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 tothe 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 1125, 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

### tothe relevant 

### portions

### of 

### CAA Section 110(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 tothe 

### convening of the 

### public hearing. Attachments 

### A and 

### B are copies 

### of affidavits as 

### proof 

### of proper 

### notification. 

### It isthe 

### position of the State 

### of Delaware that 

### allminimum requirements set 

### forth in 

### the 1990 Clean

### AirAct 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



### Notethat 

### I submitted 

### this same 

### revision on June 

### 13,2072, and requested 

### that EPA process in 

### parallel 

### with the 

### October 12,2011, SIP 

### submission. We 

### lookforward 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 Governingthe Control of

### Air pollution. 

# 1'2 Any stationary source whichwill impact an attainment area or an unclassifiable area as designated bythe U.S. Environmental Protection Agency 

### (EPA) pursuant 

### to Section 107 

### of the Clean

### AirAct Amendments 

### of 1990 (CAA)' issubjecttothe provisions of 3.O ofthis regulation, Preventionof Significant Deterioration (pSD). 

# 1'3 Any stationary source which will impact 

### a non-attainment area as designated by

### the EpA pursuant

### tosection 107 of the CAA issubject to 2.0 ofthis 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 areafor the same pollutant. 

# 1'5 Any emission limitation represented 

### by Lowest 

### Achievable Emission 

### Rate (LAER) may be imposect 

### by the Department 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 emission limitation represented 

### by Best Available 

### control rechnology 

### (BAcr) may be imposed 

### by the Department pursuant

### to regulations adbpted under a.o

# ; il;;";;i;;;;"t"in notwithstanding any emission limit specified 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 

### that the 

### source

### will comply

### with any applicable emission limit 

### or New 

### source performance standard 

### or Emission 

# 3flfrtrtff;jl,xl,:'f"us Air Pollutant 

### as setforth in

### 7 DE

### Admin. Gode 1100 Resutations Governins the 

# 1'8 Any stationary source 

### that implements, 

### for the purpose 

### of gaining 

### relieffrom.3 

### 9 oIthis regutation, 

### by any physical or operational limitation onthe capacity o?tne source to emit a pollutant, including (but not timited to) 

### air pollution control equipment 

### and restrictions

### on rrours 

### or operation o,"

### 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 itwould have 

### on emissions 

### is enforceab.le, not witnsianoing any 

### emission ti-mit

### sjeciRed elsewhere 

### in 

### 7 DEAdmin. 

### code 1100 Regulations Governing 

### thecontrol of

## iir Pollution. 

### lf a source petitions 

### the Department 

### for relief from any resulting limitation described above, the source issubject to review under 2.0 ano 3.b 

### oitni" regulation as though construction had not yet commenced onthe source or modification. 

# 1.9 Definitions - Forthe purposes ofthis regulation



### "Actual Emissions" means 

### the actual rate 

### of emissions 

### of

## a pollutant 

### from 

### an emission 

### unit, as determined in accordance with thethree suuparagraphs berow. 

# ' 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 atwo-yeai perioo wnich precedes the particular date 

### and which 

### is representative 

### of normalsource operation.

### The Department 

### shall allow 

### the use

### of a different 

### time period upon 

### a determination 

### that it-is more represeniative 

### of normal source operation. Actualemissions shall be.calculated using the unit's 

### actualoplrratinJ nours, 

### produciioni"i"r, ancttypes of materials processed, stored, or combu-stedduringthe selected time perioo. 

# ' The Department may presume that source-specific allowable emissions for 

### the unit are equivalent to the actual emissions ofthe unit. 

# ' For any emissions unit,which has not begun normal operations on the particular date, actual emissions shail equarthe potentiar to emit of the unit onthat date. 

### "Allowable Emissions" means

### the emissions rate of a stationary source carculated usingthe maximum rated capacity of the source (unless the source issubjectto enforceabt" 

## tirit., which

## ,rtriitin" operating rate, or hours of operation, or both) and the moststringent ofthefollowing:

### 2 

## TITLE 

## NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL DELAWARE 

## ADM IN 

## ISTRATIVE CODE

The applicable standards



# . as set forth in7 DE

### Admin. Code 1'l2O and 1121;



# . other applicable Delaware 

### State lmplementation 

### Plan emissions limitations, including 

### thosewith a future comPliance date; or



# . The emissions 

### rate specified 

### asan 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 inwhichthe majorsource or major modification establishingthe minor source baseline date 

### would construct 

### or would have 

### anair qualiiy impact of "the 

### pollutant

### for which 

### the baseline 

### date is established, 

### as follows: equal to^orgreater 

### 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 tothis regulation' ,,Baseline 

### Goncentration" means that ambient concentration levelwhich exists inthe baseline area atthe time ofthe 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 inexistence on

### the applicable minor source baseline date, except as listed under Exceptions below'



# . The allowable emissionsof major 

### stationar' 

## iou*-t which.commenced construction beforethe major

source baseline date; butwere not in

### op"tation bythe 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 anystationary'source occurringafterthe baselinedate' ..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, thisterm refers tothose on-site activities other 

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

### ,,BestAvailable 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-Rcationthrough 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 contrortechnorogy 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 unitwould make the imposition of an emissions standard infeasib|e, adesign, equipment, work 

### practice,operationalstandard,orcombinationthereof'maybeprescribedinsteadtosatisfytherequirement for the apprication of uest avaitabre contror tectrnotogy. Such standard shat, to the degree possible, setforth 

### 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 ofthe same person (or persons under common co-ntror). polluta-nt-emitting activities shall
be considered as part ofthe same 

### inorstri"rliouping ifthey berong tothe same "Major Group' (i.e', which

## TITLE

## 7 NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL DELAWARE 

## ADM IN 

## ISTRATIVE CODE

3 have the same firsttwo digitcode) as described inthe 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 regulationforVOC and NO, pollutant-emitting activities,this definition 

### shallapply only tothe "Building, Structure or Facility". 

### "Commence" as applied to construction of a major stationary source or major modification meansthat 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 completedwithin a reasonabletime; 

### 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 sourceto be completed within a reasonable time. 

### "complete" means, in reference 

### to an application 

### for 

### a permit,thatthe application contains 

### all of the information necessaryfor processing the application. 

### "Gondensable Particulate Matter" means materialthat isvapor phase at stack conditions, but condenses 

### and/or reacts 

### upon cooling 

### and dilution in the ambient

### airto form solid 

### or liquid 

### pM immediately after dischargefrom the stack. Notethat 

### allcondensable PM is assumed to be inthe pM2.5sizefraction. 

### "Gonstruction" means

### any physical 

### change 

### or change 

### inthe 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 adirect emission from a stack or an open source. Direct PMcomprises two components: filterable PM and condensable pM. These two pM components have no upper particlesize limit. 

### "Direct PMz.s" means combined filterable PM2.5 and condensable PMwith an aerodynamic diameter less than or equal to2.5 micrometers. These solid particles are emitted directlyfrom an air emissions source 

### or activity,

### or arethe gaseous 

### emissions

### or liquid droplets from 

### an air emissionssource 

### or activity that condense toform 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 havethe potential to emit any pollutant subjectto regulation under the CAA. 

### "Enforceable" means any standard, requirement, 

### limitation

### or condition 

### established 

### by an applicable federal orstate regulation or specified ina permit issued ororder entered thereunder, or contained in a 

### Slp approved 

### bythe Administrator 

### of the U.S. Environmental Protection 

### Agency (EpA), and which 

### can be enforced bythe 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 onthe filter of astacktesttrain. 

### "Fugitive Emissions" means those emissionswhich could not reasonably pass through astack, chimney, vent, or other functionally equivalent opening. 

### "Fixed capital 

### cost" means the capital neededto 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 ofthe six greenhouse gases inthe pollutant GHG bythe gases associated

### globalwarming potentialas shown inTable 

### 1-i ofthis regulation.



# . Sum the resultant value for each gas to 

### comfute atpy 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

PFC-1 4 (Perfl uorometha ne) PFC-1 16 (Perfluoroethane)

P FC-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 asubstantial likelihood of achieving greater continuous emissions reduction than any control system incurrent practice or of achieving at least comparable reductions at lower cost interms of energy economics, or non-air quality environmental impacts. 

### "Lowest Achievable Emission Rate" (LAER) meansthe same as defined in 

### 7 DE

### Admin. Code 1101. "Definitions and Administrative Principles". 

### "Major Modification" 

# ' Major modification 

### means

### any physical 

### change

### or change 

### inthe 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 increasethat issignificant for eithervolatile organic compounds or nitrogen oxides shall be considered significant for ozone.



# . A physical change or change inthe 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) ofthe Energy Stipply and EnvironmentalCoordination Act

### of 1974 (or anysuperseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; 

# ' Use of analternative fuel by reason of anorderor 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 fuelor raw material by astationary sourcewhich: 

# ' The source was capable ofaccommodating before January 6, 1975; unless such change would 

### be prohibited under 

### any previously issued permit condition 

### whichwas established after 

### January6,1975; 

# ' The source is approved 

### to use under 

### any previously issued PSD permit 

### or under 

### 3.0ofthis 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 inownership at astationary source. 

### "Major Source Baseline 

### Date" means inthe case 

### of PMle and SO2, January 

### 6, 1g75; in

# the case 

### of NO2, February 

### 8, 1988; and, inthe 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 inthe case of pMleand SOz; after February 8, 1988 inthe case of NOz; and, after October 

### 20, 2011 inthe case of pM2.5, on which the first complete application issubmitted by a major stationary source or major modification subject tothe requirements of 3.0 ofthis regulation. 

# ' The minor source baseline 

### date 

### is established

### for each pollutant 

### forwhich increments 

### or other equivalent measures have been established if: 

# ' The area inwhich the proposed sour@ or modification would construct isdesignated as attainment or unclassifiable forthe pollutant on the date of its complete application under 1.0 ofthis regulation; and In the case of 

### a major stationary source, 

### the pollutant

### would be emitted in significant amounts, 

### or, inthe case of a major modification, there would be asignificant 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' 

# ' Netemissions increase means the amount bywhichthe sum of thefollowing 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 inactual emissions at the source that are contemporaneous withthe particular change and are otherwise creditable.



# . An increase or decrease in actual emissions is contemporaneous with the increase fromthe particular change only if itoccurs between:



# . The date five years before construction onthe particular change commences; and



# . The date that the increase fromthe particular change occurs.



# . An increase or decrease in actual emissions iscreditable only ifthe Department has not relied on it in issuing a permit for the source underthis regulation, which permit is in effect when the increase inactual emissions fromthe particular change occurs.



# . An increase ordecrease 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 incalculating the amount of maximum allowable increases remaining available.



# . An increase in actual emissions is creditable only tothe extentthat the new level of actual emissions exceeds the old level.



# . A decrease inactual 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 onthe particular change begins; and



# . lt has approximately 

### the same qualitative significance

### for public health 

### and welfare

### as that attributed to the increase fromthe particular change.



# . lt has not been adopted bythe Department as a required reduction to be made part ofthe SIP or it is not required bythe Department pursuant to an existing requirement of the SlP.



# . An increase that results from a physical change at asource occurs whenthe emissions unit onwhich 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 ofthe federal Clean AirAct and comprised ofthe 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 

### tothe 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 oroperational limitation onthe capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or onthe type or amount of material combusted, stored, or processed, shall be treated as part of its design ifthe limitation or the effect itwould have on emissions isenforceable. Secondary emissionsdo not count in determining the potential to emit of a stationary source. 

### ,,Quantifiabte" (Reductions) meansthatthe 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 inactual emissions released intothe atmosphere. 

### ,,Reconstruction" 

### will be presumed

### to havetaken place 

### where

### the fixed capital cost 

### ofthe new components exceeds 50% of the fixed capital cost of a comparable entirely newstationary source. Any final decision astowhether reconstruction has occurred shall be made in accordancewith 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 of40 CFR 

### 60.1s(f( ) shall betaken into account in assessing whether a new source performance standard is applicable tosuch stationary source.

