O FFICE O F THE 

S ECRETARY 

STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONMENTAL CONTROL 

89 KINGS HIGHWAY 

DOVER, DELAWARE 1990 I 

November 1, 2007 

PHONE: ( 302) 739·9000 

FAX: ( 302) 739·6242 

Mr. DonaldS. Welsh (3RAOO) 

Regional Administrator 

U.S. Environmental Protection Agency 

Region III 

RECEIVED 

1650 Arch Street 

Philadelphia, PA 19103-2029 

Dear Mr. Welsh: 

NOV 1 3 2007 

I am pleased to submit the enclosed revision to the State of Delaware State Implementation Plan (SIP) 

for the Attainment and Maintenance of the National Ambient Air Quality Standards for Ozone. The 

revision adds a new regulation, Regulation No. 1144- CONTROL OF STATIONARY GENERA TOR 

EMISSIONS and amends Regulation No. 11 02 - PERMITS. Regulation No. 1144 will impact any owner 

of a stationary generator, except the owner of any: mobile generator; residential generator for emergency 

use only; certain generators whose emissions are already well controlled; or generators with a standby 

power rating of 10 kW or less. The amendments to Regulation No. 1102 will clarifY the permitting 

requirements for owners of stationary generators. The effective date of this regulation is January 11, 2006. 

We apologize for the lateness of this submittal; it was brought to our attention by your Air Quality 

Planning Branch, that this had not been received by Region ill. 

The requirements of the CAA Section 110(a)(2)(A) have been met through the normal public 

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

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

notification. It is the position ofthe State of Delaware that all minimum requirements set forth in the 

1990 Clean Air Act Amendments have been met. 

We look forward to continuing the cooperative effort between Delaware and EPA in this 

important work. As always, feel free to contact me or Ali Mirzakhalili, Administrator, (302) 739-9402, if 

you have any questions concerning the enclosed documents. 

cc: Judy Katz, EPA w/cncl. 

James Werner, DNREC, w/o encl. 

Ali Mirzakhalili 

John. A. Hughes 

Secretary 
REGULATION NO. 2 

PERMITS 

06/01/97

Section 1 - General Provisions 

1.1 This regulation establishes the procedures that satisfy the requirement of 

7 Del. C. Chapter 60 to report and obtain approval of equipment which has 

the potential to discharge air contaminants into the atmosphere, and, for 

construction or modification activities not subject to Regulation No. 25, 

the procedures that satisfy the requirement of 40 CFR Part 51 Subpart I 

(July 7, 1994 edition) and Section 110(a)(2)(C) of the federal clean air

act (CAA) as amended November 15, 1990. 

1.2 This regulation establishes procedures that enable a person to, as an

option, secure federally enforceable terms and conditions in a permit 

issued pursuant to this regulation. 

1.3 This regulation establishes procedures that enable a person subject to 

both this regulation and to Regulation No. 30 to, as an option, transfer

the terms and conditions of a construction permit issued pursuant to this 

regulation into a Regulation No. 30 operating permit via the 

administrative permit amendment process specified in Regulation No. 30. 

1.4 Within sixty (60) calendar days of receipt of a written request by the 

Department, an owner or operator of an existing facility, equipment, or

air contaminant control device which emits or causes to be emitted any air 

contaminant shall submit to the Department any relevant information that

the Department may request. Relevant information includes information 

that, in the Departments opinion, is relevant to any permit

application/registration or that is necessary to determine the 

applicability of or compliance with any State or Federal requirement, any 

permit term or condition, or any condition of registration. Such 

information also includes a permit application or a registration form, or 

a corrected or supplemented application/registration. This provision does

not limit the applicability of, nor does it sanction noncompliance with

the requirements of Section 2.1 of this regulation. 

1.5 Any approval granted by the Department pursuant to this Regulation, and

any exemption from the requirements of this Regulation provided for in

Section 2.2 shall not relieve an owner or operator of the responsibility

of complying with applicable local, State, and Federal laws and 

regulations. 

06/01/97

Section 2 - Applicability 

2.1 Except as exempted in Section 2.2, no person shall initiate construction, 

install, alter or initiate operation of any equipment or facility or air

contaminant control device which will emit or prevent the emission of an

air contaminant prior to receiving approval of his application from the

Department or, if eligible, prior to submitting to the Department a

completed registration form. 

a. For equipment that meets all applicable emission rate(s) and/or 

standard(s) specified in Section 11.8(a) and (b) without an air 

contaminant control device, and that meets the following conditions, 

Reg. No. 2 – Page 1 

 

the person shall submit to the Department a registration form 

pursuant to Section 9 of this regulation. 

i. For equipment without an air contaminant control device, the

equipment has actual emissions to the atmosphere of any air 

contaminant(s), in the aggregate, during any day that are 

equal to or greater than 0.2 pound per day and, during each 

and every day, that are less than ten (10) pounds per day; and 

ii. For equipment with an air contaminant control device, the 

equipment has actual emissions to the inlet of the air 

contaminant control device of any air contaminant(s), in the

aggregate, during any day that are equal to or greater than

0.2 pound per day and, during each and every day, that are 

less than ten (10) pounds per day; and 

iii. Regulation No. 25 does not apply. 

b.	 For equipment, a facility or an air contaminant control device that 

is not subject to Section 2.1(a) and that is subject to a source 

category permit, the person shall submit to the Department an 

application for a source category permit pursuant to Section 10 of

this regulation. A list of established source category permits is

available from the Department. 

c.	 For equipment, a facility or an air contaminant control device that 

is not subject to Section 2.1(a) or 2.1(b), the person shall submit 

to the Department an application for a permit pursuant to Section 11 

of this regulation. 

d.	 Any person who operates equipment, a facility or an air contaminant 

control device in accordance with a valid permit issued pursuant to 

Section 2.1(c) of this regulation, and who later becomes subject to 

a source category permit: 

i.	 May, at any time, submit to the Department an application for 

a source category permit pursuant to Section 10 of this 

regulation; and 

ii. Shall, within sixty (60) calendar days of receipt of written

request from the Department, submit to the Department an

application for a source category permit pursuant to Section

10 of this regulation. 

2.2 Provided that Regulation No. 25 does not apply, a permit for installation, 

alteration, or operation pursuant to this regulation shall not be required 

for the following equipment or air contaminant control device. Note 

however that other State and Federal requirements may apply. 

a.	 Equipment without an air contaminant control device that has actual 

emissions to the atmosphere of any air contaminant(s), in the 

aggregate, during each and every day that are less than 0.2 pound 

per day, provided that: 

i. The actual emissions are quantified and documented; and 

ii. Records are maintained at the facility and are made available 

to the Department upon request which document that the

equipment qualifies for this exemption. 

b. Equipment with an air contaminant control device that has actual 

Reg. No. 2 – Page 2 

emissions to the inlet of the air contaminant control device of any 

air contaminant(s), in the aggregate, during each and every day that 

are less than 0.2 pound per day, provided that: 

i. The actual emissions are quantified and documented; and 

ii. Records are maintained at the facility and are made available 

to the Department upon request which document that the

equipment qualifies for this exemption. 

c. The equipment listed in Appendix AA@ of this regulation. 

d. For operation, any equipment or air contaminant control device that 

is specifically identified in an operation permit issued pursuant to 

Regulation No. 30. 

e. Equipment that is registered pursuant to Section 9 of

regulation. 

this 

2.3 Any person who operates fuel burning equipment which uses only natural

gas, LP gas, or other desulfurized fuel gas and has a rated heat input of 

less than 100 million BTUs per hour, or any other equipment, that was

exempted from the requirement to have a permit by Regulation No. 2, 

Section 3.1 (as in effect immediately preceding the effective date of this 

regulation), or who operates a piece of equipment, a facility, or an air

contaminant control device in accordance with a valid permit or letter of 

exemption that was issued by the Department prior to May 1, 1997, and who, 

with regard to that specific equipment, facility, or air contaminant 

control device, is now subject to Section 2.1 of this regulation: 

a.	 May, at any time, submit to the Department a registration form or a 

permit application pursuant to Section 2.1; and 

b. Shall, within sixty (60) calendar days of receipt of a written

request from the Department, submit to the Department a registration 

form or a permit application pursuant to Section 2.1; and 

c.	 Shall not initiate construction, installation, or alteration of the 

equipment, facility or air contaminant control device prior to

complying with Section 2.1 of this regulation (i.e., prior to 

receiving approval of his application from the Department or, if 

eligible, prior to submitting to the Department a completed

registration form). 

2.4 Any person may petition the Department to establish a source category

permit. The petition and, if approved, the establishment of the source

category permit shall be pursuant to the procedures in Regulation No. 30

of the State of Delaware ARegulations Governing the Control of Air 

Pollution.@

06/01/97

Section 3 - Application/Registration Prepared by Interested Party 

3.1 Any application/registration form submitted to the Department, or any 

request for the removal of any permit or registration, shall be made by 

the owner or lessee of the equipment, facility, or air contaminant control 

device or by his agent. If the applicant/registrant is a partnership or

group other than a corporation, the application/registration shall be made 

by one individual who is a member of the group. If the 

applicant/registrant is a corporation, the application/registration shall 

Reg. No. 2 – Page 3 

be made by an appropriate representative of the corporation. The 

application/registration form shall be filed with the Air Quality

Management Section of the Division of Air and Waste Management. 

3.2 Each application form shall be signed by the applicant and certified by a 

professional engineer as to the accuracy of the technical information 

concerning the equipment, apparatus or design features contained in the 

application, plus plans and other papers submitted. Any applicant who

fails to submit any relevant facts or who submitted incorrect information 

to the Department shall, upon becoming aware of such failure or incorrect 

submittal, promptly submit such supplementary facts or correct 

information. The signature of the applicant shall constitute an agreement 

that the applicant will assume responsibility for the installation, 

alteration or use of the equipment or apparatus concerned in accordance

with the requirements of this Regulation. 

3.3 Each registration form shall be signed and certified by the registrant as 

to the accuracy of the technical information concerning the equipment, 

apparatus or design features contained in the registration. Any

registrant who fails to submit any relevant facts or who submitted

incorrect information to the Department shall, upon becoming aware of such 

failure or incorrect submittal, promptly submit such supplementary facts

or correct information. The signature of the registrant shall constitute 

an agreement that the registrant will assume responsibility for the 

installation, alteration or use of the equipment or apparatus concerned in 

accordance with the requirements of this Regulation. 

06/01/97

Section 4 - Cancellation of Construction Permits 

4.1 The Department may cancel a construction permit if the installation or

alteration is not begun or if the work involved in installation or 

alteration is not completed within the time limits specified in the

permit. 

06/01/97

Section 5 - Action on Applications 

5.1 If an application is disapproved, the Department shall set forth its

objections in the notice of disapproval. 

5.2 Upon granting written approval for operation, the Department shall give 

notice of such approval to any person who has submitted a written request 

for such notice. 

06/01/97

Section 6 - Denial, Suspension or Revocation of Operating Permits 

6.1 In the event the Department denies a request for approval of a permit to

operate any equipment, facility, or device for which an application was

made, the applicant shall not commence operation until such time that

approval has been obtained from the Department or a permit to operate has 

been issued by the Department. 

6.2 The Department may suspend or revoke an operating permit for violation of 

any permit condition or violation of this or any other applicable rule or 

regulation of the Department or any law administered by the Department and 

may take such other actions as it deems necessary. Permit term(s) and 

condition(s) which were not identified under Section 11.2(i) and which 

were not subject to public participation under Section 12.3, and/or which 

Reg. No. 2 – Page 4 

 

 

do not otherwise conform to the requirements of this regulation, may be 

deemed not federally enforceable by the Administrator of the EPA. 

6.3 Suspension or revocation of an operating permit shall become final 

immediately upon service of notice on the holder of the permit, unless 

otherwise stated in the notice of suspension or revocation. 

06/01/97

Section 7 - Transfer of Permit/Registration Prohibited 

7.1 No person shall transfer a permit from one location to another, or from 

one piece of equipment to another. No person shall transfer a permit from

one person to another person unless thirty (30) days written notice is 

given to the Department, indicating the transfer is agreeable to both

persons, and approval of such transfer is obtained in writing from the 

Department. 

7.2 No person shall transfer a registration from one location to another, or

from one piece of equipment to another. No person shall transfer a 

registration from one person to another person unless prior written notice 

is given to the Department, indicating the transfer is agreeable to both

persons. 

06/01/97

Section 8 - Availability of Permit/Registration 

8.1 Any permit and any registration form shall be available on the premises 

where the construction, alteration, installation, or operation activity 

takes place. 

06/01/97

Section 9 - Registration Submittal 

9.1 Any person identified in Section 2.1(a) shall register the piece of

equipment with the Department on forms furnished by the Department. 

9.2 A person shall register with the Department by submitting to the

Department a completed registration form that is certified by the person

identified in Section 3.1. Registration forms are available from the

Department upon request. The registration shall consist of at least the

following: 

a. A description of the equipment covered by the registration; and 

b.	 A description of the nature and quantification of the amount of the 

emission from the equipment; and 

c.	 A demonstration that the equipment meets the emission rate(s) and/or 

standard(s) specified in Section 11.8(a) and (b) of this regulation 

without an air contaminant control device. 

9.3 Immediately after submitting to the Department the information specified

in Section 9.2 of this regulation the registrant may initiate 

construction, install, alter or initiate operation of the equipment. 

a. The registrant shall maintain records at the facility which document 

that the equipment meets the requirements of Section 2.1(a), and 

shall make such records available to the Department upon request. 

b. If at any time the registered equipment does not meet the

requirements of Section 2.1(a), operation of said equipment shall be 

Reg. No. 2 – Page 5 

immediately discontinued until all necessary permits have been 

secured. 

c. If at any time the Department determines that the registered 

equipment does not meet the requirements of Section 2.1(a), a 

violation of this regulation may have occurred and enforcement

action may ensue. 

9.4 The submittal of a registration form does not relieve the registrant from 

the requirement to comply with all State and Federal requirements. Such 

requirements include, but are not limited to, monitoring, record keeping

and reporting requirements, any requirement to consider actual emissions

and/or the potential to emit of all equipment when determining the

applicability of and/or compliance with certain State and Federal 

requirements, and any requirement to revise a Regulation No. 30 permit if 

required to do so by that regulation. 

9.5 A person may, in lieu of submitting to the Department a registration form, 

elect to: 

a. Apply for a permit pursuant to Section 2.1(b) or 2.1(c) of this 

regulation, as applicable. 

b.	 Submit to the Department all of the information required by Section 

9.2(a) and (b). In such a case the registrant shall not commence 

construction/operation until written approval is obtained from the

Department. 

06/01/97

Section 10 - Source Category Permit Application 

10.1 Any person identified in Section 2.1(b) shall submit to the Department an 

application requesting a source category permit on forms furnished by the 

Department. 

10.2 The application requesting a source category permit shall include all of

the following: 

a. All of the information called for by the source category application 

form. Source category application forms are available from the 

Department upon request. 

b. Certification by the person identified in Section 3.1 that the 

source will comply with all of the terms and conditions of the 

source category permit. 

c. For facilities subject to Regulation No. 30, the person identified

in Section 3.1 of this regulation shall be a responsible official as 

defined in Regulation No. 30, and the application shall contain the 

following language from the responsible official: AI certify, based

on information and belief formed after reasonable inquiry, the

statements and information in the document are true, accurate, and

complete.@

10.3 For facilities not subject to Regulation No. 30, the Department shall

grant approval by issuing to the applicant a source category permit. 

10.4 For facilities subject to Regulation No. 30, the Department shall grant

approval by incorporating the source category permit into the Regulation

No. 30 permit by reference, and such incorporation shall be via the 

Reg. No. 2 – Page 6 

 

 

 

 

 

 

 

 

 

administrative permit amendment process specified in Regulation No. 30.

10.5 A source category permit may be valid for an indefinite period, except as 

provided for in Regulation No. 30 for sources subject to that regulation. 

06/01/97

Section 11 - Permit Application 

11.1 Any person identified in Section 2.1(c) shall submit to the Department an 

application for a permit on forms furnished by the Department. Permit 

application forms are available from the Department upon request. 

11.2 The application shall consist of a description of at least the following: 

a. The equipment or apparatus covered by the application; and 

b. Any equipment connected or attached to, or servicing or served by

the unit of equipment or apparatus covered by the application; and 

 c.	 The plot plan, including the distance and height of building within 

a reasonable distance from the place where the equipment is or will

be installed, if necessarily required by the Department; and 

 d.	 The proposed means for the prevention or control of the emissions or 

contaminant; 

e. The chemical composition and amount of any trade waste to be

produced as a result of the construction, installation, or 

alteration of any equipment or apparatus covered by this 

application; 

f. Any additional information, evidence or documentation required by 

the Department to show what the proposed equipment or apparatus will 

do. 

g. Methods and expected frequency of occurrence of the start-up and 

shutdown of the equipment, including projected effects of emissions 

to the atmosphere and on ambient air quality. 

h. The nature and amount of emission to be emitted by equipment, the 

facility, or an air contaminant control device or emitted by 

associated mobile sources. 

i. If the applicant desires any of the term(s) or condition(s) of the

permit to be federally enforceable, the applicant shall state that

fact in the application. The ensuing permit shall clearly indicate 

the specific term(s) and condition(s) that are federally

enforceable. 

j. If the applicant desires any of the term(s) or condition(s) of a 

construction permit to transfer to a Regulation No. 30 permit via

the administrative permit amendment process specified in Regulation 

No. 30 the following additional requirements apply: 

i.	 The person identified in Section 3.1 of this regulation shall 

be a responsible official as defined in Regulation No. 30, and 

the application shall contain the following language from the 

responsible official: AI certify, based on information and

belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate, and complete.@

Reg. No. 2 – Page 7 

ii. The application shall include the following additional 

information: 

A. The citation and description of all applicable

requirements that will apply to the equipment, facility, 

or air contaminant control device and that will become 

applicable to any covered source as a result of the 

construction, installation, alteration, or operation;

and a description of, or reference to, any applicable 

test method for determining compliance with each 

applicable requirement. The terms Aapplicable

requirement@ and Acovered source@ retain the meanings

accorded to them in Regulation No. 30. 

B. Certification by the responsible official that the 

source will meet all applicable requirements on a timely 

basis, and, if a more detailed schedule is expressly

required by any applicable requirement, that applicable 

requirement in accordance with that more detailed 

schedule. 

C. If desired, information necessary to define alternative 

operating scenarios under Regulation No. 30, Section 

6(a)(10), or to define permit terms and conditions to 

implement emission averaging or operational flexibility 

under Regulation No. 30, Section 6(a)(11) and 6(h). 

D. If desired, a request that the Department, upon taking

final action under Section 11.5(b) or 11.5(c) of this 

regulation, allow coverage under the permit shield as 

described in Regulation No. 30, Section 6(f). 

iii. The applicant shall provide additional information necessary

to address any requirements that become applicable to the 

equipment, facility, or air contaminant control device after

the date it filed an application under this section but prior 

to the date advertisement is made pursuant to Section 12.4(b) 

of this regulation. This requirement is in addition to the

requirement of Section 2.1 of this regulation in situations 

where construction, installation, or alteration is necessary

to comply with the new applicable requirement. 

iv. The ensuing construction permit shall clearly indicate the 

specific term(s) or condition(s) to transfer to the Regulation 

No. 30 permit, and each such term or condition shall specify

the origin and the authority for that term or condition, and

shall identify any difference in form as compared to the 

applicable requirement upon which the term or condition is

based. 

