O F FIC E O F TH E S EC R E TARY STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL 89 KINGS HIGHWAY DOVER, DELAWARE 1990 I 

### November 1, 2007 PHON E : ( 302 ) 739·9000 FAX: ( 302) 739·6242



### Mr. DonaldS. Welsh (3RAOO) Regional Admini strator 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 Main tenance o f the National Ambient Air Quality Standards for O z one . The rev i sion add s a new regulati on , 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 generato r, except the owner of any: mobile generator ; residential generator for emergency use only; certain generators whose emi ss ions are already well controlled; or generators with a s tandby power rating of 10 kW or less. The amendments to Regulation No

. 1 1 02 

### 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 wa s brought to our attention by your Air Quality Planning Branch, th at this had not been received by Region 

### ill

. The requirements of the CAA Section 110(a)(2)(A) have been met through the normal publ ic 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 Delawa re that all minimum requirements set forth in the 1990 Cl ean Air Act Amendments have been met. We look forward 

### to continuing the cooperative effort between Delaware and 

### EPA in thi s important work. As always, feel free to contact me or Ali Mirzakhalili, Administrator, (302) 739-9 4 02, 

### 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 establ ishes 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 s hall 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) or2.1(b), the person shall submit t o 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, subm it 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 contamina nt 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

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### 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 A A @of this regulation. d. For operation, any equipment or air contaminant control device that i s 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 eff ect 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 iss ued 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, i nstallation, 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 A **Regulations 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 app lication/registration shall

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### 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 subm itted incorrect information to the Department shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or correct information. The sign ature 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 cer tified 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 operat ing permit for violation of any permit condition or violation of this or any other applicable rule or regulation of the Depa rtment 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

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### 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

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### 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 i n 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: A I 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

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### administrative permit amendment process specified in Regulation No. 30. 10.5 A source category permit may be valid for an i ndefinite 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 dista nce 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, includi ng 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: A I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. @

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### 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 A applicable requirement @and A covered source @retain the meanings accorded to them in Regulation No. 30.
B. Certification by the responsible official that the source will meet all app licable 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.

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### 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: A I 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

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### iii. Deny the request for approval to operate. 11.6 No permit shall be issued by the Department un less 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
A **Regulations G overning 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.

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### 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 ye ars 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 Sect ion 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 app lication 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 pub lic 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,

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### 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 applic ation 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):

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### 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 A affected 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 A applicable 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 th e 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 thereaf ter 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 rea sonable 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 obj ection 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 A**A**@ (For the applicability of Appendix A A @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, A Restriction 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 gasand 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 nitroge n, 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 70 o 

### 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 onlyduring 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 18REGULAT I O N N O. 2
PERM I TS

06/01/97 Secti on 1

- Gene r al P r o visi on s 1

. 1 This r egulat i o n es t ablishes t h e p r ocedu r es that sati sfy t he r equi r e m en t o f 7 Del

. C

. Chap t e r 60 t o r epo rt and ob t a i n appro val o f equipm en t whic h has the po t ential t o disc h arge air c ontami n ants i nt o t h e a t mosp h e r e , and , fo r c ons t r u ction or mo d if i cation ac t ivi t ies not subjec t to R egu l ation N o . 2 5 , the p r oc edu r es that sa t i s f y th e req u i re m e n t o f 40 CFR Pa r t 5 1 Subpa r t I (July 7 , 1 994 editi on ) and Secti on 110 (a) (2) (C) o f the fede r al clean ai r act (CAA) as amended N o vembe r 1 5 , 1 990

. 1

. 2 This r egulat ion establishes p r oce d u r es th a t enable a pe r s on t o , as an o pti on , secu r e fede r ally e n f orceab l e te r ms and c on diti on s in a pe r mit issued pu r suant to this r egulation

. 1

. 3 This r egulat ion es t ab li s h es p r o cedu r es t hat e n ab l e a pe r son s u bjec t to b oth this r egulati on and to Regulati on N o . 30 to , as an option , t r ansfe r the t er m

s an d condi t io n s o f a const r uc t i on per m

i t i ssued p u rsua n t t o th i s r egulati on into a Reg u l a t i o n N o . 30 o pe r ating pe r mit via the administ r ative pe r mit amendment p r oc ess specified in Regulati on N o . 30