## TITLE

## 7 NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL DELAWARE 

## ADM I

### N

## ISTRATIVE CODE

7 

### "Secondary Emissions" means emissionswhichwould 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. 

### Forthe purpose 

### ofthis regulation, secondary emissions 

### must be specific, well defined, quantifiable, 

### and impact 

### the same general 

### area asthe stationary source 

### or modification which causesthe secondary emissions. Secondary emissions may include, but are not limited to: 

# ' Emissions from ships, trains, or other vehicles comingto orfromthe new or modified stationary source; and 

# ' Emissions 

### from anyoffsite support 

### facilityor facilities which 

### would not otherwise 

### be constructed or increase its emissions 

### as 

### a result 

### ofthe construction 

### or operation 

### ofthe major stationary source or major modification. 

### "Significant" 

### (a) "Significant" means, in referenceto a net emissions increase orthe potential of asource to emit any

### of the following pollutants, a rate of emissions that would equal or exceed any ofthefollowing rates: Pollutant and Emissions Rate Carbon monoxide: 100tons per year 

### (Tpy) Sulfur dioxide: 40TPY Particulate matter: 25 TPY Ozone: New Castle and Kent Counties -25TPY of eithervolatile organic compounds or nitrogen oxides * Sussex County -40TPY of eithervolatile organic compounds or nitrogen oxides * Lead: 0.6 TPY Asbestos: 0.007 TPY Beryllium: 0.0004 TPY Mercury:0.1 TPY 

### Vinylchloride: 1TPY Fluorides: 3TPY 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: 10TPY 

### of direct PM25 emissions; 

### 40 TPY 

### of sulfur dioxide emissions; 

### 40

### Tpy nitrogen oxide emissions. *Note: Increases in net emissions shall not exceed 25tons peryear in New Casfle and Kent Counties, or 40 tons peryear in Sussex,when aggregated with all other net increases inemissions from the source over 

### any period of five consecutive calendar years 

### which includes the calenda 

### r year inwhich 

### 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 subjectto regulation under the CAAthat (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 constructwithin ten kilometers of a Class Iarea, and have an impact on such areaequal to or greater than one pg/m3, (24-hour average). 

### "Stationary Source" means any building,structure, facility or installationwhich emits or may emit any air pollutant subjectto regulation under the CAA. 

### "Subjectto Regulation" means, for any air pollutant, that the pollutant issubject to either a provision inthe Clean 

### AirAct, 

### or

### a nationally-applicable regulation 

### codified 

### by EPA, 

### that iequires actuat 

### control

### of the quantity of emissions ofthat pollutant, and that such a control requirement hastaken effect and isoperative 

### to control, limit 

### or restrict 

### the quantity 

### of emissions 

### ofthat pollutant released 

### from the regulated'activity. Except that GHG shall not be subjectto 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 subjectto regulation under the CAA that is not GHG and also will emit orwill have the potential to emit 75,000 tpy CO2e or more; 

### or



# . The stationary 

### source 

### isan 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 asignificant emissions increase and a significant net emissions increase occur. 

### '.Surptus" (Reductions) means actual emission reductions below the baseline (see 2.5.2 ofthis 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 orany proposed major modification. 

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

## 2.2.1 Any stationary source of air pollutants which emits, or hasthe potential to emit, 100 tons per year or more of any pollutant subject

### to regulation under the Clean Air Act, exceptfor eithervolatile 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, inthe following amounts: 

# 2.2.2.1 For areas 

### in ozone attainment, 

### ozone marginal, 

### or ozone moderate nonattainment 

### areas and

located inthe ozone transport region - 50 tons peryear volatile organic compounds or 100 tons per year of oxides of nitrogen, or 

# 2.2.2.2 For seriousozone nonattainment areas - 50 tons peryear of eithervolatile organic compounds or

oxides of nitrogen, or 

# 2.2.2.3 For severe ozone nonattainment areas -25tons per year of eithervolatile organic compounds or

oxides of nitrogen, or 

# 2.2.2.4 For

### e{reme ozone nonattiainment areas 

### - 10tons 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, ifthe 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 Forthe purposes of 

### 2.4 and 2.5 ofthis regulation, emission units located in areas designated as attainment or marginal nonattainment areasthat are located withinthe ozone transport region shall be considered located in a moderate ozone nonattainment area. 

# 2.4 Conditions 

### for Approval 

### - No person subject 

### tothe provisions 

### of 2.1 

### ot this regulation 

### shall install

### a major stationary source ofvolatile organic compounds or

### of nitrogen oxides, PMz.s, orsulfur oxides 

### or make a major modification 

### to a sourcewhich

### 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 

### bythe application 

### of lowest achievable emission rate (LAER) controltechnology. 

## 2.4.2 All existing sources inthe State owned or controlled bythe owner of the proposed new or modified source 

### are in compliance 

### with the applicable 

### local, State and federal regulations 

### or are in compliancewith a consent orderspecifying aschedule and timetable for compliance. 

## 2.4.3 The new or modified source must satisfo thefollowing offset requirements: 

# 2.4.3.1 The ratio oftotal actual emissions reductions ofvolatile organic compounds 

### or nitrogen oxides to

total allowable increased emissions ofvolatile 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 seriousozone 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 Forextreme ozone nonattainment areas, 1.S

### to 1. 

# 2.4.3-2 All offsets shall befederally enforceable atthe time of applicationto construct and shall be in effect

by the timethe new or modified source commences operation. 

# 2.4.3.3 The ratio 

### oftotalactual 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 1102. 

# 2.5 Criteriafor 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 bethe 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 haveoccurred onor afterJanuary 1, 1gg1; 

## 2.5.4 Credit for an emission reduction may be claimed for use as anoffset 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 inanareawith a higher nonattainment classification than the one inwhich they were generated. 

## 2.5.6 Emission reductions claimed as offsets by a source must be generatedfromwithin the same nonattainment 

### area 

### or from any other area 

### that contributes 

### to a violation 

### ofthe ozone National 

### Ambient

### Air euality standard inthe nonattainment areawhichthe 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 indirect FM2.5 emissions or emissions of sulfur dioxide or NOx using a ratio approved bythe Department for the 

### nonattjinment area after public review and comment. Prior to making afinal determination onthe 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 tothe 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, allthe provisions of 7 DE

### Admin. Gode 1134 and 2.5.5, and 2.5.6 ofthis regulation.


### 1s2t11t14 

# 3.0 Prevention 

### of Significant Deterioration of

### Air Quality 

# 3.1 Definitions - Forthe purposes of 3.0 of this regulation: 

### Major Stationary Source" means:



# . Any of the following stationary sources of air pollutants which emits or hasthe potential to emit, 100 tons per year or more of any pollutant subjectto regulation under the CAA: Fossil fuel-fired steam electric plants 

### of more than250 million British thermal units per hour heat input, 

### coalcleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zincsmelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable 

### of charging more than 250 

### tons 

### of refuse 

### perday, 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, fossilfuel boilers (or combinationsthereof)totaling morethan 250 million British thermal units 

### per hour heat input, petroleum storage and transfer units

### witha 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 inthe above paragraph, any stationary source which emits, or hasthe potential to emit, 250 tons peryear or more of any air pollutant subjectto regulation under the CAA; or



# . Any physical change that would occur at astationary source not otherwise qualifying under the preceding paragraph as a major stationary source, ifthe change would constitutea major stationary source by itself. 

## A major stationarysource 

### that 

### is major 

### for volatile organic compounds

### or nitrogen oxides 

### shall be considered major for ozone. 

# 9.2 Ambient

### Air tncrements. ln areasdesignated 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 secondaryambient 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 AilAreas inthe State of Delaware aredesignated Class 

### ll, but may be redesignated as provided in40 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 insize. 

# 3.5 Exclusions from Increment Consumption 

## 3.S.1 Uponwritten request ofthe governor, made after notice and opportunity for at least one public hearing to be held inaccordance with proCedures established bythe State of Delaware, the Department shall exclude the following concentrations in determining compliance with a maximum allowable increase: 

# 3.5.1.1 Concentrations attributable 

### tothe increase 

### in emissions

### from stationary sources

### which have

converted from the use of petroleum products, natural gas, or both by reasonof anorder in effect under sections 2(a) and 2(b) ofthe Energy Supply and Environmental Coordination Act

### of 1974 (or anysuperseding iegislation) overthe emissions from such sources beforethe effective date of such
an order, 

# 3.5.1.2 Concentrations attributable tothe 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 effectivedate 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 fiveyears after the effective date of the order to which 3.S.1.1 

### of this regulation refers

### orthe plan 

### towhich 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 thanfive years after the later of such effective dates. 

# 3.6 Stack Heights The provisions of 7 DE

### Admin. Code 1127 - STACK HEIGHTS, are applicableto 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 towhich 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 authorityto issue anysuch permit.
3.7

# .2 The requirements of 3.g through 3.15 of this regulation shall apply to any major stiationarysource and any major modification

### with respect

### to each pollutant subject 

### to regulation under

### the CAA that it

### would emit, except as 3.0 ofthis 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 3.8through 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 modificationwould occur at such an institution, and the governor requeststhat it be exempt fromthose requirements; 

### or 3.7

# -4-2 The source or modificationwould be a major stationary source or major modification only iffugitive

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 250tons 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 morethan 250 million British thermal units

per hour heat input: 

### 3.7.4.2-22 Petroleum storage andtransfer units with atotal 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 Fossilfuel-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 ofAugust

### 7, 1g80, 

### is being regulated under

section 111 

### or 112 ofthe CAA;or 3'7

# '4.3 The source is a portable stationary source which has previously received a permit under 3.0 ofthis

regulation, and, 

## 3.7.4'3.1 The owner or operator proposal to relocatethe source and emissions ofthe source at the new

location would betemporary; and 

### 3.7.4-3.2 The emissionsfromthe source would not exceed its allowable emissions; and 3'7

## '4-3.3 The emissions from the source would impact no Class Iarea and no area where an applicable

increment is known to beviolated; and 3-7

## -4.3.4 Reasonable notice is given to

### the Department prior

### tothe relocation identifying

### the proposed

new location and

### the probable duration of operation 

### atthe 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 ofthe proposed relocation unless a different time duration is previously approved bythe Department' 3.7

# .S The requirements of 3.8through 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, ifthe allowable emissions of that pollutant fromthe sou169, or the net emissions increase ofthat pollutant fromthe modification: 

# 3.7.6.1 Would impact no Class Iarea and no area where an applicable increment is known 

### to beviolated,

and 

# 3.7.6.2 Would betemPorary. 

## 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 ofthe pollutant from the newsource or the net emissions increase of the

pollutant fromthe modification would cause, in any area, air quality impacts lessthanthe 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 airquality level is provided for ozone. However, any net increase 

### of i OOtons 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 ofthe pollutant inthe area that the source or modification would affect are less

thanthe 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 ofthe 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 itwould have the potential to emit insignificant amounts. 

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

### to regulation 

### under

### the CAA 

### for which 

### itwould result 

### in

### a significant 

### net emissions increase

### at the source. This requirement applies 

### to each proposed emissions unit 

### atwhich 

### a net emissions increase in

### the pollutant would occur as a result of a physical change or change inthe method of operation inthe unit.

### TITLE 

## 7 NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL 

## DEIAWAREADMINISTRATIVE 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 

### ofthe project. 

### At such time, 

### the owner or operator of the applicable stationary source may be required to demonstratethe 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 airquality standard in any air quality control region;

### or *Any applicable maximum allowable increase overthe baseline concentration in any area. 

## 3.9-2 The demonstration required in 3.9.1 will be deemedto have been made ifthe emissions increasefrom the new stationary source alone or the modification alone would cause, inall areas, air quality impacts lessthan the followingsignificant 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 

### ofthis regulation 

### shall 

### be based 

### on the applicable air quality models, databases, and other requirements specified inthe "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 itssubsequent 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 

### ofthe 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 ofAir 

### euality planning 

### and Standards, Research Triangle Park, 

### N.C. 17711, 

### May, 1978

### orlts subsequent revisions) should be used to determine the comparability of airquality models. 

# 3.11 Air Quality Analysis 

### 3.11.1 Preapplication Analysis. 

## 3.11.1.1 Any application 

### for 

### a permit under 

### 3.0

### ofthis regulation 

### shall contain 

### an analysis 

### of ambient 

### air

quality inthe area that the major stationary source or major modification would aifect for each ofthe following pollutants: 

### 3-11-'1.1-1 For the source, each pollutant that itwould havethe potentialto emit in asignificant amount; 

### 3.11.1.1-2 For 

### the modification, 

### each pollutant 

### for whlch 

### itwould result in 

### a significant 

### net emissions

Increase. 