11.3 In situations in which construction, installation, or alteration is 

proposed, and operation of the equipment, facility, or air contaminant 

control device is to follow, such operation shall not commence until

written approval is obtained by the applicant from the Department in

accordance with Section 11.4 and 11.5, as applicable. The Department may

condition approval to operate on a demonstration by the applicant of

satisfactory performance of the equipment, facility, or air contaminant 

control device. In the event the applicant fails to demonstrate

satisfactory performance, the Department may require the applicant to 

cease emissions from the source. 

Reg. No. 2 – Page 8 

 

 

11.4 Persons not requesting review under Section 11.2(j) shall, upon completion 

of the construction, installation or alteration, request that the 

Department grant approval to operate. 

a. An application does not need to be submitted to the Department.

Note however that an application may be required under Regulation 

No. 30 for persons subject to that regulation. 

b.	 Upon satisfactory demonstration that the equipment, facility or air 

contaminant control device complies with all of the terms and 

conditions of the construction permit, the Department shall grant 

approval to operate by issuing an operation permit. 

11.5 Persons requesting review under Section 11.2(j) shall, upon completion of 

the construction, installation or alteration, request that the Department 

transfer the terms and conditions of the construction permit into the

Regulation No. 30 operating permit. 

a. The request shall contain the following information, and shall

contain the following language from the responsible official: AI 

certify, based on information and belief formed after reasonable

inquiry, the statements and information in the document are true, 

accurate, and complete.@

i.	 A description of the compliance status, a compliance schedule, 

and a certification of compliance for the equipment, facility, 

or air contaminant control device with respect to all 

applicable requirements, in accordance with Regulation No. 30, 

Section 5(d)(8) and (9); and 

ii. A statement of the methods used to determine compliance,

including a description of monitoring, record keeping, and 

reporting requirements and test methods. 

b.	 Upon satisfactory demonstration that the equipment, facility or air 

contaminant control device complies with all applicable requirements 

and all of the terms and conditions of the construction permit, and 

not prior to the expiration of the EPA review period provided for in 

Section 12.5, the Department shall transfer the specified terms and 

conditions to the Regulation No. 30 permit via the administrative 

permit amendment process specified in Regulation No. 30. 

c. If the Department determines that the equipment, facility, or air 

contaminant control device does not comply with any applicable

requirement the Department may take enforcement action, and shall do 

one of the following: 

i. Provide an opportunity for the applicant to resolve the 

noncompliance; then, upon resolution, transfer the specified

terms and conditions of the construction permit to the

Regulation No. 30 permit via the administrative permit

amendment process specified in Regulation No. 30; or 

ii. Transfer the specified terms and conditions of the 

construction permit, and an enforceable compliance schedule 

which satisfies the requirements of Regulation No. 30, Section 

5(d)(8)(iii), to the Regulation No. 30 permit by reopening the 

permit for cause pursuant to the procedures in Regulation No. 

30; or 

Reg. No. 2 – Page 9 

 

iii. Deny the request for approval to operate. 

11.6 No permit shall be issued by the Department unless the applicant shows to 

the satisfaction of the Department that the equipment, facility, or air

contaminant control device is designed to operate or is operating without 

causing a violation of the State Implementation Plan, or any rule or 

regulation of the Department, and without interfering with the attainment 

or maintenance of National and State ambient air quality standards, and

without endangering the health, safety, and welfare of the people of the

State of Delaware. The Department may, from time to time, issue or accept 

criteria for the guidance of applicants indicating the technical 

specifications which it deems will comply with the performance standards

referenced herein. 

11.7 Before a permit is issued, the Department may require the applicant to 

conduct such tests as are necessary in the opinion of the Department to 

determine the kind and/or amount of the contaminants emitted from the

equipment or whether the equipment or fuel or the operation of the 

equipment will be in violation of any of the provisions of any rule or 

regulation of the Department. Such tests shall be made at the expense of 

the applicant and shall be conducted in a manner approved by the 

Department. 

11.8 The following emission rates and/or standards for each air contaminant 

emitted from any equipment, facility or air contaminant control device 

shall be specified in each permit issued pursuant to this regulation: 

a. The rate and/or standard established and/or relied upon in the State 

Implementation Plan (SIP) to include the State of Delaware 

ARegulations Governing the Control of Air Pollution@ and regulations

promulgated pursuant to Section 111 and Section 112 of the Clean Air 

Act (CAA); and 

b. The rate that was shown under Section 11.6 as not interfering with

the attainment and maintenance of any National and State ambient air 

quality standard, and not endangering the health, safety, and 

welfare of the people of the State of Delaware; or 

c.	 The rate requested by the applicant. In no case shall this rate be 

greater than the potential to emit of the equipment, facility, or

air contaminant control device; and in no case shall this rate be 

less stringent than the rate specified in Section 11.8(a) and (b) of 

this regulation. 

11.9 Each emission rate and standard shall be enforceable as a practical

matter. Enforceable as a practical matter means that each emission rate

and standard: 

a. Is stated in the permit as a technically specific and accurate

limitation. 

b. Is specifically associated with a particular piece(s) of equipment

or air contaminant control device(s). 

c. Has associated conditions which, in total, establish a method to 

determine compliance. Such associated conditions shall include 

appropriate testing, monitoring, record keeping, and reporting 

requirements. 

Reg. No. 2 – Page 10 

d. Has a recurring, predictable time period under which compliance with 

the limitation will be demonstrated. Such time period shall be that

specified in the underlying State regulation or federal rule or, in 

the absence of such specification and upon approval by the 

Department, shall be hourly, daily, monthly, or some other time 

period which provides for the demonstration of compliance with the

limitation no less frequently than monthly. 

11.10 A construction permit or any renewal thereof shall be valid for a period

not to exceed three years from the date of issuance, unless sooner revoked 

by order of the Department, and may be renewed upon application to and 

approval by the Department. 

11.11 An operating permit may be valid for an indefinite period, unless the 

equipment or operation for which a permit is written has controlled

emissions of 100 tons or more per year of any air contaminant, in which 

case the permit shall be valid for not more than a 5-year period and shall 

be evaluated prior to re-issuance to determine if permitted emission 

limits are appropriate. 

11.12 The provisions of Section 2.1 and 11.3 shall not apply to the operation of 

equipment or processes for the purpose of initially demonstrating 

satisfactory performance to the Department following construction, 

installation, modification or alteration of the equipment or processes. 

The applicant shall notify the Department sufficiently in advance of the

demonstration and shall obtain the Department's prior concurrence of the

operating factors, time period and other pertinent details relating to the 

demonstration. 

11.13 Upon receipt of an application for the issuance of an operating permit the 

Department, in its discretion, may issue a temporary operating permit 

valid for a period not to exceed ninety (90) days. A temporary operating 

permit issued pursuant to this Section shall not be extended more than 

once for an additional 90-day period. 

06/01/97

Section 12 - Public Participation 

12.1 Information obtained through the provisions of this Regulation shall be 

made available for public inspection at any Department office except where 

such information is of confidential nature as defined in 7 Del. C. 

Chapter 60, Section 6014. The Department shall provide for public

participation and comment in accordance with Section 12.2 through 12.6, as 

applicable. 

12.2 Upon receipt of a source category permit application or a permit

application, in proper form, the Department shall provide for public 

participation and comment by: 

a.	 Making available in at least one location in the State of Delaware a 

public file containing a copy of all materials that the applicant

has submitted (other than those granted confidential treatment). 

b. Advertising in a newspaper of general circulation in the county in

which the activity is proposed and in a daily newspaper of general

circulation throughout the State: 1) the fact that the application

has been received, the identity of the affected facility, and the

city or town in which the facility is located, 2) a brief 

description of the nature of the application, to include the 

activity or activities involved in the permit action and the 

emissions or the change in emission involved, and 3) the name, 

Reg. No. 2 – Page 11 

 

address and telephone number of a Department representative with

responsibility for the permitting action, the place at which a copy 

of the public file may be inspected, and a statement of procedures

to request a hearing. 

c. Sending notice of the information detailed in Section 12.2(b) by 

mail to any person who has requested such notification from the

Department by providing to the Department their name and mailing 

address. 

d. Holding, if the Department receives a meritorious request for a 

hearing within fifteen (15) calendar days of the date of the

advertisement described in Section 12.2(b), or if the Department

deems it to be in the best interest of the State to do so, a public 

hearing on an application for interested persons to appear and 

submit written or oral comments on the air quality impact of the 

proposed action. 

i. A public hearing request shall be deemed meritorious if it 

exhibits a familiarity with the application and a reasoned

statement of the permit's probable impact. 

ii. Not less than twenty (20) calendar days before the time of

said hearing, notification that a public hearing will be held 

and the time and place of that hearing shall be: 

A. Served upon the applicant as summonses are served or by 

registered or certified mail; and 

B. Published in a newspaper of general circulation in the

county in which the activity is proposed and in a daily 

newspaper of general circulation throughout the State. 

e. Considering all comments submitted by the applicant and the public

in reaching its final determination. 

12.3 For each permit application requesting to make the terms and conditions of 

a permit federally enforceable, the Department shall provide for public

participation and comment by: 

a.	 Making available in at least one location in the State of Delaware a 

public file containing a copy of all materials that the applicant

has submitted (other than those granted confidential treatment), a

copy of the draft permit, and a copy or summary of other materials, 

if any, considered in making the preliminary determination. 

b. Advertising in a newspaper of general circulation in the county in

which the activity is proposed and in a daily newspaper of general

circulation throughout the State: 1) the fact that the application

has been received, the identity of the affected facility, and the

city or town in which the facility is located, 2) a brief 

description of the nature of the application, to include the 

activity or activities involved in the permit action and the 

emissions or the change in emission involved, and 3) the name,

address and telephone number of a Department representative with

responsibility for the permitting action, the place at which a copy 

of the public file may be inspected, and a statement of procedures

to request a hearing. 

c. On or before the date of the advertisement described in Section 

12.3(b): 

Reg. No. 2 – Page 12 

 

 i.	 Sending notice of the information detailed in Section 12.3(b) 

by mail to the Administrator of the EPA, through the Region

III office, and to any person who has requested such 

notification from the Department by providing to the 

Department their name and mailing address. 

ii. Providing the Administrator of the EPA, through the Region III 

office, a copy of the draft permit. 

d. Holding, if the Department receives a meritorious request for a 

hearing within thirty (30) calendar days of the date of the

advertisement described in Section 12.3(b), or if the Department

deems it to be in the best interest of the State to do so, a public 

hearing on an application or the draft permit for interested persons 

to appear and submit written or oral comments on the air quality 

impact of the proposed action or on the specific terms and

conditions of the draft permit. 

i. A public hearing request shall be deemed meritorious if it 

exhibits a familiarity with the application and a reasoned

statement of the permit's probable impact. 

ii. Not less than thirty (30) calendar days before the time of

said hearing, notification that a public hearing will be held 

and the time and place of that hearing shall be: 

A. Served upon the applicant as summonses are served or by 

registered or certified mail; and 

B. Published in a newspaper of general circulation in the

county in which the activity is proposed and in a daily 

newspaper of general circulation throughout the State. 

e. Affording the applicant an opportunity to submit, within 

fifteen (15) days following the close of the public comment period

or the public hearing, whichever is later, a response to any

comments made. 

f. Considering all comments submitted by the applicant, the public, and 

the Administrator of the EPA in reaching its final determination. 

g. Providing to the Administrator of the EPA, through the Region III

office, a copy of the permit. 

12.4 For each permit application requesting to allow the terms and conditions

of a construction permit to transfer to a Regulation No. 30 permit via the 

administrative permit amendment process specified in Regulation No. 30, 

the Department shall provide for public participation and comment by: 

a.	 Making available in at least one location in the State of Delaware a 

public file containing a copy of all materials that the applicant

has submitted (other than those granted confidential treatment), a

copy of the draft permit, and a copy or summary of other materials, 

if any, considered in making the preliminary determination. 

b. Advertising in a newspaper of general circulation in the county in

which the activity is proposed and in a daily newspaper of general

circulation throughout the State: 1) the fact that the application

has been received, the identity of the affected facility, and the

city or town in which the facility is located, 2) a brief 

Reg. No. 2 – Page 13 

 

description of the nature of the application, to include the 

activity or activities involved in the permit action and the 

emissions or the change in emission involved, and 3) the name,

address and telephone number of a Department representative with

responsibility for the permitting action, the place at which a copy 

of the public file may be inspected, and a statement of procedures

to request a hearing. 

c. On or before the date of the advertisement described in Section 

12.4(b): 

 i.	 Sending notice of the information detailed in Section 12.4(b) 

by mail to any person who has requested such notification from 

the Department by providing to the Department their name and

mailing address, and to the representative of any affected

states designated by those states to receive such notices.

The term Aaffected states@ retains the meaning accorded to it 

in Regulation No. 30. 

ii. Providing the Administrator of the EPA, through the Region III 

office, affected states, any person who requests it, and the

applicant a statement that sets forth the legal and factual 

basis for the draft permit conditions (including references to 

the applicable statutory or regulatory provisions). 

iii. Providing the Administrator of the EPA, through the Region III 

office, a copy of the permit application unless the 

Administrator waives the requirement. 

d. Holding, if the Department receives a meritorious request for a 

hearing within thirty (30) calendar days of the date of the

advertisement described in Section 12.4(b), or if the Department

deems it to be in the best interest of the State to do so, a public 

hearing on an application or the draft permit for interested persons 

to appear and submit written or oral comments on the air quality 

impact of the proposed action or on the specific terms and

conditions of the draft permit. 

i. A public hearing request shall be deemed meritorious if it 

exhibits a familiarity with the application and a reasoned

statement of the permit's probable impact. 

ii. Not less than thirty (30) calendar days before the time of

said hearing, notification that a public hearing will be held 

and the time and place of that hearing shall be: 

A. Served upon the applicant as summonses are served or by 

registered or certified mail; and 

B. Published in a newspaper of general circulation in the

county in which the activity is proposed and in a daily 

newspaper of general circulation throughout the State. 

e. Affording the applicant an opportunity to submit, within 

fifteen (15) days following the close of the public comment period

or the public hearing, whichever is later, a response to any

comments made. 

f. Considering all comments submitted by the applicant, the public, and 

any affected state in reaching its final determination. The 

Department shall maintain a list of all commenters and a summary of 

the issues raised and shall make that information available in the 

public file and supply it to EPA upon request. 

Reg. No. 2 – Page 14 

g. After meeting the requirements of 12.4(a) through 12.4(f), providing 

the Administrator of the EPA, through the Region III office, a copy 

of the proposed permit [i.e., the version of the permit that

represents the Departments final determination under Section 

12.4(f)], all necessary supporting information, and providing a 

notice to the Administrator and to any affected state of any refusal 

by the Department to accept all recommendations for the proposed 

permit that the affected state submitted during the public review 

period. The notice shall include the Department's reasons for not

accepting any such recommendation. The Department is not required

to accept recommendations that are not based on applicable

requirements. The term Aapplicable requirement@ retains the meaning

accorded to it in Regulation No. 30. 

h. On or before the date that the Department provides the proposed

permit to EPA for review under Section 12.4(g), issuing a written

response to all comments submitted by affected states and all 

significant comments submitted by the applicant and the public. 

12.5 The Department shall not issue the permit if the Administrator objects to 

its issuance in writing within forty-five (45) days of receipt of all of

the information provided to the Administrator pursuant to Section 12.4(g). 

Any EPA objection under this paragraph shall include a statement of the

Administrator's reasons for objection and a description of the terms and

conditions that must be revised to respond to the objection. The 

Administrator will provide the applicant a copy of the objection. The 

Department may thereafter issue only a revised permit that satisfies EPA's 

objection. 

12.6 If the Administrator does not object in writing under Section 12.5, any 

person may petition the Administrator within sixty (60) days after the 

expiration of the Administrator's 45-day review period to make such 

objection. Any such petition shall be based only on objections to the 

permit raised with reasonable specificity during the public comment period 

provided for in Section 12.4, unless the petitioner demonstrates that it

was impracticable to raise such objections within such period, or unless

the grounds for such objection arose after such period. If the 

Administrator objects to the permit as a result of a petition filed under 

this paragraph, the Department shall not amend the Regulation No. 30

permit until EPA's objection has been resolved, except that a petition for 

review does not stay the effectiveness of the construction permit and/or

the amended Regulation No. 30 permit or its requirements if the

construction permit or the amended Regulation No. 30 permit was issued

after the end of the 45-day review period and prior to an EPA objection.

If the Department has issued an amended the Regulation No. 30 permit prior 

to receipt of an EPA objection under this paragraph, the Administrator

will modify, terminate, or revoke such permit, and shall do so consistent 

with the time limits established in 40 CFR 70.7(g)(4) or (5)(i) and (ii), 

except in emergencies, and the Department may thereafter issue only a

revised permit that satisfies EPA=s objection. In any case, the source 

will not be in violation of the requirement to have submitted a timely and 

complete application under Regulation No. 30. 

06/01/97

Section 13 - Department Records 

13.1 The Department will keep for five (5) years such records and submit to the 

Administrator of the EPA such information as the Administrator may 

reasonably require to ascertain whether the optional procedures to

establish and transfer the terms and conditions of a construction permit

issued pursuant to this regulation into a Regulation No. 30 operating

permit via the administrative permit amendment process specified in 

Reg. No. 2 – Page 15 

Regulation No. 30 comply with the requirements of the Federal Clean Air

Act and 40 CFR Part 70. 

Reg. No. 2 – Page 16 

 

 

 

 

 

 

 

 

Appendix AA@
 

(For the applicability of Appendix AA@ see 

Section 2.2 of the regulation) 

a. Air contaminant detector, air contaminant recorder, combustion 

controller or combustion shut-off. 

b.	 Except as provided for in Regulation No. 22, ARestriction on Quality

of Fuel in Fuel Burning Equipment,@ external combustion fuel burning 

equipment which: 

i. Uses any fuel and has a rated heat input of less than 10 

million British-Thermal Units (BTUs) per hour. 

ii. Uses only natural gas, LP gas, or other desulfurized fuel gas 

and has a rated heat input of less than 15 million BritishThermal Units (BTUs) per hour. 

c. Air conditioning or comfort ventilating systems. 

d.	 Vacuum cleaning systems used exclusively for office applications or 

residential housekeeping. 

e. Ventilating or exhaust systems for print storage room cabinets. 

f. Exhaust systems for controlling steam and heat. 

g. Any equipment at a facility used exclusively for chemical or 

physical analysis or determination of product quality and commercial 

acceptance, provided the operation of the equipment is not an 

integral part of the production process and the total actual 

emissions from all such equipment at the facility do not exceed

450 pounds in any calendar month. 

h. Internal combustion engines in vehicles used for transport of

passengers or freight. 

i.	 Maintenance, repair, or replacement in kind of equipment for which a 

permit to operate has been issued. 

j.	 Equipment which emits only nitrogen, oxygen, carbon dioxide, and/or 

water vapor. 

k. Ventilating or exhaust systems used in eating establishments where

food is prepared for the purpose of consumption. 

l. Equipment used to liquefy or separate oxygen, nitrogen or the rare

gases from the air. 

m. Fireworks display. 

n.	 Smudge pots for orchards or small outdoor heating devices to prevent 

freezing of plants. 

o. Outdoor painting and sand blasting equipment. 

p. Lawnmowers, tractors, farm equipment and construction equipment. 

q. Gasoline dispensing facilities that never exceed a monthly

throughput of 10,000 gallons. 

s. Stationary gasoline storage tanks that: 

Reg. No. 2 – Page 17 

1. Have a capacity less than 550 gallons and that are used

exclusively for the fueling of implements of husbandry; or 

2. Have a capacity less than 2000 gallons and that were 

constructed prior to January 1, 1979; or 

3. Have a capacity less than 250 gallons and that were 

constructed after December 31, 1978. 

t. Fire schools or fire fighting training. 

u. Residential wood burning stoves and wood burning fireplaces. 

v. Any stationary storage tank not subject to control by these 

regulations which contains any liquid having a true vapor pressure

less than 0.5 psia at 70o

F or is less than 5000 gallons capacity. 

w. Buildings, cabinets, and facilities used for storage of chemicals in 

closed containers. 

x. Sewage treatment facilities. 

y. Water treatment units. 

z. Quiescent wastewater treatment operations. 

aa. Non-contact water cooling towers (water that has not been in direct 

contact with process fluids). 

bb. Laundry dryers, extractors, or tumblers used for fabrics cleaned

with a water solution of bleach or detergents. 

cc. Equipment used for hydraulic or hydrostatic testing. 

dd. Blueprint copiers and photographic processes. 

ee. Kilns used for firing ceramic ware that are heated exclusively by

natural gas, electricity, and/or liquid petroleum gas, and the BTU

input is less than 15 million BTUs per hour. 

ff. Inorganic acid storage tanks equipped with an emission control

device. 

gg. Any internal combustion engine associated with a stationary

electrical generator that: 1)has a standby power rating of 450 

kilowatts or less that is used only during times of emergency; 2)is 

located at any residence; or 3)is located at any commercial poultry 

producing premise, as these terms are defined in Regulation No. 

