STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFICE OF THE

SECRETARY 89 KINGS HIGHWAY DOVER, DELAWARE 19901 

### March 14,2012

Mr. ShawnM. Garvin (3RAOO), Regional Administrator U. S. Environmental ProtectionAgency, Region 

### III 1650 Arch Street Philadelphia, PA 19103-2029

# DearMr.G**~-** PHONE: (302) 739-9000 FAX: (302 ) 739-6242



### I am pleasedto submitthe enclosedrevisionto the State ofDelaware StateImplementation Plan(SIP). Therevision is to 7DEAdmin. Code 1125

- REQUIREMENTS FOR PRECONSTRUCTION REVIEW, Sections 1.9

- Definition; 2.0 Emissions OffsetProvision; and Section 3.0

- Prevention ofSignificantDeteriorationofAir Quality. The amendmentsto 1125 allow majornew sourcereview (NSR) permitting ofqualifying sources ofparticulatematterwithan aerodynamicdiameterequalto orlessthan2.5 micrometers (PM2.5) and ofsources oftwo PM2 .5 precursors, sulfurdioxide andnitrogen oxides. Thisrevisionis effective February 11,2012. Therequirements ofthe CAA Section 110(a)(2)(A)havebeenmetthroughthenormalpublic hearingprocess establishedbythe State ofDelawarewithpropernotification (30 days) priorto the convening ofthepublichearing. Attachments A andB are copies ofaffidavits as proofofproper notification. It

### is thepositionofthe State ofDelawarethat all minimumrequirements setforth inthe 1990 CleanAirActAmendmentshave beenmet. Also enclosedwiththis submittal is a CD whichcontains an exactduplicate ofthehard copy 

# , material submittedwiththis SIP revisionpackage. We look forward to continuingthe cooperative effortbetweenDelaware andEPAinthis importantwork. Asalways, feel free to contactmeorAli Mirzakhalili, Director, DivisionofAir Quality, (302) 739-9402, ifyouhave any questionsconcerningthe enclosed documents.

# ~~'**~~ 'Mara**  Secretary Enclosures

cc: Amie Howell,w/ o 

### encl. Ali Mirzakhalili DianaEsher, EPAw/encl.- '

OFFICE OF THE SECRETARY STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL 89 KINGS HIGHWAY DOVER, DELAWARE 19901 

### Secretary's OrderNo.: 2012-A-0003 PHONE: (302) 739-9000 FAX: (302) 739-6242



### RE: ApprovingFinalRegulations to Amend7DEAdmin. Code 1125, 

### Requirements forPreconstructionReview, Sections 1.9 ("Definitions"),2.0 ("Emissions OffsetProvisions"), and3.0 ("Prevention ofSignificantDeteriorationof AirQuality [PSD)")

DateofIssuance: January 17,2012 EffectiveDate oftheAmendment: February 11,2012



### 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 ofthe Secretary in the abovereferencedrulemaking proceeding

. Background andProceduralHistory 

### This Order considers proposed revised

### regulations to amend 7 DE Admin. Code 1125, Requirements for Preconstruction Review: Sections 1.9 ("Definitions"), 2.0 ("Emissions Offset Provisions"), and 3.0 ("Prevention ofSignificantDeterioration ofAir Quality [PSD]). The Department's Division of Air Quality commenced the regulatory development process with Start Action Notice 2011-01. The Department published its initial proposed regulation Amendments in the May 1, 2011 Delaware Register 

### of Regulations, 

### and held a public hearing on May 23, 2011. It 

### should be noted that public

### comment was received bythe Department withregardto this proposed promulgation, and the Departmentprovided a very thorough and detailedresponse to the same The proposed amendments to 7 DE Admin. Code 1125 are required by the U

.S. Environmental Protection Agency ("EPA") to allow new source review permitting of qualifying emission sources ofparticulate matter ("PM") with an aerodynamic diameter equal to or less than 2

.5 micrometers (PM2.5) and of emission sources of two PM2

.5 precursors, sulfur dioxide and/or nitrogen oxides, to conform to the requirements ofthe EPA PM2

.5new source review permitting program, as shown in 73 FR28321 and 75 FR 64864

.Previously, particulate matter was regulated in the size range ofequal to or less than 10 micrometers in diameter. EPA has since determined that PM in the smaller size range was more detrimental to public health, as they were more easily inhaled by people and would lodge in the lungs and not be easily removed, causing numerous breathingrelated problems

. EPA established air quality standards for PM2.5 in 1997. Sincethen, the standards have beenrevised, butimplementationwas delayed by various court challenges. OnMay 16, 2008, EPApublished a final rule defining the new source reviewpermitting program for PM2

.5 (73 FR 28321). This rule also set-up a transitional permitting program and required State ImplementationPlan (SIP) approved states, such as Delaware,to adopt and submit SIP revisions within three years ofrule publication

. Therefore, this proposed promulgation action is necessary for Delaware to remain compliant with the aforementioned EPArule which defines the newsource reviewpermittingprogram.



## 2 "

.

### The Department's presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer's Report dated January 5, 2012 (Report). The Report recommends certain findings and the adoption ofthe proposed 

### revisedAmendments as attached to the Report

as Appendix 

### A.



### Findings and Discussion I find that the proposed 

### revised Amendments are well-supported by the record developed by the Department, and I adopt the Report to the extent it is consistent with this Order. The Department's experts developed the record and drafted the proposed Amendments. I find thatthe Department'sexperts in the Division ofAir Quality fully developed the record to support adoption ofthese 

### revisedAmendments. With the adoption ofthis Order, Delaware will (1) conform to the federal requirements concerning new source permitting of qualifying sources of particulate matter with an aerodynamic diameter equal to or less than 2.5 micrometers (PM2.5) and of sources oftwo PM2

.5precursors, sulfur dioxide (S02) and nitrogen oxides (NOx); and (2) correct several known typographical errors containedwithinthe current version ofthisregulation. In conclusion,the following findings and conclusions are entered: 1.) The Department hasjurisdiction under its statutory authority to issue an Order adopting theseproposedAmendments as final; 2.) The Department provided adequate public notice of the proposed Amendments, and provided the public with an adequate opportunity to comment onthe proposedAmendments, including atthepublichearingheldonMay23,2011;



### 3

### 3.) The Department held a public hearing on May 23, 2011 m order to considerpubliccommentbeforemaking 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 adoptedtoprovide additionalreasons andfindings for this Order; 5.) The recommended 

### revised Amendments should be adopted as final regulation Amendments because Delaware will be able to (1) conform to the federal requirements concerning new source permitting of qualifying sources of particulate matterwith an aerodynamic diameterequal to orless than 

### 2.5 micrometers (PM2

.5) and of

sources oftwo PM2.5 precursors, sulfur dioxide (S02) and nitrogen oxides (NOx); (2) correct several known typographical errors contained within the current version ofthis regulation; and, lastly, because (3) the amendments are well supported by documents in the record; 6.) The Department shall submit this Order approvmg the final 

### revised regulation to the 

### Delaware Register of Regulations for publication in its next available issue, andprovide suchothernotice as the lawandregulationrequire andthe Department determines is appropriate.

# ~~ CollinP. O'Mara Secretary Ahear\Reg

. 1125, Sect 1.9,2

.0 and 3

.0

.0RD



### 4I

TITLE 7 NATURAL RESOURCES 

### &ENVIRONMENTAL CONTROL DELAWARE ADMINISTRATIVE CODE 1100 Air Quality ManagementSection 1125 Requirements for Preconstruction Review 12/11/10 xxlxxI2011 1.0 General Provisions 1.1 Requirements ofthis regulation are in addition to any other requirements ofthe State of Delaware Regulations Governing the Control ofAir Pollution. 1.2 Any stationary source which will impactan attainmentarea oran unclassifiable area as designated by the U.S. Environmental Protection Agency (EPA) pursuant to Section 107 ofthe Clean AirActAmendments of 1990 (CAA), is subjectto the provisions of3.0 ofthis regulation, Prevention ofSignificant Deterioration (PSD). 1.3 Any stationary source which will impact a non-attainmentarea as designated by the EPA pursuant to Section 107 ofthe CAA is subjectto 2.0 ofthis regulation, Emission Offset Provisions (EOP). 1.4 A source may be subjectto PSD forone pollutant and to EOP for another pollutant, or may 

### affectboth attainmentorunclassifiable areas and a non-attainmentareaforthe same pollutant. 1.5 Any emission limitation represented by LowestAchievable Emission Rate (LAER) may be imposed by the Department pursuantto regulations adopted under2.0 ofthis regulation herein notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100 Regulations Governing the Control ofAir Pollution. 1.6 Any emission limitation represented by BestAvailable Control Technology (BACT) may be imposed bythe Department pursuantto regulations adopted under 3.0 ofthis regulation herein notwithstanding any emission limitspecified elsewhere in 7 DE Admin. Code 1100, Regulations Governing the Control ofAir Pollution. 1.7 No stationary source shall be constructed unless the applicant can substantiate to the Departmentthatthe source will comply with any applicable emission limitor New Source Performance Standard or Emission Standard for a Hazardous 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 ofgaining relieffrom 3.0 ofthis regulation, by any physical oroperational limitation on the capacity ofthe source to emita pollutant, including (but not limited to) airpollution control equipmentand restrictions on hours ofoperation oron the type oramount ofmaterial combusted, stored, or processed, shall be treated as partofits design and the limitation orthe effect itwould have on emissions is enforceable, notwithstanding any emission limitspecified elsewhere in 7 DE Admin. Code 1100 Regulations Governing the Control ofAir Pollution. Ifa source petitions the Departmentfor relieffrom any resulting limitation

### describe~ above, the source is subjectto review under2.0 and 3.0 ofthis regulation as though construction had notyet commenced on the source or modification. 1.9 Definitions

- Forthe purposes ofthis regulation "Actual Emissions" means the actual rate ofemissions ofa pollutant from an emission unit, as determined in accordance with the three subparagraphs below. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, orcombusted during the selected time period. The Department may presume that source-specific allowable emissions for the unit are equivalentto 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 emitofthe uniton that date. "Allowable Emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits, which restrict the operating rate, or hours ofoperation, or both) and the most stringent ofthe following: The applicable standards

as setforth in 7 DE Admin. Code 1120 and 1121; Other applicable Delaware State Implementation 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 partthereof) deSignated as attainmentor unclassifiable in which the majorsource or major modification establishing the minorsource baseline datewould construct orwould have an air quality impactequal to orgreaterthan one tJ§Im3 (annual average) ofthe pollutantforwhich the baseline date is established, asfollows: equal to orgreaterthan one 

### !.Ig/m3 (annual average). for SOl. NOZI or PM 10; or equal to or greater than 0.3 

### yg/m3 (annual average) for PM,5"- Area redesignations cannot intersect or be smaller than the area of impact of any major stationary source or major modification which: Establishes a minorsource baseline date, or Is subjectto this regulation. "Baseline Concentration" means that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is

### determined for each pollutant for which a minor source baseline date is established and shall include:The actual emissions representative of sources in existence on the applicable minor source baseline date, except as listed under Exceptions below

. • The allowable emissions ofmajor stationary sources which commenced construction before January 6, 1975 the major source baseline date, but were not in operation by the applicable [minorsource[ baseline date. Exceptions: The following will not be included in the baseline concentration and will affectthe applicable maximum allowable increase or increases: Actual emissions from any major stationary source on which construction commenced afterJanuary 6, 1975 the majorsource baseline date; and Actual emissions increases and decreases at any stationary source occurring after the minorsource baseline date.

"Major Source Baseline Date" means in the case of PM 10 

### and SO,. January 6. 1975; in the case of NO" February 8. 1988: and. in the case of PM,s. October20.2010.

"MinorSource Baseline Date" Minor Source Baseline 

### QGate means the earliest date, afterAugust 7, 1977 in the case of PM 10 

### and SO,: after February 8. 1988 in the case of NO,: and. after October20. 2011 in the case of 

### PM2.5.1. on which the first complete application is submitted by a major stationary source or major modification subject to the requirements of 3.0 of this regulation. Baseline date means the earliest date afterAugust 7, 1977, but before the effective date ofthis regulation, on which the first complete application by a major stationary source or major modification which '

....ould have been subject to the requirements of 3.0 of this regulation ifapplication '.'Iere submitted afterthe effective date 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 in which the proposed source or modification would construct is deSignated as attainment or unclassifiable for the pollutant on the date of its complete application under 1.0 ofthis regulation; and In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase ofthe pollutant. "Begin Actual Construction" 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. With respect to a change in method of operations,this term refers to those on-site activities otherthan preparatory activities which markthe initiation ofthe change. "Best Available Control Technology (BACT)" means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under CM which would be emitted from any proposed major stationary source or major modification which the Department, on a case-by-case basis, takes into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control ofsuch pollutant. In no event shall application ofbest available control technology result in emissions ofany pollutantwhich would exceed the emissions allowed by any applicable standard under 7 DE Admin. Code 1120 and 1121. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation ofsuch design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. "Building, Structure, Facility, or Installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same first two digit code) as described in the Standard Industrial Classification Manual, 1972, 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 NOx pollutant-emitting activities}, this definition shall apply only to the "Building, Structure or Facility". "Commence" as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has: Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction ofthe source to be completed within a reasonable time. "Complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application. "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. "Condensable Particulate Matter" means material that is vapor phase atstack conditions, but condenses and/or reacts upon cooling and dilution in the ambient airto form solid or liquid PM immediately afterdischarge from the stack. Note that all condensable PM is assumed to be in the PM2.5 size fraction."Direct Particulate Matter" means particles that enterthe atmosphere as a direct emission from a stack oran open source. Direct PM comprises two components: filterable PM and condensable PM. These two PM components have no upper particle size limit. "Direct PMaA" means combined filterable PM'.5 and condensable PM with an aerodynamic diameter less than orequal to 2.5 micrometers. These solid particles are emitted directlyfrom an airemissions source oractivity. orare the gaseous emissions or liquid droplets from an air emissions source oractivity that condense to form PM atambienttemperatures. Direct PM'5 emissions include elemental carbon. directly emitted organic carbon. directly emitted sulfate. directly emitted nitrate. and other inorganic particles (including but not limited to crustal material. metals. and sea salt). "Emissions Unit" means any part ofa stationary source which emits orwould have the potential to emitany pollutant subject to regulation underthe CAA. "Enforceable" means any standard, requirement, limitation or condition established by an applicable federal or state regulation or specified in a permit issued or order entered thereunder, orcontained in a SIP approved by the Administrator ofthe U.S. Environmental Protection Agency (EPA), and which can be enforced by the Departmentand 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 on the filterofa stack testtrain. "Fugitive Emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, orotherfunctionally equivalent opening. "Fixed Capital Cost" means the capital needed to provide all the depreciable components. "Greenhouse Gases (GHG)" means an air pollutant composed of an aggregate group of six greenhouse gases; carbon dioxide (C02), nitrous oxide (N20), methane (CH4), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SFs). For the purposes ofthis regulation, the term C02equivaient emissions (C02e) shall represent an amount ofGHG emitted, and shall be computed as follows; Multiply the mass amount ofemissions (tpy), foreach ofthe six greenhouse gases in the pollutant GHG by the gases associated global warming potential as shown in Table 1-1 of this regulation. Sum the resultant value for each gas to compute a tpy C02e Table 1-1 GLOBALWARMING POTENTIALS Name CAS No. Chemical formula Global warming potential (100 yr.) Carbon dioxide 124-38-9 CO2 1 Methane 74-82-8 CH4 21 Nitrous oxide 10024-97-2 N20 310 HFC-23 75-46-7 CHF3 11,700 HFC-32 75-10-5 CH2F2 650 HFC-41 593-53-3 CH3F 150 HFC-125 354-33-6 C2HF5 2,800HFC-134 359-35-3 C2H2 F

4 1,000 HFC-134a 811-97-2 CH2 FCF3 1,300 HFC-143 430-66-0 C2 H3F3 300 HFC-143a 420-46-2 C2 H3F3 3,800 HFC-152 624-72--6 CH2 FCH2 F 53 HFC-152a 75-37--6 CH3CHF2 140 HFC-161 353-36-6 CH3CH2 F 12 HFC-227ea 431-89-0 C3HF7 2,900 HFC-236cb 677-56-5 CH2 FCF2 CF3 1,340 HFC-236ea 431--63-0 CHF2 CHFCF3 1,370 HFC-236fa 690-39-1 C3H2FS 6,300 HFC-245ca 679-86-7 C3H3F5 560 HFC-245fa 460-73-1 CHF2 CH2 CF3 1,030 HFC-365mfc 406-58--6 CH3CF2 CH2 CF3 794 HFC-43-10mee 138495-42-8 CF3CFHCFHCF2 CF3 1,300 Sulfur hexafluoride 2551--62-4 SFs 23,900 PFC-14 (Perfluoromethane) 75-73-0 CF4 6,500 PFC-116 (Perfluoroethane) 76-16-4 C2 FS 9,200 PFC-218 (Perfluoropropane) 76-19-7 C3FS 7,000 Perfluorocyclopropane 931-91-9 [C-)C3FS 17,340 PFC-3-1-10 (Perfluorobutane) 355-25-9 C4F10 7,000 Perfluorocyclobutane 115-25-3 [G-)C4 FS 8,700 PFC-4-1-12 (Perfluoropentane) 678-26-2 C5F12 7,500 PFC-5-1-14 (Perfluorohexane) 355-42-0 CSF14 7,400 PFC-9-1-18 306-94-5 C1oF1S 7,500 

### "Innovative Control Technology" means any system of air pollution control that has not been adequately demonstrated in practice, butwould have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy economics, or non-air quality environmental impacts. 