## 3.11-1-2 With respectto any such pollutant for which 

### no NationalAmbientAir Quality Standard exists, the

analysis shall contain such airquality monitoring data as

### the Department deiermines is necessary to.assess ambient air quality for that pollutant inany area that the emissions ofthat pollutant would affect. 

## 3'11'1.3 With respect

### to anysuch 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 aviolation of the standard or any maximum allowable increase. Ingeneral, the continuous airquality monitoring data that is required shall have been gathered over 

### a period 

### of 

### at least 

### oneyearand shall represent

### at least

### theyear preceding receipt 

### of the application, except that, ifthe Department determines that a complete and adequate analysis can be accomplishedwith monitoring data gathered over a period shorter than oneyear (but not

### to be lessthan 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 lieuof 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 allexisting major sources owned or operated bythe applicant (or any entity controlling, controlled by, or under common control with the applicant) in Delaware 

### are incompliance with 

### all applicable emission limitations and standards under the CAA (or are in compliance with an expeditious schedule approved bythe Department). Gondition 3: Emission reductions ("offsets") from existingsources inthe areaof

### 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)). Condition4: 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 3will 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 stationarysource or modification may have, orare having, on air quality in anyarea' 

### 3.11.3 Operations of monitoring stations. The owner or operator of a major stationary source or major modification shall meet the 

### eualityAisurance Requirements for PSDAir Monitoring as preapproved bythe 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 ofthis regulation. 

### 3.12.1 

### with respect 

### to 

### a source 

### or modification 

### to which 

### 3.9, 3.11, 

### and 3.13 

### ofthis 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 ofthe source or modification; A detailed description as towhat system of continuous emission reduction is planned forthesource 

### or modification, emission estimates, and any other information necessary 

### to determine 

### that best available controltechnology would be applied' 

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

## 3.12.2.1 The air quality impact 

### ofthe 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, inthe 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 

### tovisibility, 

### soils and vegetation that would occur 

### as a result 

### ofthe 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 ofthe impact onvegetation having nosignificant 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 associatedwiththe 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 inthe application or inthe informationsubmitted. ln the event of such adeficiency,the date of receipt ofthe application shall be, forthe purpose of 3.0 ofthis regulation, the date onwhich the Department received all required information. 

### 3.14.2 Within one year after receipt of a complete application, the Department shall make afinaldetermination on the application.This involves performing the following actions in atimely manner: 

## 3.14.2.1 Make

## a preliminary determinationwhether 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 Notifythe public, by advertisement ina newspaperof generalcirculation ineach region inwhich 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 aswell aswritten public comment. 

## 3.14-2-4 Send a copy ofthe noticeof 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 byemissions 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 ororal

comments 

### onthe 

### air quality impact 

### of the source

### or modification, alternatives 

### tothe source or modification,the controltechnology required, and other appropriate considerations. 

## 3.14.2.6 Consider 

### allwritten comments submitted 

### withinatime 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 ofthe application. No later than 10 days afterthe close ofthe 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 afinal determination whether construction should be approved, approvedwith conditions. 

### or

disapproved pursuantto 3.0 of this regulation. 

## 3.'14-2.8 Notify 

### the applicant in 

### writing of thefinal determination 

### and make 

### such notification available 

### for

public inspection 

### at the same locationwhere 

### the Department 

### made available preconstruction information and public comments relating tothe 

### 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 ofthis regulation orwiththe terms of any approval to construct, orany owner or operator of a source or modification subjectto 3.0 ofthis 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 ofthese regulations without applyingfor and receiving approval hereunder, shall be subject to appropriate enforcement action. 

### 3.15.2 Approval to constructshall become invalid ifconstruction is not commenced within 18 months after receipt 

### oi such approval, ifconstruction isdiscontinued for a period 

### of 18 months or more, or ifconstruction is not completed within a reasonable time. The Department may extend 

### the 18-month period upon asatisfactory 

### showing 

### that

### an extension 

### isjustified.

### 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 

### ofthe responsibility 

### to complyfully with applicable provisions of any other requirements under local or Federal law 

### 3.15.4 

### At suchtime that 

## a particular source 

### or modification becomes

## a major stationary source 

### or major modification solely byvirtue of a relaxation in any enforceable limitation which was established after August 7, 1g80 on the capacity ofthe source or modification otherwiseto emit a pollutant, such as a restriction on hours of operation, then the requirements of 3.8 through 3.15 ofthis regulation shall apply to the source or modification asthough construction had notyet commenced onthe source or modification. 

# 3.16 InnovativeControl Technology. 

### 3.16.1An 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 

### ofthe public comment hearing

### to approve a system of innovative controltechnology. 

### 3.16.2 The Department 

### shall, 

### with the consent 

### of the Govemor 

### of Delaware, 

### determine

### thatthe source or modification may employ asystem 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 itsoperation orfunction; 

## 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

### ofthis regulation 

### by 

### a date specified 

### by the Department. Such date shall not be laterthan 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 ofthis regulation based on

the emissions rate that the stationary source employing the system of innovative controltechnology would be required to meet onthe datespecified bythe Department; 

## 3.16.2.4 The source or modification would not be before the datespecified bythe Department: 

### 3.16.2.4.1 Cause or contributeto aviolation of an applicable national ambientair quality standard; or 

### 3.16.2.4.2 lmpact any Class Iarea; 

### or 

### 3.16.2.4.3 lmpact any area where anapplicable increment is known to beviolated, 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 ofthis 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 anytimethat the proposed system is unlikely to achievethe required

level of control orto 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 upto an additional three years to meet the requirement for the application of best available controltechnology 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 ofwhich: 

## 4.1.1 was appliedfor, pursuant 

### to 11.0 of 7 DE

### Admin. Code 1 102, after August 11, 2005 and 

## 4.1.2 is subjecttothe construction, installation, or alteration requirements of 2.1.3 of 7 DE

### Admin. Code 1102. and 

## 4.1.3 is not subject tothe requirements of 2.0 or 3.0 of this regulation, and 

## 4.'1.4 has a potential to emit of equal to or greaterthanfive tons peryear ofvolatile organic compounds (VOC's) or, nitrogen oxides (NO,), or sulfur dioxide (SOz) or sulfur trioxide (SOs)or both [alsotermed sulfur oxides (SO,)] or, fine particulate matter (PMz.s), or,

### the potential

### to emit 

### of equal

### toor greater than five 

### tone per year, inthe aggregate, of any ofthe hazardous air pollutants (HAP's) listed inSection 112(b) ofthe 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 

### ofthis 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 tothe provisions of 4.3 ofthis 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 ofthis regulation, be controlled by installing and operating emission control technologythat limits emissions to the atmosphere by utilizing any one ofthe following options listed below. The Department will assist inthe development of appropriate emission controltechnology determinations if requested by the applicant. 

# 4'3.1.'l Emission controltechnology that meets the LAER requirements of 2.0 of this regulation, or 

# 4-3.1.2 Emission controltechnology that meets the BACT requirements of 3.0 of this regulation, or 

# 4-3.1.3 Emission control technology approved in advance 

### bythe Department 

### for the source 

### type being



### constructed 

## (a listing 

### and description 

## of the approvedtechnologies 

## 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 controltechnologies that may beappliedtothe source. The

control alternatives need not be limited

### to existing controls for

### the source category. Consider controls appliedto similartype 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 in4.3.1.4.1 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 bythe Department, or demonstrate, based onthe criteria in 4.3.1.4.3.1 through 4.3.1.4.3.4 ofthis regulation below,that the most effective technology is infeasible 

### or unreasonable. This processfor evaluation shall be repeated relativeto each emission control technology 

### onthe list generated under 4.3.'1.4.2 

### ofthis 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 thattechnical 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 ofthe 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 ofthe technology unreasonable, or 

### 4.3.1.4.3.3 Economic lmpacts Assessment A demonstration that thetechnology should be eliminated from consideration based on its calculated economic impacts usingthe techniques inthe latest edition of EPA's Control Cost Manual. Thejustification must showthat thetotal and incremental costs of the control technology are greater than the total and incremental costs of the next less effective technology 

### onthe list generated under 4.3.1.4.2; 

### and that 

### the extra costs, when compared 

### withthe 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 itsenergy impacts. The demonstration must showthat thistechnology uses fuelsthat are not reliably available; orthat the energy consumed by this technology is greater than the proposed technology ortechnologies, and that the extra energy used, when compared with the air contaminant emission reduction benefits resultingfromthis technology, would make useof this technology unreasonable. 

## 4.3.2 All of the following information shall be submitted to the Department as part ofthe 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 of4.3.1 of this

regulation, and 

# 4.3.2.2 The list, ifthis method was chosen, generated pursuant to 4.3.1 .4.2 ofthis regulation and 

# 4.3.2.3 Any demonstration or demonstrations performed pursuant to4.3.1.4.3 ofthis 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 (02t011121OFFTCE oF THE

S Ec R ETARY STATE oF DELAWARE 

### DEPARTMENT 

## oF NeTuRaI REsoURcEs AND ENVIRONMENTAL CONTROL

89 KINGs HIGHWAY DovER, DELAWARE t99Ot 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 

### ofthe

### 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 

### inthe abovereferenced 

### rulemaking proceeding. 

### Background and 

### procedural History This 

### order considers proposed 

### revised regulations 

### to amend 

### 7 

### DEAdmin. 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 notedthat 

### public comment was received 

### from the 

### Delaware Solid waste 

### Authority by the Department 

### with regard 

### tothis 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) existingclerical errors

contained

### within the proposed 

### rule language as set 

### forth in theJune 

### 1,2012 edition of the



### Delaware Register

## of Regulations; and 

### (2) an additional 

### typographical error contained


### within thecurrent 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 arewell-supported 

### by the record
developed 

### by the Department, and

## I adopt 

### the Report

### tothe 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 

### inthe 

### Division of

## Air Quality

### fully
developed

### the record

## to support 

### adoption

## of these 

### revised

## Amendments'With the


### adoption 

### ofthis Order, Delaware

## will 

# (l) clarifu that a major source

### for any pollutant
subject 

## to regulation under 

### the Clean

## AirAct ("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 onJune

### 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 theJune 

## l,2}l2edition of the Delaware 

### Register

## of Regulations, as

### well as 

### one

### additionaltypographical 

### 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,

## forthe 

## 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, 

## andthat

## 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'ElryStreet Address. V5U West bosrn Kood New Costle, 

### Dt 19720 Moiling Address: 

### PC Box I5505 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 3242Y8 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 Desk302-324-2676 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. whichwill 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 €itherorally or inwriting al.th6 Jun6 25, 2012 public hearing. ll is requested that those int6r6sbd in pr6senting stat€msntsat the public hearing r€gietei in advanc€,ahd that written statemenls and comments b€addross€dto

# 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 

### tothe

### definition of the

### term "Subject to Regulation" found at 7 

### DE 

### Admin Code 1125, Section 

### 1.9. The 

### effective date 

### ofthis 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 theJune

# l, 2012

### edition

## of the Delaware 

### Register 

### of Regulations; and 

### (2) 

## u, additional typographical 

### error contained 

### within the 

### currentversion of this regulation.

### As noted above, the Department held a

### public hearing 

### to receive comment on

### this

proposed 

### promulgation 

### on Monday, June 

### 25,

## 2012. Commentwas 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 

### ofthe 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 enteredthem 

### 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 ofthis 

### public hearing



### onJune 

### 25,2012, and copies 

### of the actual proposed amendments 

### to the aforementioned

affected sections

### of 7 

### DEAdmin. Code 

### I125.


### Mr. Pettingill thenoffered 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, thefederal 

### 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'sfinal 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

### newthreshold emission

## levels. This Delawareaction was 

### finalized 

## in a hearing on



### November 10,2010. Whenprocessing the 

### resultantrevisiontotheDelawarestatelmplementation plzrn 

### (SIP), 

### EPA determinedthe 

### 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 

### (100tons 

### 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 thisclarification, 

### 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 RegulationsonJune

# 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...". Thatspecific 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 

### tothis 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, andthus 

### 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

### thistime 

### to incorporate 

### EPA's Biogenic Deferral ("the 

### deferral"),
which was 

### finalized 

### bythe 

### EPA on

### July20,20L1 (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

### thistime, due

### tothe 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 adversecomment 

## relative

# to the

aforementioned proposed 

### revisions

### to 7 

### DE Admin. Code 1125, 

### it now seeks

### to proceed


## withthis present 

### promulgation as referenced 

### above

### atthis

# 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

### toadoption 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 

### intothis Hearing 

### Officer's Report. 

# It should 

### be noted 

### thatthe Department adhered

## to

## all appropriate Delaware
statutes and 

### the regulatory development process 

### inthis matter, and that the Department
has 

### metthe required 

### public notice obligations regarding these 

### proposedamendments. 

### 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 

### uponthe 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.



### 52.

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 dothe

### 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 ofthis regulation; 

### Promulgation

## of the proposed 

### revised amendments 

## to7 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 

### aftertheir 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 ofthe State of Delaware Regulations Governing the 

### ControlofAir pollution. 

# 1-2 Any stationary source which will impact an attainment areaor an unclassifiable area as designated bythe U.S. Environmental ProtectionAgency (EPA) 

### pursuantto Section 107 

### ofthe Clean 

### AirActAmendments 

### of 1990 (CAA), is subject tothe provisions of 3.0 ofthis regulation, Prevention of Significant Deterioration (pSD). 

# '1.3 Any stationary source whichwill impact a non-attainment area as designated by the 

### EpA pursuant to Section

107 of the CAA is subject to 2.0 ofthis regulation, Emission Offset Provisions (EOp). 