1144. 

hh. Any internal combustion fuel burning equipment, which is not

associated with a stationary electrical generator, and has an engine 

power rating of 450 hp or less. 

Reg. No. 2 – Page 18 

REGULATI ON NO. 2 

PERMI TS 

06/01/97 

Section 1 - Gener al Pr ovisions 

1 . 1 This r egulat i o n est ablishes t he p r ocedur es that satisfy t he r equir ement o f 

7 Del . C. Chapt e r 60 t o r eport and obt a i n approval o f equipment which has 

the pot ential t o discharge air contami nants i nto t he a t mosphe r e , and, for 

const r uction or mod ifi cation act ivit ies not subject to Regul ation No . 25 , 

the p r ocedur es that sat i s f y the requi reme nt o f 40 CFR Par t 51 Subpar t I 

(July 7 , 1 994 edition) and Section 110 (a) (2) (C) o f the feder al clean air 

act (CAA) as amended No vember 1 5 , 1 990 . 

1 . 2 This r egulat ion establishes p r oced u r es tha t enable a per s on t o , as an 

o ption, secur e feder ally e n f orceabl e ter ms and conditions in a per mit 

issued pur suant to this r egulation . 

1 . 3 This r egulat ion est ablis hes p r o cedur es t hat e nabl e a pe r son s ubject to 

b oth this r egulation and to Regulation No . 30 to, as an option, t r ansfer 

the t erms and condit ions o f a constr uct i on permi t i ssued p ursuant t o thi s 

r egulation into a Regul a t i o n No . 30 o per ating per mit via the 

administr ative per mit amendment p r ocess specified in Regulation No . 30 . 

1 . 4 Within sixty (60) calendar days o f r eceipt o f a wr itten r equest by the 

Depar tment, a n owner o r ope r a t o r o f an exi s t i ng facility, e quipment , o r 

air cont aminant cont r ol device which emit s o r causes t o be emit ted any air 

contaminant shall submit to the Depar tment any r elevant info r mation that 

the Depar tment may r equest . Relevant infor mation includes info r mation 

that, i n t he Departments opinion, is r elevant t o any per mit 

application/r egistr ation o r tha t i s necessar y t o deter mine the 

applicabilit y o f o r compliance with a ny Stat e o r Feder a l r equir ement , a ny 

per mit t erm o r condition, o r any cond i t i o n of r egistr ation . Such 

information a l so includes a permit application o r a r egi st r ation form, or 

a cor r ected o r suppl emented appl ication/regist r a t ion . This p r ovi sion does 

not limi t the applicabilit y of, nor does i t sanct i o n noncompliance with 

the r equir ements of Section 2 . 1 o f this r egulation . 

1 . 5 Any approval granted by t he Depar tment pur suant t o thi s Regulat ion, and 

any exemp t i o n f r om the r e quir ement s o f thi s Regulat ion p r ovided f or in 

Section 2 . 2 shall not r elieve an owner o r o per ator o f the r esponsibility 

o f complying with applicable local, State, and Feder al laws and 

r egulations . 

06/01/97 

Section 2 - Applicability 

2 . 1 Except as exempted in Section 2 . 2 , no person s hall i nitia t e constr uct ion , 

install, alter o r initiate o per ation o f any equipment o r facility o r air 

contaminant contr ol device which will emit o r p r event the emission o f an 

air contami nant pri or t o r eceiving appr oval o f hi s applicat i o n f r om the 

Depar tment o r, if eligible, p r i o r to submitting to the Depar tment a 

completed r egistr ation f o r m. 

a . Fo r e quipment that meet s a ll applicable 

standar d (s) specified in Sect i o n 11 . 8 (a) 

Reg . No . 2 - Page 1 

emission 

and (b) 

rat e(s) 

without 

and/o r 

an air 
contaminant control devi ce, and that meets the f oll owi ng condi tions, 

the pe r son shall submit to t he Depar tment a regi s t ration for m 

pur suant to Section 9 of this r egulation . 

i . Fo r equipment without an air contaminant contr ol device, the 

equipment has act ual emissions t o t he atmospher e o f any air 

contaminant (s) , in the aggr egat e , d ur ing any day t hat a r e 

equal t o or great er t han 0 . 2 pound pe r day and, dur ing each 

and every day, t hat are l ess t han t en (10) pounds per day; and 

ii. Fo r equipment with an a i r cont aminant contr ol devi ce, the 

equipment has actual emissions to the inlet of the air 

contaminant contr ol device of any air contaminant(s) , in the 

aggr egate, d ur ing a ny day t hat a r e equal t o o r g r eat e r than 

0 . 2 pound pe r day and, dur ing each a nd every day, t hat a r e 

less than ten (10) pounds per day; and 

iii . Regulation No . 25 does not apply . 

b . Fo r equipment, a facility o r a n air cont aminant cont rol device that 

is not subj ect to Section 2 . 1(a) a nd t hat i s subj ect to a sour ce 

categor y pe r mit, t he per son shall submit to t he Departme nt an 

application for a sour ce categor y permit pur suant to Section 10 of 

this r egulation . A list of established sour ce categor y permits is 

available f r om the Depar tment . 

c . Fo r equipment, a facility o r a n air cont aminant cont rol device that 

is not subject t o Section 2 . 1 (a) o r 2 . 1(b) , t he per son shall s ubmit 

to t he Depar tment an appli cat ion for a permi t p urs uant t o Sect ion 11 

of this r egulation . 

d . Any person who oper a t es equipme nt , a f acil i t y o r an a ir contaminant 

control device in accordance wi th a valid pe rmi t i ssued p ursuant t o 

Sect ion 2 . 1 (c) of t his regulation, a nd who lat e r becomes subj ect t o 

a sour ce categor y permit : 

i . May , a t any time , submit t o the Department an application for 

a sour ce cat egory permit pursuant t o Section 1 0 o f this 

r egulation; and 

ii . Shall, within sixty (60) calendar days of r eceipt of wr itten 

r equest f r om the Depar tment, submit to the Depar tment an 

application for a sour ce categor y permit pur suant to Section 

10 of this r egulation . 

2 . 2 Pr ovided t hat Regula tion No . 25 does not apply, a per mit for i nst all a tion, 

alt e r a tion, o r operation p urs ua nt t o t his regulat ion shal l not be r equired 

for t he following equipme nt o r air cont aminant control devi ce . Note 

however that other State and Feder al r equir ements may apply . 

a . Equipment wit hout an a i r cont aminant cont rol device t hat has actual 

emissions t o t he atmospher e of any air cont aminant (s) , in the 

aggr egate, d ur ing each a nd every day t hat a r e less t han 0 . 2 pound 

per day, p r ovided that : 

i . The actual emissions a r e quantified and documented; and 

ii. Records a r e ma i ntained at t he f acility and a r e made availabl e 

to the Depar tment upon r equest which document that the 

Reg . No . 2 - Page 2 
equipment qualifies f o r this exemption . 

b . Equipment wit h a n air cont aminant cont rol device t hat has actual 

emissi ons t o t he inlet of the a ir contami nant cont r ol devi ce o f a ny 

air cont aminant (s) , i n t he aggr egat e , d uri ng each and ever y day t hat 

a r e less than 0 . 2 p ound per day, p r o vided that : 

i . The actual emissions a r e quantified and documented; and 

ii. Records a r e ma i ntained at t he f acility and a r e made availabl e 

to the Depar tment upon r equest which document that the 

equipment qualifies f o r this exemp tion . 

c . The equipment listed in Appendix "A" of t his r egulat ion . 

d . Fo r operation, any equipment or air cont aminant cont rol device that 

is specifi cally ident ified i n an operation permi t i ssued p urs uant t o 

Regulation No . 30 . 

e . Equipment t hat i s r egister ed pur suant t o Section 9 o f this 

r egulation . 

2 . 3 Any person who operat es fuel bur ning equipme nt which uses only natur al 

gas, LP gas, or othe r desulfurized fuel gas a nd has a rated heat input o f 

less than 100 million BTUs per hour, o r any othe r equipment, that was 

exempted f r om the requireme nt to have a permit by Regulation No . 2 , 

Sect ion 3 . 1 (as in e f fect i mmedi a t ely p r eceding t he e f fective dat e of t his 

r egulation) , o r who o per ates a piece o f equipment, a facility, o r an air 

contaminant cont r ol devi ce i n acco r da nce wit h a vali d per mit o r let t e r o f 

exempt ion t hat was i ssued by t he De partment prior t o May 1 , 1997 , a nd who, 

with regard t o t hat specific equipment, facility, or air contaminant 

contr ol device, is now subj ect to Sectio n 2 . 1 o f this r egulation : 

a . May , a t any time, submit to t he Department a r egi str a t ion form o r a 

per mit application pur suant to Section 2 . 1 ; and 

b. Shall, wit hin sixt y (60) cal e ndar days of r eceipt o f a wr itten 

r equest from t he Department, submi t t o t he Depar t ment a regi s t r a t ion 

f o r m o r a per mit application pur suant to Section 2 . 1 ; and 

c . Sha ll not init i ate cons t r uct ion, inst allat ion, o r alt e r a tion o f t he 

equipment, facility o r air contaminant contr ol device p r i o r to 

complying wit h Sect i o n 2 . 1 o f t his r egulation (i . e ., pri or to 

r eceiving appr oval of his applicat ion f rom the Department or, if 

eligible, p r ior to submitting t o t he Depar tment a c ompleted 

r egistr ation f o r m) . 

2 . 4 Any pe r son ma y pet i t ion t he Depar tment t o establish a source catego r y 

per mit . The pet i t i o n a nd , if appr oved , t he est ablishment of t he s our ce 

catego r y per mit shall be pur suant to the p r ocedur es in Regulation No . 30 

o f t he St a t e o f Delawar e "Regulations Governing the Control of Air 

Pollution. " 

06/01/97 

Section 3 - Application/Registr ation Pr epar ed by Inter ested Par ty 

3 . 1 Any applicat ion/r egistra t ion f o r m submitted to t he Depar tment, or any 

r equest f o r the removal o f a ny permit o r r egistr ation, shall be made by 

the owner or lessee of the equipme nt , facil i t y , o r air cont amina nt cont r o l 

Reg. No . 2 - Pa ge 3 
device o r by his agent . If the applicant/r egistr ant is a par tner ship o r 

group ot her than a co rporation, t he appl ication/r egist r a t ion shal l be made 

by one individual who is a member o f the g r oup . If the 

applicant/regi s t r ant i s a corporation, the application/registr a t i on shall 

be made by an appropriat e r epr esentative o f t he cor p or ation . The 

application/r egistr ation form shall be filed wit h the Ai r Quality 

Management Section o f the Division o f Air and Waste Management . 

3 . 2 Each applicat i on form shall be signed by the applicant and certified by a 

p r o fessional engineer as t o the accur acy o f the technical info rmation 

concer ning the equipment , appar atus or de sign featur es cont a i ned in the 

application, p l us plans and ot her paper s submi tted . Any applicant who 

fails t o submi t any rel evant f acts o r who submi t ted incor rect info rmation 

to t he Depart ment shall, upon becoming awar e o f such fai lure o r incorrect 

submittal, p r omptly submi t such supplement ary fact s o r co rrect 

inf or mat ion . The si gnat u re of t he applicant shal l constitut e an agreement 

that t he applicant will assume responsi bilit y f o r the installation, 

alter ation o r use of t he equipment o r apparatus concerned in accordance 

with the r equir ements o f this Regulation . 

3 . 3 Each regist rati on form shall be signed and certi fied by the r egi strant as 

to t he accuracy o f t he t echni cal info rmation conce r ning the equipment, 

appar atus o r desi gn featur es cont ained i n the regist rat ion . Any 

r egistr ant who f a ils t o submit any r elevant f act s or who submitted 

incor rect i nformat i on to t he Department shall, upon becoming aware of such 

failur e o r inco rrect submittal, p r omptly submit such supplementar y facts 

o r correct inf or mat ion . The s i gnature of t he r egi strant s hall const itut e 

an agreement tha t the regist rant will assume responsibilit y f or the 

inst all ation, alt eration or use o f the equi pment o r apparat us concerned in 

acco r dance with the r equir ements of this Regulation . 

06/01/97 

Section 4 - Cancellation o f Constr uction Permits 

4 . 1 The Department may cancel a constr uction permi t if the i nstalla t i on o r 

alter ation is not begun or if t he wo r k i nvol ved in i nstalla t i on o r 

alter ation is not c ompleted within the time limits specified in the 

permit . 

06/01/97 

Section 5 - Action on Applications 

5 . 1 If an applicat ion i s disappr oved, the Depart ment shall set f o r th its 

ob j ections in the notice o f disappr oval . 

5 . 2 Up on grant i ng written appr oval f or ope rat ion, the Department shall give 

not ice o f such approval to any per son who has submitt ed a wr i t t en request 

f o r such notice . 

06/01/97 

Section 6 - Denial , Suspension o r Revo cation o f Oper ating Permits 

6 . 1 In the event the Depar tment denies a r equest f o r appr oval o f a permit to 

oper ate any equi pment, facilit y, o r device f o r whi ch an applicat ion was 

made , t he applicant shall not commence ope rat ion until such t i me that 

approval has been obt a i ned from the Depar tment or a permit t o oper a t e has 

been issued by the Depar tment . 

Reg . No . 2 - Page 4 
6 . 2 The Depar t ment may s uspend o r revoke an operating per mit for violation o f 

any permit condition or violat i on o f thi s o r any ot he r appl icabl e rule or 

r egulation of t he Department or any law admini st e r ed by t he Department and 

may take such othe r actions as it deems necessary . Permit ter m(s) and 

condition(s) which were not ident ified under Section 11 . 2(i) a nd which 

were not subject to p ub l ic part i cipation unde r Section 12 . 3, and/o r which 

do not otherwi se con f orm t o the requirement s of t his regulat ion, may be 

deemed not feder ally enfo r ceable by the Administr ator o f the EPA . 

6 . 3 Suspension o r r evocati on o f an oper ating permit shall become final 

immediately upon service of not ice on the hol der o f t he pe rmit , unless 

othe r wise stated in the notice o f suspension o r r evocati on . 

06/01/97 

Section 7 - Tr ansfer o f Permit/Registr ation Pr ohibited 

7 . 1 No person shall t rans f er a permi t f r om one location to another, o r f r om 

one piece o f equipment to anot her. No person shall transfer a per mi t from 

one person t o anot her person unless thir ty (30) days written not ice is 

given t o the Depar t ment , i nd i cat i ng the t ransfe r is agreeable t o b oth 

per sons, a nd approval of such t r ansfer is obt a i ned i n writ i ng from the 

Depar tment . 

7 . 2 No per son shall t r ansfer a r egistr ation f r om one location to another , o r 

f r om one piece o f equipment to a nother . No per son shall t r ansfer a 

r egi st r ation from one per son t o another person unless pri o r wri t t en not ice 

is given to the Depar tment, indicating the t r ansfer is agr eeable to b oth 

per sons . 

06/01/97 

Section 8 - Availability o f Permit/Registr ation 

8 . 1 Any permi t a nd a ny regi s t rat i on f orm shall be available on t he p r emises 

wher e t he const ruc t ion, a l t erat i on, installation, o r operat i on activity 

takes place . 

06/01/97 

Section 9 - Registr ation Submittal 

9 . 1 Any per son identified in Section 2 . 1 (a) shall r egister the piece o f 

equipment with the Depar tment on f o r ms fur nished by the Depar tment . 

9 . 2 A pe r son s ha l l regist er wi th the Depar t ment 

Depar tment a completed r egistr ation f o r m that is 

identified in Sect i on 3 . 1 . Registr ation forms 

Depar tment upon r equest . The r egistr ation shall 

f ollowing : 

by submitting t o the 

cer tified by the per son 

a r e available f rom the 

consist o f at least the 

a . A descr iption o f the equipment cover ed by the r egistr ation; and 

b . A description o f the na t u re and quantificat ion o f the amount of t he 

emission f r om the equipment; and 

c . A demonst rat ion t ha t the equi pment meet s t he emi ssi on r a t e(s) and/or 

standard(s) specified i n Sect ion 11 . 8(a) and (b) of t his regul ation 

without an air contaminant contr ol device . 

9 . 3 Immediately after submitting to the Depar tment the info r mation specified 

in Sect ion 9 . 2 o f t his regul a t i on the regist rant ma y initiate 

Reg . No . 2 - Page 5 
constr uction, install, alter o r initiate oper ation o f the equipment . 

a . The registr ant shall ma i nt ain records at t he f acili ty whi ch document 

that t he equipment meets t he requi rements o f Sect ion 2 . 1 (a) , and 

shall make such r eco r ds available to the Depar tment upon r equest . 

b . If a t any 

r equirement s 

immediately 

secur ed . 

t i me the r egister ed equipment does not meet the 

o f Section 2 . 1 (a) , ope r ation of sai d equi pment s hall be 

discontinued unt il all necessary permi t s have been 

c . If at any time the Department det ermi nes that the r egister ed 

equipment does not meet the requirement s o f Sect ion 2 . 1 (a) , a 

violation o f this r egulation may have occurred and enfo r cement 

action may ensue . 

9 .4 The s ubmitta l of a regi strat ion f o r m does not relieve t he regist r ant from 

the r equir ement to comply with all State and Feder al r equir ements . Such 

r equir ements include, but a r e not limited to, monitor ing, r eco r d keeping 

and r epor ting r equir ements, any r equir ement to consider actual emissions 

and/or the pot ent i a l t o emit of all equi pment when det ermining the 

applicability of and/o r compliance with ce r t ain State a nd Feder al 

r equirement s , a nd any requirement to revise a Regul ation No . 30 permi t if 

r equir ed to do so by that r egulation . 