### "LowestAchievable Emission Rate" (LAER) means the same as defined in 7 DE Admin. Code 1101, "Definitions and Administrative Principles". 

### "MajorModification" Major modification means any physical change or change in the method ofoperation ofa major stationary source that would result in a significant net emissions increase of any pollutant subjectto regulation underthe CAA. Any net emissions increase that is significant for either volatile organic compounds or nitrogen oxides shall be considered significantforozone. A physical change orchange in the method ofoperation shall not include: Routine maintenance, repair and replacement;Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal PowerAct; Use ofan alternative fuel by reason ofan order or rule underSection 125 ofthe CAA; Use of an alternative fuel at a steam-generating unit to the extent that the fuel is generated from municipal solid waste; Use ofan alternative fuel or raw material by a stationary source which: The source was capable ofaccommodating before January 6, 1975; unless such change would be prohibited under any previously issued permit condition which was established afterJanuary6, 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, unless such change would be prohibited under any previously issued permit condition which was established afterJanuary6, 1975; Any change in ownership at a stationary source. 

### "MajorStationary Source"

- See 2.2 and 3.1 ofthis regulation. 

### "Necessary Preconstruction Approvals or Permits" means those permits or approvals required under Delaware airquality control laws and regulations. 

### "Net Emissions Increase" Net emissions increase means the amount by which the sum of the following exceeds zero: Any increase in actual emissions from a particular physical change or change in method ofoperation at a stationary source; and Any other increases and decreases in actual emissions at the source that are contemporaneous with the particularchange and are otherwise creditable. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs between: The date five years before construction on the particular change commences; and The date thatthe increase from the particularchange 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 under this regulation, which permit is in effectwhen the increase in actual emissions from the particularchange occurs.An increase or decrease in actual emissions of sulfur dioxide or particulate matter which occurs before the applicable baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level. A decrease in actual emissions is creditable only to the extentthat: The old level ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; It is enforceable at and after the time that actual construction on the particular change begins; and It has approximately the same qualitative significance for public health and welfare as that attributed to the increasefrom the particularchange. It has not been adopted by the Department as a required reduction to be made part ofthe SIP or it is not required by the Department pursuant to an existing requirement ofthe SIP.

• An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, notto exceed 180 days. "OzoneTransport Region" means the region designated by section 184 ofthe federal Clean Air Act and comprised ofthe states ofConnecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan Statistical Area that includes the District ofColumbia 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 ofa shutdown, the permitto operate forthe emission unitor 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 on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit ofa 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 Departmentand the Administrator ofthe EPA. "Real" (Reductions) means reductions in actual emissions released into the atmosphere. "Reconstruction" will be presumed to have taken place where the fixed capital cost ofthe new components exceeds 50% of the fixed capital cost of a comparable entirely new stationarysource. Any final decision as to whether reconstruction has occurred shall be made in accordance with the provisions of 40 CFR 60.15(f)(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 60.15(f)(4) shall be taken into account in assessing whether a new source performance standard is applicable to such stationary source. "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 from the major stationary source or major modification itself. For the purpose of this regulation, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions may include, butare not limited to: Emissions from ships, trains, or other vehicles coming to or from the new or modified stationary source; and Emissions from any offsite support facility or facilities which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification. "Significant" (a) "Significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emissions Rate Carbon monoxide: 100 tons peryear (TPY) Sulfurdioxide: 40TPY Particulate matter: 25 TPY Ozone: New Castle and Kent Counties

- 25 TPY ofeithervolatile organic compounds or nitrogen oxides· Sussex County

- 40 TPY ofeithervolatile organic compounds or nitrogen oxides· Lead: 0.6 TPY Asbestos: 0.007 TPY Beryllium: 0.0004 TPY Mercury: 0.1 TPY Vinyl chloride: 1TPY Fluorides: 3TPY Sulfuric acid mist: 7TPY Hydrogen sulfide (H2S): 10 TPY Total reduced sulfur (including H2S): 10 TPY Reduced sulfurcompounds (including H2S): 10 TPY PM 10 particulate: 15 TPY PML§: 10 TPY ofdirect PM2.5 emissions; 40 TPYofsulfurdioxide emissions; 40 TPY nitrogen oxide emissions.

*Note: Increases in net emissions shall not exceed 25 tons per year in New Castle and Kent Counties, or 40 tons per year in Sussex, when aggregated with all other net increases in emissions from the source over any period offive consecutive calendar years which includes thecalendar year in which such increases occur. No part ofthe five consecutive years shall extend before January 1, 1991. (b) "Significant" means, in reference to a net emissions increase or the potential of a source to emita pollutant subjectto regulation underthe CMthat (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 

### I area, and have an impact on such area equal to or greater than one 

### IJg/m3

, (24-hour average). "Stationary Source" means any building, structure, facility or installation which emits or may emitany air pollutantsubjectto regulation underthe CM. "Subject to Regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by EPA, that requires actual control of the quantity of emissions ofthat pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that GHG shall not be subject to regulation exceptasfollows: (a) Beginning January 2, 2011, the pollutant GHG shall be subjectto regulation if:

• The stationary source is a new majorstationary source for any pollutantsubjectto regulation underthe CMthat is not GHG and also will emit orwill have the potential to emit75,000 tpy C02e or more; or The stationary source is an existing majorstationary source for any pollutant subjectto regulation underthe CMthat is not GHG and also will have an emissions increase of that pollutant and an emissions increase of75,000 tpy C02e or more: and, in addition, (b) Beginning July 1, 2011, the pollutant GHG also shall be subjectto regulation: Ata new stationary source that will emitor havethe potential to emit 100,000tpy C02e: or Atan existing stationary source that emits or has the potential to emit 100,000tpy C02e when such stationary source undertakes a physical change orchange in the method of operation thatwill result in an emissions increase of75,000 tpy C02e or more. The term emissions increase, as used above, shall mean that both a significant emissions increase and a significant netemissions increase occur. "Surplus" (Reductions) means actual emission reductions below the baseline (see 2.5.2 of this regulation) not required by regulations or proposed regulations, and not used by the source to meetany state orfederal regulatory requirements. 14 DE Reg. 579 

### (12/01/10) 08111/2005 xxlxxl2011 2.0 Emission Offset Provisions (EOP)

### 2.1 Applicability

- The provisions of

### 2.0 ofthis regulation shall apply to any person responsible for any proposed new majorstationary source orany proposed major modification. 

### 2.2 For purposes of

### 2.0 ofthis regulation, "majorstationary source" means: 

### 2.2.1 Any stationary source ofair pollutants which emits, or hasthe potential to emit, 

### 100tons peryear or more ofany pollutantsubjectto regulation underthe Clean AirAct, exceptfor eithervolatile organic compound

.. or nitrogen oxides, or 

### 2.2.2 Any stationary source ofair pollutants which emits, or has the potential to emit

.. either volatile organic compounds

.. or nitrogen oxides

.. in the following amounts: 

### 2.2.2.1 For areas in ozone attainment, ozone marginal, or ozone moderate nonattainment areas and located in the ozone transport region

- 

### 50 tons per yearvolatile organic compounds or 

### 100tons peryearofoxides of nitrogen, or 

### 2.2.2.2 For serious ozone nonattainment areas - 

### 50 tons per year of either volatile organic compounds oroxides ofnitrogen, or 

### 2.2.2.3 For severe ozone nonattainment areas - 

### 25 tons per year of either volatile organic compounds or oxides of nitrogen, or 

### 2.2.2.4 For extreme ozone nonattainment areas - 

### 10 tons per year ofeither volatile organic compounds oroxides ofnitrogen. 

### 2.2.3 Any physical change that would occur at a stationary source not qualifying under 

### 2.2.1 or 

### 2.2.2 of this regulation as a major stationary source, if the change would constitute a major stationary source by itself, or 

### 2.2.4 A major stationary source that is major for either volatile organic compounds or nitrogen oxides shall be considered major for ozone, and "installation" means an identifiable piece of process, combustion or incineration equipment. 

### 2.2.5 [A major stationary sourGe that is major for either n](N)itrogen oxides [Gfl [and] S02 shall be considered as [major for PMu 

## l [precursors, and are considered nonattainment pollutants in any PM2.5 nonattainment areal 

### 2.3 Forthe purposes of

### 2.4 and 

### 2.5 ofthis regulation, emission units located in areas deSignated as attainmentor marginal nonattainment areas thatare located within the ozone transport region shall be considered located in a moderate ozone nonattainmentarea. 

### 2.4 Conditions forApproval

- 

### No person subjectto the provisions of 

### 2.1 ofthis regulation shall install a majorstationary source ofvolatile organic compounds orofnitrogen oxides

.. PM2..§. orsulfuroxides or make a major modification to a source which will cause orcontribute to anyviolation ofthe national ambientairquality standards for ozone or**PM~** within an area ofnon-attainmentforthat pollutant unless the following conditions are met: 

### 2.4.1 The new major source or the major modification is controlled by the application of lowest achievable emission rate (LAER) control technology. 

### 2.4.2 All existing sources in the State owned or controlled by the owner 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 a schedule and timetable for compliance.2.4.3 The newor modified source mustsatisfy the following offset requirements: 2.4.3.1 The ratio of total actual emissions reductions of volatile organic compounds or nitrogen oxides to total allowable increased emissions of volatile organic compounds or nitrogen oxides shall be: 2.4.3.1.1 For moderate ozone nonattainmentareas, 1.15 to 1, or 2.4.3.1.2 Forserious ozone nonattainmentareas, 1.2 to 1, or 2.4.3.1.3 For severe ozone nonattainmentareas, 1.3to 1, or 2.4.3.1.4 For extreme ozone nonattainmentareas, 1.5 to 1. 2.4.3.2 All offsets shall be federally enforceable at the time of application to construct and shall be in effect by the time the new or modified source commences operation. 2.4.3.3 The ratio oftotal actual emissions reductions ofsulfur dioxide, nitrogen oxides or PM'.5to total allowable increased emissions_shall be 1:1. 2.4.4 The application for construction permit pursuant to 7 DE Admin. Code 1102 shall include an analysis of alternative sites, sizes, production processes and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result ofits location, construction, or modification. 2.4.5 Public participation for the construction permit shall be pursuantto 12.3 or 12.4 and 12.5 of 7 DE Admin. Code 1102. 2.5 Criteria for Emission Reductions Used as Offsets 2.5.1 All emission reductions claimed as offset credits shall be real, surplus, permanent, quantifiable, and federally enforceable; 2.5.2 The baseline for determining credit for emissions reductions shall be the lower of actual or allowable emissions. The offset credit shall only be allowed for emission reductions made below the baseline; 2.5.3 Emission reductions claimed as offsets shall have occurred on orafterJanuary 1, 1991; 2.5.4 Credit for an emission reduction may be claimed for use as an offset to the extent that the Department has not relied on it in issuing any permit under this regulation and has not relied on it for demonstration ofattainmentor reasonable further progress; 2.5.5 Emission reductions shall not be used as offsets in an area with a higher nonattainment classification than the one in which theywere 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 AmbientAir Quality Standard in the nonattainmentarea which the source is located. 2.5.7 The Department may allow the offset requirement in 2.5 of this regulation for direct**PM~** emissions or precursors of PM'.5 (sulfur dioxide or NOx) to be satisfied by offsetting reductions in directPM2.5 emissions or emissions of sulfur dioxide or NOx using a ratio approved by the Department for the nonattainment area after public review and comment. Prior to making a final determination on the interpollutant trading ratios for a nonattainment area, the Department shall submit the interpollutant trading ratios and supporting information to the EPAforconcurrence. 2.6 Emission reductions generated in a state otherthan Delaware and which are placed in the emissions bank established pursuantto 7 DE Admin. Code 1134 may be used as offsets provided they arefederally enforceable and meet, ata minimum, all the provisions of7 DE Admin. Code 1134 and 2.5.5, and 2.5.6 of this regulation. 

### 08/11/2005 

### 3.0 Prevention ofSignificant Deterioration ofAirQuality 3.1 Definitions

- Forthe purposes of3.0 ofthis regulation: 

### "MajorStationary Source" means:

•Any ofthe following stationary sources ofair pollutantswhich emits or has the potential to emit, 100 tons per year or more ofany pollutant subjectto regulation underthe CM: Fossil fuel-fired steam electric plants ofmorethan 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary coppersmelters, municipal incinerators capable ofcharging 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, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants, fossil fuel boilers (or combinations thereof) totaling morethan 250 million British thermal units per hour heat input, petroleum storage and transfer unitswith a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;

• Notwithstanding the stationary source size specified in the above paragraph, any stationary source which emits, or has the potential to emit, 250 tons peryearormore ofany air pollutant subjectto regulation underthe CM; or

•Any physical change thatwould occurat a stationary source nototherwise qualifying under the preceding paragraph as a majorstationary source, ifthe change would constitute a major stationary source by itself. A majorstationary source that is majorforvolatile organic compounds or nitrogen oxides shall be considered majorforozone. 

### [A major stationary sourGe that is major for nitrogen oxides or SO, shall be Gonsidered majorfor PM

# w 3.2 AmbientAir Increments. In areas designated as Class I, II or III, increases in pollutant concentration overthe baseline concentration shall be limited to the following:Maximum allowable increase (Micrograms percubic meter)

Class I Pollutant Total suspended particulates: Annual geometric mean 24-hour maximum Sulfurdioxide: Annual arithmetic mean 24-hour maximum Three-hour maximum**PM2.5~** Annual geometric mean 24-hr maximum PM10: Annual arithmetic mean 24-hr maximum Nitrogen dioxide Annual arithmetic mean

Class II Pollutant Total suspended particulates: Annual geometric mean 24-hour maximum Sulfurdioxide: Annual arithmetic mean 24-hour maximum Three-hour maximum**PM2.5~** Annual arithmetic mean 24-hour maximum**PM10~** Annual arithmetic mean 24-hr maximum Nitrogen dioxide:

Annual arithmetic mean

Class III Pollutant Total suspended particulates: Annual geometric mean 24-hour maximum Sulfurdioxide: Annual arithmetic mean 24-hour maximum Three-hour maximum**PM25~** 

### 5 10 2 5 25 

## 1 2**~ ~**  25

19 37 20 91 512**~ ~** 



## 11 30 25

37 75 40 182 700Annual arithmetic mean 24-hour maximum**PM10~** Annual arithmetic mean 24-hour maximum Nitrogen dioxide:

Annual arithmetic mean

For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period peryearat anyone location. 3.3 AmbientAir Ceilings. No concentration ofa pollutantshall exceed: 3.3.1 The concentration permitted underthe national secondary ambientairquality standard, or 3.3.2 The concentration permitted under the national primary ambient air quality standard, whichever concentration is lowestforthe pollutantfor a period ofexposure. 3.4 Restrictions on Area Classification. 3.4.1 All Areas in the State of Delaware are designated Class II, but may be redeSignated as provided in 40 CFR 52.51(g). 3.4.2 The following areas may be redesignated only as Class I: 3.4.2.1 Bombay Hook National Wildlife Refuge; and 3.4.2.2 A national park or national wilderness area established after August 7, 1977 which exceeds 10,000 acres in size. 3.5 Exclusions from Increment Consumption 3.5.1 Upon written request of the governor, made after notice and opportunity for at least one public hearing to be held in accordance with procedures established by the State of Delaware, the Department shall exclude the following concentrations in determining compliance with a maximum allowable increase: 3.5.1.1 Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason ofan order 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 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 PowerAct overthe emissionsfrom such sources before the effective date ofsuch plan; 3.5.1.3 Concentrations of particulate matter attributable to the increase in emissions from construction orothertemporary emission-related activities ofnewormodified sources; 3.5.2 No exclusion ofsuch concentrations shall apply more than five years afterthe effective date ofthe order to which 3.5.1.1 ofthis regulation refers or the plan to which 3.5.1.2 ofthis regulation refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five years afterthe laterofsuch effective dates. 3.6 Stack Heights The provisions of7 DE Admin Code 1127 - STACK HEIGHTS, are applicable to 3.6 of this regulation. 3.7 Review of MajorStationary Sources and Major Modifications