# 1.4 A source may be subject

### to PSD

### for one pollutant 

### and

### to EOP

### for another pollutant, 

### or mayaffect both attainment or unclassifiable areasand 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 in7 DE

### Admin. Gode '1100 RegulationJGoverning the Controt ofAir Follution. 

# '1.6 Any emission limitation represented 

### by BestAvailable Control Technology (BACT) may 

### be imposed by the Department pursuant 

### to regulations adopted under 3.0 ofthis regulation 

### hlrein notwithsianding any emission limit specified elsewhere in 7 DE

### Admin. Gode 1100, Regulationi Governing the Control ofAir-polution. 

# 1'7 No stationary source 

### shall be constructed unless 

### the applicant 

### can substantiate 

### to the Departmentthat 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 ofAir pollution. 

# 1'8 Any stationary source 

### that implements, 

### for the purpose 

### of gaining 

### relieffrom 3.0of this regulation, by any physical or operational limitation on thecapacity 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 betreated as part of its design and 

### the limitation orthe effect itwould have on emissions 

### is enforceable, n_otwithstanding any emission timit specified elsewhere in

### 7 DEAdmin. 

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

# 1.9 Definitions - Forthe purposes ofthis regulation



### "Actual Emissions" means 

### the actual rate 

### of emissions

### of

## a pollutant 

### from 

### an emission 

### unit, as determined inaccordance withthe three subparagraphs below. 

# ' In general, actual emissions as 

### of a particulardate shall equal 

### the average rate, intons peryear, at which the unitactually 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, andtypes of materials processed, stored, or 

### combulted during the selected time period. 

# ' The Department may presume that source-specific allowable emissions for the unitare 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 potentialto emit ofthe unit on that date. 

### "Allowable Emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity ofthe 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 ofthe 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

### asan 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 inwhichthe 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 

### thearea

### of impact 

### of any major stationary source or major modification which:



# . Establishes a minor source baseline date, or



# . ls subject tothis regulation. ,,Baseline 

### Concentration" means that ambient concentration levelwhich exists inthe baseline area atthe time of the applicable minor source baseline date. A baseline concentration isdetermined for each pollutant for which a minor 

### source baseline date is established and shall include:



# . The actual emissions representative of sources in existence onthe applicable minorsource 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 inoperation bythe applicable minor source baseline date. Exceptions: The following 

### will not be included inthe baseline concentration and

### will affectthe applicable maximum allowable increase or increases:



# . Actualemissions from any majorstationary source on which construction commenced afterthe major source baseline date; and



# . Actual emissions increases and decreases at any stationary source occurring afterthe baseline date. ,,Begin 

### Actual 

### Gonstruction" means, ingeneral, initiation of physicalon-site construction activities on an 

### emislions unit which are of a permanent nature. Suchactivities 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, thisterm refers tothose on-site activities other than preparatory activities which mark the initiation ofthe change' 

### ,,Best Avaitable 

### control Technology (BAGT)" means 

### an emissions limitation (including

## a visible emission standard) based 

### onthe 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 isachievablefor 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 

### onthe application 

### of measurement methodology 

### to

### a particular 

### emissionl unit would make the imposition of an emissionsstandard 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, tothe degree possible, setforth 

### 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 ofthe same person (or persons under common control). Potlutant-emitting activities shall be considered as part ofthe same industrial grouping ifthey belong tothe 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 inthe 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 regulationforVOC 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 tothe owner oroperator,to undertake 

### a program of actual construction of the source to be completedwithin a reasonable time. 

### "Complete" means, 

### in reference 

### to an application 

### for

### a permit, 

### thatthe application contains 

### all of the information necessary for processing the application. 

### "Gondensable Particulate Matter" means materialthat isvapor phase at stack conditions, but condenses 

### and/or reacts 

### upon coolingand dilution 

### inthe ambient 

### airto form solid 

### or liquid 

### PM immediately after discharge from the stack. Note that all condensable PM is assumedto be inthe pM2 5size fraction. 

### "Construction" means

### any physical 

### change

### or change 

### inthe 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 astack or an open source. Direct PMcomprises twocomponents:filterable PM and condensable pM. These two pM components have no upper particle size limit. 

### "Direct PMz.s" means combined filterable PM25and condensable PMwith an aerodynamicdiameter less than or equal to2.5 micrometers. These solid particles are emitted directly from an airemissions source or activity, 

### or arethe gaseous emissions 

### or liquid dropletsfrom 

### an air emissions source 

### or activity that condense toform PM at ambient temperatures. Direct PM2.5 emissions include elemental carbon, 

### direcly emitted organic carbon, directly emittedsulfate, directly emitted nitrate, 

### and other inorganic particles (including but not limited to crustal material, metals, and sea salt). 

### "Emissions Unit" means any part of astationary source which emits or would have the potential to emit any pollutant subjectto regulation under the CAA. 

### "Enforceable" means any standard, requirement, 

### limitation

### or condition established 

### by 

### an applicable federal or state regulation orspecified ina permit issued or order entered thereunder, or contained ina Slp approved 

### bythe Administrator 

### of the U.S. Environmental Protection 

### Agency (EpA), and which 

### can be enforced by the Department and the Administrator ofthe EpA. 

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

### "Fugitive Emissions" means those emissions which could not reasonably pass through astack, 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 anaggregate 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 ofthe six greenhouse gases inthe pollutant GHG bythe gases associated globalwarming 

### potentialas shown inTable 

### 1-l ofthis regulation.



# . Sum the resultant value for each gasto compute atpy 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-14 (Perfluoromethane) PFC-1 16 (Perfluoroethane)

P FC-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 IN 

## ISTRATIVE CODE

5 

# ' *lnnovative eontrol 

### Technologf' rneaRs

### anfsystemof airpotfution control'that has not beeRadequalely demonstrated in practice, but would have asubstantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost interms of energy economics, or non-air quality environmental impacts. 

### "Lowest Achievable Emission Rate" (LAER) meansthe 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 eithervolatile organic compounds or nitrogen oxides shall be considered significant for ozone. 

# ' A physical change or change inthe method of operation shall not include:



# . Routine maintenance, repair and replacement; 

# ' Use of an alternative fuelor raw material by reason of an order under sections 2(a) and (b) of the Energy Supply and Environmental CoordinationAct

### of 1974 (or anysuperseding legistatibny or Uy reason of a naturalgas curtailment plan pursuant tothe Federal Power Act; 

# ' Use of an alternative fuel by reason of an order or rule under Section 125ofthe

### CM; 

# ' Use of 

### an alternative fuel at

### a steam-generating unitto the extent that the

### fuel is generated from municipalsolid waste; 

# ' Use of analternative fuel or raw material by astationary sourcewhich: 

# ' The source was capable of accommodating before January 6, 1g75; unless such change would 

### be prohibited under 

### any previously issued permit condition 

### whichwas 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 

### inthe 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 astationary source. 

### "Major Source Baseline Date" means inthe case 

### of PMle and SOz,January

### 6, 1975; in

# the case 

### of NO2, February B, 1988; and, inthe 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 earliestdate after August 

### 7, 1977 inthe case of pMls and Soz; after February 8, 1988 inthe case of Noz; and, after october 

## i0, 2011 inthe case of pM2 5,on wnicn tne first complete application issubmitted bya major stationary source or major modification suO;ectio ine requirements of 3.0 ofthis regulation. 

# ' The minor source baseline 

### date 

### is established

### for each pollutant

### forwhich increments 

### or other equivalent measures have been established if: 

# ' The area inwhich the proposed source or modification would construct is designated as attainment or unclassifiableforthe pollutant on the date of itscomplete 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, inthe case of a major modification, there would be asignificant net emissions 

### increale ofthe 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 whichthe 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 iscontemporaneous with the increase fromthe 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 underthis regulation, which permit is ineffect when the increase inactual emissions fromthe 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 incalculating the amount of maximum allowable increases remaining available.



## . An increase inactual emissions iscreditable only tothe extentthat the new level of actual emissions exceedsthe 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 afterthetime that actual construction on the particular change begins; and



# . lt has approximately 

### the same qualitative significance

### for public health 

### and welfare 

### as that attributed tothe 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 bythe Department pursuant to an existing requirement ofthe SlP.



# . An increase that results from a physical change at asource occurswhenthe 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 

### tothe Department for certification have been incorporated in 

### a permit or 

### a permit condition 

### or, in

### the case 

### of a shutdown, the permitto 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 onthe 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 betreated as partof its design ifthe limitation or the effect itwould have on emissions isenforceable. Secondary emissions do not count indetermining the potential to emit of a stationary source' 

### ,,euantifiable', (Reductions) meansthat the amount, rate and characteristics of emission reductions can be determined 

### by methods 

### that are considered reliable by 

### the Department and 

### theAdministrator 

### of the EPA, ,,Reat,'(Reductions) means reductions inactualemissions released into the atmosphere. 

### ,,Reconstruction,' 

### will be presumed

### to havetaken place 

### where 

### the fixed capital 

### cost 

### ofthe new components exceeds 50% ofthefixed capital cost of a comparable entirely new stationary source. Any final decision astowhether reconstruction has occurred shall be made in accordance withthe 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 betaken intoaccount in assessing whether a new source performance standard is applicable to such stationary source.

### TITLE 

## 7 NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL DELAWARE 

## ADM IN 

## 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 

### fromthe 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 

### areaas 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 orfrom 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 

### ofthe 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 thefollowing rates: Pollutant and Emissions Rate Carbon monoxide: '100tons peryear 

### (Tpy) Sulfur dioxide: 40

### Tpy Particulate matter: 25

### Tpy Ozone. New Castle and Kent Counties -25 TPY of eithervolatile 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: 10TPY 

### of direct PM2.5 emissions; 

### 40TPY 

### of sulfur dioxide emissions, 40

### Tpy nitrogen oxide emissions. *Note: Increases in net emissions shall not exceed 25tons per year in New 

### Casle and Kent Counties, or 40 tons peryear in Sussex' when aggregated with all other net increases in emissions fromthe source over 

### any period 

### offive consecutive calendar years which includes the 

### calendar year inwhich such increases occur. No part of the five consecutive years shall extend before January 1, 1if 91. 