9 . 5 A per son may, in lieu o f s ubmitt ing t o t he Depart ment a regi st rat ion for m, 

elect to : 

a . Apply f or a permit pursuant t o Sect ion 2 . 1 (b) or 2 . 1 (c) of this 

r egulation, as applicab le . 

b . Submit t o t he Department all o f t he i nformation requi red by Section 

9 . 2(a) and (b) . In s uch a case the r egistr ant shall not commence 

constr uction/oper ation until wr itten appr oval is obtained f r om the 

Depar tment . 

06/01/97 

Section 10 - Sour ce Categor y Permit Application 

10 . 1 Any person ident ified i n Section 2 . 1(b) shall s ubmit t o the Depar tment a n 

application request ing a s ource category permit on f o rms furnished b y t he 

Depar tment . 

10 . 2 The application r equesting a sour ce categor y permit shall include all o f 

the f ollowing : 

a . All of the infor mation cal led for by the source cat egor y appli cat ion 

f o r m. Sour ce cat egory application f o r ms a r e available f r om the 

Depar tment upon r equest . 

b . Cer tification b y t he person ident ified in Section 3 . 1 t hat the 

sour ce will comply wi th all o f the t erms and condi t i ons of the 

sour ce categor y permit . 

c . Fo r facilities subj ect to Regulation No . 30 , the per son identified 

in Sect ion 3 . 1 o f thi s r egulation shall be a responsible o f ficial as 

defined in Regul ation No . 30, a nd the appl icat ion shal l contai n t he 

f ollowing language f rom the responsibl e o ffici al : "I cert i fy, based 

on info r mation and belief f o r med after r easonable inquir y, the 

Reg . No . 2 - Page 6 
statements and info rmation in the document a r e t r ue , accur ate, and 

complete . " 

10 . 3 Fo r facilit ies not subj ect t o Regulation No . 30 , t he Departme nt shall 

g r ant appr oval by issuing to the applicant a s our ce catego r y permit . 

10 . 4 Fo r f acilities s ubject t o Regulat ion No . 30 , the Departme nt shall g r ant 

appr oval by inco r p or ating the s our ce catego r y permit into the Regulation 

No . 30 permit by r efer ence, and such i ncorporat i on shall be v i a the 

administr ative permit amendment p r ocess specified in Regulation No . 30 . 

10 . 5 A source cat egory pe rmi t may be valid f or an i ndefini t e pe r i od , except as 

p r ovided for i n Regulat i on No . 30 for sources s ubj ect t o t hat r egulat ion . 

06/01/97 

Section 11 - Permit Application 

11 . 1 Any person identified i n Section 2 . 1(c) shall s ubmit t o the Depar tment a n 

application f or a pe r mit on f o r ms fur nished by the Depar t ment. Permit 

application f o r ms a r e available f r om the Depar tment upon r equest . 

11 . 2 The applicat ion shall consist o f a description of a t least t he f ollowing : 

a . The equipment o r appar atus cover ed by the application; and 

b . Any equi pme nt connect ed o r a ttached to, o r servi c i ng or ser ved by 

the unit o f equipment o r appar atus cover ed by the application; and 

c . The p l ot plan, i ncludi ng the d i stance and height of b uildi ng wi thi n 

a r easonable d i stance f r om the place where t he e quipment i s or will 

be installed, if necessar ily r equir ed by the Depar tment; and 

d . The proposed means for t he prevention or cont rol o f t he emi ssi ons or 

contaminant; 

e . The chemical composi t i on a nd amount o f any t rade wast e t o be 

p r oduced as a r esult o f the constr uction, installation, o r 

alter ation o f any equipment o r appar atus cover ed by this 

application; 

f . Any addit ional infor mat ion, evi dence o r docume nta t i on r equir ed by 

the Department to show what t he p r oposed equipment o r appar a t us will 

do . 

g . Methods and expect ed f r equency of occurrence o f t he s t art - up and 

shut down of t he equipme nt , incl uding p r oject ed eff ect s o f emissions 

to the atmospher e and on ambient air quality . 

h . The na ture a nd amount o f emi ssi on t o be emitted by e quipment , the 

facility, o r an air contaminant contr ol device o r emitted by 

associated mobile s our ces . 

i . If the applicant desir es any o f the ter m(s) o r condition (s) o f the 

per mit to be f eder all y enfor ceable, t he appli cant shall stat e that 

fact i n the appl icat ion . The e nsuing permit shall clear ly indi cat e 

the specific t erm (s) a nd condit ion (s) t hat a r e feder ally 

enfo r ceable . 

j. If t he applicant desir es any o f the t erm(s) or condit ion(s) of a 

constr uction permi t t o t r ansfe r t o a Regulation No . 30 pe r mit via 

Reg . No . 2 - Page 7 
the administ rat ive permi t amendment process specif ied in Regul ation 

No . 30 the f ollowing additional r equir ements apply : 

i . The person identified in Section 3 . 1 of this regulat i on shall 

be a r esponsi ble offi c i al as defined in Regulat ion No . 30, and 

the applicat ion shall cont ain the f ollowing language from t he 

r esponsible official: "I ce r t ify, based on info r mation and 

belief f ormed after reasonabl e inquir y , the st a t ement s and 

inf or mat ion in t he document are t r ue, accur ate, and complete . " 

ii . The application shall include the f ollowing additional 

info r mation : 

A. The citation and descr iption o f all applicable 

r equirement s t hat will appl y to t he equipment , f acil i t y, 

o r air contaminant contr ol device and that will become 

applicable to any covered sour ce as a r esult o f the 

constr uction, installation, alter ation, o r oper ation; 

and a descr iption of, or reference to, a ny applicable 

test method f o r deter mining compliance with each 

applicable r equir ement . The t erms "applicable 

r equir ement" and "covered sour ce" ret a i n t he meanings 

accor ded to them in Regulation No . 30 . 

B. Cer tification by the r esponsible o fficial that the 

sour ce will meet a l l appl icable requir ement s on a t i mely 

basis, and, if a more detailed schedul e is expr essly 

r equi red by any appli cabl e requirement , t hat appli cabl e 

r equir ement in acco r dance with that mor e detailed 

schedule . 

C. If des ired, i nformation necessary to define a l ternative 

oper ating scenar i os under Regulation No . 30 , Section 

6 (a) (10 ), o r to define permi t t erms and condi t i ons to 

implement emi ssion aver agi ng or operational f l exibi lit y 

under Regulation No . 30 , Section 6 (a) (11 ) and 6 (h) . 

D. If desir ed, a r equest that the Depar tment, upon taking 

final a c tion under Sect ion 11 . 5(b) o r 11 . 5( c) o f this 

r egulation, allow cove rage under the pe rmit s hi e l d as 

descr ibed in Regulation No . 30 , Section 6(f) . 

iii . The applicant shall p r ovide additional info r mation necessar y 

to address any requirement s tha t become applicable t o the 

equipment, facility, o r air contaminant contr ol device after 

the da t e i t f iled an application under t his sect i on but p r ior 

to t he dat e adver tisement is made p ur suant t o Section 12 . 4(b) 

o f thi s regul a t i on . This r equir ement is i n addit ion t o the 

r equir ement of Section 2 . 1 o f t his r egulation i n situations 

wher e constr uction, installation, o r alter ation is necessar y 

to comply with the new applicable r equir ement . 

iv. The ensui ng constr uction permi t shall c l earl y indicat e the 

specif ic t e r m(s) or condi tion (s) to t r ansf er t o t he Regulati on 

No . 30 permit, and each such ter m o r condition shall specify 

the o r igin and the author ity f o r that ter m o r condition, and 

shall i dentify any d ifference in f o r m as compared t o the 

applicable r equir ement upon which the ter m o r condition is 

based . 

Reg . No . 2 - Page 8 
11 . 3 In sit uat ions in which const r uction , inst a lla t ion, o r a l t erat i on is 

p r op osed, and operat ion o f t he equi pme nt, facility, o r a i r contaminant 

contr o l device is t o f ollow, such ope rat ion shall not commence until 

wr itten approval is obt a i ned by the applicant from the Depar tment in 

accor dance with Sect ion 11 .4 a nd 11 . 5 , as appl icabl e . The Department may 

condition approval t o operat e on a demonst rat ion by the applicant o f 

satisfacto r y pe rfo r mance o f t he equi pment , facilit y, o r a i r contaminant 

contr o l device . I n the event t he applicant fails t o demonstr ate 

satisfacto r y pe rfo rmance , the Depar t ment may require the applicant t o 

cease emissions f r om the s ou r ce . 

11 . 4 Pe r s ons not r equesting revi ew under Section 11 . 2 (j ) s hal l, upon complet ion 

o f t he constr uction , inst allat ion or alt erat ion, request tha t the 

Depar tment g r ant appr oval t o oper ate . 

a . An applicat ion does not need t o b e submitted t o the Depar tment . 

No te however t hat an applicat i on may be requi red under Regulation 

No . 30 f o r per s ons subj ect t o that r egulation . 

b . Upon satisfact o r y demonstrati on t hat t he equipment , facili ty or a i r 

contaminant cont r ol devi ce complies with all o f t he t erms and 

conditions of the const r uct ion permi t , t he Depar tment s ha ll g r ant 

appr oval t o oper ate by issuing an oper ation permit . 

11 . 5 Persons r equest i ng rev i ew under Sect ion 11 . 2 (j ) shal l , upon completion o f 

the constr uction , inst a l lation or alt eration, request t hat t he Depart ment 

t r ansfer t he t erms and cond i t i ons o f t he constr uction pe rmit i nto the 

Regulation No . 30 oper ating permit . 

a . The r equest shall contain the f o llowing info r mation , and shall 

contain t he f ollowi ng l a nguage f rom the responsible o fficial : "I 

cer tify, based on info rmation and belief f o r med after r easonable 

inquir y , the st a t ement s and i n f orma t i on in the document are t r ue , 

accur ate, and complete . " 

i . A descr i ption o f t he compliance stat us, a compl iance schedul e , 

and a cer tification o f compl iance for t he equipment, f acil i t y, 

o r air contaminant cont r ol devi ce wit h respect t o all 

applicable r equirement s , in accordance with Regul a t ion No . 30, 

Section 5 (d) (8) and (9) ; and 

ii . A statement o f the methods used t o deter mine compliance, 

including a description o f monito r ing, record keeping, and 

r epor ting r equir ements and test methods . 

b . Upon satisfact o r y demonstrati on t hat t he equipment , facili ty or a i r 

cont aminant cont r ol devi ce compl ies wit h a l l applicabl e requirement s 

and a ll o f t he t e r ms a nd condi t i ons o f t he const ruction per mit , and 

not prior t o t he expira t ion of t he EPA revi ew period p r ovided for in 

Sect ion 1 2 . 5 , the Depart ment s hall t ransf e r t he specif ied terms and 

conditions t o t he Regulation No . 30 permit v i a t he administr ative 

permit amendment p r o cess specified in Regulation No . 30 . 

c . If the Depar t ment deter mines tha t t he equipment, f acility, o r air 

contaminant contr o l device does no t comply with any applicable 

r equirement the Department may t ake enfor cement act ion , and s hall do 

one o f the f o llowing : 

Reg . No . 2 - Page 9 
i. Pr ovide a n oppor tunity for the applicant to resol ve the 

noncompliance; then, upon r esoluti on, t r ansfer the specified 

ter ms and conditions o f the constr uction permit to the 

Regulation No . 30 permit v i a t he administ rat ive permit 

amendment p r ocess specified in Regulation No . 30 ; o r 

ii . Tr ansfer the specified t erms and condit ions o f the 

constr uction permit, and an enfo r ceable compliance schedule 

whi ch satisfies t he requirements o f Regulation No . 30, Secti on 

5(d) (8) (iii ), to t he Regulat ion No . 30 permit by reopeni ng t he 

permi t f o r cause p ursuant to t he procedur es in Regul ation No . 

30 ; o r 

iii. Deny the r equest f o r appr oval to oper ate . 

11 . 6 No permit shall be issued by the Department unl ess t he appli cant shows t o 

the sat i s f action o f t he Depar t ment that the equi pment , f acility, o r air 

cont ami nant cont r ol devi ce is designed t o operate or is operating wi t hout 

causing a violation o f t he State Impl ement a t i on Plan, o r a ny rule o r 

r egulat i on of the Depart ment , and wit hout int e r feri ng with t he attai nment 

o r ma i ntena nce o f Nat ional and State ambient a i r q ua lity st a ndards , and 

without endanger ing the health, safety, and welfar e o f the people o f the 

St a t e o f Del aware . The Department may, from t ime t o t ime , i ssue o r accept 

c r iter ia f o r the guidance o f applicants indicating the technical 

specifications which it deems will comply with the per f o r mance standar ds 

r efer enced her ein . 

11 . 7 Befo r e a pe rmit is issued, the Depar tment may requi re t he applicant to 

conduct such tests as are necessary i n the opinion o f the Depar tment to 

deter mine t he ki nd and/or amount o f t he contaminants emitted f rom the 

equipment o r whether t he equi pment o r fuel o r the oper ation o f the 

equipment will be in violat ion of a ny o f the p r ovisions o f a ny r ule o r 

r egulat i on of the Depart ment. Such t est s shall be made at t he expense o f 

the applicant and shall be conduc t ed in a manner approved b y the 

Depar tment . 

11 . 8 The following emi ssi on r ates and/or s t a ndards f o r each a i r contaminant 

emitted from any equipment, facilit y or air cont aminant cont rol device 

shall be specified in each permit issued pur suant to this r egulation : 

a . The r ate and/or st andard est abli shed and/or rel i ed upon i n the St a t e 

Implementation Plan (SIP) to include the State o f Delawar e 

"Regulati ons Governi ng t he Control o f Air Pollution" and regulat ions 

promul gat ed pursuant to Section 111 and Section 112 o f t he Clean Air 

Act ( CAA) ; and 

b . The r ate that was shown under Section 11 . 6 as not inter fer ing with 

the a t tai nment and maint enance of any National and St ate ambient air 

quality st andard, and not endangeri ng t he health, saf e t y, and 

welfar e o f the people o f the State o f Delawar e ; o r 

c . The rat e requested b y the appl icant . In no case shall thi s r a t e be 

g r eater tha n the pot ent ial t o emit o f the equipment , facilit y, o r 

air cont ami na nt cont rol devi ce; a nd i n no case shall t his rat e be 

less st r ingent than t he r ate specif ied i n Sect ion 11 . 8(a) and (b) o f 

this r egulation . 

11 . 9 Each emission r ate and standar d shall be enfo r ceable as a p r actical 

matter. Enfo r ceable as a p r actical matter means that each emission r ate 

Reg . No . 2 - Page 10 
and standar d : 

a . Is st a t ed in the permit as a t echnically specific and accur ate 

limitation . 

b . Is specifically associated with a par ticular piece(s) o f equipment 

o r air contaminant contr ol device(s) . 

c . Has associat ed condit ions which, in t ot a l , establish a method to 

deter mine compliance . Such associat ed condit ions shall include 

appr op r iate testing, monitor ing, r eco r d keeping, and r epor ting 

r equir ements . 

d . Has a r ecurring, p r edict able time period under which compli ance wit h 

the l i mit a tion wil l be demonstrated . Such time period s hall be t hat 

specified in the underl ying St a t e r egulat i on or federal rule or, i n 

the absence o f such specificat ion and upon approval by the 

Depar tment, shall be hourl y , daily, monthly, o r s ome othe r time 

per i od which p r ovides f o r the demonstr ation of compliance with the 

limitation no less f r equently than monthly . 

11 . 10 A constr uction permit o r any r enewal ther e o f shall be valid f o r a per i od 

not to exceed t hree years from t he dat e of issuance, unless sooner revoked 

by o r der o f the Depar tment, and may be renewed upon application to and 

appr oval by the Depar tment . 

11 . 11 An operat i ng pe rmit may be valid for an i nde fini t e peri od, unless the 

equipment o r oper ation for which a permit is wr itten has contr olled 

emissions o f 100 tons o r more pe r year of any a i r cont ami nant, in which 

case t he permit shal l be valid f o r not mor e t han a 5- year per iod and s hal l 

be eval uated p rio r t o re- issuance t o deter mine if pe rmitted emission 

limits a r e appr op r iate . 

11 . 12 The provisions of Secti on 2 . 1 and 11 . 3 s hal l not apply t o t he oper a t ion o f 

equipment o r p r ocesses for the pur pose o f i ni t i a lly demonstr ating 

satisfactor y per for mance to the Depar tment f ollowing constr uction, 

installation, modificat ion o r alt erat ion o f t he equipment or p r ocesses . 

The applicant shall notify the Depar tment sufficiently in advance o f the 

demonstr ation and shall obtain the Depar tment ' s p r i o r concurrence o f the 

operat ing fact ors, t ime period and ot her pertinent det ail s relating to the 

demonstr ation . 

11 . 13 Upon receip t o f an appli cat ion f o r the issuance of an ope r a t ing permit the 

Depar tment, in its d i scret i on, may issue a tempor a r y oper ating permit 

valid f or a peri od not t o exceed ninet y (90) days . A t emporar y operating 

permit i ssued pur s uant t o t his Section shall not be ext ended more than 

once f o r an additional 90 - day per i od . 

06/01/97 

Section 12 - Public Par ticipation 

12 . 1 Infor mation obt a i ned t hrough the provi s i ons of this Regul a t i on shall be 

made available f o r publi c i nspection at any Department o f fice except where 

such info r mation is o f confidential natur e as defined in 7 Del. C. 

Chapter 60 , Sect ion 6014 . The Department shall p r ovide f or public 

part icipation and comment i n acco r dance wit h Sect ion 12 . 2 t hrough 12 . 6, as 

applicable . 

12 . 2 Upon receipt o f a source categor y pe rmit application o r a permit 

Reg . No . 2 - Page 11 
application, in p r ope r f o r m, t he Depar t ment shall provi de for public 

par ticipation and comment by : 

a . Making avail abl e i n at l east one location i n t he St a t e o f Delaware a 

public file cont a ining a copy o f all materi a l s tha t t he applicant 

has submitted (othe r than those g r anted confidential t r eatment) . 

b . Adver tising in a newspaper o f gener al cir culation in the county in 

which the activity is p r op osed and in a daily newspaper o f gener al 

cir culation thr oughout the State : 1 ) the fact that the application 

has been recei ved, t he ident i t y o f the a ffect ed facilit y, and the 

city o r t own in whi ch the facility is locat ed, 2) a b r ief 

descr iption o f the natur e o f the applicat i on, to include the 

activity o r activities involved in the permit action and the 

emissions o r t he change in emission involved, and 3) the name , 

addr ess and telephone number o f a Depar tment r epr esentative with 

r esponsibilit y f o r t he per mit t ing act i on, the place a t whi ch a copy 

o f the public file may be inspected, and a statement o f p r ocedur es 

to r equest a hear ing . 

c . Sending not ice o f the informat ion det a iled in Sect ion 12 . 2(b) by 

mail t o a ny pe r son who has request ed such not ificat ion f rom the 

Depar tment by provi d ing to t he Departme nt their name a nd mailing 

addr ess . 

d . Holding, if the Departme nt r eceives a mer ito r i ous r equest f o r a 

hear ing wi thin fift een (15 ) calendar days o f the dat e of the 

adver tisement descr ibed in Section 1 2 . 2(b) , o r if the Depar tment 

deems i t to be in t he best int e r est o f t he St ate t o do so, a publi c 

hear ing on an applicat i on for inter est ed per s ons t o appear and 

submit wri tte n o r o ral comment s on the a i r q uality impact of the 

p r oposed action . 

i . A public hearing r equest shall be deemed merit o rious if it 

exhibits a familiar ity with the application and a r easoned 

statement o f the permit ' s p r obable impact . 

ii. Not l ess t han t wenty (20) calendar days before the t i me o f 

said hearing , not ification t hat a public hear ing wil l be hel d 

and the time and place o f that hear ing shall be : 

A. Served upon t he appli cant as summonses are served o r by 

r egister ed o r cer tified mail; and 

B. Published in a newspaper o f gener al cir culation in the 

count y in whi ch t he activi ty i s proposed and i n a dail y 

newspaper o f gener al cir culation thr oughout the State . 

e . Consider ing all comments submitted by the applicant and the public 

in r eaching its final determination . 