. 1

. 4 Within sixty (60) calenda r days o f r eceipt o f a w r itten r equest by the Depa r tment , a n ow n er o r ope r a t o r o f an ex i s t i n g fac ili ty , e q uipmen t , o r ai r con t ami n an t con t r ol device which emi t s o r cau ses t o be emi t ted any air c ontaminant shall submit to the Depa r tment any r elevant inf o r mation that the Depa r tment may r equest
. Relevant info r mation includes inf o r mation that , i n t he Departm ents opinion , is r elevant t o any pe r mit application/ r egist r ation o r th a t i s necessa r y t o dete r mine the applicabili t y o f o r co m pliance with a n y Stat e o r Fede r a l r equi r emen t , a ny pe r mit t er m o r condition , o r any co n d i t i o n of r egist r ati on . Such info rm ati on a l so incl u des a per m

it app li cation o r a r eg i s t r atio n form, or a co r r ecte d o r supp l eme n ted app l ication/regis t r a t io n . Th is p r ovi sion does not li m i t th e applicabili t y of , no r d o es i t sanc t i o n noncompliance with the r equi r ements of Section 2

. 1 o f this r egulati on . 1

. 5 Any approva l gra nt ed by t he Depa r tment pu r suant t o th i s Regulat ion , and any exe m p t i o n f r om th e r e q ui r emen t s o f th i s Regulat ion p r o vided f or in Secti on 2

. 2 shall not r elieve an o wne r o r o pe r ato r o f the r esp on sibility o f complying with applicable local , State , and Fede r al laws and r egulati on s .
06/01/97 Section 2

- Applicability 2

. 1 Excep t as exe m pted in Section 2

. 2 , no person s h all i ni ti a t e const r uc t io n , install , alte r o r initiate o pe r ati on o f any equipment o r facility o r ai r c ontaminant c ont r ol device which will emit o r p r event the emissi on o f an ai r co nt a m i nant pri or t o r eceiving app r o val o f h i s app li ca t i o n f r om the Depa r tment o r, if eligible , p r i o r to submitting to the Depa r tment a c om pleted r egist r ation f o r m .
a . Fo r e q uipmen t that mee t s a ll applicable standa r d (s) specified in Sec t i o n 11

. 8 (a)

Reg

. N o . 2 - Page 1 emissi on and (b) ra t e(s) with out and/ o r an ai rco n taminan t co n trol dev i ce , and that meets the f ol l ow i ng condi tions , the pe r son sha ll submit to t he Depa r tment a reg i s t ra ti o n fo r m pu r suant to Section 9 of this r egulation

. i . Fo r equipment without an ai r contaminant cont r ol device , the equipment has ac t ual emissions t o t he atmosphe r e o f any ai r contaminant (s) , in the agg r egat e , d u r ing any day t ha t a r e equal t o or grea t er t ha n 0

. 2 poun d pe r day and , du r ing each and every day , t hat are l ess t ha n t en (10) po u nds per day ; and ii . Fo r equipment with an a i r con t aminan t cont r ol dev i ce , the equipment has actual emissions to the inl et of the ai r contaminant cont r ol device of any ai r contaminant(s) , in the agg r egate , d u r ing a n y day t hat a r e equal t o o r g r eat e r than 0

. 2 po und pe r day and , du r ing each a n d every day , t hat a r e less than ten (10) pounds pe r day ; and iii

. Regulation N o . 2 5 does not apply

. b . Fo r equ ipmen t, a faci lit y o r a n ai r con t aminant con t rol device that is not sub j ect to Section 2

. 1(a) a n d t ha t i s sub j ect to a sou r ce catego r y pe r mi t, t he pe r son shall submi t to t he Departm e nt an application fo r a sou r ce catego r y pe r mit pu r suant to Section 10 of this r egulation

. A list of established sou r ce catego r y pe r mits is available f r om the Depa r tment
.
c . Fo r equ ipmen t, a faci lit y o r a n ai r con t aminant con t rol device tha t is no t subjec t t o Sec ti on 2

. 1 (a) o r 2

. 1(b) , t he pe r so n shall s ubm it to t he Depa r tmen t an appl i cat io n fo r a pe rmi t p ur s u an t t o Sec t io n 1 1 of this r egulation

. d

. Any person who ope r a t es equipm e n t , a f aci l i t y o r an a ir contami na nt con tr o l device in accordance w i th a valid pe rmi t i ssued p ur sua n t t o Sec t io n 2

. 1 (c) of t his regula ti on , a n d who lat e r becom es sub j ect t o a sou r ce catego r y pe r mit : i

. May , a t any tim e , submi t t o the Depa rtmen t an application for a sou r ce ca t egory pe r mit pursuan t t o Section 1 0 o f this r egulation ; and ii

. Shall , within sixty (60) calenda r days of r eceipt of w r itten r equest f r om the Depa r tment , submit to the Depa r tment an application fo r a sou r ce catego r y pe r mit pu r suant to Section 10 of this r egulation

. 2

. 2 P r ovided t hat Reg ul a ti on No

. 2 5 does n o t apply , a pe r mi t for i n s t al l a ti on , al t e r a ti on , o r operatio n p ur s u a n t t o t his reg u lat io n shal l n o t be r equ ired fo r t he following eq ui p m e nt o r ai r con t aminan t con tr ol dev i ce . N ote howeve r that othe r State and Fede r al r equi r ements may apply