### (b) "significant" means, 

### in reference 

### to

### a net emissions increase 

### orthe potential 

### of 

### a source

### to emit a pollutant 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 Iarea, and have an impact onsuch area equal to or greatertnan one 

### pg/;L 

# (rd;;r average). 

### "stationary source" m.e9.ns any building, structure, facility or installation which emits or may emit any air pollutant subject to regulation undertne

### Cnn. 

## lf ubject 

### to Regulation" means, for any air pollutant, that the pollutant issubject to either a provision inthe 

### 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 acontrol requirement has taken effect and

# ir;t;ti;; to control, limit 

### or restrict the quantity 

### of emissions 

### of that pollutant released 

### fromthe regulated 

### ""t"itv. Exceptthat GHG shall not besubject 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 isa new major stationary source for any pollutant subject to regulation 

## .' undeffieeAAlhatlsnotct{G andatsowiflemitorwitthavelhe potentialloemit 75;000 tpy CO2e or more; or



# . The stationary 

### source 

### isan existing 

### major stationary 

### source

### for any pollutant 

### subject to regulation under the CAA that is not GHG and also 

### will havean emissions increase ofthat 

### p€llutent

### anv oollutantsubiect

### 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 besubjectto regulation:



# . Ata new stationary source that

### willemit or havethe 

### 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 

### inthe 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 ofthis regulation) not required by regulations or proposed regulations, and not used bythe source to meet any state orfederal 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 hasthe potential to emit, 100 tons per year or more of any pollutant subject to regulation under the Clean AirAct, exceptfor eithervolatile 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, inthe following amounts: 

# 2.2.2.j For areas 

### in ozone attainment, 

### ozone marginal, 

### or ozone moderate nonattainment 

### areas and

located inthe ozone transport region - 50tons peryear volatile organic compounds or 100 tons per year of oxides of nitrogen, or 

# 2.2.2.2 For seriousozone nonattainment areas - 50 tons peryear of eithervolatile organic compounds or

oxides of nitrogen, or 

# 2.2.2.3 For severe ozone nonattainment areas -25tons peryear of eithervolatile organic compounds or

oxides of nitrogen, or 

# 2.2.2.4 Forextreme ozone nonattainment areas 

### - 10tons per year of eithervolatile organic compounds or

oxides of nitrogen. 

## 2.2.3 Any physical change 

### thatwould occur 

### at

### a stationary 

### source not qualifying under 

### 2.2.1 or 2.2.2

### of this regulatibn as a major stationary source, ifthe change would constitute a major stationary source by itself, or 

## 2.2.4 A major stationary source 

### that is majorfor 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 SOzshall be considered as precursors, and are considered nonattainment pollutants in any PMz.s nonattainment area.

### TITLE 

## 7 NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL DELAWARE 

## ADM IN 

## ISTRATIVE CODE 

# I 2'3 Forthe 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 

### forApproval

### - No person subject 

### tothe provisions 

### of 2.1 

### of this regulation 

### shall install 

### a major stationary source of volatile organic compounds or of nitrogen oxides, PMz.s, orsulfur 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 thefollowing 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 inthe State owned or controlled bythe 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

### oftotal actual emissions reductionsofvolatile organic compounds or nitrogen oxidesto

total allowable increased emissions ofvolatile 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 Alloffsets shall be federally enforceable at the time of application to construct and shall be in effect

bythetimethe new or modified source commences operation. 

# 2'4'3'3 The ratio 

### oftotal 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 

### controltechniques 

### for such proposed sourcewhich demonstrates that benefits ofthe proposed source significangy outweighthe envrronmental and social costs imposed as a result of its location, construction, or inodification. 

# 2'4'5 Public participation for the construction permit shall be pursuant

### to 12.3

### or 12.4 and 12.sof 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 

### bethe 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 afterJanuary 1, 1g91; 

# 2'5'4 credit for an emission reduction may be claimed for use as anoffset tothe 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 inan areawith a higher nonattainment classification than the one inwhich theywere generated. 

# 2'5'6 Emission reductions claimed as offsets by asource must be generated from within the same nonattainment 

### area 

### orfrom any other area that contributes 

### to a violation

### of the ozone National Ambient 

### Air euality standard inthe nonattainment area which the source is rocated. 

## 2'5'7 The Department 

### may allow 

### the offset requirement 

### in 2.5 

### ofthis regulation 

### for direct pM25 emissions or precursors of PM2 s(sulfur dioxide or 

### Nox) to be satisfied byoffsettirig reductions indirect 

### Firlr. 

## "ri.rion, or emissions of sulfur dioxide or

## \o1 using a ratio approveo oy tne 

### Dipartment forthe nonattainment area after public review and comment. Prior to making a final determination onthe 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 tothe 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, allthe provisions of 7 DE

### Admin. Code 1134 and 2.5.5, and 2.5.6 ofthis regulation. 

### I€e/{4t+z\ 

# 3.0 Prevention of 

### Significant Deterioration of

### Air Quality 

# 3.1 Definitions - Forthe purposes of 3.0 ofthis regulation: Major 

### Stationary Source" means:



# . Any of the following stationary sources of air pollutants which emits or has the potential to emit, 100tons per year or more of any pollutant subject to regulation under the CAA: Fossil fuel-fired steam electric plants of
more than250 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 morethan 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, fossilfuel boilers (or combinations thereof) totaling morethan250 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 sizespecified inthe above paragraph, any stationary sourcewhich emits, or hasthe potential to emit, 250 tons peryear 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, ifthe change would constitute a major stationary source by itself. 

### A major stationarysource 

### 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 overthe baselrneconcentration 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 peryear 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 ambientairquality 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 inthe Stateof Delaware are designated Class 

### ll, but may be redesignated as provided in40 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

### , '1977which exceeds 10,000

acres insize. 

# 3.5 Exclusions from Increment Consumption 

## 3.5.1 Upon written request ofthe governor, made after notice and opportunity for at least one public hearing to be held inaccordance with procedures established bythe 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

convertedfrom

### the use of petroleum products, natural gas, or both by reason of anorder in effect under sections 2(a) and 2(b) ofthe 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 tothe increase inemissions from sourceswhich have converted from

using natural 

### gas by reason 

### of

### a natural 

### gas curtailment 

### plan in effect pursuant 

### to

### the Federal Power Act overthe emissions from such sources beforethe effective date ofsuch plan; 

# 3.5.1.3 Concentrations 

### of particulate matter attributableto

### the increase inemissions 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 fiveyears afterthe effective date ofthe order to which 3.5.1.1 

### of this regulation refers 

### orthe plan 

### towhich 3.5.1.2 

### ofthis regulation refers, whichever is applicable. lf bothsuch order and plan areapplicable, no such exclusion shall apply more thanfive years after the later of such effective dates. 

# 3.6 Stack Heights The provisions of 7 DE 

### Admin. Gode 1127 - STACK HEIGHTS, are applicableto 3.6 ofthis regulation. 

# 3.7 Review of Major Stationary Sources and Major Modifications - SourceApplicability and Exemptions. 3.7

# .1 No stationary source or modificationtowhich the requirements of 3.8 through 3.15 of this regulation apply 

### shall begin 

### actual construction without 

### a permit 

### which statesthat the stationary source 

### or modification would meet those requirements. The Department has 

### authori$ to issue anysuch permit. 

## 3.7.2 The requirements of 3.8 through 3.15 ofthis 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 ofthis regulation otherwise provides. 

## 3.7.3 The requirements of 3.8 through 3.15 ofthis regulation apply only to any major stationary source or major modification thatwould be constructed in an aiea designated as attainment or unclassifiable. 60

50

### TITTE 

## 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 Tie source or rnodification 

### woutd be

### a nonprofit treatth or 

### nonprofit educational institution, 

### or a

major modificationwould 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 iffugitive

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 incineratorscapable of charging more than 250tons 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 atotal 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 ofAugust 

### 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 ofthe source atthe new

location would betemporary; and 3'7

## '4'3.2 The emissionsfrom the sourcewould not exceed itsallowable emissions; and 

## 3'7'4'3'3 The emissions fromthe source would impact no Class Iareaand no area where an applicable

increment is known to beviolated; and 

## 3'7'4'3'4 Reasonable notice is given to the Department priorto

### the relocation identifying the proposed

new location and

### the probable duration of operation atthe new location.

### sutrriotice shall be

### 14 

### TITLE 

## NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL DELAWARE 

## ADM I

### N 

### ISTRATIVE CODE

given to the Department not lessthan 10days in advance ofthe proposed relocation unless a different time duration is previously approved bythe 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 

### ifthe 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 ofthis regulation shall not apply

### to a major stationary source or major modification with respect to a particular pollutant, ifthe allowable emissions ofthat pollutant from the source, or the net emissions increase ofthat pollutant from the modification: 

# 3.7.6.i Would impact no Class Iarea 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 newsource or

### the net emissions increase of the

pollutant fromthe 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 oivolatile organic compounds or nitrogen oxides subject to PSD 

### would 

### be required

### to perform 

### an ambient impact analysis including

### the gathering of ambientair qualitY data.l 3.7.7

# .2 The concentrations ofthe pollutant inthe 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 itwould have the potential to emit insignificant amounts. 

## 3.8.3 A major modification shall apply best available control technology for each pollutant subject

### to regulation under 

### the 

### cAA forwhich 

### itwould result 

### in

### a significant 

### net emissions increase

### at the source. This requirement applies 

### to each proposed emissions unit 

### atwhich 

### a net emissions increase in

### the pollutant would occur as a result of a physical change or change inthe method of operation inthe 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 ofthe 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 increasesor 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 ifthe emissions increase from the new stationary source alone or the modification alone would cause, in all areas, air quality impacts lessthan the following significant impact levels; Sig nificant Impact 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. 

### 3.10.1All estimates 

### of ambient concentrations 

### required under 

### 3.0

### ofthis regulation shall 

### be based 

### on the applicable air quality models, databases, and other requirements specified inthe "Guideline onAir 

### 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 itssubsequent revisions). This document is incorporated by reference. 

### 3'10.2 When an air quality impact model specified inthe "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 ofthis 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 determinethe 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 inthe area that the major stationary source or major modification would affect for each ofthe following pollutants: 

### 3.11.1.1.1 Forthe source, each pollutant that itwould have the potentialto 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

Increase

## 3.11.1.2 With respectto any such pollutantforwhich no National Ambient Air Quality Standard exists,the

analysis shall contain such air quality monitoring data asthe Department determines is necessary to assess ambient air quality forthat pollutant inany 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 ofthat pollutant would cause or contribute to aviolation 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 

### oneyear and shall represent 

### at least

### theyear preceding 

### receipt 

### of the application, except that, ifthe Department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorterthan oneyear (but not to be lessthan four months), the data that is required shall have been gathered over at leastthat shorter period. 

## 3.11.1.5 The owner 

### or operator 

### of 

## a proposedstationary source 

## or modification

### of volatile organic



### compounds 

## or nitrogen 

### oxides

### who satisfies 

## all

## ofthe 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 ratefor such source. Condition 

### 2:The applicant must certify that all existing major sources owned or operated bythe 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 bythe Department). Condition 3: Emission reductions ("offsets") from existingsources inthe area ofthe proposed 

### source (whether 

### or not under

### the same ownership) 

### are required such 

### that there 

### will be reasonable progress toward attainment ofthe 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 inthe affected 

### area (see 

### 40 CFR Part 51

### App S). Atmospheric simulation modeling 

### is not necessary for volatile organic compounds and NO". Fulfillment of Condition 3will be considered adequate to meet this condition forvolatile 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 

### ofthe 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, orare 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 ofthis 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 anydetermination 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 ofthe source or modification; 

## 3.12.1.3 A detailed description as towhat 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 technologywould be applied. 

### 3.12.2 Upon request ofthe Department,the owner oroperator shall also provide information on: 

## 3.12.2.1 The air quality impact 

### ofthe 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 hasoccurred since

### AugustT, 1977 or the applicable baseline date or dates. inthe areathe 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 

### ofthe 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 ofthe impact onvegetation having no significant commercial or recreational value. 