- Source Applicability and Exemptions. 3.7.1 No stationary source or modification to which the requirements of 3.8 through 3.15 of this regulation apply shall begin actual construction without a permitwhich states that the stationary source or modification would meetthose requirements. The Department has authorityto issue any such 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 underthe CAA that itwould emit, exceptas 3.0 ofthis regulation otherwise provides. 3.7.3 The requirements of 3.8 through 3.15 of this regulation apply only to any major stationary source or major modification that would be constructed in an area deSignated as attainment or unclassifiable. 3.7.4 The requirements of 3.8 through 3.15 ofthis regulation shall not apply to a particular major stationary source or major modification, if: 3.7.4.1 The source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution, and the governor requests that it be exemptfrom those requirements; or 3.7.4.2 The source or modification would be a majorstationary 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 ofthe following categories: 3.7.4.2.1 Coal cleaning plants (with thermal dryers); 3.7.4.2.2 Kraft pulp mills; 3.7.4.2.3 Portland cement plants; 3.7.4.2.4 Primary zinc smelters; 3.7.4.2.5 Iron and steel mills;3.7.4.2.6 Primary aluminum ore reduction plants; 3.7.4.2.7 Primary coppersmelters; 3.7.4.2.8 Municipal incinerators capable of charging more than 250 tons of refuse per day; 3.7.4.2.9 Hydrofluoric, sulfuric, or nitricacid 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 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 plants; 3.7.4.2.19 Secondary metal production plants; 3.7.4.2.20 Chemical process plants; 3.7.4.2.21 Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input: 3.7.4.2.22 Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 3.7.4.2.23 Taconite ore processing plants; 3.7.4.2.24 Glass fiber processing plants; 3.7.4.2.25 Charcoal production plants; 3.7.4.2.26 Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; 3.7.4.2.27 Any other stationary source category which, as ofAugust 7, 1980, is being regulated under section 111 or 112 ofthe CM; or 3.7.4.3 The source is a portable stationary source which has previously received a permit under3.0 ofthis regulation, and,3.7.4.3.1 The owner or operator proposal to relocate the source and emissions of the source atthe new location would be temporary; and 3.7.4.3.2 The emissions from the source would not exceed its allowable emissions; and 3.7.4.3.3 The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and 3.7.4.3.4 Reasonable notice is given to the Department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Department not less than 10 days in advance of the proposed relocation unless a differenttime duration is previously approved by the Department. 3.7.5 The requirements of3.8 through 3.15 ofthis 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, 3.11, 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 pollutantfrom the source, orthe netemissions increase ofthat pollutantfrom the modification: 3.7.6.1 Would impact no Class I area and no area where an applicable increment is known to be violated, and 3.7.6.2 Would be temporary. 3.7.7 The Department may exempt a stationary source or modification from the requirements of 3.11 ofthis regulation with respect to monitoring for a particular pollutant if: 3.7.7.1 The emissions increase ofthe pollutantfrom the newsource orthe netemissions increase ofthe pollutantfrom the modification would cause, in any area, airquality impacts less than the following amounts: Carbon monoxide: 575 

### ug/m3

, eight-hour average; Nitrogen dioxide: 14 

### ug/m3

, annual average; Total suspended particulate: 10 

### ug/m3

, 24-houraverage; Sulfurdioxide: 13 

### ug/m3

, 24-houraverage; Ozone: (See Note 1) Lead: 0.1 

### IJg/m3 

### 24**ho~r** 3-month average; Mercury: 0.25 

### ug/m3

, 24-houraverage; Beryllium: 0.0005 

### ug/m3

, 24-hour average; Fluorides: 0.25 

### ug/m3

, 24-houraverage;Vinyl chloride: 15 

### ug/m3

, 24-houraverage; Total reduced sulfur: 10 

### ug/m3

, one-hour average; Hydrogen sulfide: 0.04 

### ug/m3

, one-hour average; Reduced sulfurcompounds: 10 

### ug/m3

, one-houraverage; PM 10 particulate: 10 

### ug/m3

, 24-houraverage; PM,.s: 4 ug/m3

, 24-houraverage [Note 1: No de minimus airquality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impactanalysis including the gathering ofambient air quality data.] 3.7.7.2 The concentrations ofthe pollutant in the area that the source or modification would affect are less than the concentrations listed in 3.7.7.1 of this regulation, or the pollutant is not listed in 3.7.7.1 ofthis regulation. 3.8 Control Technology Review 3.8.1 A major stationary source or major modification shall meet each applicable emissions limitation ofthe State of Delaware'sAir Pollution Control Regulations. 3.8.2 A new major stationary source shall apply best available control technology for each pollutant subject to regulation under the CM that it would have the potential to emit in significant amounts. 3.8.3 A major modification shall apply best available control technology for each pollutant subject to regulation underthe CMforwhich itwould result in a significant net emissions increase atthe source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutantwould occur as a result ofa physical change orchange in the method ofoperation in the unit. 3.8.4 For phase construction projects, the determination ofbest available control technology shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy ofany previous determination of best available control technologyfor the source. 3.9 Source ImpactAnalysis. The owner oroperator ofthe proposed source or modification shall demonstrate that allo'Nable emission increases from the proposed source or modification, in conjunction with all otherapplicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of: 3.9 Source ImpactAnalysis 3.9.1 The owneroroperatorofthe proposed source ormodification shall demonstratethat allowable emission increasesfrom the proposed source or modification, in conjunction with all otherapplicable emissions increases or reductions (including secondary emissions), would notcause orcontribute to airpollution in violation of:3.,.9,-1.**~Any** national ambientairquality standard in any airquality control region; or 3.9.2**~Any** applicable maximum allowable increase overthe baseline concentration in any area.

3.9.2 The demonstration required in 3.9.1 will be deemed to have been made ifthe emissions increase from the newstationary source alone orthe modification alonewould cause, in all areas, air quality impacts less than the following significant impact levels:

Pollutant Significant Impact Level ug/m3 Averaging Time Class I Class II Class III

____**...!.P~M~2.5!** ___**~A.!!.n~n~u~al~**_____**_...::0~.O~[:L.3] [6],_~0.~3~** __ ---:.:0=.3 24-hour 0.07 1.2 1.2

3.10 Air Quality Models. 3.10.1 All estimates of ambient concentrations required under 3.0 of this regulation shall be based on the applicable air quality models, databases, and other requirements specified in the "Guideline on Air Quality Models" (OA-QPS 1.2-080, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, April, 1978 or its subsequent revisions). This document is incorporated by reference. 3.10.2 When an air quality impact model specified in the "Guideline on Air Quality Models" is inappropriate, the model may be modified or another model substituted. Such a change must be subject to the notice and opportunity for public comment under 3.15 of this regulation. Written approval of the Department must be obtained for any modification or substitution. Methods like those outlined in the 'Workbook for the Comparison ofAir 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 ofairquality models. 3.11 Air QualityAnalysis 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 in the area thatthe majorstationary source or major modification would affect for each ofthe following pollutants: 3.11.1.1.1 For the source, each pollutant that it would have the potential to emit in a significant amount;3.11.1.1.2 For the modification, each pollutant for which it would result in a significant netemissions increase. 3.11.1.2 With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Departmentdeterminesis necessary to assess ambientairqualityforthat pollutant in any area that the emissions ofthat pollutant would affect. 3.11.1.3 With respect to any such pollutant (other than non-methane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation ofthe standard orany maximum allowable increase. 3.11.1.4 In general, the continuous air quality monitoring data that is required shall have been gathered overa period ofat least one year and shall represent at leastthe year 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 shorter than one year (but not to be less than four months), the data that is required shall have been gathered overat leastthat 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 postapproval monitoring data for ozone in lieu of providing preconstruction data as required under 3.11.1 of this regulation. Condition 1: The new source is required to meetan emission limitation which specifies the lowest achievable emission rate for such source. Condition 2: The applicant must certify thatall existing majorsources owned oroperated bythe applicant (orany entity controlling, controlled by, or undercommon control with the applicant) in Delaware are in compliance with all applicable emission limitations and standards underthe CM(orare in compliance with an expeditious schedule approved by the Department). Condition 3: Emission reductions ("offsets") from existing sources in the area ofthe proposed source (whether or not underthe same ownership) are required such thattherewill be reasonable progress toward attainment ofthe applicable NMQS. Only intrapollutant emission offsetswill be acceptable (e.g., hydrocarbon increases may not be offsetagainst S02 (reductions». Condition 

### 4: The emission offsetswill provide a positive net airquality benefit in the affected area (see

### 40 CFR Part 51 App. S). Atmospheric simulation modeling is not necessary forvolatile organic compounds and NOx. FulfillmentofCondition 3 will be considered adequate to meetthis condition forvolatile organic compounds and NOx. 3.11.2 Post-construction monitoring. The owner or operator ofa major stationary source or major modification shall, after construction of the stationary source or modification conduct such ambient monitoring as the Department determines is necessary to determine the effect emissions from the stationary source or modification may have, orare having, on airquality in any area. 3.11.3 Operations of monitoring stations. The owner or operator of a major stationary source or major modification shall meet the Quality Assurance Requirements for PSD Air Monitoring as preapproved by the Departmentduring the operation ofmonitoring stations for purposes ofsatisfying 3.11 ofthis regulation. 3.12 Source Information. The owneror operatorof proposed source or modification shall submitall 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 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 ofthe source or modification, including specifications and drawings showing its design and plant layout; 3.12.1.2 A detailed schedule forconstruction ofthe source ormodification; 3.12.1.3 A detailed description as to what system of continuous emission reduction is planned for the source or modification, emission estimates, and any other information necessary to determine that best available control technology would be applied. 3.12.2 Upon request ofthe Department, the owner oroperatorshall 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 ofany or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977 or the applicable baseline date ordates, in the area the source or modification would affect. 3.13 Additional ImpactAnalyses. 3.13.1 The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result ofthe 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 impacton vegetation 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 ofgeneral commercial, residential, industrial and other growth associated with the source or modification. 3.14 Public Participation 3.14.1 Within 30 days after receipt of an application to construct, or any addition to such application, the Department shall advise the applicant of any deficiency in the application or in the information submitted. In the event ofsuch a deficiency, the date of receipt ofthe application shall be, for the purpose of3.0 ofthis regulation, the date on which the Department received all required information. 3.14.2 Within one year after receipt ofa complete application, the Department shall make a final determination on the application. This involves performing the following actions in atimely manner: 3.14.2.1 Make a preliminary determination whether construction should be approved, approved with conditions, ordisapproved. 3.14.2.2 Make available a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination. 3.14.2.3 Notify the public, by advertisement in a newspaper of general circulation in each region in which the proposed source or modification would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and the opportunity for comment at public hearing as well as written public comment.3.14.2.4 Send a copy of the notice of public comment to the applicant and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: the chief executives of the city and county where the source or modification would be located and any comprehensive regional land use planning agency whose lands may be affected by emissions from the source or modification. Additionally, if the proposed source would have significant interstate impact, the Governorofthat impacted state would be notified. 3.14.2.5 Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact ofthe source or modification, alternatives to the source or modification, the control technology required, and otherappropriate considerations. 3.14.2.6 Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing or hearings in making a final decision on the approvability ofthe application. No laterthan 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 a final determination whether construction should be approved, approved with conditions, ordisapproved pursuantto 3.0 ofthis regulation. 3.14.2.8 Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the Department made available preconstruction information and public comments relating to the source or modification. 3.15 Source Obligation. 3.15.1 Any owner or operator who constructs or operates a source or modification not in accordance with the application submitted pursuant to 3.0 of this regulation or with the terms of any approval to construct, orany owneroroperatorofa source or modification subject to 3.0 ofthis regulation who commences construction after the effective date of these regulations without applying for and receiving approval hereunder, shall be subjectto appropriate enforcementaction. 3.15.2 Approval to construct shall become invalid if construction is not commenced within 18 months after receipt ofsuch approval, ifconstruction is discontinued fora period of 18 months or more, or if construction is not completed within a reasonable time. The Department may extend the 18-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between constructions ofthe approved phases ofa 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 oroperator ofthe responsibility to comply fully with applicable provisions ofany other requirements under local or Federal law. 3.15.4 At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue ofa relaxation in anyenforceable limitation which was established after August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours ofoperation, then the requirements of3.8 through 3.15 ofthis regulation shall apply to the source or modification as though construction had notyet commenced on the source or modification. 3.16 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 ofthe public comment hearing to approve a system ofinnovative control technology. 3.16.2 The Department shall, with the consent ofthe Governor of Delaware, determine that the source or modification may employ a system ofinnovative control technology, if: 3.16.2.1 The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, orsafety in its operation orfunction; 3.16.2.2 The owner or operator agrees to achieve a level ofcontinuous 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 ofstartup or seven years from permit issuance; 3.16.2.3 The source or modification would meet the requirements of 3.8 and 3.9 of this regulation based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meeton the date specified by the Department; 3.16.2.4 The source or modification would not be before the date speCified by the Department: 3.16.2.4.1 Cause or contribute to a violation of an applicable national ambient air quality standard; or 3.16.2.4.2 Impactany Class Iarea; or 3.16.2.4.3 Impactany area where an applicable increment is known to be violated; and 3.16.2.5 All other applicable requirements including those for public participation have been met. 3.16.3 The Department shall withdraw any approval to employ a system of innovative control technology made under 

### 3.0 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, orsafety; or 3.16.3.3 The Department decides at any time that the proposed system is unlikely to achieve the required level ofcontrol orto protect the public health, welfare, orsafety. 3.16.4 Ifa source or modification fails to meet the required level ofcontinuous emission reduction within the speCified time period or the approval is withdrawn in accordance with 3.16.3 ofthis regulation, the Department may allow the source or modification up to an additional three years to meet the requirement forthe application ofbest available control technology through use ofa demonstrated system ofcontrol. 13 DE Reg. 1345 (04/01/10)

### 2/11/2012 TITLE 7 NATURAL RESOURCES 

### & ENVIRONMENTAL CONTROL DELAWARE ADMINISTRATIVE CODE 

### 1100 AirQuality Management Section 1125 Requirements for Preconstruction Review

1.0 General Provisions 1.1 Requirements ofthis regulation are in addition toanyother requirements ofthe State ofDelaware Regulations Governing the Control ofAir Pollution. 1.2 Anystationary source which will impactan attainmentarea oran unclassifiable area as deSignated bythe U.S. Environmental Protection Agency (EPA) pursuantto Section 107ofthe Clean AirActAmendments of 1990 {CM}, is subjectto the provisions of3.0 ofthis regulation, Prevention ofSignificant Deterioration {PSD}. 1.3 Any stationary source which will impacta non-attainmentarea as designated by the EPA pursuantto Section 107 ofthe CM is subjectto 2.0 ofthis regulation, Emission Offset Provisions (EOP). 1.4 A source may be subjectto PSD forone pollutant and to EOP for another pollutant, ormay 

### affectbothattainmentorunclassifiableareas anda non-attainmentareaforthe same pollutant. 1.5 Any emission limitation represented by LowestAchievable Emission Rate (LAER) may be imposed by the Department pursuantto regulations adopted under2.0 ofthis regulation herein notwithstanding anyemission limitspecified elsewhere in 7 DE Admin. Code 1100 Regulations Governing the Control ofAir Pollution. 1.6 Any emission limitation represented by BestAvailable Control Technology (BACT) may be imposed by the Department pursuantto regulations adopted under 3.0 ofthis regulation herein notwithstanding any emission limitspecified elsewhere in 7 DE Admin. Code 1100, Regulations Governing the Control ofAir Pollution. 1.7 No stationary source shall be constructed unless the applicantcan substantiate to the Departmentthatthe source will complywith any applicable emission limit or New Source Performance Standard or Emission Standard for a Hazardous Air Pollutantassetforth in 7 DE Admin. Code 1100 Regulations Governing the Control ofAir Pollution. 1.8 Any stationary sourcethat implements, forthe purpose ofgaining relieffrom 3.0 ofthis regulation, by any physical oroperational limitation on the capacity ofthe source to emita pollutant, including (but not limited to) air pollution control eqUipment and restrictions on hours ofoperation oron the type oramountofmaterial combusted, stored, or processed, shall be treated as partofits design and the limitation orthe effect itwould have on emissions is enforceable, notwithstanding any emission limitspecified elsewhere in 7 DE Admin. Code 1100 Regulations Governingthe Control ofAir Pollution. If

### a source petitionsthe Departmentfor relieffromany resulting limitationdescribed above, the source is subjectto review under

### 2.0 and 

### 3.0 ofthis regulation asthough construction had notyet commenced on the source or modification. 1.9 Definitions

- Forthe purposes ofthis regulation "Actual Emissions" means the actual rate ofemissions ofa pollutant from an emission unit, as determined in accordancewith the three subparagraphs below. In general, actual emissions as ofa particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, orcombusted during the selected time period. The Department may presume that source-specific allowable emissions for the unit are equivalenttothe 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 uniton thatdate. "Allowable Emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits, which restrictthe operating rate, orhours ofoperation, orboth) and the moststringent ofthe following: The applicable standards

as setforth in 7 DE Admin. Code 

### 1120and 

### 1121; Other applicable Delaware State Implementation 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 compliancedate. "BaselineArea" means any intrastate area (and every partthereof) designated as attainment or unclassifiable in which the majorsource or major modification establishing the minorsource baseline datewould constructorwould have an airquality impactofthe pollutantforwhich the baseline date is established, as follows: equal to orgreaterthan one 

### JJg/m3 (annual average). for S02, N02 , or PM 10; orequal to orgreaterthan 

### 0.3 JJg/m3 (annual average) for PM2 . S. Area redesignations cannot intersect or be smaller than the area of impact ofany major stationary source or major modification which: Establishes a minorsource baseline date, or 

### • Is subjectto this regulation

. "Baseline Concentration" means that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:

### The actual emissions representative of sources in existence on the applicable minor

. source baseline date, except as listed under Exceptions below

. •The allowable emissions ofmajorstationary sources which commenced construction before the major source baseline date, but were not in operation bythe applicable minor source baseline date. Exceptions: The following will not be included in the baseline concentration and will affectthe applicable maximum allowable increase or increases: Actual emissions from any major stationary source on which construction commenced after the majorsource baseline date; and Actual emissions increases and decreases at any stationary source occurring after the minorsource baseline date.