.
a . Equipm ent wi t ho u t an a i r con t a mi nan t con t rol device t hat has actua l emissions t o t he atmosphe r e of any ai r con t aminan t (s) , in the agg r egate , d u r ing each a n d every day t hat a r e less t han 0

. 2 pound pe r day , p r ovided that : i

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

. Records a r e m a i ntained at t he f aci li ty and a r e m ade avail ab l e to the Depa r tment upon r equest which document that the

R

eg . N o . 2 - Page 2equipment qualifies f o r this exempti on . b

. Equipment wi t h a n ai r con t aminan t co n t ro l device t hat has actual emiss i ons t o t he inle t of the a ir co n tami nan t con t r ol dev i ce o f a n y air con t ami n an t (s) , i n t he agg r egat e , d ur i n g each and eve r y day t hat a r e less than 0

. 2 p oun d pe r day , p r o vided that : i

. The actual emissi on s a r e quantified and d ocumented ; and ii

. Records a r e m a i ntaine d at t he f aci li ty and a r e m ade ava il ab l e to the Depa r tment upon r equest which d ocument that the equipment qualifies f o r this exem p ti on .
c . The equipment listed in Appendix "A" of t his r egulat ion

. d . Fo r operation , any equi pmen t or ai r c on t aminant con t rol devi ce tha t is specif i call y iden t ified i n an operati on permi t i ss u ed p ur s u an t t o Regulati on N o . 30

.
e . Equipment t hat i s r egiste r ed pu r suan t t o Secti on 9 o f this r egulati on . 

### 2

. 3 Any perso n who opera t es fuel bu r ning eq ui p m e n t which uses onl y natu r al gas , LP gas , or oth e r desulfu riz ed fu el gas a nd has a rated heat input o f less than 100 million BTUs pe r hou r, o r any oth e r equipment , that was exempted f r om the re qu ireme n t to have a per mi t by Regulati on No

. 2 , Sec t ion 3

. 1 (as in e f fect i mmedi a t ely p r ecedi n g t he e f fective da t e of t his r egulati on ) , o r wh o o pe r ates a piece o f equipment , a facility , o r an ai r c on taminan t co n t r ol dev i ce i n acc o r d a nce wi t h a val i d pe r mi t o r le t t e r o f exe m p t ion t hat was i ssued by t he D e partment prior t o M ay 1 , 199 7 , a n d who , with regard t o t ha t specific equipmen t, facility , or ai r c ontaminant c ont r ol device , is no w sub j ect to Secti o n 

### 2

. 1 o f this r egulati on :

a . May , a t any time, submi t to t h e Departme n t a r eg i st r a t ion fo rm o r a pe r mit applicati on pu r suant to Secti on 

### 2

. 1 ; and b. Shall , wi t hin six t y (60) ca l e n da r days of r eceip t o f a w r itten r equest fr o m t he Depa rtm ent , sub m

i t t o t he Depa r t men t a reg i s t r a t io n f o r m o r a pe r mit applicati on pu r suant to Secti on 

### 2

. 1 ; and

c . Sh a ll n ot ini t i ate co n s t r uc t io n, ins t allat ion , o r al t e r a ti on o f t he equipment , facility o r ai r c ontaminant c ont r ol device p r i o r to complying wi t h Sec t i o n 

### 2

. 1 o f t his r egulati on (i

. e ., pri or to r eceiving app r oval of his applicat ion f ro m the Depa rt men t or , if eligible , p r io r to submi tt ing t o t he Depa r tment a c om pleted r egist r ation f o r m)

. 2

. 4 Any pe r son m a y pe t i t ion t he Depa r tment t o establish a so u rce categ o r y pe r mit . The pe t i t i o n a n d , if app r ove d , t he es t ablishmen t of t he s ou r ce categ o r y pe r mit shall be pu r suant to the p r oc edu r es in Regulati on N o . 30 o f t he S t a t e o f Delawa r e " Regulations Governing the Control of Air Pollution. " 06/01/97 Section 3

- Applicati on/ Regist r ati on P r epa r ed by Inte r ested Pa r ty 3

. 1 Any applicat ion/ r egis tr a t ion f o r m submi tt ed to t he Depa r tment , or any r equest f o r the re m ova l o f a n y per mi t o r r egist r ati on , shall be made by the o wne r or lessee of the equip m

e n t , faci l i t y , o r air con t ami n a n t c on t r o l



### R

e g. N o . 2 - 

### Pa g e 3

### device o r by his agent
. If the applicant/ r egist r ant is a pa r tne r ship o r group o t h er th an a c o rp o ra tion , t he app l icati on/ r egis t r a t ion shal l be made by on e individual wh o is a member o f th e g r ou p . If the applicant/reg i s t r an t i s a co rp oration , the app li cati on/ regist r a t i on shall be ma de by an appropriat e r ep r esentative o f t he co r p o r ati on . The applicati on/ r egist r ati on form shall be filed wi t h the A i r Quality Management Secti on o f the Divisi on o f Ai r and Waste Management