### 3-'13.2 The owner oroperator shall provide an analysis of the air quality impact projected forthe 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 inthe application or inthe information submitted. ln the event of such adeficiency, the date of receipt of the application shall be, forthe purpose of 3.0 of this regulation, the date onwhich 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 inatimely 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 

### ofthe 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 inwhich 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 Senda copy of the notice of public commenttothe applicant and to officiats and agencies having

cognizance 

### overthe location where 

### the proposed construction would occur as foilows: 

### the chief executives 

### of the city and county 

### wherethe 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 opportunityfor a public hearing for interested personsto appear and submit written or oral

comments 

### on the air quality impact 

### ofthe source 

### or modification, alternatives 

### to the source or modification, the controltechnology required, and other appropriate considerations. 

## 3'14'2'6 Consider 

### all written comments submitted within 

### atime 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 afterthe close ofthe public comment period, 

### the applicant may submit 

### a written response 

### to any comments submitted 

### bythe public. The Department shall consider 

### the applicant's response 

### in making 

### a final decision. 

### The bepartment 

### shall make 

### all comments available

### for public inspection 

### intne same locations 

### where the 

### Department 

### made available preconstruction 

### information relating 

### to the proposed source or modification. 

## 3'14.2.7 Make afinal 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 thefinal determination 

### and make such notification avaitable for



### public inspection 

### atthe same location 

### where

### the Department made available preconstruction information and public comments relating tothe source or modification. 

# 3.15 SourceObligation. 

### 3'15'1 Any owner 

### or operator 

### who constructs 

### or operates 

### a source or modification 

### not in accordance

### withthe application submitted pursuant to 3.0 ofthis regulation or with the terms of any approval to construct, or any owner or operator of a source or modification subject to 3.0 ofthis regulation who commences construction

### 18 

### TITLE 

## NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL DELAWARE 

## ADM IN 

### ISTRATIVE CODE

after the effective date ofthese 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, ifconstruction is discontinued for a period 

### of 18 months or more, or ifconstruction is not completed within a reasonabletime. The Department may extend

### the 1B-month period upon asatisfactory 

### 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 ofthe 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 suchtime that 

## a particular source 

### or modification 

### becomes

## a major stationary source 

### or major modification solely byvirtue of a relaxation inany enforceable limitation which was established after August 7, 1980 on the capacity ofthe source or modification otherwiseto emit 

### a pollutant, such as a restriction on hours of operation,thenthe requirements of 3.8 throug h 3. 15 of this regulation shall apply to the source or modification as though construction had notyet 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 asystem 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 orfunction; 

## 3.16.2.2 The owner or operator agrees

### to achieve a level 

### of continuous emissions reduction equivalent to

that 

### whichwould have been required under 

### 3.8.2

### of this regulation 

### by

### a date specified 

### by the Department. Such date shall not be laterthan 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 ofthis regulation based on

the emissions rate that the stationary source employing the system of innovative control technology would be required to meet onthe date specified bythe Department; 

## 3.16.2.4 The source or modificationwould not be before the datespecified bythe Department: 

### 3.16.2.4.1 Cause or contribute to aviolation of an applicable national ambientairquality standard; 

### or 

### 3.16.2.4.2 lmpact any Class Iarea; 

### or 

### 3.16.2.4.3 lmpact any area where anapplicable 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 ofthis 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 anytime thatthe proposed system is unlikely to achievethe 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 

### orthe approval 

### is withdrawn 

### in accordance

### with 3.16.3 

### ofthis regulation, the Department may allow the source or modification upto an additionalthree years to meet the requirement for the applicationof best available controltechnology 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 of4.3 ofthis 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 of 7 DE

### Admin. Code 1 102, afterAugust .l 1,2005 and 4-1

# .2 issubject 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 tothe requirements of 2.0 or 3.0 ofthis regulation, and 

# 4'1'4 has a potential to emit of equal to or greaterthanfive tons peryear ofvolatile organic compounds (VOC's) or, nitrogen oxides (NO,), or sulfur dioxide (SOz) or sulfurtrioxide (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 ofthe hazardous air pollutants (HAP's) listed in

### seltion 112(b) ofthe federal Clean Air Act. 

## 4.1.5 Reserved. 

# 4'2 Record keeping. 

### Any person exemptedfrom the requirements of 4.3 of this regulation because tne proposed 

### source 

### has emissions belowthe thresholds provided for 

### in 4.1.4 

### ofthis 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 technologythat limits emissions tothe atmosphere by utilizing any one of the following options listed below.The Department will assist inthe development of appropriate emission control technology determinations if requested bythe applicant. 

# 4'3'1'1 Emission controltechnology that meets the LAER requirements of 2.0 of this regulation, or 

# 4'3'1'2 Emission controltechnologythat 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, pursuantto

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 appliedto similar type of sources, innovative control technologies, modlfication ofthe 

### process

### or process equipment, other pollution prevention measures, 

### and combinations 

### of these measures. 

## 4'3'1'4'2 List the control technologies identified in4.3.1.4.1 of this regulation in descending order of air

pollution control effectiveness. 

## 4'3'1'4'3 Either propose 

### the most effective technology 

### onthe list generated under 4.3.1.4.2 

### of this

regulation for approval bythe Department, or demonstrate, based onthe criteria in4.3.1.4.3.1 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 relativeto 

### eactiimission control technology 

### onthe 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 

### FeasibilityAssessment:

### A demonstration 

### that

### the control technology is 

### technically infeasible, 

### based

### on physical, chemical, 

### or engineering principles,

### that 

## it is unproventechnology, or that technical difficultieswould prevenl 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 thatthe 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 thetechnology 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 usingthe techniques inthe latest edition of EPA's Control Cost Manual. Thejustification must show that the total and incremental costs of the control technology are greater thanthetotal and incremental costs ofthe 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 technologyshould be eliminated from consideration based on itsenergy impacts. The demonstration must show that thistechnology uses fuelsthat are not reliably available; orthatthe energy consumed by this technology is greaterthan the proposed technology or technologies, and that the extra energy used, when comparedwiththe air contaminant emission reduction benefits resulting from this technology,would make use ofthis technology unreasonable. 

## 4.3.2 All ofthe following information shall be submitted to the Department as part ofthe application submitted to the Department pursuant

### to 1 1.1of 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 ofthis

regulation, and 

# 4.3.2.2 The list, ifthis method was chosen, generated pursuant to 4.3.1.4.2 ofthis regulation and 

# 4.3.2.3 Any demonstration or demonstrations performed pursuant to4.3.1.4.3 ofthis 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 inadditionto anyother requirements of the State 

### of Delaware Regulations Governingthe Control ofAir Pollution. 

# 1.2 Any stationary source which will impact an attainment area or an unclassifiable area as designated bythe U.S. Environmental ProtectionAgency (EPA) pursuant 

### to Section 107 

### ofthe Clean 

### AirAct Amendments 

### of 1gg0 (CAA), issubjecttothe provisions of 3.0 ofthis regulation, Prevention of Significant Deterioration (PSD). 

# 1.3 Any stationary sourcewhich

### will impact

### a non-attainment area as designated by

### the EPA pursuant 

### to Section

107 of the CAA issubjectto2.0 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.Oof 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 in7 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 complywith 

### any applicable emission limit 

### or New Source Performance 

### Standard 

### or Emission Standard 

### lor aHazardous 

### Air Pollutant as 

### setforth in

### 7 DE

### Admin. Code 1100 Regulations Governing the Control ofAir Pollution. 

# 1.8 Any stationary source 

### that implements, 

### for the purpose 

### of gaining relieffrom 3.0 

### ofthis regulation, 

### by any physical or operational limitation on the capacity ofthe 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 itwould 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 issubject to review under 2.0 and 3.0 ofthis regulation as though construction had notyet commenced onthe source or modification. 

# 1.9 Definitions - Forthe purposes of this regulation



### "Actual Emissions" means 

### the actual rate 

### of emissions 

### of

## a pollutant 

### from 

### an emission 

### unit, as determined in accordance with thethree 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 atwo-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, andtypes of materials processed, stored, or combusted during the selectedtime period.



# . The Department may presume that source-specific allowable emissions for

### the unit are equivalent to the actual emissions ofthe unit.



# . For any emissions unit, which has not begun normal operations on the particular date, actual emissions 

# ' shall equal the potential to emit ofthe unit onthat date. 

### "Allowable Emissions" means

### the emissions rate of 

### a stationary source calculated using

### the maximum rated capacity of the source (unlessthe source is subjectto enforceable limits, which restrict the operating rate, or hours of operation,or both) and the moststringent 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 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 inwhich the major source or major modification establishing the minor source baseline date 

### would construct 

### or would have 

### anair 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 tothis regulation. 

### "Baseline 

### Concentration" means that ambient concentration level which exists inthe baseline area at the time of the applicable minor source baseline date. A baseline concentration isdetermined for each pollutant forwhich 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 emissionsof major stationary sources which commenced construction beforethe major source baseline date; but were not in operation bythe applicable minorsource 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 onwhich construction commenced afterthe major source baseline date; and



# . Actual emissions increases and decreases at any stationary source occurringafterthe 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, thisterm refers tothose 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 

### onthe 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 acase-by-case basis, takes into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modificationthrough 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 inemissions 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 makethe 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, setforth 

### 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 

### tothesame industrial grouping, 

### are located 

### on one 

### or more contiguous 

### or adjacent properties, and are under the control ofthe same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping ifthey belong tothe same "Major Group" (i.e., which

## TITLE

## 7 NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL 

## DEIAWAREADM INISTRATIVE CODE

3 have the same firsttwo digit code)as described inthe 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 appliedto construction of a major stationary source or major modification meansthat 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 

### ofthe source, 

### to be completedwithin a reasonabletime; 

### or 

# ' Entered 

### into binding agreements 

### or contractual obligations, 

### which cannot be canceled 

### or modified without substantial loss tothe owner or operator,

### to undertake a program of actual construction ofthe source to be completed within a reasonable time. 

### "Complete" means, 

### in reference 

### to an application 

### for

### a permit, 

### thatthe application contains 

### all of the information necessaryfor processingthe application. 

### "Condensable Particulate Matter" means material that isvapor phase at stack conditions, but condenses 

### and/or reacts upon cooling 

### and dilution in the ambient 

### airto form solid

### or liquid PM immediately after dischargefromthe stack. Note that 

### allcondensable PM isassumed to be in

### the PM2.5 sizefraction. 

### "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 PMcomprises two components: filterable PM and condensable PM.Thesetwo PM components have no upper particle size limit. 

### "Direct PMz.s" means combined filterable PM2.5 and condensable PM with anaerodynamic diameter less than or equal to2.5 micrometers.These solid particles are emitted directlyfrom an air emissions source or 

### activity,

### or arethe gaseous emissions

### or liquid dropletsfrom 

### an 

### air emissionssource

### or activity that condense to

### form PM at ambient temperatures. Direct PM2.5emissions 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 orwould havethe potential to emit any pollutant subject to regulation under the CAA. 

### "Enforceable" means any standard, requirement, 

### limitation

### or condition established by 

### an applicable federal orstate regulation or specified in a permit issued or order enteredthereunder, or contained in a SIP 

### approved by 

### the Administrator 

### of the U.S. Environmental Protection 

### Agency (EPA), and 

### which 

### can be enforced bythe Department and the Administrator ofthe EPA. 

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

### "Fugitive Emissions" means those emissionswhich could not reasonably passthrough astack, chimney, vent, or other functionally equivalent opening. 

### "Fixed capital 

### cost" means the capital neededto provide 

### allthe depreciable components. 

### "Greenhouse Gases (GHG)" means anair 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 

### ofthis 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 ofthe six greenhouse gases inthe pollutant GHG bythe gases associated 

### globalwarming potential as shown in

### Table 1-1 ofthis regulation.



# . Sum the resultantvalue for each gas to compute atpy CO2e
Table 1-1 GLOBAL WARM ING 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 FC-14 (Perfl uorometha ne ) PFC-1 16 (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

5



### "lnnovative Control 

### Technology" means any system of air pollution controlthat has not been adequately demonstrated in practice, but would have asubstantial likelihood of achieving greater continuous emissions reduction than any control system incurrent practice or of achieving at least comparable reductions at lower cost interms 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 increasethat is significant for either volatile organic compounds or nitrogen oxides shall be considered significant for ozone.



# . A physical change or change inthe method of operation shall not include:



# . Routine maintenance, repair and replacement;



# . Use of analternative fuel or raw material by reason of an order under sections 

### 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act

### of 1974 (or anysuperseding legislation) or by reason of a natural gas curtailment plan pursuant tothe Federal Power Act;



# . Use of analternative fuel by reason of an orderor 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 analternativefuel or raw material by astationary 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 

### ofthis regulation;



# . An increase 

### in

### the hours

### of operation 

### or in

### the production 

### rate, unlesssuch change 

### would be prohibited under 

### any previously issued permit condition which 

### was established after January 6, 1975;



# . Any change inownership at astationary source. 

### "Major Source Baseline 

### Date" means inthe case

### of PMro and SO2, January 

### 6, 1975; in

# the case of NO2, February 

### 8, 1988; and, inthe case of PM2.5,October 

### 20,2010. 

### "Major Stationary 

### Source" - See 2.2 and 3.'1ofthis regulation. 

### "Minor Source Baseline Date"



# . Minor Source Baseline date means the earliestdate

### afterAugust 7, 1977 inthe case of PMls and SOz; after February 8, 1988 inthe case of NOz; and, after October 20, 2011 inthe case of PM2.5, on which the first complete application issubmitted bya major stationary source or major modification subjecttothe requirements of 3.0 ofthis regulation.