"Major Source Baseline Date" means in the case of PM 10 

### and 502, 

### January 6, 

### 1975; in the case ofN02, 

### February 

### 8,1988; and, in the case of PM2.5, 

### October

### 20,2010.

"MinorSource.Baseline Date" Minor Source Baseline date 

### means the earliest date, after August 7, 

### 1977 in the case of PM 10 

### and 502; 

### after February 

### 8, 1988 in the case of N02; 

### and, after October 

### 20, 2011 in the case of PM2.5, 

### on which the first complete application is submitted by a major stationary source or major modification subject to the requirements of 

### 3.0 of this regulation. The minor source baseline date is established for each pollutant forwhich increments or otherequivalent measures have been established if: The area in which the proposed source or modification would construct is designated as attainment or unclassifiable for the pollutant on the date of its complete application under 

### 1.0 ofthis regulation; and In the case ofa major stationary source, the pollutant would be emitted in Significant amounts, or, in the case of a major modification, there would be a significant net emissions increase ofthe pollutant. "Begin Actual Construction" 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. With respect to a change in method ofoperations, this term refers to those on-site activities otherthan preparatory activities which mark the initiation ofthe change. "Best Available Control Technology (BACT)" means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under CAA which would be emitted from any proposed major stationary source or major modification which the Department, on a case-by-case basis, takes into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, andtechniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control ofsuch pollutant. In no event shall application ofbestavailable control technology result in emissions ofany pollutantwhich would exceed the emissions allowed by any applicable standard under 7 DE Admin. Code 1120 and 1121. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a deSign, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree pOSSible, set forth the emissions reduction achievable by implementation ofsuch design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. "Building, Structure, Facility, or Installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same first two digit code) as described in the Standard Industrial Classification Manual, 1972, 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 NOx pollutant-emitting activities, this definition shall apply only to the "Building, Structure orFacility". "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 orcontractual obligations, which cannot be canceled or modified without substantial loss to the 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, that the application contains all of the information necessary for processing the application. "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. "Condensable Particulate Matter" means material that is vapor phase atstack conditions, but condenses and/or reacts upon COOling and dilution in the ambient airtoform solid orliquid PM immediately afterdischarge from the stack. Notethat all condensable PM is assumed to be in the PM2.5 size fraction. "Direct Particulate Matter" means particles that enterthe atmosphere as a directemission from a stack oran open source. Direct PM comprises two components: filterable PM and condensable PM. Thesetwo PM components have no upper particle size limit. "Direct PM2.5" means combined filterable PM2.5 and condensable PM with an aerodynamic diameter less than orequal to 2.5 micrometers. These solid particles are emitted directly from an airemissions source oractivity, orare the gaseous emissions or liquid droplets from an air emissions source oractivitythat condense to form PM atambienttemperatures. Direct PM2.5 emissions include elemental carbon, directly emitted organiccarbon, directlyemitted sulfate,directlyemitted nitrate, and other inorganic particles (including but not limited to crustal material, metals, and sea salt). "Emissions Unit" means any part ofa stationary source which emits orwould have the potential to emit any pollutantsubjectto regulation underthe CM. "Enforceable" means any standard, requirement, limitation or condition established by an applicable federal or state regulation or specified in a permit issued or order entered thereunder, orcontained in a SIP approved by the Administrator ofthe U.S. Environmental ProteCtion Agency (EPA), and which can be enforced by the Departmentand the Administrator ofthe EPA. "Filterable PM" means particles that are emitted directly by a source as a solid or liquid atstack or release conditions and captured on the filter ofa stacktesttrain. "Fugitive Emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, orotherfunctionally equivalent opening. "Fixed Capital Cost" meansthe capital needed to provide all the depreciablecomponents. "Greenhouse Gases (GHG)" means an air pollutant composed of an aggregate group of six greenhouse gases; carbon dioxide (C02), nitrous oxide (N20), methane (CH4), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SFs). For the purposes ofthis regulation, the term C02equivaient emissions (C02e) shall represent an amount ofGHG emitted, and shall be computed asfollows; Multiply the mass amountofemissions (tpy), foreach ofthe six greenhouse gases in the pollutant GHG by the gases associated globalwarming potential as shown in Table 1-1 of this regulation. Sum the resultantvalue for each gas to compute a tpy C02e Table 1-1 GLOBALWARMING POTENTIALS Name CAS No. Chemical formula Global warming potential (100 yr.) Carbon dioxide 124-38-9 CO2 1 Methane 74-82-8 CH4 21 Nitrous oxide 10024-97-2 N20 310 HFC-23 75-46-7 CHF3 11,700 HFC-32 75-10-5 CH2F2 650 HFC-41 593-53-3 CH3F 150 HFC-125 354-33-6 C2HF

### s 2,800 HFC-134 359-35-3 C2H2F4 1,000 HFC-134a 811-97-2 CH2FCF3 1,300 HFC-143 430-66-0 C2H3 F3 300 HFC-143a 420-46-2 C2H3 F3 3,800 HFC-152 624-72-6 CH2FCH2F 53 HFC-152a 75-37-6 CH3 CHF2 140 HFC-161 353-36-6 CH3 CH2F 12 HFC-227ea 431-89-0 C3 HF7 2,900

### HFC-236cb 677;....56-5 CH2

### FCF2 CF3 

### 1,340 HFC-236ea 431-63-0 CHF2

### CHFCF3 

### 1,370 HFC-236fa 690-39-1 C3

### H2F 6 6,300 HFC-245ca 679-86-7 C3

### H3

### F S 

### 560 HFC-245fa 460-73-1 CHF2

### CH2 CF3 

### 1,030 HFC-365mfc 406-58-6 CH3

### CF2

### CH2

### CF3 

### 794 HFC-43-10mee 138495-42-8 CF3

### CFHCFHCF2

### CF3 

### 1,300 Sulfur hexafluoride 2551-62-4 SF6 23,900 PFC-14 (Perfluoromethane) 75-73-0 CF4 6,500 PFC-116 (Perfluoroethane) 76-16-4 C2

### F6 9,200 PFC-218 (Perfluoropropane) 76-19-7 C3

### FS 

### 7,000 Perfluorocyclopropane 931-91-9 C3

### F6 

### 17,340 PFC-3-1-10 (Perfluorobutane) 355-25-9 C4 F10 7,000 Perfluorocyclobutane 115-25-3 C4 Fs 8,700

. PFC-4-1-12 (Perfluoropentane) 678-26-2 CS

### F12 7,500

PFC-5-1-14 (Perfluorohexane) 355-42-0 C6

### F14 7,400 PFC-9-1-18 306-94-5 C1O

### F16 7,500 "Innovative Control Technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a sUbstantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy economics, or non-air quality environmental impacts. "LowestAchievable 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 ofoperation ofa major stationary source that would result in a significant net emissions increase of any pollutant subjectto regulation underthe CM. Any net emissions increase that is significant for either volatile organic compounds or nitrogen oxides shall be considered significantfor ozone.

• A physical change or change in the method ofoperation shall not include:

• Routine maintenance, repair and replacement; Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal PowerAct; Use ofan alternative fuel by reason ofan orderor rule underSection 125 ofthe CM; Use of an alternative fuel at a steam-generating unit to the extent that the fuel is generated from municipal solid waste;

### Use ofan alternative fuel or raw material by a stationary source which: The source was capable ofaccommodating before January 6, 1975; unless such change would be prohibited under any previously issued permit condition which was established afterJanuary 6, 1975; The source is approved to use underany previously issued PSD permit or under 3.0 ofthis 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 afterJanuary 6, 1975; Any change in ownership at a stationary source. "MajorStationary Source"

- See 2.2 and 3.1 ofthis regulation. "Necessary Preconstruction Approvals or Permits" means those permits or approvals required under Delaware airqualitycontrol laws and regulations. "Net Emissions Increase" Net emissions increase means the amount by which the sum of the following exceeds zero: Any increase in actual emissions from a particular physical change or change in method ofoperation ata stationary source; and Any other increases and decreases in actual emissions at the source that are contemporaneous with the particularchange and are otherwise creditable. An increase or decrease in actual emissions is contemporaneous with the increase from the particularchange only ifit occurs between: Thedatefive years before construction on the particular change commences; and The date thatthe increasefrom the particularchange 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 under this regulation, which permit is in effectwhen the increase in actual emissions from the particular change occurs. An increase or decrease in actual emissions ofsulfur dioxide or particulate matterwhich occurs before the applicable baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level. A decrease in actual emissions is creditable onlyto the extentthat:

### The old level ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceedsthe new level ofactual emissions; It is enforceable at and after the time that actual construction on the particular change begins; and It has approximatelythe same qualitative significance for public health and welfare as that attributed to the increase from the particularchange. It has not been adopted by the Department as a required reduction to be made part ofthe SIP or it is not required by the Department pursuant to an existing requirement ofthe SIP. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, notto exceed 180 days. "OzoneTransport Region" means the region designated by section 184 ofthe federal Clean Air Act and comprised ofthe states ofConnecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan StatisticalArea that includes the District ofColumbia 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 ofa shutdown, the permitto operate forthe emission unitorunits 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 on the capacity of the source to emit a pollutant, including air pollution'control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emitofa 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 Departmentand the Administratorofthe EPA. "Real" (Reductions) means reductions in actual emissions released intothe atmosphere. "Reconstruction" will be presumed to have taken place where the fixed capital cost ofthe new components exceeds 50% of the fixed capital cost of a comparable entirely new stationary source. Any final decision as to whether reconstruction has occurred shall be made in accordance with the provisions of40 CFR 60.15(f)(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 60.15(f)(4) shall be taken into account in assessing whether a new source performance standard is applicable to such stationary source. "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 from the major stationary source or major modification itself. For the purpose of this regulation, secondaryemissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions may include, butare not limited to: Emissions from ships, trains, or other vehicles coming to or from the new or modified stationary source; and Emissions from any offsite support facility or facilities which would not otherwise be constructed or increase its emissions as a result ofthe construction or operation of the majorstationary source or major modification. "Significant" (a) "Significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emissions Rate Carbon monoxide: 100 tons peryear (TPY) Sulfurdioxide: 40TPY Particulate matter: 25TPY Ozone: New Castle and Kent Counties

- 25 TPY ofeithervolatile organic compounds or nitrogen oxides· Sussex County

- 40 TPY ofeithervolatile organic compounds or nitrogen oxides· Lead: 0.6 TPY Asbestos: 0.007 TPY Beryllium: 0.0004 TPY Mercury: 0.1 TPY Vinyl chloride: 1TPY Fluorides: 3 TPY Sulfuric acid mist: 7 TPY Hydrogen sulfide (H2S): 10 TPY Total reduced sulfur (including H2S): 10TPY Reduced sulfur compounds (including H2S): 10TPY PM 10 particulate: 15 TPY PM2.S: 10TPYofdirect PM2.S emissions; 40 TPY ofsulfurdioxide emissions; 40 TPY nitrogen oxide emissions.

*Note: Increases in net emissions shall not exceed 25 tons per year in New Castle and Kent Counties, or 40 tons per year in Sussex, when aggregated with all other net increases in emissions from the source over any period offive consecutive calendar years which includes the calendar year in which such increases occur. No part ofthe five consecutive years shall extend before January 1, 1991. (b) "Significant" means, in reference to a net emissions increase or the potential of a source to emita pollutant subjectto regulation underthe CAAthat (a) does not list, any emissions rate. (c) Notwithstanding (a), ·significant" means any emissions rate or any net emissions increase associated with a majorstationary source or major modification, which would constructwithin ten kilometers of a Class I area, and have an impact on such area equal to or greater than one 

### J.Jg/m3

, (24-houraverage)."Stationary Source" means any building, structure, facility or installation which emits or may emitany air pollutantsubjectto regulation underthe CAA "Subject to Regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean AirAct, ora nationally-applicable regulation codified by EPA, that requires actual control ofthe quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that GHG shall not be subject to regulation exceptasfollows: (a) Beginning January2, 2011, the pollutant GHG shall be subjectto regulation if: The stationary source is a newmajorstationary source forany pollutantsubjectto regulation underthe CMthat is notGHG and also will emitorwill have the potential to emit 75,000 tpy C02e ormore; or The stationary source is an existing majorstationary source forany pollutantsubjectto regulation underthe CMthat is notGHG and alsowill have an emissions increase of that pollutant and an emissions increaseof75,000 tpy C02e or more: and, in addition, (b) Beginning July 1, 2011, the pollutant GHG also shall be subjectto regulation: Ata newstationary source thatwill emitorhavethe potential to emit 100,000tpy C02e: or Atan existing stationary source that emitsor hasthe potential to emit 100,000tpy C02e when such stationary source undertakes a physical change orchange in the method of operation thatwill result in an emissions increaseof75,000tpy C02e ormore. The term emissions increase, as used above, shall mean that both a significant emissions increase and a significant netemissions increase occur. "Surplus" (Reductions) means actual emission reductions below the baseline (see 2.5.2 of this regulation) not required by regulations or proposed regulations, and not used by the source to meetany state orfederal regulatory requirements. 14 DE Reg. 579 

### (12101/10) 

### 2/1112012 

### 2.0 Emission Offset Provisions (EOP) 2.1 Applicability

- The provisions of2.0 ofthis regulation shall apply to any person responsible for any proposed new majorstationary source orany proposed major modification. 2.2 Forpurposes of2.0 ofthis regulation, "majorstationary source" means: 2.2.1 Any stationary source ofairpollutantswhich emits, orhasthe potential to emit, 100tons peryearormore ofany pollutantsubjectto regulation underthe Clean AirAct, exceptforeithervolatile organic compound

.. ornitrogen oxides, or 2.2.2Anystationarysource ofairpollutantswhich emits, orhasthe potential to emit

.. either volatile organic compounds

.. or nitrogen oxides

.. in the following amounts:

### 2.2.2.1 For areas in ozone attainment, ozone marginal, or ozone moderate nonattainment areas and located in the ozone transport region

- 

### 50 tons per yearvolatile organic compounds or 

### 100tons peryearofoxides ofnitrogen, or 

### 2.2.2.2 For serious ozone nonattainment areas - 

### 50 tons per year of either volatile organic compounds oroxides ofnitrogen, or 

### 2.2.2.3 For severe ozone nonattainment areas - 

### 25 tons per year of either volatile organic compounds oroxides ofnitrogen, or 

### 2.2.2.4 For extreme ozone nonattainment areas - 

### 10 tons per year ofeither volatile organic compounds oroxides ofnitrogen. 

### 2.2.3 Any physical change that would occur at a stationary source not qualifying under 

### 2.2.1 or 

### 2.2.2 of this regulation as a major stationary source, if the change would constitute a major stationary source by itself, or 

### 2.2.4 A major stationary source that is major for either volatile organic compounds or nitrogen oxides shall be considered major for ozone, and "installation" means an identifiable piece of process, combustion or incineration equipment. 

### 2.2.5 Nitrogen oxides and S02 shall be considered as precursors, and are considered nonattainmentpollutants in any PM2 . 5 nonattainment area:, 

### 2.3 Forthe purposes of

### 2.4 and 

### 2.5 ofthis regulation, emission units located in areas designated as attainment or marginal nonattainment areas that are located within the ozone transport region shall be considered located in a moderate ozone nonattainmentarea. 

### 2.4 Conditions forApproval

- No person subjectto the provisions of 

### 2.1 ofthis regulation shall install a majorstationarysource ofvolatile organic compounds orofnitrogen oxides

.. PM2 .5, orsulfuroxides or make a major modification toa source which will cause orcontribute to anyviolation ofthe national ambientairquality standards forozone or PM2 . 5 within an area ofnon-attainmentforthat pollutant unless the following conditions are met: 

### 2.4.1 The new major source or the major modification is controlled by the application of lowest achievable emission rate (LAER) control technology. 

### 2.4.2 All existing sources in the State owned or controlled by the owner 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 a schedule and timetable for compliance. 

### 2.4.3 The newormodified source mustsatisfythe following offset requirements: 

### 2.4.3.1 The ratio of total actual emissions reductions of volatile organic compounds or nitrogen oxides to total allowable increased emissions of volatile organic compounds or nitrogen oxides shall be: 

### 2.4.3.1.1 For moderate ozone nonattainmentareas, 

### 1.15 to 

### 1, or 

### 2.4.3.1.2 Forserious ozone nonattainmentareas, 

### 1.2 to 

### 1, or 

### 2.4.3.1.3 Forsevere ozone nonattainmentareas, 

### 1.3to 

### 1, or

### 2.4.3.1.4 Forextreme ozone nonattainmentareas, 

### 1.5 to 1. 

### 2.4.3.2 All offsets shall be federally enforceable at the time of application to construct and shall be in effect by the time the new ormodified source commences operation. 

### 2.4.3.3 The ratio oftotal actual emissions reductions ofsulfurdioxide, nitrogen oxides or PM2.5to total allowable increased emissionsshall be 

### 1:1. 2.4.4 The application for construction permit pursuantto 7 DE Admin. Code 

### 1102 shall include an analysis of alternative sites, sizes, production processes and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed asa result ofits location, construction, or modification. 