12 . 3 Fo r each permi t applicat ion request ing t o make t he t erms and conditions o f 

a permit feder ally enfo r ceable, the Depar tment shall p r ovide f o r public 

par ticipation and comment by : 

a . Making avail abl e i n at l east one location i n t he St a t e o f Delaware a 

public file cont a ining a copy o f all materi a l s t hat t he applicant 

has submitted (othe r than those g r anted confidential t r eatment) , a 

copy o f the dra f t permi t , and a copy o r summar y of other mat erials, 

Reg . No . 2 - Page 12 
if any, consider ed in making the p r eliminar y determination . 

b . Adver tising in a newspaper o f gener al cir culation in the county in 

which the activity is p r op osed and in a daily newspaper o f gener al 

cir culation thr oughout the State : 1 ) the fact that the application 

has been recei ved, t he ident i t y o f the a ffect ed facilit y , and the 

city o r t own in whi ch t he facility is locat ed, 2) a b r ief 

descr iption o f the natur e o f the applicat i on, to include the 

activity o r activities involved in the permit action and the 

emissions or t he change in emission involved, and 3) the name , 

addr ess and telephone number o f a Depar tment r epr esentative with 

r esponsibilit y f o r t he per mit t ing act i on, the place a t whi ch a copy 

o f the public file may be inspected, and a statement o f p r ocedur es 

to r equest a hear ing . 

c . On or bef o r e t he dat e o f t he adver tisement described in Section 

12 . 3 (b) : 

i . Sending not ice of the information detail ed i n Section 12 . 3(b) 

by ma il t o t he Administ rat or o f the EPA, t hrough t he Region 

III office, a nd to any person who has request ed such 

notification from t he Depart me nt by provi ding t o the 

Depar tment their name and mailing addr ess . 

ii. Providing t he Administ r a t o r o f t he EPA, t hrough t he Regi on I I I 

o ffice , a copy of the d r aft permit . 

d . Holding, if the Depart me nt r eceives a mer ito r i ous r equest f o r a 

hear ing wi t hin t hirt y (30) calendar days o f t he date of the 

adver tisement descr ibed in Section 12 . 3(b) , o r if the Depar tment 

deems i t to be in t he best i nt e r est o f t he St ate t o do so, a publi c 

hear i ng on an appl ication o r the draf t permit for i nt e r ested persons 

to appear and submit wr itten o r o r al comme nt s on t he air quality 

impact of t he proposed act i on o r on the specific t erms and 

conditions o f the d r aft permit . 

i . A public hearing r equest shall be deemed merit orious if it 

exhibits a familiar ity with the application and a r easoned 

statement o f the permit ' s p r obable impact . 

ii . Not l ess t han thir ty (30) calendar days before the t i me o f 

said hearing , not i fication t hat a public hear ing wil l be hel d 

and the time and place o f that hear ing shall be : 

A. Served upon t he appli cant as summonses are served o r by 

r egister ed o r cer tified mail; and 

B. Published in a newspaper o f gener al cir culation in the 

count y in whi ch t he activi ty i s proposed and i n a dail y 

newspaper o f gener al cir culation thr oughout the State . 

e . Affo r ding the applicant a n opport unit y t o submit, within 

fifteen (1 5) days f ollowing the close o f the public comment per i od 

o r t he public hearing, whichever is later, a response t o any 

comments made . 

f . Consideri ng all comment s submit t ed by t he appl icant , t he publi c, and 

the Administr ato r o f the EPA in r eaching its final determination . 

Reg . No . 2 - Page 13 
g . Pr oviding t o the Administra t o r of the EPA, through the Region III 

office, a copy of the permit . 

12 . 4 Fo r each permit application r equesting to allow the ter ms and conditions 

of a const ruction per mi t t o t ransfer t o a Regulat ion No . 30 permit via the 

administr ative pe r mit amendment p r ocess speci fied in Regulation No . 30 , 

the Depar tment shall p r ovide for public par ticipation and comment by : 

a . Making avail abl e i n at l east one location i n t he St a t e o f Delaware a 

public file cont a ining a copy of all ma t eri a l s tha t t he applicant 

has submitted (other than those g r anted confidential t r eatment) , a 

copy o f the dra f t pe rmi t , and a copy or summar y of other mat erials, 

if any, consider ed in making the p r eliminar y determination . 

b . Adver tising in a newspaper of gener al cir culation in the county in 

which the activity is p r oposed and in a daily newspaper of gener al 

cir culation thr oughout the State : 1) the fact that the application 

has been recei ved, t he ident i t y of the a ffect ed facilit y, and the 

city o r t own in whi ch the facility is locat ed, 2) a b r ief 

descr iption of the natur e of the applicat i on, to include the 

activity o r activities involved in the permit action and the 

emissions o r t he change i n emission involved, and 3) the name , 

addr ess and telephone number of a Depar tment r epr esentative with 

r esponsibilit y f o r t he per mit t ing act i on, the place a t whi ch a copy 

of the public file may be inspected, and a statement of p r ocedur es 

to r equest a hear ing . 

c . On o r bef or e t he dat e of t he adver tisement de scribed in Section 

12 . 4 (b) : 

i . Sending not ice of the information detail ed i n Section 12 . 4(b) 

by mai l to any person who has requested s uc h noti f i cation from 

the Depar tment by p r oviding to the Depar tment their name and 

mailing addr ess, and to the r epr esentative of any affected 

states designated by those states to r eceive such notices . 

The ter m "affect ed s t a t es" ret ains t he meaning accor ded t o i t 

in Regulation No . 30 . 

ii . Pr oviding t he Administ r a t o r of t he EPA, t h r ough t he Regi on I I I 

office, affected states, any per son who r equests it, and the 

applicant a st a t ement that set s fort h the l egal and factual 

basis for t he draft per mi t condit ions (including ref erences to 

the applicable statutor y o r r egulator y p r ovisions) . 

iii . Pr oviding t he Administ r a t o r o f t he EPA, t h r ough t he Regi on I I I 

office, a copy of the pe rmit application unless the 

Administr ator waives the r equir ement . 

d . Holding, if the Departme nt r eceives a mer itor ious r equest for a 

hear ing wi thin t hirt y (30) calendar days o f t he date of the 

adver tisement descr ibed in Section 12 . 4(b) , o r if the Depar tment 

deems i t to be in t he best i nt e r est o f t he St ate t o do so, a publi c 

hearing on an appl ication o r the draf t permit for i nt e r ested persons 

to appear and submit wr itten o r o r al comment s on t he air quality 

impact of the p r oposed act i on o r on the specific t erms and 

conditions of the d r aft permit . 

i . A public hearing r equest shall be deemed merit o rious if it 

exhibits a familiar ity with the application and a r easoned 

Reg . No . 2 - Page 14 
statement o f the permit ' s p r obable impact . 

ii. Not l ess t han thir ty (30) calendar days befor e the t i me o f 

said hear i ng , not i fication t hat a p ublic hear ing wil l be hel d 

and the time and place o f that hear ing shall be : 

A. Ser ved upon t he appli cant as summonses a r e served o r by 

r egister ed o r cer tified mail ; and 

B. Published in a newspaper o f gener al cir culation in the 

count y in whi ch t he activi ty i s propose d and i n a dail y 

newspaper o f gener al cir culation thr oughout the State . 

e . Affo r ding the applicant a n oppor t unit y t o submit, within 

fifteen (1 5) days f ollowing the close o f the public comment per i od 

o r the p ub lic hear ing, whicheve r is later, a r esponse t o any 

comments made . 

f . Consider i ng all comment s submi t t e d by t he appl icant, t he publi c , and 

any affected state in r eaching i t s fina l determination . The 

Department s ha l l maintain a list o f a l l commenter s and a summary o f 

the issues r aised and shall make that info r mation available in the 

public file and supply it to EPA upon r equest . 

g . Aft e r meet ing t he r equirement s of 12 . 4(a) t h r ough 12 . 4 (f) , p r oviding 

the Admi nist r a t or of the EPA, thr ough t he Region I II office, a copy 

o f the proposed pe r mit [i . e . , the versi on o f t he pe r mit that 

r epr esents the Depar tments final determination under Section 

12 . 4 (f)] , a ll necessary s upport i ng infor mat ion, and p r oviding a 

not ice t o t he Admi nistr ator and to any affect ed st ate o f any refusal 

by t he Depar t ment to accept a ll r ecommendations for the p r op osed 

permit tha t t he affected s t a t e submitte d dur ing the public r eview 

per iod . The notice shall include the Depar tment ' s r easons f o r not 

accepting any such r ecommendation . The Depar tment is not r equir ed 

to accept r ecommendations that a r e not based on applicable 

r e quirement s . The term "appl icable requi rement" r etains t he meaning 

accor ded to it in Regulation No . 30 . 

h . On o r bef ore t he dat e that t he Depar tment p r ovides the p r op osed 

permit t o EPA for r eview under Section 12 . 4 (g) , issuing a wr itten 

r esponse t o a ll comments submitted by affected st a t es a nd all 

significant comments submitted by the applicant and the public . 

12 . 5 The Depar tment shall not issue t he pe rmi t if t he Administr a t o r obj ect s t o 

its issuance in wr iting within f o r ty- five (45) days o f r eceipt o f all o f 

the inf or mat ion p r ovided t o t he Admini st rat o r pursuant t o Section 12 .4 (g) . 

Any EPA ob j ection under this par agr aph shall include a statement o f the 

Administr ato r' s r easons f o r ob j ection and a descr iption o f the ter ms and 

conditions t hat mus t be r evised t o r espond t o the obj ect ion . The 

Administr ato r will p r ovide t he applicant a copy o f the obj ect ion . The 

Department may t her eaft e r i ssue onl y a r evi sed per mi t that satis f ies EPA ' s 

ob j ection . 

12 . 6 If the Admi ni s t rat or does not object in wr i t ing unde r Sect ion 12 . 5 , any 

per s on may pet i t ion the Administ r a t o r wi thi n sixty (60) days a f t er the 

expir ation of the Administr ato r' s 45- day r eview per i od t o make such 

ob j ection . Any such petition shall be based onl y on ob j ections to the 

pe rmi t raised wi th reasonable speci ficit y dur i ng the publ ic comment period 

p r ovided f o r in Section 12 . 4 , unless the petitione r demonstr ates that it 

was impr acticable to r aise such ob j ections within such per i od , o r unless 

the g r ounds for such object i on a r o se after such pe r iod . I f the 

Admini s t r a t o r obj ect s t o the permit as a r esul t of a pet ition f ile d under 

Reg . No . 2 - Page 15 
this paragraph, t he Depart me nt shall not amend t he Regula t i on No . 30 

pe rmi t unt i l EPA' s obj ection has been r esol ved, except t ha t a pet i tion for 

r eview does not stay the effectiveness o f the constr uction permit and/o r 

the amended Regulat ion No . 30 permit or i t s requireme nt s if the 

constr uction permit o r the amended Regulation No . 30 permit was issued 

after the end o f the 45 - day r eview per i od and p r i o r to an EPA ob j ection . 

If t he Department has issued an amended t he Regul a tion No . 30 permit prior 

to recei p t of a n EPA ob j ection under t his par agr aph, the Administr ato r 

will modify, t erminat e , o r revoke such per mit, and shall do so consi stent 

wit h the time limit s est ablished in 40 CFR 70 . 7(g) (4 ) o r (5) (i) and (ii) , 

except in emergenc i es, and the Depar tment may ther eafter issue only a 

r evised pe r mit t hat sat i s fies EPA's obj ect ion . In any case , the s our ce 

will not be in violation o f t he r equirement t o have submi t t ed a timely and 

complete application under Regulation No . 30 . 

06/01/97 

Section 1 3 - Depar tment Reco r ds 

1 3 . 1 The Department will keep for f ive (5 ) year s s uch r ecords and submi t to the 

Administr ato r o f the EPA such info r mation as the Administr ato r may 

r easonably r equir e to ascer tain whether the optional p r ocedur es to 

establish and t r ansfer the ter ms and conditions o f a constr uction permit 

issued pur suant t o t his regula t i on into a Regulation No . 30 oper ating 

permit via the administra t ive permit amendment p r ocess specified in 

Regulation No . 30 comply with the r equir ements o f the Feder al Clean Air 

Act and 40 CFR Par t 70 . 

Reg . No . 2 - Page 16 
Appendix •A" 

(Fo r t he applicabilit y of Appendix "A" see 

Section 2 . 2 o f the r egulation) 

a . Air contaminant detecto r, air contaminant r eco r der, combustion 

contr olle r o r c ombustion shut- o ff . 

b . Except as provided f o r in Regulat ion No . 22 , "Rest rict ion o n Qual i t y 

o f Fuel in Fuel Burning Equi pment , " external c ombustion f uel burning 

equipment which : 

i . Uses any fuel a nd has a rat ed heat input o f less than 10 

million Br itish- Ther mal Units (BTUs) per hour. 

ii. Uses only nat ural gas, LP gas, o r o t her desulfurized fuel gas 

and has a rat ed heat inp ut of less t han 15 million Br itishTher mal Units (BTUs) per hour. 

c . Air conditioning o r comfor t ventilating systems . 

d . Vacuum cleaning syst ems used exclusi vely f o r office applications or 

r esidential housekeeping . 

e . Ventilating o r exhaust systems for p r int sto r age r oom cabinets . 

f . Exhaust systems for contr olling steam and heat . 

g . Any equipment at a facility used exclusively f o r chemical o r 

physical analysis o r det ermina tion o f produc t quali ty and commer cial 

acceptance, p r ovided t he oper ation o f t he equipment is no t an 

integr al par t o f the p r oduction p r ocess a nd the total actual 

emissions f r om a ll such equipme nt at t he facility do no t exceed 

45 0 p ounds in any calendar month . 

h . Inter nal combus t i o n engines in 

passenger s o r f r eight . 

vehicles used f or transport o f 

i . Mai nt enance, r epair, o r r eplacement i n kind o f equi pment for which a 

per mit to oper ate has been issued . 

j. Equipme nt which emit s o nly nit rogen, oxygen, car bon d i o xide, a nd/or 

water vapo r. 

k . Ventilating o r exhaust systems used in eating establishments wher e 

f ood is p r epar ed f o r the pur p ose o f consumption . 

1 . Equipment used to liquefy o r separ ate o xygen, nitr ogen o r the r a r e 

gases f r om the air. 

m. Fi r ewo r ks display . 

n . Smudge pots for orchar ds or smal l out door heat ing devi ces t o p r event 

f r eezing o f plants . 

o . Outdoor painting and sand blasting equipment . 

p . Lawnmower s , t r acto r s , far m equipment and constr uction equipment . 

q . Gasoline dispensing facilit ies t hat never exceed a monthly 

thr oughput o f 10 , 000 gallons . 

Reg . No . 2 - Page 17 
s . Stationa r y gaso line sto r age tanks that : 

1. Have a capacity less than 550 gallons and that a r e used 

exclusively f o r the fueling o f implements o f husbandr y ; o r 

2 . Have a capaci t y less t han 2000 gallons and t hat wer e 

constr ucted p r i o r to Januar y 1 , 1 979; o r 

3 . Have a capacity less than 250 gallons and that wer e 

constr ucted after December 31 , 1 978 . 

t . Fi r e schools o r fir e fighting t r aining . 

u . Residential wood bur ning stoves and wood bur ning fir eplaces . 

v . Any s t a t i onary st orage tank not subj ect to cont rol by these 

r egulations which contains any liquid having a t r ue vapor p r essur e 

less than 0 . 5 psia at 70°F o r is less t han 5000 gallons capacit y . 

w. Bui ldi ngs, cabi net s, and f aci lit ies used for stor age of chemicals i n 

clo sed container s . 

x . Sewage t r eatment facilities . 

y . Water t r eatment units . 

z . Quiescent wastewater t r eatment oper ations . 

aa . Non-contact wat e r cooling towers (wat e r tha t has not been in dir ect 

contact with p r ocess fluids) . 

bb . Laundr y d r yer s , extr acto r s , o r tumbler s used f o r fabr ics cleaned 

with a water s o lution o f bleach o r deter gents . 

cc . Equipment used f o r hydr aulic o r hydr o static testing . 

dd . Bluepr int copier s and photog r aphic p r ocesses . 

ee . Kilns used f or fir ing ce r amic war e that are heat ed exclusively by 

natur al gas, electr icity, and/o r liquid petr oleum gas, and the BTU 

input is less than 1 5 million BTUs per hour. 

ff . Inor ganic acid sto r age tanks equipped with an emission contr ol 

device . 

gg . Any inter nal combustion eng ine associated with a stationa ry 

electr ical g e nerat or t hat: 1 ) has a st andby p ower rat ing of 450 

kilowat ts or l ess t hat i s used only d ur i ng t i mes of eme r gency; 2) i s 

locat ed at any residence; o r 3) i s located a t any commer cial poul t r y 

p r oducing p r emise, as t hese ter ms a r e defined in Regulation No . 

1144 . 

hh . Any inter nal combustion fuel bur ning equipment, which is not 

associ a t ed wit h a st ationary elect rical generator , and has an engine 

p ower r ating o f 450 hp o r less. 

Reg . No . 2 - Page 18 
-

OFFICE OF THE 

SECRETARY, 

STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONMENTAL CONTROL 

89 KINGS HIGHWAY 

DOVER, DELAWARE 19901 

Secretary's Order No.: 2005-A-0049 

PHONE: ( 302) 739-4403 

FAX: ( 302) 739--6242 

RE: Proposed Adoption of New Regulation No. 1144, "Control of 

Stationary Generator Emissions" and Corresponding Amendments to 

Regulation No. 1102, "Permits" 

Date of Issuance: December 14, 2005 

Effective Date of the Amendment: January 11, 2006 

I. Background 

On Thursday, August 25, 2005, a public hearing was held at 6:00 

p.m. in the DNREC Auditorium of the Richardson and Robbins Building, 

89 Kings Highway, Dover, Delaware, to receive comment on the planned 

adoption of a new Air Quality regulation, Regulation No. 1144, "Control 

of Stationary Generator Emissions", and corresponding amendments to 

Regulation No. 1102, <<Permits". Regulation No. 1144 will impact any 

owner of a stationary generator, except the owner of the following: any 

mobile generator; residential generator for emergency use only; certain 

generators whose emissions are already well controlled; or generators 

with a standby power rating of 10 kW or less. The amendments to 
Regulation No. 1102 will clarify the permitting requirements for owners 

of stationary generators. 

Delaware is not in compliance with Federal Air Quality standards 

for ground-level ozone and fine particulate matter (PM2.s). Among other 

things, the purpose of Regulation No. 1144 is to help ensure that the air 

emissions from new and existing stationary generators do not cause or 

contribute to these existing air quality problems. Regulation No. 1102 is 

being amended to clarify construction and operation permitting 

requirements as they apply to stationary generators. 