# . The minor source baseline 

### date 

### is established

### for each pollutant

### for which increments 

### or other equivalent measures have been established if:



# . The area inwhich the proposed source or modification would construct is designated as attainment or unclassifiable forthe pollutant onthe date of its complete application under 1.0 ofthis regulation; and ln 

### the case of 

### a major stationary source, 

### the pollutant

### would be emitted in significant amounts, 

### or, inthe case of a major modification,therewould be asignificant 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 meansthe amount bywhichthe sum of the following exceeds zero:

## TITLE 

## NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL DELAWARE 

## ADM I

### N

## ISTRATIVE CODE



# - Any increase 

### in actual emissionsfrom 

### a particular physical 

### change 

### or change 

### in method of operation at a stationary source; and



# . Any other increases and decreases inactual eniissions atthe source that are contemporaneous withthe particular change and areotherwise creditable.



# . An increase or decrease in actual emissions iscontemporaneous with the increase from the particular change only if itoccurs between:



# . The date fiveyears before construction onthe particular change commences; and



# . The date that the increase fromthe particular change occurs.



# . An increase or decrease in actual emissions is creditable only ifthe Department has not relied 

### on it in issuing a permit for the source underthis regulation, which permit is in effect when the increase in actual emissions fromthe particular change occurs.



# . An increase or decrease in actual emissions of sulfur dioxide or particulate matter which occurs before the applicable baseline date iscreditable only if it is required to be considered incalculating 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 inactual emissions is creditable only tothe 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 afterthe time that actual construction onthe particular change begins; and



# . lt has approximately 

### the same qualitiative 

### significance

### for public health 

### and welfare 

### as that attributed to the increase fromthe particular change.



# . lt has not been adopted bythe Department as a required reduction to be made part of the SIP or it is not required bythe Department pursuant to an existing requirement of the SlP.



# . An increase that results from a physical change at asource 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, notto exceed 180 days. 

### "Ozone 

### Transport Region" means the region designated by section 184 ofthe federal Clean AirAct 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 Areathat 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 oroperational limitation onthe capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or onthe type or amount of material combusted, stored, or processed, shall be treated as part of its design ifthe limitation or the effect itwould have on emissions isenforceable. Secondary emissions do not eount indeterminingthe 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 havetaken 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 towhether reconstruction has occurredshall be made in accordance with the provisions of40 

### CFR 

### 60.15(fxl)-(3).

### A reconstructed 

### stationarysource

### will betreated

### as 

### a new stationary 

### source for purposes 

### of this regulation. In determining lowest achievable emission rate (LAER) 

### for 

### a reconstructed stationary source, the provisions of40 CFR 60.15(f)(4) shall betaken into account inassessingwhether a new source performance standard isapplicable 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 ofthe construction or operation 

### of a major stationary source 

### or major modification, but 

### do not come 

### fromthe 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 

### areaas the stationary source 

### or modification which 

### €usesthe 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 notothenrise be constructed or increase 

### its emissions 

### as

### a result 

### ofthe 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 asource to emit any

### of the following pollutants, a rate of emissions that would equal or exceed any ofthefollowing rates: Pollutant and Emissions Rate Carbon monoxide: 100 tons per year (TPY) Sulfur dioxide: 40TPY Particulate matter: 25 TPY Ozone: New Castle and Kent Counties 

### -25TPY of eithervolatile organic compounds or nitrogen oxides 

### " Sussex County -40 TPY of eithervolatile organic compounds or nitrogen oxides * Lead: 0.6 TPY Asbestos: 0.007TPY Beryllium: 0.0004 TPY Mercury:0.1 TPY 

### Vinylchloride: 1TPY Fluorides: 3TPY Sulfuric acid 

### mist 7TPY Hydrogen sulfide (H2S): 10TPY Total reduced sulfur (including HzS): 10TPY Reduced sulfur compounds (including HzS): 10TPY PMls particulate: '15TPY PM2.5: 10TPY 

### of direct PMz.s emissions; 

### 40TPY 

### of sulfur dioxide emissions; 

### 40TPY nitrogen oxide emissions. *Note: lncreases in net emissions shall not exceed 25 tons per year in New Castle and Kent Counties, or 40 tons peryear in Sussex, when aggregated with all other net increases inemissions from the source over any period 

### offive consecutive calendar years 

### which includes 

### the calendar 

### year inwhich 

### such increases occur. No part of the five consecutive years 

### shallextend beforeJanuary 1, 1991. 

### (b) 'Significant" means, 

### in reference 

### to 

### a net emissions increase 

### or the potential 

### of

### a source 

### to emit a pollutant subjectto regulation under the CAAthat (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 Iarea, 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 installationwhich emits or may emit any air pollutant subjectto regulation under the CAA. 

### "subject to Regulation" means, for any air pollutant, that the pollutant issubject to either a provision inthe Clean 

### AirAct, 

### or 

### a nationally-applicable regulation 

### codified 

### by EPA,that requires 

### actualcontrol 

### of the quantity of emissions ofthat pollutant, and that such a control requirement hastaken effect and isoperative 

### to control, limit 

### or restrict 

### the quantity 

### of emissions 

### of that pollutant released 

### from the regulated activity. Except that GHG shall not be subjectto regulation except as follows:

## TITLE 

## NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL DELAWARE 

## ADM IN 

## ISTRATIVE CODE

8 

# (a) Beginning January

### 2,2011, the pollutant GHG shall besubjectto 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 orwill 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 CAAthat 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 besubjectto regulation:



# . Ata new stationary sourcethat 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 

### inthe 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 asignificant emissions increase and a significant net emissions increase occur. 

### "Surplus" (Reductions) means actual emission reductions below the baseline (see 2.5.2 ofthis regulation) not required by regulations or proposed rpgulations, and not used bythe 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 hasthe potential to emit, 100 tons per year or more of any pollutant subject

### to regulation under the Clean Air Act, exceptfor eithervolatile organic compound or nitrogen oxides, or 

## 2.2.2 Any stationary source 

### ofair pollutants 

### which emits, 

### or hasthe potential 

### to emit, either volatile organic compounds, or nitrogen oxides, inthe following amounts: 

# 2.2.2.1 For areas 

### in ozone attainment, 

### ozone marginal, 

### or ozone moderate nonattainment 

### areas and

located inthe ozone transport region - 50 tons peryear volatile organic compounds or 100tons per year of oxides of nitrogen, 

### or 

# 2.2.2.2 For seriousozone nonattainment areas - 50tons peryear of eithervolatile organic compounds or

oxides of nitrogen, 

### or 

# 2.2.2.3 For severe ozone nonattainment areas -25tons per year of eithervolatile organic compounds or

oxides of nitrogen, 

### or 

# 2.2.2.4 For extreme ozone nonattainment areas 

### - 10tons per year of either volatile organic compounds or

oxides of nitrogen. 

## 2.2.3 Any physical change that 

### would occur 

### ata stationary source 

### not qualifying under 

### 2.2.1 or 2.2.2

### of this regulation as a major stationary source, ifthe 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 Forthe purposes of

### 2.4 and 2.5 ofthis regulation, emission units located in areas designated as attainment or marginal nonattainment areasthat 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 

### tothe provisions 

### of2.1 

### of this regulation 

### shall install

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

### to 

### a sourcewhich

### 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) controltechnology. 

## 2.4.2 All existing sources inthe Stateowned or controlled bythe owner ofthe proposed new or modified source 

### are in compliance 

### with 

### the applicable 

### local, State and federal regulations 

### or are in compliance 

### with a consent orderspecifying aschedule and timetablefor compliance. 

## 2.4.3 The new or modified source must satisfythe following 

### ofbet requirements: 

# 2.4.3.1 The ratio oftotal actual emissions reductions ofvolatile organic compounds or nitrogen oxides to

total allowable increased emissions ofvolatile 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 Forserious 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 befederally enforceable atthe time of applicationto construct and shall be in effect

bythe timethe 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 

### controltechniques 

### for such proposed source which demonstrates that benefits ofthe 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 allowedfor emission reductions made below the baseline; 

## 2.5.3 Emission reductions claimed as offsets shall haveoccurred on or afterJanuary 1, 1991; 

## 2.5.4 Credit for an emission reduction may be claimedfor use as anoffset tothe extent that the Department has 

### not relied 

### on it in issuing 

### any permit under 

### this regulation 

### and has not relied 

### on itfor demonstration 

### of attainment or reasonablefurther progress; 

## 2.5.5 Emission reductionsshall not be used as offsets inan area with a higher nonattainment dlassification than the one inwhich 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 inthe nonattainment area which the source is located. 

## 2.5.7 The Department 

### may allow 

### the offset requirement 

### in 2.5 

### ofthis regulation 

### for direct PM2.5emissions 

### or precursors of PM2.5 (sulfur dioxide or NOx) to besatisfied by offsetting reductions indirect PM2.5 emissions or emissions ofsulfur dioxide or NOx using a ratio approved bythe Department for the nonattainment area after public review and comment. Priorto making afinaldetermination onthe 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 tothe EPA for concurrence. 

# 2.6 Emission reductions generated 

### in a state other 

### than Delaware and which 

### are placed 

### inthe emissions bank 

### established pursuant 

### to

## 7 DEAdmin. 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 ofthis regulation.
08t11t12 

# 3.0 Prevention of 

### Significant Deterioration of

### Air Quality 

# 3.1 Definitions - Forthe purposes of 3.0 ofthis regulation: Major 

### Stationary Source" means:



# . Any ofthefollowing stationary sources of air pollutants which emits or has the potential to emit, 100 tons per year or more of any pollutant subjectto regulation under the CAA: Fossil fuel-fired steam electric plants 

### of more than250 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 

### perday, 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 leadsmelters, fuelconversion p@nts, sintering plants, secondary metal production plants, chemical process plants,fossilfuel boilers (or combinations thereof) totaling morethan 250 million British thermal units 

### per hour heat input, petroleum storage and transfer units

### with atotal storage capacity exceeding 300,000 barrels,taconite ore processing plants, glass fiber processing plants, and charcoal production plants;



# . Notwithstanding the stationary sourcesize specified inthe above paragraph, any stationary source which emits, or hasthe potential to emit, 250 tons peryear or more of any air pollutant subjectto regulation under the CAA;or



# . Any physical change that would occur at astationary source not otherwise qualifying under the preceding paragraph as a major stationary source, ifthe change would constitute a major stationary source by itself. 