### 2.4.5 Public participation for the construction permit shall be pursuantto 

### 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 be the lower ofactual 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 on orafterJanuary 

### 1, 1991; 2.5.4 Credit for an emission reduction may be claimed for use as an offset to the extent that the Department has not relied on it in issuing any permit under this regulation and has not relied on it for demonstration ofattainmentorreasonable further progress; 

### 2.5.5 Emission reductions shall not be used as offsets in an area with a higher nonattainment classification than the one in which theywere 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 AmbientAir Quality Standard in the nonattainmentarea which the source is located. 

### 2.5.7 The Department may allow the offset requirement in 

### 2.5 ofthis regulation for direct PM2.5 emissions or precursors of PM2.5 (sulfur dioxide or NOx) to be satisfied by offsetting reductions in direct PM2.5 emissions or emissions ofsulfur dioxide or NOx using a ratio approved by the Department for the

.nonattainment area after public review and comment. Prior to making a final determination on the interpollutant trading ratios for a nonattainment area, the Department shall submit the interpollutant trading ratios and supporting information to the EPAfor concurrence.

(' 

### 2.6 Emission reductions generated in a state otherthan Delaware and which are placed in the emissions bank established pursuantto 7 DE Admin. Code 

### 1134 may be used as offsets provided they are federally enforceable and meet, ata minimum, all the provisions of7 DE Admin. Code 

### 1134 and 

### 2.5.5, and 

### 2.5.6 of this regulation. 

### 2111/12 

### 3.0 Prevention ofSignificant Deterioration ofAirQuality3.1 Definitions

- Forthe purposesof3.0 ofthis regulation: "MajorStationary Source" means:

•Any ofthe following stationary sources ofair pollutantswhich emits orhasthe potential to emit, 100tons peryearor more ofany pollutant subjectto regulation underthe CM: Fossil fuel-fired steam electric plants ofmore than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary coppersmelters, municipal incinerators capable ofcharging morethan 250 tons of refuse perday, hydroflUOric, sulfuric, and nitricacid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants, fossil fuel boilers (or combinations thereof) totaling morethan 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore proceSSing plants, glass fiber processing plants, and charcoal production plants;

• Notwithstanding the stationary source size specified in the above paragraph. any stationary source which emits. or has the potential to emit, 250 tons peryearormore ofany air pollutant subject to regulation underthe CM; or

•Any physical change thatwould occurata stationary source nototherwise qualifying under the preceding paragraph as a majorstationary source. ifthe change would constitute a major stationary source by itself. A majorstationary sourcethat is majorforvolatile organic compounds or nitrogen oxides shall be considered majorforozone. 3.2 Ambient Air Increments. In areas deSignated as Class I, " or III, increases in pollutant concentration overthe baseline concentration shall be limited to thefollowing:

Maximumallowable increase (Micrograms percubic meter)

Pollutant Total suspended particulates: Annual geometric mean 24-hourmaximum Sulfurdioxide: Annual arithmetic mean 24-hourmaximum Three-hourmaximum PM2.5: Class I



### 5 10 

### 2 5 25Annual geometric mean 1 24-hr maximum 2 PM10: Annual arithmetic mean 4 24-hr maximum 8 Nitrogen dioxide Annual arithmetic mean 25

Class" Pollutant Total suspended particulates: Annual geometric mean 19 24-hour maximum 37 Sulfurdioxide: Annu.al arithmetic mean 20 24-hour maximum 91 Three-hour maximum 512 PM2.5: Annual arithmetic mean 4 24-hour maximum 9 PM10: Annual arithmetic mean 

### 17 24-hrmaximum 30 Nitrogen dioxide:

Annual arithmetic mean 25

Class III Pollutant Total suspended particulates: Annual geometric mean 37 24-hour maximum 75 Sulfurdioxide: Annualarithmetic mean 40 24-hour maximum 182 Three-hour maximum 700 PM2.5:

Annual arithmetic mean 8 24-hour maximum 18 PM10:

Annual arithmetic mean 

### 34 24-hour maximum 60 Nitrogen dioxide:

Annual arithmetic mean 50For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period peryearatanyone location. 3.3Ambient Air Ceilings. No concentration ofa pollutant shall exceed: 3.3.1 The concentration permitted underthe national secondary ambient airquality standard, or 3.3.2 The concentration permitted under the national primary ambient air quality standard, whicheverconcentration is lowest forthe pollutantfor a period ofexposure. 3.4 Restrictions on Area Classification. 3.4.1 All Areas in the State of Delaware are designated Class II, but may be redesignated as provided in 40 CFR 52.51(g). 3.4.2 The following areas may be redeSignated only as Class I: 3.4.2.1 Bombay Hook National Wildlife Refuge; and 3.4.2.2 A national park or national wilderness area established after August 7, 1977 which exceeds 10,000 acres in size. 3.5 Exclusions from Increment Consumption 3.5.1 Upon written request of the governor, made after notice and opportunity for at least one public hearing to be held in accordance with procedures established by the State of Delaware, the Department shall exclude the following concentrations in determining compliance with a maximum allowable increase: 3.5.1.1 Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under sections 2(a) and 2(b) ofthe Energy Supply and Environmental CoordinationAct of 1974 (or any superseding legislation) over the emissions from such sources before the effective date of such an order; 3.5.1.2 Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal PowerAct overthe emissions from such sources before the effective date ofsuch plan; 3.5.1.3 Concentrations Of particulate matter attributable to the increase in emissions from construction orothertemporary emission-related activities ofnew or modified sources; 3.5.2 No exclusion ofsuch concentrations shall apply more than five years afterthe effective date ofthe order to which 3.5.1.1 ofthis regulation refers or the plan to which 3.5.1.2 ofthis regulation refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five years afterthe laterofsuch effective dates. 3.6 Stack HeightsThe provisions of7 DE Admin Code 1127 - STACK HEIGHTS, are applicable to 3.6 of this regulation. 3.7 ReviewofMajorStationary Sources and Major Modifications

- SourceApplicability and Exemptions. 3.7.1 No stationary source or modification to which the requirements of 3.8 through 3.15 ofthis regulation apply shall begin actual construction without a permitwhich states that the stationary source or modificationwould meetthose requirements. The Department has authority to issue any such permit. 3.7.2 The requirements of 3.8 through 3.15 ofthis regulation shall apply to any major stationary source and any majormodification with respect to each pollutant subjectto regulation underthe CMthat itwould emit, except as 3.0 ofthis regulation otherwise provides. 3.7.3 The**r~quirements** of 3.8 through 3.15 of this regulation apply only to any major stationary source or major modification that would be constructed in an area deSignated as attainment or unclassifiable. 3.7.4 The requirements of3.8 through 3.15 ofthis regulation shall not apply to a particular major stationary source or major modification, if: 3.7.4.1 The source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occurat such an institution, and the governor requests that it be exemptfrom 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 ormodification and the source does not belong to any ofthe following categories: 3.7.4.2.1 Coal cleaning plants (with thermal dryers); 3.7.4.2.2 Kraft pulp mills; 3.7.4.2.3 Portland cement plants; 3.7.4.2.4 Primary zinc smelters; 3.7.4.2.5 Iron and steel mills; 3.7.4.2.6 Primary aluminum ore reduction plants; 3.7.4.2.7 Primary coppersmelters; 3.7.4.2.8 Municipal incinerators capable ofcharging more than 250 tons of refuse per day; 3.7.4.2.9 Hydrofluoric, sulfuric, or nitric acid plants; 3.7.4.2.10 Petroleum refineries; 3.7.4.2.11 Lime plants; 3.7.4.2.12 Phosphate rock processing plants;3.7.4.2.13 Coke oven batteries; 3.7.4.2.14 Sulfur recovery plants; 3.7.4.2.15 Carbon 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 plants; 3.7.4.2.19 Secondary metal production plants; 3.7.4.2.20 Chemical process plants; 3.7.4.2.21 Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units perhour heat input: 3.7.4.2.22 Petroleum storage and transfer units with atotal storage capacity exceeding 300,000 barrels; 3.7.4.2.23 Taconite ore processing plants; 3.7.4.2.24 Glass fiber processing plants; 3.7.4.2.25 Charcoal production plants; 3.7.4.2.26 Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hourheat input; 3.7.4.2.27 Any other stationary source category which, as ofAugust 7, 1980, is being regulated undersection 111 or 112 ofthe CM; 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 relocate the source and emissions ofthe source atthe new location would be temporary; and 3.7.4.3.2 The emissions from the source would not exceed its allowable emiSSions; and 3.7.4.3.3 The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and 3.7.4.3.4 Reasonable notice is given to the Department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Department not less than 10 days in advance of the proposed relocation unless a differenttimeduration is previously approved by the Department.3.7.5 The requirements of3.8 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, asto that pollutant, the source ormodification is located in an area designated as non-attainment. 3.7.6 The requirements of 3.9, 3.11, and 3.13 of this regulation shall not apply to a major stationary source or major modification with respect to a particular pollutant, ifthe allowable emissions of that pollutantfrom the source, orthe netemissions iricrease ofthat pollutantfrom the modification: 3.7.6.1 Would impact no Class I area and no area where an applicable increment is known to be violated, and 3.7.6.2 Would be temporary. 3.7.7 The Department may exempt a stationary source or modification from the requirements of 3.11 ofthis regulation with respectto monitoring for a particularpollutant if: 3.7.7.1 The emissions increase ofthe pollutantfrom the newsource orthe netemissions increase ofthe pollutantfrom the modification would cause, in any area, airquality impacts lessthan the following amounts: Carbon monoxide: 575 

### ug/m3 ,**eight~hour**average; Nitrogen dioxide: 14 

### ug/m3, annual average; Total suspended particulate: 10 

### ug/m3, 24-houraverage; Sulfurdioxide: 13 

### ug/m3

, 24-houraverage; Ozone: (See Note 1) Lead: 0.1 

### !-I9/m3 3-month average; Mercury: 0.25 

### ug/m3 ,24-houraverage; Beryllium: 0.0005 

### ug/m3 ,24-houraverage; Fluorides: 0.25 

### ug/m3 ,24-houraverage; Vinyl chloride: 15 

### ug/m3

, 24-houraverage; Total reduced sulfur: 10 

### ug/m3 ,one-houraverage; Hydrogen sulfide: 0.04 

### ug/m3 ,one-houraverage; Reduced sulfurcompounds: 10 

### ug/m3 ,one-houraverage; PM10 particulate: 10 

### ug/m3

,24-houraverage; PM2.

### s: 4 

### !-I9/m3, 24-houraverage[Note 1: No de minimus air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impactanalysis including the gathering ofambient airquality data.] 3.7.7.2 The concentrations ofthe pollutant in the area that the source or modification would affect are less than the concentrations listed in 3.7.7.1 ofthis regulation, or the pollutant is not listed in 3.7.7.1 ofthis regulation. 3.8 Control Technology Review 3.8.1 A major stationary source or major modification shall meet each applicable emissions limitation ofthe State ofDelaware'sAir Pollution Control Regulations. 3.8.2 A new major stationary source shall apply best available control technology for each pollutant subject to regulation under the CAA that it would have the potential to emit in Significant amounts. 3.8.3 A major modification shall apply best available control technology for each pollutant subject to regulation underthe CAA for which it would result in a significant net emissions increase atthe source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutantwould occuras a result ofa phYSical change orchange in the method ofoperation in the unit. 3.8.4 For phase construction projects, the determination ofbest 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 ofconstruction of each independent phase of the project. At such time, the owner or operator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology forthe source. 3.9 Source ImpactAnalysis 3.9.1 The owneroroperatorofthe proposed sourceormodification shall demonstratethatallowable**emis~ion** increases from the proposed source ormodification, in conjunction with all otherapplicable emissions increases orreductions (including secondary emissions), would notcause orcontribute to airpollution in violation of: °Any national ambientairquality standard in any airquality 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 deemed to have been made ifthe emissions increase from the newstationary source alone orthe modification alone would cause, in all areas, air quality impacts less than the following significant impact levels:

Pollutant Significant Impact Level ,",g/m3 Averaging Time Annual 24-hour Class 

### I 0.06 0.07 Class" 0.3 1.2 Class III 0.3 1.23.10 Air Quality Models. 3.10.1 All estimates of ambient concentrations required under 3.0 of this regulation shall be based on the applicable air quality models, databases, and other requirements specified in the "Guideline on Air Quality Models" (OA-QPS 1.2-080, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, April, 1978 or its subsequent revisions). This document is incorporated by reference. 3.10.2 When an air quality impact model specified in the "Guideline on Air Quality Models" is inappropriate, the model may be modified or another model substituted. Such a change must be subject to the notice and opportunity for public comment under 3.15 of this regulation. Written approval of the Department must 

### be obtained for any modification or substitution. Methods like those outlined in the 'Workbook for the Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 17711, May, 1978 or its subsequent revisions) should be used to determine the comparability ofairquality models. 3.11 AirQualityAnalysis 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 airquality in the area thatthe major stationary source or major modification would affectfor each ofthe following poUutants: 3.11.1.1.1 For the source, each pollutant that it would have the potential to emit in a Significant amount;3.11.1.1.2 For the modification, each pollutant for which it would result in a significant net emissions increase. 3.11.1.2 With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such airquality monitoring data as the Departmentdetermines is necessary to assess ambient airquality for that pollutant in any area that the emissions ofthat 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 analys.is shall contain continuous air quality monitoring data gathered for purposes of determining whetheremissions ofthat pollutant would cause or contribute to a violation ofthe standard orany maximum allowable increase: 3.11.1.4 In general, the continuous air quality monitoring data that is required shall have been gathered overa period ofat leastone year and shall represent at leastthe year 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 shorter than one year (but not to be less than four months), the data that is required shall have been gathered overat leastthat shorter period. 3.11.1.5 The owner or operator of a proposed stationary source or modification ofvolatile organic compounds or nitrogen oxides who satisfies all of the following conditions may provide postapproval monitoring data for ozone in lieu of providing preconstruction data as required under 3.11.1 of this regulation.Condition 1: The newsource is required to meetan emission limitation which specifiesthe lowest achievable emission rate forsuch source. Condition 2: The applicant mustcertifythat all existing majorsources owned oroperated bythe applicant (orany entity controlling, controlled by, orundercommon contfol with the applicant) in Delaware are in compliance with all applicable emission limitations and standards underthe CAA (orare in compliance with an expeditious schedule approved by the Department). Condition 3: Emission reductions ("offsets") from existing sources in the area ofthe proposed source (whetheror not underthe same ownership) are required such thatthere will be reasonable progress toward attainmentofthe applicable NAAQS. Only intrapollutant emission offsets will be acceptable (e.g., hydrocarbon increases may not be offsetagainst S02 (reductions». Condition 

### 4: The emission offsetswill provide a positive net airquality benefit in the affected area (see

### 40 CFR Part51 App. S). Atmospheric simulation modeling is not necessaryforvolatile organiccompounds and NOx • FulfillmentofCondition 3 will be considered adequate to meetthis condition forvolatile organic compounds and NOx. 

### 3.11.2 Post-construction monitoring. The owneroroperator ofa majorstationary source or major modification shall, after construction of the stationary source or modification conduct such ambient monitOring as the Department determines is necessary to determine the effect emissions from the stationary source or modification may have, orare having, on airquality in anyarea. 3.11.3 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 ofmonitoring stations for purposes ofsatisfying 

### 3.11 ofthis regulation. 

### 3.12 Source Information. The owneroroperatorofproposed source ormodification shall submitall information necessaryto 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 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 ofthe source or modification, including specifications and drawings showing its design and plant layout; 

### 3.12.1.2 A detailed schedule forconstruction ofthe source or modification; 

### 3.12.1.3 A detailed description as to what system of continuous emission reduction is planned for the source or modification, emission estimates, and any other information necessary to determinethat bestaVc;lilable control technologywould be applied. 