Oral comments were received from members of the public that 

attended this hearing back in August, as well as written comments, 

which were received by the Department prior to the close of the public 

record regarding these proposed regulatory promulgations. The 

Department provided satisfactory responses to the questions posed by 

the public at the hearing in August, and also provided a Response 

Memorandum addressing the written comments entered into the record 

of this matter. Proper notice of the hearing was provided as required by 

law. 

Mter the hearing, the Hearing Officer prepared her report and 

recommendation in the form of a Hearing Officer's Report to the 

Secretary dated December 13, 2005, and that report is expressly 

incorporated herein by reference. 

2 
II. Findings and Conclusions 

On the basis of the record developed in th is matter, it appears that 

AQM has provided a sound basis for the proposed regulatory actions with 

regard to new Regulation No. 1144 and the amendments to existing 

Regulation No. 1102. Furthermore, the Department has given careful 

and serious consideration to all comments provided by the public with 

respect to this issue, and AQM's recommended conclusions with respect 

to each comment and the proposed action to be taken by the Department 

are well-reasoned and based on the record. 

III. Order 

It is hereby ordered th at the proposed adoption of Regulation No. 

1144, "Control of Stationary Generator Emissions" and the proposed 

amendments to Regulation No. 1102, "Permits" should be promulgated in 

final form in accordance with the customary and established rule-making 

procedure required by law. 

IV. Reasons 

The adoption of Regulation 1144 will aid the State of Delaware in 

ensuring that emissions from new and existing stationary generators do 

not cause or contribute to the existing air quality problems with regard to 

ground-level ozone and fine particulate matter, thereby adversely 

impacting public health, safety and welfare. Moreover, the amendments 

3 
to existing Regulation 1102 will result in clarification to existing 

construction and operating permitting requirements as they apply to 

stationary generators, and will assist the Department in furtherance of 

the policy and purposes of 7 Del. C., Ch. 60. 

Ahear\ Reg. l144.Amend.Reg.ll02.2005.ord 

4 
HEARING OFFICER’S REPORT 

Regarding: Proposed Adoption of New Regulation No. 1144, “Control of 

Stationary Generator Emissions” and Corresponding Amendments to 

Regulation No. 1102, “Permits” 

Lisa A. Vest 

Public Hearing Officer 

December 13, 2005 
I. Background: 

On Thursday, August 25, 2005, a public hearing was held at 6:00 

p.m. in the DNREC Auditorium of the Richardson and Robbins Building, 

89 Kings Highway, Dover, Delaware, to receive comment on the planned 

adoption of a new Air Quality regulation, Regulation No. 1144, “Control 

of Stationary Generator Emissions”, and corresponding amendments to 

Regulation No. 1102, “Permits”. Regulation No. 1144 will impact any 

owner of a stationary generator, except the owner of the following: any 

mobile generator; residential generator for emergency use only; certain 

generators whose emissions are already well controlled; or generators 

with a standby power rating of 10 kW or less. The amendments to 

Regulation No. 1102 will clarify the permitting requirements for owners 

of stationary generators. 

Delaware is not in compliance with Federal Air Quality standards 

for ground-level ozone and fine particulate matter (PM2.5). Among other 

things, the purpose of Regulation No. 1144 is to help ensure that the air 

emissions from new and existing stationary generators do not cause or 

contribute to these existing air quality problems. Regulation No. 1102 is 

being amended to clarify construction and operation permitting 

requirements as they apply to stationary generators. 
Oral comments were received from members of the public that 

attended this hearing back in August, as well as written comments, 

which were received by the Department prior to the close of the public 

record regarding these proposed regulatory promulgations. The 

Department provided satisfactory responses to the questions posed by 

the public at the hearing in August, and also provided a Response 

Memorandum to the written comments entered into the record of this 

matter. The same will be discussed in further detail below. Proper 

notice of the hearing was provided as required by law. 

II. The Record: 

A. Exhibits: 

Mark Prettyman from the Air Quality Management Section of the 

Department provided a brief summary of what the proposed amendments 

to Regulation 1102 (“Permits”) entail, as well as explaining why the 

Department wishes to adopt new Regulation No. 1144 (“Control of 

Stationary Generator Emissions”) to those that attended the public 

hearing that night. Additionally, Mr. Prettyman entered into the record 

fifty-eight (58) exhibits regarding the aforementioned proposed regulatory 

actions. These exhibits were available to the public for review, both prior 

to and at the actual hearing. A summary sheet identifying each of these 

exhibits entered into the record at the time of this public hearing is 

attached hereto as Exhibit “A”, and expressly incorporated hereinto this 

Hearing Officer’s Report. Also entered into the record at the public 
hearing were the following: (1) a letter from Jim Cubbage on behalf of 

the Delaware Volunteer Fireman’s Association, requesting an exemption 

from proposed Regulation No. 1144; (2) comments from Joe Suchecki on 

behalf of the Engine Manufacturer’s Association. These documents were 

entered into the record by the Hearing Officer as Exhibits #1 and #2, 

respectively. 

B. Factual Findings: 

As stated above, the Department is proposing the adoption of 

Regulation No. 1144, “Control of Stationary Generator Emissions”, and 

corresponding amendments to Regulation No. 1102, “Permits”. During 

the Department’s presentation offered to the public by Mark Prettyman, 

it was explained that it is the responsibility of the Air Quality 

Management’s Airshed Evaluation and Planning Group to identify, 

develop and implement strategies to control air emissions in a way that 

continuously improves the ambient air quality of the State of Delaware 

and protects public health, safety and welfare. Part of this responsibility 

is developing regulations that reduce a risk to the public health caused 

by the emissions of pollutants from sources in Delaware. 

As noted previously, Delaware is not in compliance with the 

National Ambient Air Quality Standards for ground-level ozone and fine 

particulate matter. As an outcome of the Delaware Energy Task Force, 

and because of Delaware’s non-attainment status for these standards, 

DNREC developed a proposed regulation to control the air emissions 
from on-site electric generating units such as emergency generators, as 

well as generators typically known as distributed generation, or “DG” 

units. DG is typically thought of as smaller, on-site, fossil fuel-fired 

units, though DG can encompass a much larger world of electric 

generation. These fossil fuel-fired generators emit much higher rates of 

air contaminants per kilowatt hour, and contribute to the formation of 

ground-level ozone and fine particulate matter. Among other things, the 

purpose of Regulation No. 1144 is to help ensure that the air emissions 

from new and existing stationary generators do not cause or contribute 

to these existing air quality problems. 

This new regulation will impact any owner of a stationary 

generator, except for the owner of a mobile generator, residential 

generator for emergency use only, certain generators whose emissions 

are already well controlled, or generators with a standby power rating of 

ten kilowatts or less. Regulation No. 1144 establishes operating 

requirements, fuel sulfur content limits, and record keeping 

requirements for stationary generators. The regulation will also require 

stationary generators which operate at times other than during 

emergencies for testing or for maintenance to meet certain emission 

standards to reduce their emissions. 

Regulation No. 1144 is based on the Regulatory Assistance Project 

model rule for DG and was drafted by those persons who participated in 

the Distributed Generation Regulation Development Workgroup 
meetings. Once a final draft was complete, public workshops were held 

in order to notify the public of the draft regulation and to obtain 

comments and thoughts from the public on its requirements. Three 

separate workshops were held by the Department concerning this 

proposed regulation (one in each county) in May of 2005, in order to give 

the public adequate opportunity to learn about the regulation and to 

provide feedback to the Department concerning this matter. 

Another outcome of the Distributed Generation Regulation 

Development Workgroup meetings was the decision to amend AQM’s 

Regulation No. 1102 on permitting. The applicability of Regulation No. 

1102 to stationary generators, as it currently stands, is somewhat 

unclear. Thus, the Department proposes to amend this regulation in 

order to clarify construction and operating permit requirements as they 

apply to stationary generators. 

C. Comments/Response: 

In addition to the oral comments provided to the Department for 

the record at the actual public hearing on August 25, 2005, written 

comments were received by the Department prior to the close of the 

public record regarding these proposed regulatory actions. All comments 

received by the Department during the course of the record remaining 

open in this matter (i.e., whether they were received prior to the hearing, 

at the hearing itself, or up to the closing of the record for public comment 

on August 31, 2005) were given significant review and consideration by 
AQM, and thoroughly addressed in the Department’s formal Response 

Memorandum dated December 6, 2005, and received by the Hearing 

Officer on December 9, 2005. 

AQM’s Response Document encompasses the full range of 

comment contained in the record. Each comment was organized 

according to its source (i.e., the letter from which each comment 

originated), followed by a thorough and rational discussion of the issue 

based on the record developed in this matter. In addition, AQM offered 

its recommendation as to how each of these issues should be resolved. 

After reviewing this Response Document, it is my view that AQM has 

done an excellent job of identifying all of the relevant issues and 

discussing them in a thorough and balanced manner which accurately 

reflects the information in the record. Therefore, the Secretary may get 

an in-depth understanding of the record by reading AQM’s Response 

Memorandum, which is attached hereto as Exhibit “B” and expressly 

incorporated into this report for that purpose. 

III. Conclusions and Recommended Findings: 

On the basis of the record developed in this matter, it appears that 

AQM has provided a sound basis for the proposed regulatory actions with 

regard to new Regulation No. 1144 and the amendments to existing 

Regulation No. 1102. Furthermore, I believe that the Department has 

given careful and serious consideration to all comments provided by the 

public with respect to this issue, and have found the dimensions of the 
 

 

Response Document to be very rational and even-handed, with AQM’s 

proposed resolutions to be reasonable and consistent with the record. 

Therefore, I recommend the following findings with regard to this 

regulatory matter: 

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

2.	 The AQM Response Memorandum provides a thorough, 

accurate and balanced summary of the comments received 

by the Department concerning these regulatory matters, and 

is expressly incorporated herein for that purpose. 

3.	 AQM’s recommended conclusions with respect to each 

comment and the proposed action to be taken by the 

Department are well-reasoned and based on the record. As 

such, they are sufficient to serve as specific findings for that 

purpose. 

4.	 The proposed adoption of Regulation No. 1144, “Control of 

Stationary Generator Emissions” and the proposed 

amendments to Regulation No. 1102, “Permits” should be 

promulgated in final form, in accordance with the customary 

and established rule-making procedure required by law. 

/s/ Lisa A. Vest 

 Lisa A. Vest

 Public Hearing Officer 

\ahear\Reg.1144.Amend.Reg.1102.2005 
DNREC/Air Quality 

Mana.gement 

LEGAL NOTICE 

PUBUC HEARING 

The Department of Na1ural Resources and Environmental Control (DNREC) W11i conduct a public hearing on the y,tanned adopijon of a new regulation, Reaulatlon No. 1144, Control 

ol Stationary Generator Emissions," and corresponding amendments to Reaulalion No. 1102, "Pemils." Regula· 

t1011 No. 1144 willllllpact any owner ol a statlooary genera, 

tor, except lhe owner of any: mobile generator, residential 

generator for emergency use only: certain generators whose 

emissions are already well controlled; or generators with a 

standby power rating of 10 kW or less. The amendments to 

Regulation No. 1102 will clarify the permitting reqwements lor owners of stabonary generators 

Delaware is not in compliance with lederal air quality stan· 

dards for ground-level ozone and fine particulate matter 

(PM2.5). Among other things, the purpose of Regulation No. 1144 Is to help ensure that the air emissions from new 

and existing stationary generators do not cause or cootrlbute 

to these existing a1r qualitY problems. Regulation No. 1102 

is be1ng amended to clar~y construction and operating permitting requirements as they apply to stationary generators. 

The public hearing on this proposed adoption of ReguJ1tlon No. 11 « 111d the proposed amendments to Regulation No. 1102 will be held Thursday, August 25, 2005, begiMtno II 

6:00 PM In the DNREC audHorlum In the Ricllantaon lnd 

Robbins Building, located at 89 Kings Highway, Dover, DE 

19901. 

The proposed regulation and amendments may be mspected 

at ltle Departmenrs offices located at 156 South State 

Street. Dover,· or as tile last two Items on the foUowing web· 

srte:. 

http://www.dnrec .state.de. us/air/aqm page/Regu latlon· 

No.1144.htm. -

Rlr additional InformatiOn or any appointments to inspect the 

proposed regtJlation or amendments, please contact Mar1c: A. 

Prettyman in Dover at (302) 739-9402, or at mark.pretty· man@state.de.us 

Interested parties may submit comments in Wli1ing on these 

proposed amendments by August 31. 2005 to Mar1c: A. Pre!· 

tyman anf1/or statements and tesllmony may be presented 

either orally or in wnting at the August 25th pubHc hearing. Jt Is requested that those Interested In presenting statements 

at the public hearing register In advance and that written 

statements and comments be addressed to: 

Mar1c: A. Prel!yman ONREC • Air Quality Management Section 

156 South State Street 

Dover. DE 19901 

THIS IS TH£ ONLY TIME THIS NOTICE WILL APPEAR. 

71670 OSN 07/24/2005 

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Mailing: 

The News Journal 

PO Hox 15505 

Wilmington, OE 19850 

Street 

The News Journal 

950 W. Basin Road 

New Casllc, OE 19720 

(302) 324-2500 

/Olr-,~ f1, I] , 

{.ill JUL 2 ~ LulJ1 

AIROU IJT 

The News Journal 

Sunday News Journal 

The News J ournal 

AFFIDAVIT OF PUBLICATION 

STATE OF DELAWARE COUNTY OF NEW CASTLE 

Personally appeared before me this 24th day of July, 2005: 

I, Melissa Michelson, of the NEWS JOURNAL COMPANY, a daily newspaper printed and 

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

that the advertisement of SID DNREC Air Res-Reg 2 Permit Agps-Regulation 1144 & 

Regulation 1102 

was published in THE NEWS JOURNAL on, n/a and/or 

THE SUNDAY NEWS JOURNAL on July 24. 2005. 

CD:e~CY\~ Legal Coordinator 

Name Title 

Sworn to before me this 24th day of July 2005 
MEMORANDUM
 

To: Lisa A. Vest 

Through: James D. Werner 

Ali Mirzakhalili, P.E. 

Raymond H. Malenfant, P.E. 

Ronald A. Amirikian 

From: Mark A. Prettyman 

Subject: AQM Response Document to Comments Submitted on the Proposed 

Adoption of Regulation No. 1144 and the Proposed Amendment to 

Regulation No. 1102 

Date: December 6, 2005 

The following are Air Quality Management’s (AQM) responses to the written comments on the 

proposed Regulation No. 1144, “Control of Stationary Generator Emissions,” and the proposed 

amendments to Regulation No. 1102, “Permits.” No other comments were received. 

Commenter: James L. Cubbage, Jr.; Delaware Volunteer Firemen’s Association (DVFA); 

June 17, 2005 

Comment 1: Mr. Cubbage commented that the DVFA opposes the proposed regulation and 

requests an exemption from the proposed Regulation No. 1144 because it “will be an additional 

burden to the Public Safety Community.” 

Response 1: The purpose of Regulation No. 1144 is to help ensure that the air emissions from 

new and existing stationary generators do not cause or contribute to Delaware’s air quality 

problems. Thus, the proposed regulation includes various emissions standards, operating 

requirements, fuel sulfur content limits, and recordkeeping requirements applicable to covered 

generators. The Department does not believe that these requirements are overly burdensome in 

that they are necessary to ensure that the purpose of the proposed regulation is achieved. In 

regards to generators at fire stations, or any other generators used only during times of 

emergency, the proposed regulation would require the owners of these generators to: 

•	 send in an initial notification to the Department so that the Department can create an 

accurate database of the universe of generators in the State, which will enable the 

Department to evaluate the effectiveness of the regulation and the need for future 

amendments; 

•	 use only clean, low-sulfur diesel fuel to reduce diesel particulate matter and sulfur 

dioxide emissions, which are themselves harmful to public health and the environment, 
and which contribute to Delaware’s violations of the federal fine particulate matter 

National Ambient Air Quality Standard (NAAQS); and 

•	 keep minimal but necessary records regarding the use, testing, and maintenance of their 

emergency generators to give the Department the information needed to calculate 

emissions from these generators which will enable the Department to evaluate the 

effectiveness of the regulation and the need for future amendments. 

However, the Department recognizes the unique situation regarding the use of generators at fire 

stations. Most fire stations in Delaware are staffed by volunteers, who are not paid, and are 

providing a very important service to the public on their own time. Volunteer fire fighters may 

not have the additional time, beyond their own personal and professional lives, to ensure that 

complete and accurate recordkeeping of a generator’s use will be performed. While it is 

imperative that a fire station have an emergency generator to provide power during an 

emergency, it is not necessary for the generator to be operated for non-emergency purposes. If it 

were ensured that generators at fire stations were only being used for emergency purposes, 

various assumptions could be made in estimating the emissions impact from this realm of 

generators if the proposed regulation did not apply to them. The DVFA previously provided the 

Department with a list of generators installed at fire stations, their estimated standby power 

rating, and if they have a testing or maintenance schedule, which can be used in estimating the 

impacts from existing generators at fire stations. Restricting the use of generators at fire stations 

to emergency use only shall help the Department ensure that the emissions from these units will 

not unexpectedly increase. Thus, after further consideration of the DVFA’s request, it is the 

Department’s response that an exemption shall be included in the proposed regulation which will 

exempt existing, emergency generators located at the stations of the member companies of the 

DVFA. These stations will be listed in a new Section 9.0 of the regulation. However, any new 

generators will be subject to the proposed regulation once it becomes effective. Additionally, a 

restriction will be added to the proposed regulation which will prohibit any generator at a station 

listed in the new Section 9.0 from being used as a distributed generator. 

Commenter: Joseph L. Suchecki; Engine Manufacturers Association (EMA); August 25, 

2005 

Comment 2: “EMA continues to object to the inclusion of CO2 [carbon dioxide] as a pollutant 

in the regulation. Despite the fact that stationary engines should not have any difficulty in 

meeting the proposed standards, EMA continues to believe that it is inappropriate to regulate 

CO2 as a pollutant in Regulation 1144.” 

Response 2: This response addresses the comment above by Joseph Suchecki (EMA), as well as 

Comments 8, 11, and 18 below by David Bacher (NRG), Paul Jann (DuPont), and Andrew 

Vahey (DP&L), respectively, concerning CO2 . 

In regards to the Department’s authority to regulate CO2, the Department is directed to regulate 

CO2, as an “air contaminant,” pursuant to 7 Del. C., Chapter 60. Section 6001(a) of 7 Del. C. 

Chapter 60 states that the General Assembly has made certain “findings concerning the 

development, utilization and control of the land, water, underwater and air resources of the 

Page 2 of 16 
 

State.” Among others, these findings include: 

“(3) The regulation of the development and utilization of the land, water, 

underwater and air resources of the State is essential to protect beneficial uses and 

to assure adequate resources for the future;” and 

“(5) The land, water, underwater and air resources of the State must be protected 

from pollution in the interest of the health and safety of the public;” 

In order to effectuate these findings, Section 6001(c) of 7 Del. C. Chapter 60 provides for “a 

program for the control of pollution of the land, water, underwater and air resources of the State 

to protect the public health, safety, and welfare.” Section 6002 of 7 Del. C. Chapter 60 goes on 

to define “air pollution” as: 

“the presence in the outdoor atmosphere of 1 or more air contaminants in 

sufficient quantities and of such characteristics and duration as to be injurious to 

human, plant or animal life or to property, or which unreasonably interferes with 

the enjoyment of life and property within the jurisdiction of this State, excluding 

all aspects of employer-employee relationships as to health and safety hazards.” 

