those outlined in the 'Workbook for the

Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of Air Quality Planning

and Standards, Research Triangle Park, N.C. 17711, May, 1978 or its subsequent revisions) should be

used to determine the comparability of air quality models'

3.11 Air Quality Analysis

3.11.1 Preapplication Analysis.

3.11.1.1 Any application for a permit under 3.0 of this regulation shall contiain an analysis of ambient air

quality in the area that the major stationary source or major modification would affect for each of the

following pollutants:

3.11.1.1.1 For the source, each pollutant that it would have the potential to emit in a significant amount;

3.11.1.1.2 For the modification, each pollutant for which it would result in a significant net emissions

tncrease.

3.1'1.1.2 With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the

analysis shall contain such air quality monitoring data as the Department determines is necessary

to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would

affect.

3.11.1.3 With respect to any such pollutant (other than non-methane hydrocarbons) for which such a

standard does exist, the analysis shall contain continuous air quality monitoring data gathered for
16

TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I N ISTRATIVE CODE

purposes of determining whether emissions of that pollutant would cause or contribute to a violation

of the standard or any maximum allowable increase.

3.11.1.4 ln general, the continuous airquality monitoring data that is required shallhave been gathered over

a period of at least one year and shall represent at least the year preceding receipt of the

application, except that, if the Department determines that a complete and adequate analysis can

be accomplished with monitoring data gathered over a period shorter than one year (but not to be

less than four months), the data that is required shall have been gathered over at least that shorter

period.

3.11.1.5 The owner or operator of a proposed stationary source or modification of volatile organic

compounds or nitrogen oxides who satisfies all of the following conditions may provide

post-approval monitoring data for ozone in lieu of providing preconstruction data as required under

3.11.1 of this regulation.

Condition 1: The new source is required to meet an emission limitation which specifles the

lowest achievable emission rate for such source.

Condition 2: The applicant must certify that all existing major sources owned or operated by the

applicant (or any entity controlling, controlled by, or under common control with the appticant; in

Delaware are in compliance with all applicable emission limitations and standards under the

CAA (or are in compliance with an expeditious schedule approved by the Department).

Condition 3: Emission reductions ("offsets") from existing sources in the area of the proposed

source (whether or not under the same ownership) are required such that there will be

reasonable progress toward attainment of the applicable NAAQS. Only intrapollutant emission

offsets will be acceptable (e.g., hydrocarbon increases may not be offset against SO2

(reductions)).

Condition 4: The emission offsets will provide a positive net air quality benefit in the affected

area (see 40 CFR Part 51 App. S). Atmospheric simulation modeling is not necessary for

volatile organic compounds and NO,. Fulfillment of Condition 3 will be considered adequaie to

meet this condition for volatile organic compounds and NOr.

3.11.2 Post-construction monitoring. The owner or operator of a major stationary source or major modification

shall, after construction of the stationary source or modification conduct such ambient monitoring as the Department determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area.

3.1 1.3 Operations of monitoring stations. The owner or operator of a major stationary source or major modification

shall meet the Quality Assurance Requirements for PSD Air Monitoring as preapproved by the Department

during the operation of monitoring stations for purposes of satisfying 3-.11 of this'regulatioi. 3.12 Source Information. The owner or operator of proposed source or modification shall submit all information

necessary to perform any analysis or make any determination required under 3.0 of this regulation.

3.12.1 With respect to a source or modification to which 3.9, 3.11, and 3.13 of this regulation apply, such information shallinclude but not be limited to:

3-12.1'1 A description of the nature, location, design capacity and typical operating schedule of the source

or modification, including specifications and drawings showing its design ind plant layout;

3.12.1-2 A detailed schedule for construction of the source or modification;

3.12'1.3 A detailed description as to what system of continuous emission reduction is planned for the source

or modification, emission estimates, and any other information necessary to determine that best available control technology would be applied.