### 3.12.2 Upon request ofthe Department, the owneroroperatorshall also provide information on: 

### 3.12.2.1 The air quality impact ofthe source or modification, including meteorological and topographical data necessaryto estimate such impact; and 

### 3.12.2.2 The airquality impacts, and the nature and extent ofany orall general commercial, residential, industrial, and other growth which has occurred since August 7, 

### 1977 or the applicable baseline date ordates, in the area the source ormodification would affect.3.13 Additional ImpactAnalyses. 3.13.1 The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result ofthe 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 impacton vegetation having no significantcommercial 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 ofgeneral commercial, residential, industrial and other growth associated with the source or modification. 3.14 Public Participation 3.14.1 Within 30 days after receipt of an application to construct, or any addition to such application, the Department shall advise the applicant of any deficiency in the application or in the information submitted. In the event ofsuch a deficiency, the date of receipt ofthe application shall be, for the purpose of3.0 ofthis regulation, the date on which the Department received all required information. 3.14.2 Within one year after receipt ofa complete application, the Department shall make a final determination on the application. This involves performing the following actions in a timely manner: 3.14.2.1 Make a preliminary determination whether construction should be approved, approved with conditions, ordisapproved. 3.14.2.2 Make available a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination. 3.14.2.3 Notify the public, by advertisement in a newspaper of general circulation in each region in which the proposed source or modification would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and the opportunity for comment at public hearing as well as written public comment. 3.14.2.4 Send a copy ofthe notice of public comment to the applicant and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: the chief executives ofthe city and county where the source or modification would be located and any comprehensive regional land use planning agency whose lands may be affected by emissions from the source or modification. Additionally, if the proposed source would have significant interstate impact, the Governorofthat 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 on the air quality impact ofthe source or modification, alternatives to the source or modification, the control technology required, and otherappropriate considerations. 3.14.2.6 Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing or hearings in making a final decision on the approvability ofthe application. No laterthan 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 a final determination whether construction should be approved. approved with conditions. ordisapproved pursuantto 3.0 ofthis regulation. 3.14.2.8 Notify the applicant in writing ofthe final determination and make such notification available for public inspection at the same location where the Department made available preconstruction information and public comments relating to the source or modification. 3.15 Source Obligation. 3.15.1 Any owner or operator who constructs or operates a source or modification not in accordance with the application submitted pursuant to 3.0 of this regulation or with the terms of any approval to construct. orany owneroroperatorofa source or modification subjectto 3.0 ofthis regulation who commences construction after the effective date of these regulations without applying for and receiving approval hereunder. shall be subjectto appropriate enforcementaction. 3.15.2 Approval to construct shall become invalid if construction is not commenced within 18 months after receipt ofsuch approval. ifconstruction is discontinued for a period of 18 months ormore. or if construction is not completed within a reasonable time. The Department may extend the 18-month period upon a satisfactory showing that an extension isjustified. This provision does not apply to the time period between constructions ofthe approved phases ofa 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 owneroroperator ofthe responsibility to comply fully with applicable provisions ofany other requirements under local or Federal law. 3.15.4 Atsuch time that a particularsource or modification becomes a major stationary source or major modification solely by virtue ofa relaxation in any enforceable limitation which was established after August 7. 1980 on the capacity of the source or modification otherwise to emit a pollutant. such as a restriction on hours ofoperation. then the requirements of3.8 through 3.15 ofthis regulation shall apply to the source ormodification as though construction had notyet commenced on the source ormodification. 3.16 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 ofthe public comment hearing to approve a system of innovative control technology. 3.16.2 The Department shall. with the consent ofthe Governor of Delaware. determine that the source ormodification may employ a system ofinnovative control technology. if: 3.16.2.1 The proposed control system would not cause or contribute to an unreasonable risk to public health. welfare. orsafety in its operation orfunction; 3.16.2.2 The owneroroperator agrees to achieve a level ofcontinuous 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 laterthan four years from the time ofstartup orseven years from permit issuance; 3.16.2.3 The source or modification would meet the requirements of 3.8 and 3.9 of this regulation based on the emissions rate that the stationary source employing the system of innovative control technologywould be required to meet on the date specified by the Department;3.16.2.4 The source or modification would not be before the date specified by the Department: 3.16.2.4.1 Cause or contribute to a violation of an applicable national ambient air qualitystandard; or 3.16.2.4.2 Impact any Class I area; or 3.16.2.4.3 Impact any area where an applicable increment is known to be violated; and 3.16.2.5 All other applicable requirements including those for public participation have been met. 3.16.3 The Department shall withdraw any approval to employ a system of innovative control technology made under3.0 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, orsafety; or . 3.16.3.3 The Department decides at any time that the proposed system is unlikely to achieve the required level ofcontrol orto protectthe public health, welfare, orsafety. 3.16.4 Ifa source or modification fails to meetthe required level ofcontinuous emission reduction within the specified time period or the approval is withdrawn in accordance with 3.16.3 ofthis regulation, the Department may allow the source or' modification up to an additional three years to meet the requirement forthe application ofbestavailable control technology through use ofa demonstrated system ofcontrol. 13 DE Reg. 1345 

### (04/01/10)

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# AFFIDAVIT OFPUBLICATION State of Delaware

Personally appeared before me this 18th 

### day ofApril, 2011

_ 

### I, Kristin Segner, ofThe News Journal Company, a daily newspaper printed and published in the County of New Castle County, State of Delaware, whQ, being duly sworn states that the advertisement of SID 

### DNREC Division ofAir Quality

- Public Hearings was published in The News Journal on April 17,2011



### Legal Coordinator Title

Sworn to before me this 18th 

### day ofApril, 2011

# ~ Notary Public 

### Wanda James Notary 

### Public State of 

### Delaware ;>:;rr,;nission 

### expires 11/ 02/2012STATE OF DELAWARE DEPARTMENTOF NATURAL RESOURCES &ENVIRONMENTAL CONTROL DIVISION OF AIR QUALITY

655 S. Bay Road, Suite 5N

DOVER, DELAWARE 19901



### CERTIFICATION

March 12,2012 Telephone: (302) 739 - 9402 Fax No.: (302) 739 - 3106



### Ihereby certifYthatapublichearingwas held May 23,2011, on arevision to the State ofDelaware State Implementation Plan. The revision amends 7DEAdmin. Code 1125

- REQUIREMENTS FOR PRECONSTRUCTION REVIEW,

### to allowmajornewsourcereview (NSR)permitting of qualifying sources ofparticulate matterwithanaerodynamic diameterequalto orlessthan 2.5 micrometers (PM2.

### s) and ofsources oftwoPM2.5

### precursors, sulfurdioxide andnitrogenoxides. The effective date ofthe amendmentsis February 11, 2012. I 

### further certifythatthehearingwasheldinaccordancewiththenoticerequiredby Subsection 51.102 of40 CFR51.

Director DivisionofAirQuality

Printed on Recycled Paper

## , 

# .

TO:

FROM:



### RE:

DATE: MEMORANDUM

The Honorable CollinP. O'Mara Cabinet Secretary, Dept. ofNatural Resources and Environmental Control LisaA.

# ves~ Public Heanng Officer, Office ofthe Secretary Department ofNatural Resources and Environmental Control Proposed Amendmentsto 7DE Admin. Code 1125, Requirements for Preconstruction Review: Sections 1.9 ("Definitions"), 2.0 ("Emissions OffsetProvisions"), and 3.0 ("Prevention ofSignificantDeteriorationof AirQuality [PSD],,) January 5, 2012



### I. Background: A public hearing was held on Monday, May 23, 2011, at 6:00 p.m. at the Department of Natural Resources and Environmental Control ("DNREC", "Department"), 89 Kings Highway, Dover, Delaware to receive comment on proposed amendments to 

### 7 DE Admin. Code 1125, Requirements for Preconstruction Review: Sections 1.9 ("Definitions"), 2.0 ("Emissions Offset Provisions"), and 3.0 ("Prevention of Significant Deterioration ofAir Quality [PSD]). These amendments are required by the U.S. Environmental Protection Agency ("EPA") to allow new source review permitting of qualifying emission sources of particulate matter ("PM") with an aerodynamic diameter equal to or less than 2.5 micrometers (PM2.5) and ofemission sources oftwo PM2.5 precursors, sulfurdioxide and/ornitrogenoxides, to conformto the requirements of the EPA PM2.5 new source review permitting program, as 

### shown in 73 FR 28321 and 75 FR64864.

### Previously, particulate matter was regulated in the size range ofequal to or less than 10 micrometers in diameter. EPA has since determined that PM in the smaller size range was more detrimental to public health, as they were more easily inhaled by people and would lodge in the lungs and not be easily removed, causing numerous breathingrelated problems. EPA established airquality standards for PM2.5 in 1997. Since then, the standards have been revised, but implementation was delayed by various court challenges. On May 16, 2008, EPA published a final rule defining the new source review permitting program for PM25 (73 FR 28321). This rule also set-up a transitional permitting program and required State Implementation Plan (SIP) approved states, such as Delaware, to adopt and submit SIP revisions within three years of rule publication. Therefore, this proposed promulgation action is necessary for Delaware to remain compliant with the aforementioned EPA rule which definesthe new source reviewpermittingprogram. As noted above, the Department held a public hearing to receive comment on this proposed promulgation on Monday, May 23, 2011. Comments were received by the Department concerning this matterat the time ofthepublichearing, and the same will be addressed below. Propernotice ofthe hearingwas provided as required by law. 

### II. Summary ofHearingRecord: At the time ofthe hearing on May 23, 2011, Gene Pettingill, an Environmental , I I 

### Engineer in the Planning Branch ofthe Department's Division ofAir Quality ("DAQ") \ 

### , 

### offered the Department's twelve 

### (12) exhibits pertaining to these proposed amendments, and this Hearing Officer entered them into the formal hearing record developed in this



## 2

### matter. Included within those Departmental exhibits were copies of the Start Action Notices for this promulgation, copies ofthe legal notices regarding the holding ofthis public hearing on May 23, 2011, and copies ofthe actual proposed amendments to the aforementioned affected sections of7DE Admin. Code 

### 1125. Mr. Pettingill then offered a brief summary regarding the history of PM2.5 regulation here in Delaware. Currently, New Castle County is designated as nonattainment (while Kent and Sussex Counties are designated as in attainment) of the applicable National Ambient Air Quality Standard for PM2.5. PM25 is emitted from a numberofsources, particularly, combustion sources. Emissions from a stationary source stack are comprised of both a filterable fraction (solid particles) and a condensable fraction that remains in a gaseous form due to the heat in the stack exhaust stream, which condenses into fine particulate matter when the stream is cooled in ambient air. Both fractions, together termed direct PM2.5, must be determined. Any source considered major for direct PM2.5 that is newly constructed or subject to a major modification may triggernew source reviewpermitting. PM2.5 may also be generated in the atmosphere through complex reactions of precursor compounds such as sulfur dioxide (S02), nitrogen oxides (NOx), ammonia (NH3) and volatile organic compounds (VOC), which is referred to as indirect PM2.5. In Delaware, sulfurdioxide and nitrogen oxides will be considered as precursors. Ammonia and VOC can be considered precursors only ifa state demonstrates these are significant contributors to PM2.5 formation, a position Delaware has not taken. Therefore, any

source considered major for sulfurdioxide ornitrogen oxidesthat is newly constructed or subject to a major modification may trigger new source review permitting. This is not a



### 3

### new situation for NOx, since the entire state is in non-attainment for ground-level ozone (for which NOx is already considered a precursor), but, a new situation for sources emitting sulfurdioxide. When a facility is newly constructed, or an existing facility modified in a PM2.5 non-attainment area causes an increase in PM2.5, NOx, or S02 emissions (which trigger

new source review permitting), the facility must obtain offsetting emission credits, either from corresponding reductions within their own facilities, orby trading with orpurchase from a facility with available reductions. Interpollutant trading ratios have yet to be determined. In the interim, EPA has suggested the following place holder statement, which the Department has added as Section 2.5.7: The Department may allow the offset requirement in 2.5 of this regulation for direct PM2.5 emissions or precursors of PM25 (sulfur dioxide orNOx) to be satisfied by offsetting reductions in direct PM2.5 emissions or emissions ofsulfur dioxide or NOx using a ratio approved by the Department for the non-attainment area after public review and comment. Prior to making a final determination on the interpollutant trading ratios for a non-attainment area, the Department shall submit the interpollutant trading ratios and supporting information to the EPA for concurrence. Before the trading ratios are actually used, the revised regulation 1125, including the trading ratios concurred with by EPA, will undergo appropriate noticing and public hearing processes and will be submitted to EPA for approval and inclusion in the Delaware SIP. Following the Department's presentation at the public hearing, verbal comment

was presented by three individuals: Stuart Widom of Calpine Corporation, Robert Whetzel representing the Delaware State Chamber ofCommerce, and David Bacher of NRG. These verbal comments were then followed up with the submission ofwritten



### 4" 

# .

comments (prior to the close of the public comment period) from Thomas S. Webster representing Dupont Engineering, Robert Muche representing Delaware City Refining Company, and, once again, Stuart Widom of Calpine Corporation. The Department reviewed all comments received, and identified, in total, seven (7) unique comments with regard to this proposed promulgation, The Division ofAir Qualitythen summarizedeach ofthese seven comments in theirTechnical Response Memorandum ("TRM") dated June 30, 2011 and received by this Hearing OfficeronJuly 12, 2011. While the Department agreed with several of the written comments submitted (and, in response, made several non-substantive revisions for clarification purposes to the proposed regulation amendments accordingly), there were other concerns to which the Department responded with theirrationale as to why these revisions should go forward as proposed at this time. It should also be noted that, in addition to the Department's response to the public comment received in this matter, there were also several clerical, non-substantive errors found within the proposed regulation amendments during the Division ofAir Quality's exhaustive review ofthe record. These clerical errors were corrected, and are included within the 

### revised proposed regulation amendments at this time. Given the nature ofthe comments received by the Department in this matter, and the thoroughness ofthe Department's review and detailed response to the same (and, in the spirit of full disclosure to the regulated community), the Division of Air Quality forwarded a copy ofaforementioned TRM, along with the proposed 

### revisedamendments to regulation 1125, to those persons who had originally offered their concerns to the Department, and requested those individuals to provide additional comment, ifdesired, to



## 5

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..



### the Department within ten (10) days from the date ofthe transmission letter. This action

was taken by the Division ofAir Quality in August of2011, to ensure that the concerns of the regulated community with respect to this promulgation had been thoroughly addressed by the Department, and that no additional vetting of this proposed promulgation would be necessary. It 

### should be noted that no additional comments were received by the Departmentconcerning this matter. For the Secretary's review, and in order for the Secretary to gain a thorough understanding ofthis proposed promulgation, copies ofthe above-referenced proposed revised 

### amendments are attached hereto as Appendix "A", and the same are expressly incorporated into this Hearing Officer'sReport. It should be noted that the Department adhered to all appropriate Delaware statutes and the regulatory development process in this matter, and that the Department has met the required public notice obligations regarding these proposed amendments. It 

### should also be noted that the Department has reviewed this proposed amendment in the light ofthe 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 citizensequally. 

### III. Conclusions andRecommendations: 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, Requirements for Preconstruction Review: Sections 1.9 ("Definitions"), 2.0 ("Emissions Offset Provisions"), and 3.0 ("Prevention of Signification Deterioration ofAir Quality [PSD]). I also recommend the adoption ofthe



## 6· 

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proposed 

### revised regulatory amendments, based upon the reasoning as set forth in the aforementioned TRM provided by DAQ. Accordingly, I recommend promulgation of these proposed 

### revisedamendments in the customary mannerprovided by law. Further, Irecommendthe following findings: 1. The Department has jurisdiction under its statutory authority, 7 Del.e., Chapter60, to make a determination in this proceeding; 2. The Department provided adequate public notice of the proceeding and the public hearing in a mannerrequired by the lawand regulations; 3. The Department held a public hearing in a manner required by the law and regulations; 4. The Department has reviewed these proposed 

### revisedamendments in the light ofthe 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; 5. The aforementioned proposed amendments to 7 DE Admin. Code 1125 will enable Delaware to do the following: (1) conform to the federal requirements concerning new source permitting ofqualifying sources ofparticulate matter with an aerodynamic diameter equal to or less than 2.5 micrometers (PM2S) 

### and of sources of two PM2.5 

### precursors, sulfur dioxide (S02) 

### and nitrogen oxides (NOx); and (2) correct several known non-substantive clerical errors contained within the current version ofthis regulation; 6. The Department has an adequate record for its decision, and no further public hearing is appropriate ornecessary;



### 7

## ---_._--------------------------

7. The Department's proposed 

### revised amendments to these regulations, as published in the May 1, 2011 

### Delaware Register of Regulations and set forth within Appendix "A" hereto, are adequately supported, not arbitrary or capricious, and are consistent with the applicable laws and regulations. Consequently, they should be approved as a final regulation, which shall go into effect ten days after their publication in the next available issue ofthe 

### DelawareRegisterof Regulations; and 8. The Department shall submit the proposed regulation amendments as final to the Delaware 

### Register ofRegulations for publication in its next available issue, and shall provide written notice to the persons affected by the Order.