Section 6002 of 7 Del. C. Chapter 60 also defines what qualifies as an “air contaminant”: 

“particulate matter, dust, fumes, gas, mist, smoke or vapor or any combination 

thereof, exclusive of uncombined water.” 

CO2 is clearly an air contaminant, according to the Delaware statute, and can cause pollution. 

While CO2 may or may not be directly “injurious to human, plant or animal life or to property,” 

it does have the potential to interfere with the “enjoyment of life and property” within Delaware, 

and elsewhere, as detailed below. The Department was established pursuant to Chapter 60 of 7 

Del. C. to carry out the stated policies identified above. Therefore, it is the Department’s 

responsibility to control CO2, since it is an air contaminant which can cause air pollution. 

However, Delaware is not alone in categorizing CO2 as an air contaminant. On October 18, 

2005, New Jersey’s Acting Governor approved amendments to New Jersey’s Department of 

Environmental Protection (NJDEP) regulations, classifying CO2 as an air contaminant. The 

NJDEP determined, based on compelling scientific evidence, that regulating CO2 as an air 

contaminant is in the “best interest of human health, welfare, and the environment.” By 

classifying CO2 as an air contaminant, as the Delaware statute does, New Jersey will be able to 

pursue regional efforts to reduce CO2. 

It is correct that CO2 is not a federally regulated pollutant, but the Environmental Protection 

Agency’s (EPA) decision to not regulate CO2 does not prohibit Delaware from regulating its 

emissions. The Department must abide by Delaware’s laws, which must be as stringent, if not 

more stringent, that federal laws with respect to the Clean Air Act and its criteria pollutants. 

Nonetheless, the Department is bound by Delaware laws with respect to controlling pollution. 

The broad definition of “air contaminants” in the Delaware statute allows the Department to 

control pollutants which may not be controlled federally, such as CO2, which, in this singular 

incidence, makes Delaware laws more stringent than federal laws. The fact that EPA has not 

chosen to address CO 2, does not impact the Delaware statute. There are various pollutants which

are not federally regulated, and the Department is, or will be, addressing them where important 

to Delaware (such as total suspended particulates, as regulated in Regulation No. 1125, 

“Requirements for Preconstruction Review”), as time, resources, and justification permits, and of 

course, within reason. With regards to CO2, the Department has categorized it as a pollutant 

which needs to be addressed, for various reasons. 

Page 3 of 16 
There are various environmental reasons for including an emission standard for CO2 in the 

proposed regulation. The combustion of fossil fuels by internal combustion engines yields 

various exhaust gases, including CO2. The amount of CO2 emitted from the combustion of fossil 

fuels depends on various factors, such as an engine’s efficiency. In the simplest sense, CO2 

emissions are directly proportional to fuel consumption – the more fuel it takes an engine to 

produce a certain amount of power, the more CO2 the engine will emit. If an engine is more 

efficient (i.e. uses less fuel to produce the desired/required output of energy), it will not have to 

use as much fuel to produce the same amount of energy, and will therefore emit less CO2. In 

developing their model rule for smaller-scale electric generating units, the Regulatory Assistance 

Project (RAP) took this into consideration in setting CO2 standards. RAP wanted to encourage 

the deployment of efficient technologies, but it recognized that there are currently no practical 

aftertreatment controls to remove CO2 from an engine’s exhaust. Thus, the RAP Model Rule 

[Exhibit 12], on which the proposed regulation is based, includes CO2 standards which can be 

met by existing and new engines – a fact which Mr. Suchecki clearly confirms in his comment to 

the record. The three-tier phase-in of the proposed regulation’s emissions standards provides 

time, and incentives, for manufacturers of distributed generators and add-on controls to produce 

equipment that responds to such standards. While the first two tiers of the CO2 standard are set 

at 1900 lb/MWh, which is clearly a manner of capping CO2 emissions, the RAP Model Rule 

states that the third tier standard of 1,650 lb/MWh assumes efficiency among gas-fired 

technologies of at least 24% and will require improvements in some generators. Since increases 

in efficiency reduce a generator owner’s fuel costs (which is currently a very important issue and 

may become even more so in the future), it is reasonable to expect efficiency improvements will 

be largely market-driven, with the co-benefit of reduced CO2 emissions. 

Additionally, Delaware and other participating states are transitioning from a situation of total 

non-regulation of CO2 and other greenhouse gases, to an interim policy of beginning to address 

them without requiring significant immediate control efforts. Delaware is participating with 

other Northeastern and Mid-Atlantic States in a project called the Regional Greenhouse Gas 

Initiative (RGGI), whose purpose is to develop a regional strategy for reducing greenhouse 

gases. This regional effort, in combination with Delaware’s and other states’ regulations 

requiring CO2 standards for distributed generators, should represent a market share sufficient to 

help influence manufacturing production decisions. Furthermore, Section 3.3 of the proposed 

regulation requires the Department to complete a review of the technology and emissions rates of 

generators in Delaware, within 4 years after its effective date. If this review reveals that the third 

tier CO2 standards are beyond the technological advancements expected for the future, the 

regulation may be amended at that time to reflect a more appropriate CO2 standard. 

Increasing the efficiency of a generator’s engine will decrease its CO2 emissions, but the 

proposed regulation offers other methods for a generator to comply with its CO2 standards. 

Section 8 of the proposed regulation details three non-aftertreatment methods to help generator 

owners comply with its standards for CO2 and other pollutants. The first method involves taking 

credit for avoided emissions from flared fuels. If a generator is operating on a waste, landfill, or 

digester gas, the owner can deduct actual or default emissions that would have been produced 

had the gas been flared, from the actual emissions of the generator. The second method allows 

combined heat and power (CHP) installations to take emissions credit for their thermal output. A 

Page 4 of 16 
CHP system that meets the requirements of the proposed regulation may receive a compliance 

credit against its actual emissions based on the emissions that would have been created by a 

conventional separate system used to generate the same thermal output. This credit shall be 

subtracted from the actual generator emissions for purposes of calculating compliance with the 

emissions standards of the proposed regulation. The third method allows generator owners to 

add the electricity savings supplied by a non-emitting electricity source (i.e., wind, solar energy) 

to the electricity supplied by the generator for the purposed of calculating compliance with the 

emissions standards. Although generators should already be compliant with the CO2 standards, 

these three methods allow a generator to comply with the CO2 standards without using any sort 

of aftertreatment devices, if CO2 control is necessary. 

Regulating CO2 emissions of generators will not cause any financial burden on the generator 

owner. The primary function of a generator is to generate electricity in the absence of available 

electricity. The need to purchase and operate generators is not for financial gain; rather it is to 

avoid financial loss. Other than those generators which operate to generate electricity to meet 

base load demands, generators are typically only used for emergency purposes. If a generator is 

being used for purposes other than emergencies (i.e., it is a distributed generator), it is most 

likely being operated as a part of a peaking, or load management, program. In such programs, 

the generator owner is financially compensated, in one form or another, for the generator’s 

operation. While there may be costs associated with a distributed generator complying with the 

proposed regulation, it is up to the generator owner to weigh the financial pros and cons of 

operating at times other than during emergencies. Specifically in regards to certifying a 

generator’s compliance with the CO2 standards, the proposed regulation does not require 

emissions testing to be performed if adequate documentation can be provided which proves the 

generator’s compliance. If such documentation cannot be provided, emissions testing may be 

necessary. However, regarding CO2, simple portable emissions analyzers are available for rent, 

or a laboratory could be contracted to perform such testing. Note that it is a generator owner’s 

choice to operate a generator as a distributed generator, and it should have no bearing on the 

proposed regulation since the proposed regulation allows the use of the generator for 

emergencies only without imparting any significant financial hardship or burden (i.e., the 

proposed emission standards, to include the CO2 standard, do not apply to emergency only 

generators; they apply only to distributed generators). 

Another reason for including CO2 standards in the proposed regulation is to be consistent with 

the Delaware Climate Change Consortium’s (DCCC) 2010 target of reducing greenhouse gases, 

such as CO2, by 7% below Delaware’s 1990 emissions. In January 2000, the DCCC published 

the Delaware Climate Change Action Plan (DCCAP) [Exhibit 40] which recognized that, while 

greenhouse gas emissions are associated with virtually every social and economic activity in 

contemporary society, rising atmospheric levels of greenhouse gases have intensified, increasing 

the amount of heat retained by the earth, and has led to a change in global climate. The DCCAP 

discusses the impact of such a climate change, which may include greater precipitation extremes, 

induced extreme weather events, rising sea levels, shoreward erosion, saltwater intrusions, 

altered tidal ranges, nutrient transport disruption, losses of coastal habitat, and increased human 

health effects such as respiratory illnesses, heat stress, and allergenic disorders. The DCCAP 

also references an EPA fact sheet entitled “Climate Change and Delaware” [Exhibit 39] for 

possible vulnerabilities and impacts of climate change on Delaware and the Mid-Atlantic region. 

Page 5 of 16 
Specifically, the DCCAP notes that a climate change brought on by greenhouse gases could 

result in a regional increase in ground-level ozone; rising salinity levels in Delaware’s inland 

bays, wetlands, and estuaries; adverse affects on agriculture in Delaware; and a reduction in the 

extent and density of Delaware’s forests. Thus, the DCCC published the DCCAP in order to 

“provide Delawareans with a practical, analytically-based strategy to contribute to regional, 

national and international efforts to reduce greenhouse gas emissions.” Among other policy 

recommendations made to achieve the DCCC’s goal, the DCCAP recommends the “adoption of 

an emission standard for the State’s portfolio of electric generation units...[that] would entail a 

cap on the overall emissions of CO2 per unit of electricity generated within the State.” As it was 

discussed during the Distributed Generation Regulation Development Workgroup meetings, 

inclusion of the CO2 standard in the draft distributed generation regulation of 1900 lb/MWh is 

designed to reflect a cap at the current expected emission rate of CO2 for generators. Thus, 

including CO2 standards in the proposed regulation helps to accomplish this policy 

recommendation and helps to satisfy the emission reduction goals set by the DCCC. 

One commenter opined that the Department’s Start Action Notice did not authorize the 

Department to regulate CO2 in this regulation. The Department’s Start Action Notice is a 

document with no legal effect on the external public process. The proposed regulation that was 

put out for public notice clearly included the Department’s proposal to regulate CO2 emissions 

and the public has been on notice of this concern throughout the entire public process. 

Consequently, it is not significant that the Start Action Notice document (a short form) did not 

discuss the details of the final proposed regulation. 

Significantly, the commenters have not claimed any undue burden from the inclusion of the CO 2 

limit, or that their existing or future generators will be unable to comply with the limit. To the 

contrary, Mr. Suchecki was the commenter to opine on this issue, and he indicated that stationary 

engines should not have any difficulty in meeting the proposed standards. Further, no one has 

alleged that it will be necessary to add on any supplemental controls or additional, unreasonable 

costs for the utilization of the generators. Further, the Department believes that Delaware will 

benefit environmentally from the regulation of CO 2 , and none of the commenters have disputed 

that conclusion. 

In sum, the thrust of the comments against inclusion of the CO2 limit is that since the federal 

government has not chosen to list CO2 as a criteria pollutant, the Department should not be 

regulating it. This is not a sufficient justification and based on the record, there is no basis for 

removing the CO2 requirement from the proposed regulation. Thus, in consideration of all stated 

above, it is the Department’s response that more than adequate authority exists to regulate CO2 

consistent with the Delaware statute, and the record does not support removing the CO2 standard 

from the proposed regulation which sets standards for stationary generators. 

Comment 3: “The emissions standards for new emergency generators in Section 3.1.2 need to 

be clarified to ensure that aftertreatment devices are not required. Section 3.1.2 needs to be 

modified to clarify that emergency engines only need to meet Tier 2 and Tier 3 nonroad 

standards and not the newly developed Tier 4 standards. The reference to Chapter 1039 and 

1048 should be removed. Alternatively, the regulation could state that emergency engines are 

required to meet the recently proposed US EPA NSPS regulation for compression ignition 

Page 6 of 16 
engines which will not require emergency engines to use aftertreatment devices.” 

Response 3: EMA’s comments address that emergency generators are not expected to be 

operated for extended periods of time. This statement is true, but this should not preclude a new, 

emergency generator’s emissions from being “clean.” Current technology suggests that new 

emergency generators would be required to use aftertreatment devices in order to comply with 

the Tier 4 Nonroad standards of 40 CFR 1039, as required by Section 3.1.2 of the proposed 

regulation. However, technological advancements could be made before the effective date of the 

Tier 4 Nonroad standards which would not require emergency generators to need aftertreatment 

devices to meet those standards. Thus, it is the Department’s response to not revise Section 3.1.2 

of the proposed regulation to remove the reference to 40 CFR 1039. Under Section 3.3 of the 

proposed regulation, the Department is required to complete a review of the technology and 

emissions rates of generators in Delaware, within 4 years after its effective date. During this 

review, if it is determined that new emergency generators will not be able to achieve the Tier 4 

Nonroad standards without aftertreatment, or without affecting the generators’ performance and 

operation under emergency conditions, the regulation may be amended to delete the reference to 

40 CFR 1039 in Section 3.1.2. 

The Department also does not agree with the removal of the reference to 40 CFR 1048 in the 

proposed regulation. The standards of 40 CFR 1048 apply to new, spark-ignition nonroad 

engines with maximum engine power above 19 kW, built on or after January 1, 2004. The Tier 1 

and Tier 2 standards of 40 CFR 1048 take effect in 2004 and 2007, respectively. Additionally, 

the emissions standards of 40 CFR 1048 are very similar to the Tier 3 emissions standards of 40 

CFR 89, which controls the emissions of new and in-use, nonroad compression-ignition engines. 

Thus, it is the Department’s response that Section 3.1.2 of the proposed regulation not be revised 

to remove the reference to 40 CFR 1048. 

Comment 4: “The emissions standards of Section 3.2.2 for new distributed generators using 

landfill and digester gases should apply to engines greater than 200 hp.” 

Response 4: Landfill and digester gases are fuels that are routinely flared. Section 8.1 of the 

proposed regulation allows credits to be used toward attaining the emissions standards if a 

generator is operated on fuels which would otherwise be flared. This mechanism allows such 

generators operating on gases which are typically flared to comply with the emissions standards 

of Section 3.2.2, even if the generator cannot technologically meet these emissions standards. 

EMA’s December 14, 2004 comments state that the allowance of credits for flared fuels 

“allow[s] slightly higher emissions levels where needed.” If generators with engines smaller 

than 200 hp, operating on flared fuels, cannot meet the emissions standards in Section 3.2.2, 

Section 8.1 provides a mechanism for them to be able to comply with the emissions standards. 

Thus, it is the Department’s response that Section 3.2.2 should not apply only to generators with 

engines greater than 200 hp. 

Comment 5: “EMA recommends that the time period for compliance [in Section 7.1.2] to the 

standards be set at one year instead of 5 years.” 

Page 7 of 16 
Response 5: In his letter, Mr. Suchecki writes that “the standard industry practice for stationary 

engines and generators is to warrant or guarantee products and emissions for one year,” as 

opposed to the five years suggested in the proposed regulation. Mr. Suchecki also writes that 

“the 3,000 hour certification time period is much more reasonable and within the bound of 

normal industry practice.” The proposed regulation states that a supplier shall certify that a 

generator is capable of meeting the regulation’s requirements for the lesser of 3,000 hours of 

operation or five years, if the supplier seeks certification for its generator. Section 89.104(c) of 

40 CFR Part 89 “Control of Emissions from New and In-Use Nonroad Compression-Ignition 

Engines” states: 

“The warranty periods for warranties imposed by the Clean Air Act and §89.1007 

for all engines rated under 19 kW, and for constant speed engines rated under 37 

kW with rated speeds greater than or equal to 3,000 rpm, are 1,500 hours of 

operation or two years of use, whichever first occurs. For all other engines, the 

warranty periods for warranties imposed by the Clean Air Act and §89.1007 are 

3,000 hours of operation or five years of use, whichever first occurs.” 

It is a federal requirement that manufacturers of new compression-ignition engines warranty 

certain engines for a time frame of 3,000 hours of operation or five years. The same time frame 

for a manufacturer’s warranty can be found in the Nonroad standards of 40 CFR Part 1039, for 

compression-ignition engines of similar sizes in 2008 or later. The Department believes that it is 

reasonable to require generator manufacturers to certify that their generators can meet the 

emissions standards in the proposed regulation for the same time frames as warranties required 

federally for the engines which are used to power the generators. Thus, it is the Department’s 

response that compliance time frame in Section 7.1.2 in the proposed regulation not be revised. 

Comment 6: “The regulation should clarify that if a supplier certifies a generator in accordance 

with Section 7.1 of the proposed regulation that the owner does not have to verify the 

compliance with the emissions standards as required by Section 7.3.” 

Response 6: It is the intention of Section 7.3 of the proposed regulation to have generator 

owners demonstrate to the Department that their generator(s) complies with the applicable 

emissions standards of Section 3.0. Owners can verify compliance by providing information or 

data such as those suggested in Sections 7.3.1 through 7.3.3. If a person purchases a generator 

which is certified to meet the emissions standards of the proposed regulation, as detailed in 

Sections 7.1 and 7.2, Section 7.3 is not meant to require the person to perform additional testing 

on the generator to ensure that it meets the applicable emissions standards. Instead, Section 7.3 

requires the person to show the certification of the generator to the Department in order to prove 

that its emissions have already been tested and have been certified to meet the applicable 

emissions standards. This certification will be performed by the generator manufacturer if it is to 

be certified under Section 7.1 of the proposed regulation. If the generator is to be certified under 

Section 7.2, the manufacturer of the generator’s engine will perform the certification. 

Section 7.3 is being revised to clarify the information a generator owner must submit to the 

Department in order to verify its compliance with the applicable emissions standards. 

Page 8 of 16 
 

 

Commenter: David Bacher; NRG Energy, Inc.; August 29, 2005 

Comment 7: Mr. Bacher comments that the compliance date for existing, distributed generators 

should be twenty-four months after the regulation’s effective date, and for larger or more 

complex retrofits, he suggests a minimum compliance date of thirty-six months after the 

regulation’s effective date. 

Response 7: The compliance date for existing, distributed generators in the proposed regulation 

is the beginning of the 2007 ozone season. Delaware is currently classified as “non-attainment” 

for the National Ambient Air Quality Standards for ground-level ozone and fine particulate 

matter. Delaware’s compliance with these standards will be based upon the monitored ambient 

air in 2007-2009. The compliance deadline of the beginning of the 2007 ozone season allows the 

benefit from the emissions reductions achieved by the existing, distributed generators to be 

realized at the beginning of the monitored three year period. Assuming the effective date of the 

proposed regulation will be at the beginning of 2006; this will allow a compliance period of 15 

months after the effective date for generator owners to bring their generators into compliance. 

This timeframe is adequate for a generator owner to “evaluate and retrofit existing sources or 

replace them.” A selective catalytic reduction (SCR) system is one type of retrofit technology 

which could be used to help bring an existing, distributed generator into compliance with the 

emissions standards of the proposed regulations. In discussions with the manufacturers and 

installers of such systems, a generator can be retrofitted with an SCR system within three to six 

months. Additionally, it must be noted that this regulation development process began in July 

2003. The past 28 months have provided ample notice to existing generators owners that a 

regulation was being developed, and that compliance options should be researched and 

considered. 