3.12-2 Upon request of the Department, the owner or operator shall also provide information on:

3.12-2.1 The air quality impact of the source or modification, including meteorological and topographical

data necessary to estimate such impact; and

3'12.2.2 The air quality impacts, and the nature and extent of any or all general commercial, residential,

industrial, and other growth which has occurred since August7,1gz7 or the applicable baseline

date or dates, in the area the source or modification would affect.
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAT CONTROL

DEIAWARE ADMIN ISTRATIVE CODE

17 3.13 Additional lmpact Analyses.

3.13.1 The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that

would occur as a result of the source or modification and general commercial, residential, industrial and

other growth associated with the source or modification. The owner or operator need not provide an

analysis of the impact on vegetation having no significant commercial or recreational value.

3.13.2 The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of

general commercial, residential, industrial and other growth associated with the source or modification.

3.14 PublicParticipation

3.14.1 Within 30 days after receipt of an application to construct, or any addition to such application, the

Department shall advise the applicant of any deficiency in the application or in the information submitted. In

the event of such a deficiency, the date of receipt of the application shall be, for the purpose of 3.0 of this

regulation, the date on which the Department received all required information.

3.14.2 Within one year after receipt of a complete application, the Department shall make a final determination on

the application. This involves performing the following actions in a timely manner:

3.14.2.1 Make a preliminary determination whether construction should be approved, approved with

conditions, or disapproved.

3.14.2.2 Make available a copy of all materials the applicant submitted, a copy of the preliminary

determination, and a mpy or summary of other materials, if any, considered in making the

preliminary determination.

3.14.2.3 Notify the public, by advertisement in a newspaper of general circulation in each region in which the

proposed source or modification would be constructed, of the application, the preliminary

1"5#,*:";"ff'*tff :i,:';Hi"J#"fr :ilTff ':l"ffi"':,ffi i::1.'Hf oJffi 

3.14.2.4 "'":ffi".",: Send a copy of the notice of public comment to the applicant and to officials and agencies having

cognizance over the location where the proposed construction would occur as follows: the chief

executives of the city and county where the source or modification would be located and any

comprehensive regional land use planning agency whose lands may be affected by emissions from

the source or modification. Additionally, if the proposed source would have significant interstate

3 14 2 s [ffi:Hff'ilT'"'1.',ffin::ff[:il#15 ;::Sl to appear and submit written or orar

comments on the air quality impact of the source or modification, alternatives to the source or

modification, the control technology required, and other appropriate considerations.

3.14.2.6 Consider all written comments submitted within a time specified in the notice of public comment

and all comments received at any public hearing or hearings in making a final decision on the

approvability of the application. No later than 10 days after the close of the public comment period,

the applicant may submit a written response to any comments submitted by the public. The

Department shall consider the applicant's response in making a final decision. The Department

shall make all comments available for public inspection in the same locations where the

Department made available preconstruction information relating to the proposed source or

modification.

3.14.2.7 Make a final determination whether construction should be approved, approved with conditions, or

disapproved pursuant to 3.0 of this regulation.

3.'14.2.8 Notify the applicant in writing of the final determination and make such notification available for

public inspection at the same location where the Department made available preconstruction

information and public comments relating to the source or modification.

3.15 SourceObligation.

3.15.1 Any owner or operator who constructs or operates a source or modification not in accordance with the

application submitted pursuant to 3.0 of this regulation or with the terms of any approval to construct, or any

owner or operator of a source or modification subject to 3.0 of this regulation who commences construction
TITLE NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM INISTRATIVE CODE

18

after the effective date of these regulations without applying for and receiving approval hereunder, shall be

subject to appropriate enforcement action.

3.15.2 Approval to construct shall become invalid if construction is not commenced within 18 months after receipt

of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not

completed within a reasonable time. The Department may extend the 18-month period upon a satisfactory

showing that an extension is justified. This provision does not apply to the time period between

constructions of the approved phases of a phased construction project; each phase must commence

construction within 18 months of the projected and approved commencement date.

3.15.3 Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with

applicable provisions of any other requirements under local or Federal law.