/ahear/Reg. 1125. Sect 1.9.2and 3



### 8 " ',' 

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i 

## I I I I Ii 

# II II j 

# I2/11/2012 TITLE 7 NATURAL RESOURCES 

### & ENVIRONMENTAL CONTROL DELAWARE ADMINISTRATIVE CODE 1100 Air Quality Management Section 1125 Requirements for Preconstruction Review

1.0 General Provisions 1.1 Requirements ofthis regulation are in addition to any other requirements ofthe State of Delaware Regulations Governing the Control ofAir Pollution. 1.2 Any stationary source which will impactan attainment area or an unclassifiable area as designated by the U.S. Environmental Protection Agency (EPA) pursuant to Section 107 ofthe Clean Air Act Amendments of 1990 (CM), is subject to the provisions of3.0 ofthis regulation, Prevention ofSignificant Deterioration (PSD). 1.3 Any stationary source which will impact a non-attainmentarea as designated by the EPA pursuant to Section 107 ofthe CM is subject to 2.0 of this regulation, Emission Offset Provisions (EOP). 1.4 A source may be subject to PSD for one pollutant and to EOP for another pollutant, or

### may affect both attainment orunclassifiable areas and a non-attainment area for the same pollutant. 1.5 Any emission limitation represented by Lowest Achievable Emission Rate (LAER) may be imposed by the Department pursuant to regulations adopted under 20ofthis regulation herein notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100 Regulations Governing the Control ofAir Pollution. 1.6 Any emission limitation represented by BestAvailable Control Technology (BACT) may be imposed by the Department pursuantto regulations adopted under 3.0 ofthis regulation herein notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100, Regulations Governing the Control ofAir Pollution. 1.7 No stationary source shall be constructed unless the applicant can substantiate to the Department that the source will comply with any applicable emission limit or New Source Performance Standard or Emission Standard for a Hazardous Air Pollutant as set forth in 7 DE Admin. Code 1100 Regulations Governing the Control ofAir Pollution. 1.8 Any stationary source that implements, for the purpose ofgaining relief from 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 ofoperation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design and the limitation orthe effect it would have on emissions is enforceable, notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100 Regulations Governing the Control ofAir Pollution. If a source petitions the Department for relieffrom any resulting limitationdescribed above, the source is subject to review under 2.0 and 3.0 ofthis regulation as though construction had not yet commenced on the source or modification. 1.9 Definitions

- For the purposes ofthis regulation "Actual Emissions" means the actual rate of emissions of a pollutant from an emission unit, as determined in accordance with the three subparagraphs below. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, orcombusted during the selected time 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 on that date. "Allowable Emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits, which restrict the operating rate, or hours ofoperation, or both) and the most stringent ofthe following: The applicable standards

as set forth in 7 DE Admin. Code 1120 and 1121; Other applicable Delaware State Implementation 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 partthereof) designated as attainment or unclassifiable in which the major source or major modification establishing the minor source baseline date would construct orwould have an air quality impact ofthe pollutant for which the baseline date is established, as follows: equal to orgreaterthan one J.1g/m3 (annual average). for S02, N02 , or PM lO; or equal to orgreaterthan 0.3 J.1g/m3 (annual average) for PM2S· Area redesignations cannot intersect or be 

### smallerthan the area of impact of any major stationary source or major modification which: Establishes a minor source baseline date, or Is subject to this regulation. "Baseline Concentration" means that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:The actual emissions representative of sources in existence on the applicable minor source baseline date, except as listed under Exceptions below

. •The allowable emissions of major stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date. Exceptions: The following will not be included in the baseline concentration and will affectthe applicable maximum allowable increase or increases: Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

"Major Source Baseline Date" means in the case of PM 10 and S02, January 6, 1975; in the case of N02 , February 8, 1988; and, in the case of PM2 .5

, October 20,2010. "Minor Source_Baseline Date" Minor Source Baseline €late means the earliest date, after August 7, 1977 in the case of PM IO and S02; after February 8, 1988 in the case of N02 ; and, after October 20, 2011 in the case of PM25, on which the first complete application is submitted by a major stationary source or major modification subject to the requirements of 

### 3.0 of this regulation. The minor source baseline date is established for each pollutant for which increments or other equivalent measures have been established if: The area in which the proposed source or modification would construct is designated as attainment or unclassifiable for the pollutant on the date of its complete application under 1.0 ofthis regulation; and In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase ofthe pollutant. "Begin Actual Construction" 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. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation ofthe change. "Best Available Control Technology (BACT)" means an emisSions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under CAA which would be emitted from any proposed major stationary source or major modification which the Department, on a case-by-case basis, takes into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, andtechniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control ofsuch pollutant. In no event shall application of best available control technology result in emissions ofany pollutant which would exceed the emissions allowed by any applicable standard under 7 DE Admin. Code 1120 and 1121. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment,**~ork** practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. 

### "Building, Structure, Facility, or Installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same first two digit code) as described in the Standard Industrial Classification Manual, 1972, 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 NOx pollutant-emitting activities, this definition shall apply only to the "Building, Structure or Facility". 

### "Commence" as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has: Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction ofthe source to be completed within a reasonable time. 

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

### "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. 

### "Condensable Particulate Matter" means material that is vapor phase atstack conditions, but condenses and/or reacts upon cooling and dilution in the ambient airto form solid or liquid PM immediately after discharge from the stack. Note that all condensable PM is assumed to be in the PM2.5 size fraction. 

### "Direct Particulate Matter" means particles that enter the atmosphere as a direct emission from a stack or an open source. Direct PM comprises two components: filterable PM and condensable PM. These two PM components have no upper particle size limit. 

### "Direct PM2.s" means combined filterable PM2.5 and condensable PM with an aerodynamic diameter less than or equal to 2.5 micrometers. These solid particles are emitted directly from an air emissions source oractivity, orare the gaseous emissions or liquid droplets from an air emissions source oractivity that condense to form PM at ambienttemperatures. Direct PM25 emissions include elemental carbon, directly emitted organic carbon, directly emitted sulfate,directly emitted nitrate, and other inorganic particles (including but not limited to crustal material, metals, and sea salt). "Emissions Unit" means any part ofa stationary source which emits or would have the potential to emit any pollutant subject to regulation under the CM. "Enforceable" means any standard, requirement, limitation or condition established by an applicable federal or state regulation or specified in a permit issued or order entered thereunder, or contained in a SIP approved by the Administrator ofthe 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 a source as a solid or liquid at stack or release conditions and captured on the filter ofa stack test train. "Fugitive Emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, orotherfunctionally equivalent opening. "Fixed Capital Cost" means the capital needed to provide all the depreciable components. "Greenhouse Gases (GHG)" means an air pollutant composed of an aggregate group of six greenhouse gases; carbon dioxide (C02), nitrous oxide (N 20), methane (CH4), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6). For the purposes of this regulation, the term C02equivaient emissions (C02e) shall represent an amount ofGHG emitted, and shall be computed as follows; Multiply the mass amount ofemissions (tpy), for each ofthe six greenhouse gases in the pollutant GHG by the gases associated global warming potential as shown in Table 1-1 of this regulation. Sum the resultant value for each gas to compute a tpy C02e Table 1-1 GLOBAL WARMING POTENTIALS Name CAS No. Chemical formula Global warming potential (100 yr.) Carbon dioxide 124-38-9 CO2 1 Methane 74-82-8 CH4 21 Nitrous oxide 10024-97-2 N20 310 HFC-23 75-46-7 CHF3 11,700 HFC-32 75-10-5 CH2F2 650 HFC-41 593-53-3 CH3F 150 HFC-125 354-33-6 C2HFs 2,800 HFC-134 359-35-3 C2H2F4 1,000 HFC-134a 811-97-2 CH2FCF3 1,300 HFC-143 430-66-0 C2H3F3 300 HFC-143a 420-46-2 C2H3F3 3,800 HFC-152 624-72-6 CH2FCH2F 53 HFC-152a 75-37-6 CH3CHF2 140 HFC-161 353-36-6 CH3CH2F 12 HFC-227ea 431-89-0 C3HF7 2,900HFC-236cb 677-56-5 CH2 FCF2 CF3 1,340 HFC-236ea 431-63-0 CHF2 CHFCF3 1,370 HFC-236fa 690-39-1 C3H2FS 6,300 HFC-245ca 679-86-7 C3H3F5 560 HFC-245fa 460-73-1 CHF2 CH2 CF3 1,030 HFC-365mfc 406-58-6 CH3CF2 CH2 CF3 794 HFC-43-10mee 138495-42-8 CF3CFHCFHCF2 CF3 1,300 Sulfur hexafluoride 2551-62-4 SFs 23,900 PFC-14 (Perfluoromethane) 75-73-0 CF4 6,500 PFC-116 (Perfluoroethane) 76-16-4 C2 FS 9,200 PFC-218 (Perfluoropropane) 76-19-7 C3F

### e 7,000 Perfluorocyclopropane 931-91-9 C3FS 17,340 PFC-3-1-10 (perfluorobutane) 355-25-9 C4 F10 7,000 Perfluorocyclobutane 115-25-3 C4 F



### e 8,700 PFC-4-1-12 (Perfluoropentane) 678-26-2 C5F12 7,500 PFC-5-1-14 (Perfluorohexane) 355-42-0 CSF14 7,400 PFC-9-1-18 306-94-5 C1OF18 7,500 "Innovative Control Technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy economics, or non-air quality environmental impacts. "LowestAchievable 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 ofoperation ofa major stationary source that would result in a significant net emissions increase of any pollutant subject to regulation underthe CM. Any net emissions increase that is significant for either volatile organic compounds or nitrogen oxides shall be considered significant for ozone. A physical change or change in the method ofoperation shall not include: Routine maintenance, repair and replacement; Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal PowerAct; Use ofan alternative fuel by reason ofan order or rule under Section 125 ofthe CM; Use of an alternative fuel at a steam-generating unit to the extent that the fuel is generated from municipal solid waste;Use ofan alternative fuel or raw material by a stationary source which: The source was capable ofaccommodating before January 6, 1975; unless such change would be prohibited under any previously issued permit condition which was established afterJanuary 6, 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, unless such change would be prohibited under any previously issued permit condition which was established after January 6, 1975; Any change in ownership at a stationary source. "Major Stationary Source"

- See 2.2 and 3.1 ofthis regulation. "Necessary Preconstruction Approvals or Permits" means those permits or approvals required under Delaware air quality control laws and regulations. "Net Emissions Increase" Net emissions increase means the amount by which the sum of the following exceeds zero: Any increase in actual emissions from a particular physical change or change in method of operation at a stationary source; and Any other increases and decreases in actual emIssIons at the source that are contemporaneous with the particular change and are otherwise creditable. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: The date five years before construction on the particular change commences; and The date that the increase from the particular change occurs. An increase or decrease in actual emissions is creditable only if the Department has not relied on it in issuing a permit for the source under this regulation, which permit is in effectwhen the increase in actual emissions from the particular change occurs. An increase or decrease in actual emissions of sulfur dioxide or particulate matter which occurs before the applicable baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level. A decrease in actual emissions is creditable only to the extent that:------ ------------------------

The old level of actual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; It is enforceable at and after the time that actual construction on the particular change begins; and It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. It has not been adopted by the Department as a required reduction to be made part ofthe SIP or it is not required by the Department pursuant to an existing requirement ofthe SIP. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. "OzoneTransport Region" means the region designated by section 184 ofthe federal Clean Air Act and comprised ofthe states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan Statistical Area that includes the District ofColumbia 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 ofa shutdown, the permitto operate for the emission unit or units has been voided. "Potential to Emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution'control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit ofa 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 Departmentand the Administrator ofthe EPA "Real" (Reductions) means reductions in actual emissions released into the atmosphere. "Reconstruction" will be presumed to have taken place where the fixed capital cost ofthe new components exceeds 50% of the fixed capital cost of a comparable entirely new stationary source. Any final decision as to whether reconstruction has occurred shall be made in accordance with the provisions of 40 CFR 60.15(f)(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 60.15(f)(4) shall be taken into account in assessing whether a new source performance standard is applicable to such stationary source. "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 from the major stationary source or major modification itself. For the purpose of this regulation, secondaryemissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions may include, but are not limited to: Emissions from ships, trains, or other vehicles coming to or from the new or modified stationary source; and Emissions from any offsite support facility or facilities which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification. "Significant" (a) "Significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emissions Rate Carbon monoxide: 100 tons per year (TPY) Sulfur dioxide: 40 TPY Particulate matter: 25 TPY Ozone: New Castle and Kent Counties

- 25 TPY of either volatile organic compounds or nitrogen oxides· Sussex County

- 40 TPY ofeither volatile organic compounds or nitrogen oxides· Lead: 0.6 TPY Asbestos: 0.007 TPY Beryllium: 0.0004 TPY Mercury: 0.1 TPY Vinyl chloride: 1TPY Fluorides: 

### 3TPY Sulfuric acid mist: 7TPY Hydrogen sulfide (H2S): 10 TPY Total reduced sulfur (including H2S): 10 TPY Reduced sulfur compounds (including H2S): 10 TPY PM,o particulate: 15 TPY PM25: 10 TPY ofdirect PM25 emissions; 40 TPY ofsulfur dioxide emissions; 40 TPY nitrogen oxide emissions.

*Note: Increases in net emissions shall not exceed 25 tons per year in New Castle and Kent Counties, or 40 tons per year in Sussex, when aggregated with all other net increases in emissions from the source over any period of five consecutive calendar years which includes the calendar year in which such increases occur. No part of the five consecutive years shall extend before January 1, 1991. (b) "Significant" means, in reference to a net emissions increase or the potential of a source to emit a pollutant subject to regulation under the CMthat (a) does not list, any emissions rate. (c) Notwithstanding (a), "significant" means any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within ten kilometers of a Class I area, and have an impact on such area equal to or greater than one**~g/m3,** (24-hour average).--_ ... ---------------------------



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"Stationary Source" means any building, structure, facility or installation which emits or may emit any air pollutant subject to regulation underthe CM. "Subject to Regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by EPA, that requires actual control of the quantity of emissions of that pollutant. and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that GHG shall not be subject to regulation except as follows: (a) Beginning January 2, 2011, the pollutant GHG shall be subjectto regulation if: The stationary source is a new major stationary source for any pollutant subject to regulation underthe CMthat is not GHG and also will emit orwill have the potential to emit 75,000 tpy C02e or more; or The stationary source is an existing majorstationary source for 

### any pollutant subject to regulation underthe CMthat is not GHG and also will have an emissions increase of that pollutant and an emissions increase of75,000 tpy C02

### e or more: and, in addition, (b) Beginning July 1, 2011, the pollutant GHG also shall be subject to regulation: At a newstationary source that will emit or have the potential to emit 100,000tpy C02e: or At an existing stationary source that emits or has the potential to emit 100,000 tpy C02e when such stationary source undertakes a physical change orchange in the method of operation that will result in an emissions increase of 75,000 tpy C02e or more. The term emissions increase, as used above, shall mean that both a significant emissions increase and a significant net emissions increase occur. "Surplus" (Reductions) means actual emission reductions below the baseline (see 2.5.2 of this regulation) not required by regulations or proposed regulations, and not used by the source to meet any state orfederal regulatory requirements. 14 DE Reg. 579 (12/01/10) 2/11/2012 

### 2.0 Emission Offset Provisions (EOP) 2.1 Applicability

- The provisions of2.0 ofthis regulation shall apply to any person responsible for any proposed new majorstationary source or any proposed major modification. 2.2 For purposes of2.0 ofthis regulation, "majorstationary source" means: 2.2.1 Any stationary source ofair pollutants which emits, or has the potential to emit, 100 tons peryear or more ofany pollutant subject to regulation underthe Clean AirAct, except for 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, in the following amounts:

---------------------------

------ -2.2.2.1 For areas in ozone attainment, ozone marginal, or ozone moderate nonattainment areas and located in the ozone transport region

- 50 tons per year volatile organic compounds or 100 tons per year ofoxides of nitrogen, or 2.2.2.2 For serious ozone nonattainment areas - 50 tons per year of either volatile organic compounds or oxides of nitrogen, or 2.2.2.3 For severe ozone nonattainment areas - 25 tons per year of either volatile organic compounds oroxides of nitrogen, or 2.2.2.4 For extreme ozone nonattainment areas - 10 tons per year of either volatile organic compounds oroxides of nitrogen. 2.2.3 Any physical change that would occur at a stationary source not qualifying under 2.2.1 or 2.22 of this regulation as a major stationary source, if the change would constitute a major stationary source by itself, or 2.2.4 A major stationary source that is major for either volatile organic compounds or nitrogen oxides shall be considered major for ozone, and "installation" means an identifiable piece of process, combustion or incineration equipment. 2.2.5 Nitrogen oxides and S02 shall be considered as precursors, and are considered nonattainment pollutants in any PM25 nonattainment**area~** 2.3 For the purposes of2.4 and 2.5 ofthis regulation, emission units located in areas designated as attainment or marginal nonattainment areas that are located within the ozone transport region shall be considered located in a moderate ozone nonattainment area. 2.4 Conditions for Approval

- No person subjectto the provisions of 2.1 ofthis regulation shall install a major stationary source ofvolatile organic compounds orof nitrogen**oxides~** PM2.5, or sulfur oxides or make a major modification to a source which will cause orcontribute to any violation ofthe national ambient airquality standards for ozone or PM2.5 within an area of non-attainment for that pollutant unless the following conditions are met: 2.4.1 The new major source or the major modification is controlled by the application of lowest achievable emission rate (LAER) control technology. 2.4.2 All existing sources in the State owned or controlled by the owner ofthe proposed new or modified source are in compliance with the applicable local, State and federal regulations or are in compliance with a consent order specifying a schedule and timetable for compliance. 2.4.3 The new or modified source must satisfy the following offset requirements: 2.4.3.1 The ratio of total actual emissions reductions of volatile organic compounds or nitrogen oxides to total allowable increased emissions of volatile organic compounds or nitrogen oxides shall be: 24.3.1.1 For moderate ozone nonattainmentareas, 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, or2.4.3.1.4 For extreme ozone nonattainment areas, 1.5 to 1. 2.4.3.2 All offsets shall be federally enforceable at the time of application to construct and shall be in effect by the time the new or modified source commences operation. 2.4.3.3 The ratio oftotal actual emissions reductions ofsulfur dioxide, nitrogen oxides or PM2.5to total allowable increased emissionsshall be 1: 1. 2.4.4 The application for construction permit pursuant to 7 DE Admin. Code 1102 shall include an analysis of alternative sites, sizes, production processes and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. 2.4.5 Public participation for the construction permit shall be pursuant to 12.3 or 12.4 and 12.5 of 7 DE Admin. Code 1102. 25 Criteria for Emission Reductions Used as Offsets 2.5.1 All emission reductions claimed as offset credits shall be real, surplus, permanent, quantifiable, and federally enforceable; 2.5.2 The baseline for determining credit for emissions reductions shall be the lower of actual or allowable emissions. The offset credit shall only be allowed for emission reductions made below the baseline; 2.5.3 Emission reductions claimed as offsets shall have occurred on or after January 1, 1991; 2.5.4 Credit for an emission reduction may be claimed for use as an offset to the extent that the Department has not relied on it in issuing any permit under this regulation and has not relied on it for demonstration ofattainment or reasonable further progress; 2.5.5 Emission reductions shall not be used as offsets in an area with a higher nonattainment classification than the one in which they were generated. 2.5.6 Emission reductions claimed as offsets by a source must be generated from within the same nonattainment area or from any other area that contributes to a violation of the ozone National Ambient Air Quality Standard in the nonattainment area which the source is located. 2.5.7 The Department may allow the offset requirement in 2.5 of this regulation for direct PM2.5 emissions or precursors of PM25 (sulfur dioxide or NOx) to be satisfied by offsetting reductions in direct PM25 emissions or emissions of sulfur dioxide or NOx using a ratio approved by the Department for the nonattainment area after public review and comment. Prior to making a final determination on the interpollutant trading ratios for a nonattainment area, the Department shall submit the interpollutant trading ratios and supporting information to the EPA for concurrence.