## A major stationarysource 

### that 

### is major 

### for volatile organic compounds 

### or nitrogen oxides 

### shall be considered major for ozone. 

# 3.2 Ambient

### Air Increments. In areasdesignated as Class 

### l, 

### ll or 

### lll, increases in pollutant concentration overthe baseline c,oncentration shall be limited tothe following: 

### Maximumallowable 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 

### anannual period, 

### the applicable maximum allowable increase 

### may be exceeded during one such period per year at any one location. 

# 3.3 Ambient Air Ceilings. Noconcentration 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 onArea Classification. 

## 3.4.1 AllAreas inthe State of Delaware are designated Class 

### ll, but may be redesignated as provided in40 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 insize. 

# 3.5 Exclusions from Increment Consumption 

## 3.5.1 Upon written request ofthe governor, made after notice and opportunity for at least one public hearing to be held inaccordance with procedures established by the State of Delaware, the Department shall exclude the following concentrations indetermining compliance with a maximum allowable increase: 

# 3.5.1.1 Concentrations aftributable 

### tothe increase 

### in emissions

### from stationarysources

### which have

converted fromthe use of petroleum products, natural gas, or both by reason of an order ineffect under sections 2(a) and 2(b) ofthe Energy Supply and Environmental Coordination Act

### of 1974 (or any superseding legislation) overthe 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 overthe emissions from such sources before the effectivedate of such plan; 

# 3.5.1.3 Concentrations of particulate matter attributable tothe 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 fiveyears after the etfective date ofthe order to which 3.5.1.1 

### of this regulation refers 

### orthe plan 

### towhich 3.5.1.2 

### of this regulation refers, whichever is applicable. 

### lf both such order and plan areapplicable, no such exclusion shall apply more thanfive 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 Nostationary source or modification towhichthe 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 authorityto issue anysuch permit.
3.7

# .2 The requirements of 3.8 through 3.15 ofthis regulation shall apply to any major stationary source and any major modification

### with respect

### to each pollutant subject 

### to regulation under 

### the CAA that itwould emit, except as 3.0 ofthis regulation otherwise provides. 

## 3.7.3 The requirements of 3.8 through 3.15 ofthis regulation apply only to any majorstationary source or major modification that would be constructed in an areadesignated 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 modificationwould 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 iffugitive

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 ofthefollowing 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 morethan 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 Cokeoven 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 morethan 250 million British thermal units

per hour heat input: 

### 3'7'4.2.22 Petroleum storage and transfer units with atotal 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 ofAugust

### 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 proposalto relocate the source and emissions of the source atthe new

location would betemporary; and 

## 3.7.4.3.2 The emissions fromthe source would not exceed its allowable emissions; and 

## 3'7'4'3'3 The emissions fromthe sourcewould impact no Class Iarea and no area where anapplicable

increment is knownto beviolated; 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 ofthe proposed relocation unless a different time duration is previously approved bythe Department' 

## 3.7.5 The requirements of 3.g through 3.15 ofthis regulation shall not apply to a major stationary source or major modification 

### with respect 

### to

### a particular pollutant 

### ifthe 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, ifthe allowable emissions ofthat pollutant fromthe source, or the net emissions increase ofthat pollutant fromthe modification: 

# 3.7.6.1 Would impact no Class Iarea and no area where an applicable increment is known 

### to beviolated,

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 ofthe pollutantfromthe newsource or the net emissions increase of the

pollutant fromthe 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 oivolatile 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 ofthe pollutant inthe area that the source or modification would affect are less

than the concentrations lisied in

### 3.7.7.1of this regulation, orthe 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 ofthe 

### 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 CARtnat itwould n'avetne potential to emit in significantamounts' 

## 3.g.3 A major modification shall apply best available control technology 

### for each pollutant subject

### to regulation 

### under

### thecAA for which 

### itwould result 

### in

### a significant 

### net emissions increase

### at the source. This requirement applies 

### to each proposed emissions unit 

### atwhich 

### a net emissions increase in

### the pollutant would occur as a result of a pnysical change or change inthe method of operation inthe 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 

### atthe latest reasonable 

### timewhich occurs 

### no later

### than 18 

### months prior to commencement 

### of construction 

### of each independent 

### phase

### ofthe 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 

### ofthe 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 overthe baseline concentration in any area. 

## 3.9.2 The demonstration required in 3.9.1 

### willbe deemedto have been made ifthe emissions increasefromthe new stationary source alone or the modification alone would cause, in all areas, air quality impacts lessthan 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 

### ofthis regulation 

### shall 

### be based 

### on the applicable airquality models, databases, and other requirements specified inthe "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 

### tothe notice and opportunity for public comment under 3.15 ofthis regulation.Written approval of

### the Department must be 

### obtained 

### for any modification

### or substitution. Methods 

### like those outlined 

### inthe '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 

### 3.0of this regulation shall contiain 

### an analysis 

### of ambient air

quality inthe area thatthe major stationary source or major modification would affect for each of the following pollutants: 

### 3.11.1.1.1 Forthe source, each pollutant that itwould have the potential to emit in asignificant amount; 

### 3.11.1.1.2 For

### the modification, 

### each pollutant 

### for which 

### itwould result 

### in

### a significant 

### net emissions

tncrease. 

## 3.1'1.1.2 With respect to any such pollutant for which no NationalAmbient 

### Air Quality Standard exists, the

analysis shall containsuch airquality monitoring data as the Department determines is necessary to assess ambient air quality for that pollutant inany area that the emissions ofthat pollutant would affect. 

## 3.11.1.3 With respect

### to anysuch pollutant (other 

### than non-methane hydrocarbons) 

### forwhich such a

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

### 16 

## TITLE 

## NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL DELAWARE 

## ADM IN 

## ISTRATIVE CODE

purposes of determining whether emissions ofthat pollutant would cause or contribute to aviolation 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 

### oneyear 

### and shall represent

### at least

### theyear preceding 

### receipt 

### of the application, exceptthat, ifthe Department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than oneyear (but not to be lessthan 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 lieuof 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 allexisting major sources owned or operated bythe 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 underthe CAA (or are in compliance with an expeditious schedule approved bythe Department). Condition 3: Emission reductions ("offsets")from existingsources inthe areaofthe proposed 

### source (whether

### or not under

### the same ownership) 

### are required such 

### that there 

### will be reasonable progress toward attainment ofthe 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 inthe affected 

### area (see 

### 40 CFR Part 

### 51App. S). Atmospheric simulation modeling 

### is not necessary for volatile organic compounds and NO,. Fulfillment of Condition 3will be considered adequaie to meet this condition forvolatile 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 

### ofthe 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, orare having, on air quality inany 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 PSDAir Monitoring as preapproved bythe 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

### ofthis 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 towhat system of continuous emission reduction is planned forthesource



### or modification, emission estimates, and any 

### other information necessary to determine that best available controltechnology would be applied. 

### 3.12-2 Upon request ofthe 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, inthe area the source or modificationwould affect.

## TITLE

## 7 NATURAL RESOURCES 

# & ENVIRONMENTAT CONTROL 

## DEIAWAREADMIN ISTRATIVE CODE

17 

# 3.13 Additional lmpact Analyses. 

### 3.13.1 The owner 

### or operator shall provide 

### an analysis 

### ofthe impairment 

### tovisibility, 

### 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 ofthe impact onvegetation having no significant commercial or recreational value. 

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

### of general commercial, residential, industrial and other growth associated withthe 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 inthe application or inthe informationsubmitted. In the event of such a deficiency, the date of receipt ofthe application shall be, for the purpose of 3.0 of this regulation, the date on whichthe Department received all required information. 

### 3.14.2 Within one year after receipt of a complete application, the Department shall make afinaldetermination on the application. This involves performingthe following actions in atimely manner: 

## 3.14.2.1 Make 

## a preliminary determinationwhether 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 Notifythe public, byadvertisement ina newspaper of general circulation ineach region inwhich 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

## "'":ffi".",: 3.14.2.4 Send a copy ofthe notice

### of public comment tothe 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 byemissionsfrom 

### 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 submitwritten or orar

comments 

### on the air quality impact 

### of the source

### or modification, alternatives 

### to the source or modification,the controltechnology required, and other appropriate considerations. 

## 3.14.2.6 Consider 

### allwritten comments submitted within 

### a time specified in

### the notice 

### of public comment



### and all comments received 

### at any public hearing 

### or hearings 

### in making 

### afinal decision 

### on the approvability of the application. No later than 10 days afterthe close ofthe 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 afinal determinationwhether construction should be approved, approvedwith conditions, 

### or

disapproved pursuant to 3.0 of this regulation. 

## 3.'14.2.8 Notify 

### the applicant in writing 

### of thefinal determination 

### and make 

### such notification available for



### public inspection 

### atthe same locationwhere 

### 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 applicationsubmitted pursuant to 3.0 of this regulation orwith the terms of any approval to construct, or any owner or operator of a source or modification subjectto 3.0 ofthis regulation whocommences construction

## TITLE 

## NATURAL RESOURCES 

# & ENVIRONMENTAL CONTROL DELAWARE 

## ADM INISTRATIVE CODE

18 after the effective date ofthese regulations without applying for and receiving approval hereunder, shall be

subject to appropriate enforcement action. 

### 3.15.2 Approval to construct shall become invalid ifconstruction is not commenced within 18 months after receipt of such approval, ifconstruction isdiscontinued 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 asatisfactory 

### 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 suchtime 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 onthe capacity ofthe source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, thenthe requirements of 3.8 through 3.15 ofthis regulation shall apply to the source 

### or modification as though construction had not yet commenced onthe source or modification. 

# 3.16 InnovativeControlTechnology. 

### 3.16.1 An owner 

### or operator 

### of

### a proposed 

### major stationarysource

### or major modification 

### may request the Department inwriting 

### no later than 30 days after 

### the close 

### of the public comment hearing 

### to approve a system of innovative controltechnology. 

### 3.16.2 The Department 

### shall, 

### with the consent 

### of the Governor

### of Delaware, 

### determine

### that the source or modification may employa 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 itsoperation or function; 

## 3.16.2.2 The owner or operator agreesto 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 ofthis regulation based on

the emissions rate that the stationary source employing the system of innovative control technology would be required to meet onthe datespecified bythe Department; 

## 3.16.2.4 The source or modification would not be before the datespecified bythe Department: 

### 3.16.2.4.1 Cause or contributeto aviolation of an applicable national ambientair quality standard; 

### or 

### 3.16.2.4.2 lmpact any Class Iarea; or 

### 3.16.2.4.3 lmpact any area where an applicable increment is known to beviolated; and 

## 3.16.2.5 All other applicable requirements including thosefor 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 ofthis 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 systemfails 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 anytimethat

### the proposed system is unlikely to achieve the required

level of control orto 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 

### withinthe 

### 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 meetthe requirement for the application of best available control technologythrough 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 of4.3 of this regulation shall apply to any person responsible for any proposed new stationary source, the construction ofwhich: 

## 4.1.1 was applied for, 

### pursuantto 11.0

### ot7 DE

### Admin. Code 11O2, afterAugust 11, 2005 and 

## 4.1.2 is subjecttothe construction, installation, or alteration requirements of 2.1.3 of 7 DE

### Admin. Code 1102, and 

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

## 4.1.4 has a potential to emit of equal to or greater thanfive tons peryear ofvolatile organic compounds (VOC's) or, nitrogen oxides (NO,), or sulfur dioxide (SOz) or sulfur trioxide (SO3) or both [alsotermed 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, inthe aggregate, of any of the hazardous air pollutants (HAP's) listed inSection 112(b) of the federal Clean Air Act. 

## 4.1.5 Reserved. 

# 4.2 Record keeping. Any person exempted from 

### the requirements of4.3 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 forApproval. Any person subject tothe provisions of 4.3 ofthis regulation shall meet the appropriate requirements of4.3.1 and 4.3.2 of this regulation: 

## 4.3.1 The 

### newstationarysourceshall, relativetoeach pollutantidentified 

### in4.1.4 ofthis regulation, becontrolled by installing and operating emission controltechnology that limits emissions tothe atmosphere by utilizing any one ofthe following options listed below. The Department will assist inthe development of appropriate emission controltechnology determinations if requested bythe applicant. 

# 4.3.1.1 Emission controltechnology 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 

### bythe 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

thefollowing process: 

## 4.3.1.4.1 ldentify and evaluate 

### air pollution controltechnologies that may beappliedto the source. The

control alternatives need not be limitedto existing controls for the source category. Consider controls appliedto 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 Listthe control technologies identified in4.3.1.4.1 ofthis 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 bythe Department, or demonstrate, based onthe criteria in4.3.1.4.3.1 through 4.3.1.4.3.4 ofthis regulation below,that the most effective technology is infeasible 

### or unreasonable. This process for evaluation shall be repeated relativeto each emission control technology 

### on

### the list generated under 4.3.1.4.2 

### ofthis 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, orthat technical difficulties would prevent itssuccessful 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 ofthe 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 ofthe 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 inthe latest edition of EPA's Control Cost Manual. Thejustification must show that the total and incremental costs ofthe control technology are greater than the total and incremental costs ofthe next less effective technology 

### onthe list generated under 4.3.1.4.2; 

### and that 

### the extra costs, when compared 

### withthe 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 thistechnology uses fuelsthat are not reliably available; or thatthe energy consumed by this technology isgreater than the proposed technology ortechnologies, and that the extra energy used, when compared with the air contaminant emission reduction benefits resulting from this technology, would make use ofthis technology unreasonable. 

## 4.3.2 All ofthe following information shall be submitted tothe Department as part ofthe application submittedto 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 of4.3.1 ofthis

regulation, and 

# 4.3.2.2 The list, ifthis method was chosen, generated pursuant to4.3.1.4.2 ofthis 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