3.15.4 At such time that a particular source or modification becomes a major stationary source or major

modification solely by virtue of a relaxation in any enforceable limitation which was established after August

7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on

hours of operation, then the requirements of 3.8 through 3.15 of this regulation shall apply to the source or

modification as though construction had not yet commenced on the source or modification.

3.16 InnovativeControlTechnology.

3.16.1 An owner or operator of a proposed major stationary source or major modification may request the

Department in writing no later than 30 days after the close of the public comment hearing to approve a

system of innovative control technology.

3.16.2 The Department shall, with the consent of the Governor of Delaware, determine that the source or

modification may employ a system of innovative control technology, if:

3.16.2.1 The proposed control system would not cause or contribute to an unreasonable risk to public

health, welfare, or safety in its operation or function;

3.16.2.2 The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to

that which would have been required under 3.8.2 of this regulation by a date specified by the

Department. Such date shall not be later than four years from the time of startup or seven years

from permit issuance;

3.16.2.3 The source or modification would meet the requirements of 3.8 and 3.9 of this regulation based on

the emissions rate that the stationary source employing the system of innovative control technology

would be required to meet on the date specified by the Department;

3.16.2.4 The source or modification would not be before the date specified by the Department:

3.16.2.4.1 Cause or contribute to a violation of an applicable national ambient air quality standard; or

3.16.2.4.2 lmpact any Class I area; or

3.16.2.4.3 lmpact any area where an applicable increment is known to be violated; and

3.16.2.5 All other applicable requirements including those for public participation have been met.

3.16.3 The Department shall withdraw any approval to employ a system of innovative control technology made

under 3.0 of this regulation, if:

3.16.3.1 The proposed system fails before the specified date to achieve the required continuous emissions

reduction rate; or

3.16.3.2 The proposed system fails before the specified date so as to contribute to an unreasonable risk to

public health, welfare, or safety; or

3.16.3.3 The Department decides at any time that the proposed system is unlikely to achieve the required

level of control or to protect the public health, welfare, or safety.

3.16.4 lf a source or modification fails to meet the required level of continuous emission reduction within the

specified time period or the approval is withdrawn in accordance with 3.16.3 of this regulation, the

Department may allow the source or modification up to an additional three years to meet the requirement for

the application of best available control technology through use of a demonstrated system of control.

{3 DE Reg. 1345 (04/01/10)

15 DE Reg. {169 (02t01t121
TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM I NISTRATIVE CODE

19

08t1112005

4.0 Minor New Source Review (MNSR)

4.1 Applicability. The requirements of 4.3 of this regulation shall apply to any person responsible for any proposed

new stationary source, the construction of which:

4.1.1 was applied for, pursuantto 11.0 ot7 DE Admin. Code 11O2, after August 11, 2005 and

4.1.2 is subject to the construction, installation, or alteration requirements of 2.1.3 of 7 DE Admin. Code 1 102,

and

4.1.3 is not subject to the requirements of 2.0 or 3.0 of this regulation, and

4.1.4 has a potential to emit of equal to or greater than five tons per year of volatile organic compounds (VOC's)

or, nitrogen oxides (NO,), or sulfur dioxide (SOz) or sulfur trioxide (SO3) or both [also termed sulfur oxides

(SO,)l or, fine particulate matter (PMz.s), or, the potential to emit of equal to or greater than five tone per

year, in the aggregate, of any of the hazardous air pollutants (HAP's) listed in Section 112(b) of the federal

Clean Air Act.

4.1.5 Reserved.

4.2 Record keeping. Any person exempted from the requirements of 4.3 of this regulation because the proposed

source has emissions below the thresholds provided for in 4.1.4 of this regulation shall include with the

application submitted pursuantto 11.1 of 7 DE Admin. Code 1102, documentation that shows the proposed

source is exempted.