(. 2.6 Emission reductions generated in a state other than Delaware and which are placed in the emissions bank established pursuant to 7 DE Admin. Code 1134 may be used as offsets provided they are federally enforceable and meet, at a minimum, all the provisions of7 DE Admin. Code 1134 and 2.5.5, and 2.5.6 of this regulation. 2/11/12 

### 3.0 Prevention ofSignificant Deterioration ofAir Quality 

### I

. ; I 

## I 

# I I3.1 Definitions

- Forthe purposes of 3.0 ofthis regulation: "MajorStationary Source" means:

•Any ofthe following stationary sources ofair pollutants which emits or has the potential to emit, 100 tons per year or more ofany pollutant subject to regulation underthe CM: Fossil fuel-fired steam electric plants ofmore than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable ofcharging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants, fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input. petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;

• Notwithstanding the stationary source size specified in the above paragraph, any stationary source which emits, or has the potential to emit. 250 tons peryear or more ofany air pollutant subject to regulation underthe CM; or

•Any physical change that would occur at a stationary source not otherwise qualifying under the preceding paragraph as a major stationary source, if the change would constitute a major stationary source by itself. A major stationary source that is majorfor volatile organic compounds or nitrogen oxides shall be considered major for ozone. 3.2 Ambient Air Increments. In areas designated as Class I, II or III, increases in pollutant concentration overthe baseline concentration shall be limited to the following:

Maximum allowable increase (Micrograms per cubic meter)

Pollutant Total suspended particulates: Annual geometric mean 24-hour maximum Sulfurdioxide: Annual arithmetic mean 24-hour maximum Three-hour maximum PM2s: Class I



### 5 10 

### 2 

### 5 25Annual geometric mean 1 24-hr maximum 2 PM 10: Annual arithmetic mean 4 24-hr maximum 8 Nitrogen dioxide Annual arithmetic mean 25

Class II Pollutant Total suspended particulates: Annual geometric mean 19 24-hour maximum 37 Sulfur dioxide: Annual arithmetic mean 20 24-hour maximum 91 Three-hour maximum 512 PM2.S: Annual arithmetic mean 4 24-hour maximum 9 PM 10: Annual arithmetic mean 17 24-hr maximum 30 Nitrogen dioxide:

Annual arithmetic mean 25

Class III Pollutant Total suspended particulates: Annual geometric mean 37 24-hour maximum 75 Sulfur dioxide: Annual arithmetic mean 40 24-hour maximum 182 Three-hour maximum 700 PM2.S: Annual arithmetic mean 8 24-hour maximum 18 PM lO:

Annual arithmetic mean 34 24-hour maximum 60 Nitrogen dioxide:

Annual arithmetic mean 50 

# IIFor any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at anyone location. 3.3 Ambient Air Ceilings. No concentration ofa 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 ofexposure. 3.4 Restrictions on Area Classification. 3.4.1 All Areas in the State of Delaware are designated Class II, but may be redeSignated as provided in 40 CFR 52.51(g). 3.4.2 The following areas may be redesignated only as Class I: 3.4.2.1 Bombay Hook National Wildlife Refuge; and 3.4.2.2 A national park or national wilderness area established after August 7, 1977 which exceeds 10,000 acres in size. 3.5 Exclusions from Increment Consumption 3.5.1 Upon written request of the governor, made after notice and opportunity for at least one public hearing to be held in accordance with procedures established by the State of Delaware, the Department shall exclude the following concentrations in determining compliance with a maximum allowable increase: 3.5.1.1 Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under sections 2(a) and 2(b) 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 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 PowerAct overthe emissions from such sources before the effective date ofsuch plan; 3.5.1.3 Concentrations of particulate matter attributable to the increase in emissions from construction orother temporary emission-related activities of new or modified sources; 3.5.2 No exclusion ofsuch concentrations shall apply more than five years after the effective date of the order to which 3.5.1.1 ofthis regulation refers or the plan to which 3.5.1.2 ofthis regulation refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five years afterthe laterofsuch effective dates. 3.6 Stack HeightsThe provisions of7 DE Admin Code 1127 - STACK HEIGHTS, are applicable to 3.6 of this regulation. 3.7 Review of Major Stationary Sources and Major Modifications

- Source Applicability and Exemptions. 3.7.1 No stationary source or modification to which the requirements of 3.8 through 3.15 of this regulation apply shall begin actual construction without a permit which states that the stationary source or modification would meetthose requirements. The Department has authority to issue any such permit. 3.7.2 The requirements of 3.8 through 3.15 of this regulation shall apply to any major stationary source and any major modification with respect to each pollutant subject to regulation under the CAA that it would emit, except as 3.0 ofthis regulation otherwise provides. 3.7.3 The requirements of 3.8 through 3.15 of this regulation apply only to any major stationary source or major modification that would be constructed in an area deSignated as attainment or unclassifiable. 3.7.4 The requirements of 3.8 through 3.15 of this regulation shall not apply to a particular major stationary source or major modification, if: 3.7.4.1 The source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution, and the governor requests that it be exempt from those requirements; or 3.7.4.2 The source or modification would be a major stationary source or major modification only 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 ofthe following categories: 3.7.4.2.1 Coal cleaning plants (with thermal dryers); 3.7.4.2.2 Kraft pulp mills; 3.74.2.3 Portland cement plants; 3.7.42.4 Primary zinc smelters; 3.7.4.2.5 Iron 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 ofcharging more than 250 tons of refuse per day; 3.7.4.2.9 Hydrofluoric, sulfuric, or nitric acid plants; 3.7.4.2.10 Petroleum refineries; 3.7.4.2.11 Lime plants; 3.7.4.2.12 Phosphate rock processing plants; , ;3.7.4.2.13 Coke oven batteries; 3.7.4.2.14 Sulfur recovery plants; 3.7.4.2.15 Carbon 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 plants; 3.7.4.2.19 Secondary metal production plants; 3.7.4.2.20 Chemical process plants; 3.7.4.2.21 Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input: 3.7.4.2.22 Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 3.7.4.2.23 Taconite ore processing plants; 3.7.4.2.24 Glass fiber processing plants; 3.7.4.2.25 Charcoal production plants; 3.7.4.2.26 Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; 3.7.4.2.27 Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 ofthe CM; 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 relocate the source and emissions of the source atthe new location would be temporary; and 3.7.4.3.2 The emissions from the source would not exceed its allowable emissions; and 3.7.4.3.3 The em!ssions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and 3.7.4.3.4 Reasonable notice is given to the Department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Department not less than 10 days in advance of the proposed relocation unless adifferenttime duration is previously approved by the Department.3.7.5 The 

### requirements of 3.8 

### through 3.15 of 

### this regulation shall 

### not apply 

### to a 

### majorstationary 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, 3.11, and 3.13 of this regulation shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, orthe net emissions increase ofthat pollutant from the modification: 3.7.6.1 Would impact no Class I area and no area where an applicable increment is known to be violated, and 3.7.6.2 Would be temporary. 3.7.7 The Department may exempt a stationary source or 

### modification from the requirements of 311 ofthis regulation with respectto monitoring for a particular pollutant if: 3.7.7.1 The emissions increase ofthe pollutant from the new source orthe net emissions increase ofthe pollutant from the modification would cause, in any area, air quality impacts less than the following amounts: Carbon monoxide: 575 

### ug/m3

, eight-hour average; Nitrogen dioxide: 14 

### ug/m3

, annual average; Total suspended particulate: 10 

### ug/m3

, 24-hour average; Sulfur dioxide: 13 

### ug/m3

, 24-houraverage; Ozone: (See Note 1) Lead: 0.1 

### IJg/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; PM IO particulate: 10 

### ug/m3

, 24-houraverage; PM2.s: 4 

### IJg/m3

, 24-hour average

I ---,[Note 1: No de minimus air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impactanalysis including the gathering of ambient air quality data.] 3.7.7.2 The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in 3.7.7.1 of this regulation, or the pollutant is not listed in 3.7.7.1 ofthis regulation. 3.8 Control Technology Review 3.8.1 A major stationary source or major modification shall meet each applicable emissions limitation ofthe State of Delaware's Air Pollution Control Regulations. 3.8.2 A new major stationary source shall apply best available control technology for each pollutant subject to regulation under the CM that it would have the potential to emit in significant amounts. 3.8.3 A major modification shall apply best available control technology for each pollutant subject to regulation under the CAA for which it would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result ofa phySical change or change in the method ofoperation in the unit 3.8.4 For phase construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy ofany previous determination of best available control technology for the source. 3.9 Source Impact 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 will be deemed to have been made ifthe emissions increase from the newstationary source alone orthe modification alone would cause, in all areas, air quality impacts less than the following significant impact levels:

Pollutant Significant Impact Level 

### IJg/m3 Averaging Time Annual 24-hour Class 0.06 0.07 Class II 0.3 1.2 Class III 0.3 1.23.10 Air Quality Models. 3.10.1 All estimates of ambient concentrations required under 3.0 of this regulation shall be based on the applicable air quality models, databases, and other requirements specified in the "Guideline on Air Quality Models" (OA-QPS 1.2-080, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, April, 1978 or its subsequent revisions). This document is incorporated by reference. 3.10.2 When an air quality impact model specified in the "Guideline on Air Quality Models" is inappropriate, the model may be modified or another model substituted. Such a change must be subject to the notice and opportunity for public comment under 3.15 of this regulation. Written approval of the Department must be obtained for any modification or substitution. Methods like those outlined in the 'Workbook for the Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 17711, May, 1978 or its subsequent revisions) should be used to determine the comparability ofair quality models. 3.11 Air Quality Analysis 3.11.1 Preapplication Analysis. 3.11.1.1 Any application for a permit under 3.0 of this regulation shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants: 3.11.1.1.1 For the source, each pol/utant that it would have the potential to emit in a significant amount;3.11.1.1.2 For the modification, each pollutant for which it would result in a significant net emissions increase. 3.11.1.2 With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Department determines is necessary to assess ambient airquality for that pollutant in any area that the emissions ofthat pollutant would affect. 3.11.1.3 With respect to any such pollutant (other than non-methane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat pollutant would cause or contribute to a violation ofthe standard or any maximum allowable increase. 3.11.1.4 In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one year and shall represent at least the year preceding receipt of the application, except that, if the Department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than four months), the data that is required shall have been gathered over at least that shorter period. 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 postapproval monitoring data for ozone in lieu of providing preconstruction data as required under 3.11.1 of this regulation.

### •

Condition 1: The new source is required to meet an emission limitation which specifies the lowest achievable emission rate for such source. Condition 2: The applicant must certify that all existing major sources owned or operated by the applicant (or any entity controlling, controlled by, or undercommon control with the applicant) in Delaware are in compliancewith all applicable emission limitations and standards underthe CM (or are in compliance wIth an expeditious schedule approved by the Department). Condition 3: Emission reductions ("offsets") from existing sources in the area ofthe proposed source (whetheror not under the same ownership) are required such that there will be reasonable progress toward attainmentofthe applicable NMQS. Only intrapo"utant emission offsets wi" be acceptable (e.g., hydrocarbon increases may not be offset against S02 (reductions)). Condition 4: The emission offsets wi" provide a positive net airquality benefit in the affected area (see 40 CFR Part 51 App. S). Atmospheric simulation modeling is not necessary forvolatile organic compounds and NOx' Fulfillment ofCondition 3 will be considered adequate to meetthis condition for volatile organic compounds and NOx. 3.11.2 Post-construction monitoring. The owner or operator of a major stationary source or major modification shall, after construction of the stationary source or modification conduct such ambient monitoring as the Department determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area. 311.3 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 Information. The owner or operator of proposed source or modification shall submit all information necessary to perform any analysis or make any determination required under3.0 ofthis 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 ofthe 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 to what system of continuous emission reduction is planned for the source or modification, emission estimates, and any other information necessary to determinethat best available control technology would be applied. 3.12.2 Upon request ofthe Department, the owneroroperator 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 August 7, 1977 or the applicable baseline date or dates, in the area the source or modification would affect. i 

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# I3.13 Additional Impact Analyses. 3.13.1 The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial and other growth associated with the source or modification. The owner or operator need not provide an analysis ofthe impacton vegetation having no significant commercial or recreational value. 3.13.2 The owner or operator shall provide an analysis of the air quality impact projected for the area as a result ofgeneral commercial, residential, industrial and other growth associated with the source or modification. 3.14 Public Participation 3.14.1 Within 30 days after receipt of an application to construct, or any addition to such application, the Department shall advise the applicant of any deficiency in the application or in the information submitted. In the event of such a deficiency, the date of receipt ofthe application shall be, for the purpose of 3.0 ofthis regulation, the date on which the Department received all required information. 3.14.2 Within one year after receipt of a complete application, the Department shall make a final determination on the application. This involves performing the following actions in atimely manner: 3.14.2.1 Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved. 3.14.2.2 Make available a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination. 3.14.2.3 Notify the public, by advertisement in a newspaper of general circulation in each region in which the proposed source or modification would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and the opportunity for comment at public hearing as well as written public comment. 3.14.2.4 Send a copy of the notice of public comment to the applicant and to officials and agencies having cognizance over the location where the proposed construction would occur as follOWS: the chief executives of the city and county where the source or modification would be located and any comprehensive regional land use planning agency whose lands may be affected by emissions from the source or modification. Additionally, if the proposed source would have significant interstate impact, the Governor ofthat impacted state would be notified. 3.14.2.5 Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source or modification, alternatives to the source or modification, the control technology required, and otherappropriate considerations. 3.14.2.6 Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing or hearings in making a final decision on the approvability ofthe application. No later than 10 days after the 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 a final determination whether construction should be approved, approved with conditions, or disapproved pursuant to 3.0 ofthis regulation.

. 3.14.2.8 Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the Department made available preconstruction information and public comments relating to the source or modification. 3.15 Source Obligation. 3.15.1 Any owner or operator who constructs or operates a source or modification not in accordance with the application submitted pursuant to 3.0 of this regulation or with the terms of any approval to construct, or any owner or operator ofa source or modification subject to 30 ofthis regulation who commences construction after the effective date of these regulations without applying for and receiving approval hereunder, shall be subject to appropriate enforcement action. 3.15.2 Approval to construct shall become invalid if construction is not commenced within 18 months after receipt ofsuch approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The Department may extend the 18-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between constructions of the approved phases ofa 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 ofany other requirements under local or Federal law. 315.4 At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue ofa relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours ofoperation, then the requirements of3.8 through 3.15 ofthis regulation shall apply to the source or modification as though construction had not yet commenced on the source or modification. 3.16 Innovative Control Technology. 3.16.1 An owner or operator of a proposed major stationary source or major modification may request the Department in writing no later than 30 days after the close of the public comment hearing to approve a system of innovative control technology. 3.16.2 The Department shall, with the consent of the Governor of Delaware, determine that the source or modification may employ a system of innovative control technology, if: 3.16.2.1 The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; 3.16.2.2 The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under 3.8.2 of this regulation by a date specified by the Department. Such date shall not be later than four years from the time of startup or seven years from permit issuance; 3.16.2.3 The source or modification would meet the requirements of 3.8 and 3.9 of this regulation based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date speCified by the Department;3.16.24 The source or modification would not be before the date specified by the Department: 3.16.24.1 Cause or contribute to a violation of an applicable national ambient air quality standard; or 3.16.2.4.2 Impact any Class I area; or 3.16.24.3 Impact any area where an applicable increment is known to be violated; and 3.16.2.5 All other applicable requirements including those for public participation have been met. 3.16.3 The Department shall withdraw any approval to employ a system of innovative control technology made under 3.0 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 any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety. 3.164 If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with 3.16.3 of this regulation, the Department may allow the source or modification up to an additional three years to meet the requirement for the application of best available control technology through use ofa demonstrated system ofcontrol. 13 DE Reg. 1345 (04/01/10)