Despite the above, the Department agrees that there could be potential hurdles in complying with 

the proposed regulation’s requirements. There are many factors which need to be considered if a 

generator is to be retrofitted to comply with the proposed regulation. Many potential problems 

could arise, whether they are economical, technological, or otherwise. Thus, it is the 

Department’s response that the compliance date in the proposed regulation not be revised for 

existing, distributed generators. However, a new provision shall be added to Section 1.3 which 

will allow an owner of an existing, distributed generator to request a one (1) year compliance 

extension, if necessary. If requested, the owner must provide the Department with a reasonable 

basis for the request, and demonstrate to the Department that the existing, distributed generator’s 

continued emissions will not delay Delaware’s attainment of the National Ambient Air Quality 

Standards for 8-hour ozone or fine particulate matter. 

Comment 8: Mr. Bacher comments that the emissions limitations for CO2 should be removed 

from the proposed regulation. 

Response 8: See Response 2, above, regarding the Department’s response to comments 

concerning CO2. 

Commenter: Paul R. Jann; DuPont Company; August 31, 2005 

Page 9 of 16 
Comment 9: Mr. Jann comments that “DuPont believes that this regulation will cause financial 

hardship on small businesses, commercial and institutional facilities, as well as R&D facilities 

that operate electrical generators and, by this regulation, are required to burn more expensive 

low-sulfur fuels, install high cost emissions controls that may or may not be able to achieve the 

proposed emission limits, perform expensive source emission testing, and comply with extensive 

record-keeping and reporting requirements.” 

Response 9: The Department does not agree that the proposed regulation will impart a financial 

hardship on generator owners. As it was stated in Response 2 above, there may be costs 

associated with a distributed generator complying with the proposed regulation, and it is up to 

the generator owner to weigh the financial pros and cons of operating at times other than during 

emergencies. It is a generator owner’s choice to operate a generator as a distributed generator, 

usually for some sort of financial gain. This decision should have no bearing on the proposed 

regulation since it allows the use of the generator for emergencies only without imparting any 

significant financial hardship or burden. Again, the choice of purchasing and operating an 

emergency generator is to avoid financial loss, not to provide financial gain. 

The proposed regulation is necessary to help reduce the health related impacts of air pollution 

and to help Delaware reach attainment of the National Ambient Air Quality Standards for fine 

particulate matter and ozone, as well as to improve other environmental effects such as 

atmospheric visibility. The proposed regulation does include emissions standards which will 

reduce the emissions which contribute to the formation of these pollutants. It also includes a 

sulfur content limit of 0.05% for diesel fuels used in generators. Low sulfur diesel is beneficial 

since it will, by itself, achieve significant particulate matter and sulfur dioxide emission 

reductions, enabling the environmental benefits to begin accruing quickly. Current off-road 

diesel fuels have allowable sulfur contents in Delaware of up to 0.3%, and the new federal 

standard of 0.05% will not go into effect until June 2007. However, 0.05% diesel fuel is 

currently being produced and widely distributed, for both on road and off-road purposes, with 

much lower sulfur content fuels also readily available. During the development of the proposed 

regulation, AQM staff spoke with various fuel distributors who stated that the cost difference 

between diesel fuel with 0.05% sulfur and diesel fuel with a higher sulfur content (0.2-0.3%) is 

only a few pennies per gallon (as of September 2004). The EPA even performed a cost analysis 

(in the final Clean Air Nonroad Diesel Rule, (69 FR38958-39273, June 29, 2004) to estimate the 

increased cost of lowering the sulfur content of off-road diesel fuel to 0.05% in June 2007. The 

EPA’s estimated increase in the cost of diesel for the East and Gulf Coasts was approximately 

5%. 

The Department understands that, while the emissions standards in the proposed regulation 

demand technological improvement, generators are available now that are capable of meeting the 

proposed nitrogen oxides standards for new distributed generators. The development of the RAP 

Model Rule focused on this issue and involved an extensive review of available distributed 

generator technologies and standards applied by other regulatory agencies, including information 

available from the U.S. Department of Energy and the California Air Resources Board. The 

three-step phase-in of the nitrogen oxide standards in the RAP Model Rule was also developed to 

address the technological challenges of distributed generator manufacturers and provides specific 

Page 10 of 16 
emission levels and time goals to focus technological improvement. An increase in the number 

of generators capable of operating in compliance with the proposed emissions standards is likely, 

in part due to the incentive created by similar state regulations based on the RAP Model Rule 

under development, or finalized, in the Mid-Atlantic and Northeastern U.S. Finally, the level of 

the proposed standards received detailed consideration in both the RAP Model Rule development 

and the development of Regulation No. 1144; the standards were developed to strike a balance 

among the need for air quality maintenance and improvement, electric supply considerations and 

emissions from current and developing distributed generator technology and control equipment. 

The proposed regulation requires generator owners to keep very minimal records related to 

operating hours, fuel use, and fuel specifications. Records of monthly and yearly operating 

hours for the entire universe of generators is considered to be very beneficial information that 

will assist AQM to better understand how often emergency or distributed generators are used. 

Further, records of monthly and yearly fuel usage will help AQM estimate the emissions from 

generators, especially during the summer ozone season, but also year-round for particulate 

matter. These records will help AQM better estimate the total impact of generator emissions on 

Delaware’s air quality, and will help the Department judge the performance of the Regulation in 

the future.. However, the proposed regulation does not require generator owners to submit any 

records on a set schedule, but only retain such records and supply these records when requested 

by the Department. 

Thus, it is the Department’s response that the proposed regulation not be revised as a result of the 

comment above. 

Comment 10: Mr. Jann comments that “the proposed regulation is applicable to all stationary 

generators, both new and existing, with no lower size applicability limit (deminimis).” He 

continues to state that “the extremely low emission limits combined with the lack of emission 

limit differentiation based on age and capacity will impose unattainable and unjustified 

limitations on sources, essentially eliminating the ability to use stationary generators in any 

manner other than as emergency generators.” Mr. Jann suggests, “Should this regulation 

proceed, the emission limits should be modified to more reasonably attainable levels with 

recognition of the capabilities of controlling smaller and older units.” 

Response 10: The emissions standards applicable to new distributed generators proposed in 

Section 3.2.2.1 are technically and economically feasible. The emissions standards for these 

generators can be met by advanced, lean-burn natural gas engines without aftertreatment and also 

by rich-burn natural gas engines and diesel-fueled engines with the addition of NOx 

aftertreatment. In addition, the standards proposed for 2008 and 2012 require emissions 

reductions which are in line with industry research and technology development goals that will 

reduce emissions and improve efficiency in an economically feasible manner. The emissions 

standards also are in alignment with recently proposed or finalized emissions standards for nonemergency generators in other states. For example, Pennsylvania recently adopted NOx 

emissions standards for large stationary engines in non-attainment areas. Pennsylvania Chapters 

129 and 145 establish allowable NOx emissions levels for large gaseous-fueled, spark-ignited 

engines of 9 lb/MWh, and 7 lb/MWh for diesel-fueled engines. In addition, under a recently 

proposed general permit standard for diesel-fueled engines that do not need a permit, NOx 

Page 11 of 16 
emissions from such engines would have to achieve an 80% reduction if the engines exceeded a 

certain amount of operating hours per year. Also, under a currently proposed regulation in the 

State of New Jersey, NOx standards for reciprocating engines would be established at 2.2 

lb/MWh. Both Connecticut and Maine have recently adopted similar regulations based on the 

Regulatory Assistance Project’s Model Rule, as is Delaware’s proposed regulation, which have 

NOx standards for new distributed generators of 0.6 lb/MWh and 4.0 lb/MWh, respectively 

(compared to 2.2 lb/MWh in the proposed regulation). The proposed regulation does include the 

4.0 lb/MWh NOx standard, but it applies to existing, distributed generators. The EPA estimates 

that uncontrolled diesel engines emit NOx at a rate of about 32-42 lb/MWh, which is higher than 

that for uncontrolled gaseous engines. This means that an existing, distributed, diesel generator 

would have to achieve an approximate 90% reduction in NOx to meet the standard in the 

proposed regulation. Technology such as SCR can achieve this 90% reduction, and is presently 

being used on a wide range of engine applications to reduce their emissions. 

The comment that the regulation has “no lower size applicability limit,” is not accurate. Section 

1.2.1.4 clearly includes an exemption from the proposed regulation for “a generator with a 

standby power rating of 10 kW or less.” 

Thus, it is the Department’s response that the emissions standards of the proposed regulation 

should not be revised, nor should the de minimis applicability limit of 10 kW be revised. 

Comment 11: “DuPont also strongly disagrees with the precedent-setting inclusion of carbon 

dioxide (CO2) as a regulated pollutant as part of the emission standards proposed in this 

regulation. DuPont strongly recommends that DNREC delete the carbon dioxide performance 

standard contained in this proposed regulation....” 

Response 11: See Response 2, above, regarding the Department’s response to comments 

concerning CO2. 

Comment 12: Mr. Jann comments, “Paragraph 5.2 of the proposed regulation requires no more 

than ten grains total sulfur per 100 dry standard cubic feet [for gaseous fuels combusted in a 

generator]. This provision should be revised to exempt units firing pipeline quality natural gas. 

Generator owners/operators have no control over the sulfur level of pipeline quality natural gas. 

This provision should only apply for gaseous fuels other than pipeline quality natural gas.” 

Response 12: In prior discussions with a local gas company in Dover, DE, AQM staff was 

informed that the proposed sulfur content limit for gaseous fuels is absolutely achievable. In 

fact, it was suggested by the gas company that a more appropriate, and still achievable, sulfur 

content limit for gaseous fuels would be 1.0 grain total sulfur per 100 dry standard cubic feet. 

“Pipeline natural gas” is defined in 40 CFR 72.2 as having “0.5 grains or less of total sulfur per 

100 standard cubic feet.” It is true that generator owners have no control of the sulfur level of 

pipeline quality natural gas which they may be using to operate their generators, but the sulfur 

level in pipeline natural gas is, by definition, well below the propose standard of 10 grains total 

sulfur per 100 dry standard cubic feet. Thus, it is the Department’s response that Section 5.2 of 

the proposed regulation should not be revised. 

Page 12 of 16 
Comment 13: Mr. Jann comments, “In addition, waste, landfill, or digester gases are required to 

contain less than 1.5 grains of hydrogen sulfide per 100 dscf or 30 grains total sulfur compounds 

per 100 dscf. Any emission limits should be established with flexibility to allow constructive use 

of these nonfossil energy sources without requiring expensive gas cleanup systems prior to 

combustion. 

Response 13: The commenter probably was reviewing a prior draft and not the proposed 

regulation when making this comment. Section 5.3 of the proposed regulation states that waste, 

landfill, or digester gases combusted in a generator shall contain no more than 10 grains total 

sulfur per 100 dry standard cubic feet, which is the same standard proposed in Section 5.2 for all 

other gaseous fuels. However, Section 5.3 of the proposed regulation states that “an alternative 

total sulfur limit for waste, landfill, or digester gases shall be allowed based upon a case-by-case 

determination.” 

The Department recognizes that waste gas streams may not provide high quality fuels with 

consistent compositions that are characteristic of pipeline natural gas. Waste gas fuels are highly 

variable and can include numerous contaminants; however, sulfur abatement systems are 

available which can reduce the sulfur content of landfill gas by removing hydrogen sulfide 

(H2S). Although sulfur abatement systems are available, the Department does not believe the 

removal of sulfur in landfill gas must be the limiting factor in the environmentally preferable 

practice of using waste gas streams as fuel. Thus, it is the Department’s response that Section 

5.3 of the proposed regulation should not be revised, since the proposal allows for an alternate 

sulfur content of waste fuels, based upon a case-by-case need. 

Comment 14: Mr. Jann comments that Section 8.3 of the proposed regulation could “drive [the] 

installation of renewable generation in locations that are non-optimum for those technologies. 

Efforts should focus on installation of those resources in locations that can enhance their output 

rather than on locations that are procedurally expedient.” 

Response 14: Non-emitting resources (or renewable energy technologies), such as wind and 

solar energy, are constantly replenished and will never run out. Non-emitting resources prevent 

pollution by displacing the use of fossil fuels to provide energy. They also do not just reduce 

emissions from one pollutant or class of pollutants – they displace all emissions associated with 

the displaced energy generation, including nitrogen oxides, sulfur dioxide, mercury and other 

metals, carbon monoxide, and carbon dioxide. On-site non-emitting resources can also provide 

significant energy cost savings at the point of installation, especially for the end-use consumer. 

While a generator owner may install a non-emitting resource because it is “expedient” to do so, 

the benefits listed above will still be realized. Reducing pollution and the use of fossil fuels to 

provide energy benefits everyone, regardless of how large or small the project is. Thus it is the 

Department’s response that Section 8.3 of the proposed regulation should not be revised. 

Commenter: Andrew R. Vahey; Delmarva Power & Light (DP&L); August 31, 2005 

Comment 15: “DP&L asks that the Department also exempt Mobile generators in times of 

emergency generation in Reg. 1102 as well. The Department should clarify that mobile 

Page 13 of 16 
generators, regardless of standby power rating should be exempt from Reg. 1102 permitting.” 

Response 15: Regulation No. 1102, “Permits,” establishes the procedures that satisfy the 

requirement of 7 Del. C. Chapter 60 to report and obtain approval of equipment which has the 

potential to discharge air contaminants into the atmosphere. Regulation No. 1101, “Definitions 

and Administrative Principles,” defines those “stationary sources” which are subject to 

permitting as: 

“any fixed building, structure, facility, installation, equipment or any motor 

vehicle, waterborne craft, aircraft or diesel locomotive deposited, parked, moored, 

or otherwise remaining temporarily in place, which emits or may emit any air 

contaminant.” 

As defined, a mobile generator would be considered a stationary source and be subject to the 

permitting requirements of Regulation No. 1102. The proposed amendments to Regulation No. 

1102 clarify the permitting requirements for stationary generators, in part by exempting a 

potentially large number of generators from requiring a permit to be constructed or operated. It 

is imperative to understand that the reference to a stationary generator in the proposed 

amendments is referring to a stationary generator as defined in the proposed Regulation No. 

1144. Even though these generators are not required to have a permit, they must still comply 

with all applicable requirements of the proposed Regulation No. 1144, or any other application 

regulations. The proposed amendments to Regulation No. 1102 also exempt any internal 

combustion fuel burning equipment, which is not a stationary generator, from requiring a permit 

if its engine is rated at 450 hp or less. This proposed provision (hh.) would allow a mobile 

generator to be constructed or operated without a permit, if its engine size is small enough. 

Additionally, this latter provision does not specify that the internal combustion equipment be 

used for emergency or non-emergency purposes, so it would apply to equipment regardless of 

the use. Thus, it is the Department’s response that the proposed amendments to Regulation No. 

1102 not be revised since they will allow various mobile generators to be exempt from the 

permitting requirements of Regulation No. 1102. 

Comment 16: “Given the...constraints [related to verifying a generators emissions under 

Section 7.3, which DP&L outlines in its letter], DP&L believes that a registration time extension 

of six months from the effective date of the Regulation (in lieu of the three months prescribed in 

the Proposal) is warranted for existing emergency generators.” 

Response 16: In regards to the comment about the “registration information” that is required by 

Section 7.3 of the proposed regulation; this information is actually required to be submitted to 

the Department for compliance purposes, not for registration purposes. The various types of data 

or information listed in Section 7.3 are examples of materials which may be submitted to the 

Department for generator owners to verify that their generators are compliant with the proposed 

regulation. This information must be submitted by the applicable compliance date listed in 

Section 1.3 of the proposed regulation, which for existing, emergency generators is within three 

months after the effective date. As it was noted in Response 7 above, the regulation development 

process began in July 2003, and the Department has provided potentially affected sources with 

extensive notifications about the regulation development process and about the potential 

requirements of the proposed regulation. Existing, emergency generators owners have had 

sufficient time to begin evaluating their generators in order to verify their compliance with the 

Page 14 of 16 
requirements of the proposed regulation once it is finalized. Regarding the specific “constraints” 

detailed in the comments which a business may face in gathering data to verify a generator’s 

compliance: 

•	 businesses likely have an adequate existing database of equipment such as 

generators; 

•	 Response 17, below, details the reasons why it behooves generator owners to 

have non-resettable hour meters installed, and how simply they are to procure 

and install; and 

•	 diesel fuel with a sulfur content of 0.05% (and even much lower) is readily 

available, and the proposed regulation provides ample time for a business to 

procure a new supply, if necessary. 

Thus, it is the Department’s response, that the compliance date for existing, emergency 

generators in the proposed regulation not be revised. 

Comment 17: “DP&L also request that the use of existing emergency generators not equipped 

with a non-resettable hour meters remain permissible provided that a thorough run-time logbook 

is maintained in lieu of a non-resettable hour meter.” 

Response 17: Section 6.1.2 of the proposed regulation specifies that a generator owner shall 

record its monthly and yearly operating hours. Section 6.1.2 stipulates that a non-resettable hour 

metering device be used to accomplish this recordkeeping, in order to help owners keep track of 

the hours of operation for their generators. Instead of having to remember the startup and 

shutdown times of a generator and adding up all of the hours in a month, an owner would only 

have to look at the hour meter and subtract the previous month’s total from the current month’s 

total in order to determine the actual hours of operation for the current month. The requirement 

for the hour meter to be “non-resettable” is also beneficial to the owner in that it eliminates the 

possibility of the hour meter being accidentally reset and ensures that the operating hours are 

continuously being totaled. Owners can certainly choose to install a “non-resettable” hour meter 

in addition to a resettable one to satisfy this requirement. 

After researching the specifications of new generators and speaking with various generator 

manufacturers, it has been determined that most new, and recently manufactured, generators 

have an hour metering device installed by the manufacturer. If not, an hour metering device can 

be easily installed on a generator, and can be obtained through suppliers or distributors of 

generators or through local parts stores for on-road or off-road vehicles. These aftermarket hour 

meters are easy to install, even by the average homeowner, and can be installed on most types of 

engines. As for the cost of the hour metering device, it has been found that the typical price of 

an analog hour meter is less than $50. Thus, it is the Department’s response that Section 6.1.2 of 

the proposed regulation not be revised. 

Comment 18: “DP&L does not believe that the Department has the authority to regulate CO2 

emissions from such facilities. Based upon the above provided information [outlined in DP&L’s 

letter] DP&L respectfully requests that DNREC withdraw the proposed regulation of CO2 

emissions from this Proposal.” 

Response 18: See Response 2, above, regarding the Department’s response to comments 

Page 15 of 16 
concerning CO2. 

Comment 19: “DP&L requests that the definition [of “emergency”] be revised to clearly reflect 

the intent of the regulation to allow the owner of the electric grid to be included in the definition 

of “Emergency,” and that such owner is entitled to any exemptions under proposed Reg. 1144.” 

Response 19: The definition of “emergency” in Section 2.0 of the proposed regulation defines 

the various scenarios which qualify as an emergency, and therefore, when an emergency 

generator may be operated. An “emergency generator” is defined as a stationary generator 

which is only used for emergency, testing, or maintenance purposes. Section 4.1 of the proposed 

regulations allows an emergency generator to operate for an unlimited number of hours during an 

emergency. No parts of these definitions or sections indicate that only specific generator owners 

may operate their generators during an emergency. The Department recognizes the need for 

emergency generators when there are power outages due to various “unintentional” reasons. 

Regardless of whom the generator owner may be, the Department is not intending to restrict their 

primary function of providing emergency, backup power during these occasions. Again, it is 

imperative to understand that the installation of an emergency generator is to avoid financial 

loss, not to provide financial gain. Thus, it is the Department’s response that the definition of 

“emergency” in the proposed regulation not be revised. 

Page 16 of 16