4.3 Conditions for Approval. Any person subject to the provisions of 4.3 of this regulation shall meet the appropriate

requirements of 4.3.1 and 4.3.2 of this regulation:

4.3.1 The newstationarysourceshall, relativetoeach pollutantidentified in4.1.4 of this regulation, becontrolled

by installing and operating emission controltechnology that limits emissions to the atmosphere by utilizing

any one of the following options listed below. The Department will assist in the development of appropriate

emission controltechnology determinations if requested by the applicant.

4.3.1.1 Emission control technology that meets the LAER requirements of 2.0 of this regulation, or

4.3.1.2 Emission control technology that meets the BACT requirements of 3.0 of this regulation, or

4.3.1.3 Emission control technology approved in advance by the Department for the source $pe being

constructed (a listing and description of the approved technologies is available from the

Department), or

4.3.1.4 Emission control technology approved by the Department, on a case-by-case basis, pursuant to

the following process:

4.3.1.4.1 ldentify and evaluate air pollution controltechnologies that may be applied to the source. The

control alternatives need not be limited to existing controls for the source category. Consider

controls applied to similar Wpe of sources, innovative control technologies, modification of the

process or process equipment, other pollution prevention measures, and combinations of

these measures.

4.3.1.4.2 List the control technologies identified in 4.3.1.4.1 of this regulation in descending order of air

pollution control etfectiveness.

4.3.1.4.3 Either propose the most effective technology on the list generated under 4.3.1.4.2 of this

regulation for approval by the Department, or demonstrate, based on the criteria in 4.3.1.4.3.1

through 4.3.1.4.3.4 of this regulation below, that the most effective technology is infeasible or

unreasonable. This process for evaluation shall be repeated relative to each emission control

technology on the list generated under 4.3.1.4.2 of this regulation until an emission control

technology is reached that is not eliminated.

4.3.1.4.3.1 Technological Feasibilig Assessment: A demonstration that the control technology is

technically infeasible, based on physical, chemical, or engineering principles, that it is

unproven technology, or that technical difficulties would prevent its successful application, or
20

TITLE NATURAT RESOURCES & ENVIRONMENTAL CONTROL

DELAWARE ADM INISTRATIVE CODE

4.3.1.4.3.2 Environmental lmpacts Assessment A demonstration that the control technology should

be eliminated from consideration based on its environmental impacts. The demonstration must

show that the adverse environmental effects of the control technology (for example, effects on

water or land, HAP emissions, or increased environmental hazards), when compared with its

air contaminant emission reduction benefits, would make use of the technology unreasonable,

or

4.3.'1.4.3.3 Economic lmpacts Assessment A demonstration that the technology should be eliminated

from consideration based on its calculated economic impacts using the techniques in the latest

edition of EPA's Control Cost Manual. The justification must show that the total and incremental

costs of the control technology are greater than the total and incremental costs of the next less

effective technology on the list generated under 4.3.1.4.2; and that the extra costs, when

compared with the air contaminant emission reduction benefits resulting from the control

technology, would make that measure unreasonable, or

4.3.1.4.3.4 Energy lmpacts Assessment: A demonstration that the control technology should be

eliminated from consideration based on its energy impacts. The demonstration must show that

this technology uses fuels that are not reliably available; or that the energy consumed by this

technology is greater than the proposed technology or technologies, and that the extra energy

used, when compared with the air contaminant emission reduction benefits resulting from this

technology, would make use of this technology unreasonable.

4.3.2 All of the following information shall be submitted to the Department as part of the application submitted to

the Department pursuant to 11 .1 ot7 DE Admin. Code 1102:

4.3.2.'l Control technology proposed to be installed and operated to meet the requirements of 4.3.1 of this

regulation, and

4.3.2.2 The list, if this method was chosen, generated pursuant to 4.3.1.4.2 of this regulation and

4.3.2.3 Any demonstration or demonstrations performed pursuant to 4.3.1.4.3 of this regulation.

2 DE Reg.2148 (05/01/99)

9 DE Reg. 246 (081011051

12 DE Reg. 347 (09/01/08)

14DE Reg. 1207 (05/0rl11)

15 DE Reg. 1169 paolnzl