. 3

. 2 Each applicat i on form shall be signed by the applican t and ce rti fied by a p r o fessi on al enginee r as t o the accu r acy o f the technical inf o r mation conce r ning th e equipment , appa r atus or de sign featu r es con t a i ne d in the applicati on , p l us plans and o t her pape r s subm i tt ed

. Any app li can t who fails t o submi t any re l evan t f acts o r who submi t ted inco r rec t inf o rma tio n to t he Depart me nt shall , upon bec oming awa r e o f such fa i lure o r inco rr ect submittal , p r omptly submi t such supplemen t ary fac t s o r c o rr ect in f o r mat ion

. The s i gnat u re of t he applicant shal l cons ti tu t e an agreemen t that t he applicant will assume res pons i bili t y f o r th e installati on , alte r ati on o r use of t he equipment o r appara tu s concerned in accordance with the r equi r ements o f this Regulati o n . 3

. 3 Each regis t rat i on form shall be signed and ce rt i fied by the r eg i strant as to t he accuracy o f t he t echni ca l inf o r mation conce r ning th e equipment, appa r atus o r des i gn featu r es con t ained i n the regis t rat ion

. Any r egist r ant wh o f a il s t o submi t any r elevant f ac t s or who submitted inco r rec t i nformat i o n to t he Depa rtme n t shall, up o n becoming aware of such failu r e o r inc o rr ect submittal , p r omptly submit such supplementa r y facts o r correct in f o r mat ion

. The s i gnature of t he r eg i strant s hall c o ns t itu t e an agreemen t th a t the regis t ran t will assume re sponsibili t y f or the ins t al l ation, al t erati on o r use o f the equ i pment o r apparat us c o ncerned in acc o r dance with the r equi r ements of this Regulati on . 06/01/97 Secti on 4

- Cancellation o f Con st r uction Pe r mits 4

. 1 The Departm en t may cancel a c on st r ucti on permi t if the i nsta ll a t i on o r alte r ati o n is not begun or if t he w o r k i nvo l ved in i nsta ll a t i on o r alte r ati on is not c om pleted within the time limits specified in the pe r mit

.
06/01/97 Secti on 5

- Acti on on Applicati on s 5

. 1 If an applicat ion i s disapp r o ved, the Depart men t sha ll se t f o r th its o b j ecti on s in the n ot ice o f disapp r o val

. 5

. 2 U p on gran t i ng wri tt en app r o val f or ope rat ion, the Departm en t shall give no t ice o f such approva l to any pe r son who has submitt ed a w r i t t en reques t f o r such notice

. 06/01/97 Secti on 6

- Denial , Suspensi on o r Revo cati on o f Ope r ating Pe r mits 6

. 1 In the event the Depa r tment denies a r equest f o r app r o val o f a pe r mit to o pe r ate any equ i pmen t, facili t y, o r device f o r wh i ch an applicat ion was made , t he app li can t shall not c ommence ope rat ion until such t i me that approval has been ob t a i ned from the Depa r tmen t o r a permit t o ope r a t e has been issued by the Depa r tment
.

Reg . N o . 2 - Page 46

. 2 The Depa r t men t may s u spend o r revoke an ope ra ti ng pe r mi t for viola ti on o f any permit co n dition or violat i on o f th i s o r any o t he r app l icab l e ru le or r egulati on of t he Depa rtme n t o r any law a dmi n i s t e r ed by t he Department and may take such oth e r actions as it dee m s ne cessary . Pe r mit te r m(s) and condition(s) which were not iden t ified under Section 11

. 2(i) a n d which were n ot subje ct to p u b l ic part i cipati o n unde r Sec ti on 12

. 3, and/ o r which d o n o t o th erw i se co n f or m t o th e requi reme n t s of t his re gulat ion, may be deemed not fede r ally enf o r ceable by the Administ r ato r o f the EPA

. 6

. 3 Suspension o r r evocat i on o f an o pe r ating pe r mit shall bec ome final immediately u po n se rvi ce of no t ice on the h o l der o f t he pe rmi t , unless oth e r wise stated in the notice o f suspension o r r evocat i on . 06/01/97 Section 7

- T r ansfe r o f Pe r mit/Regist r ation P r ohibited 7

. 1 N o pers on shall t ra n s f er a per m

i t f r om on e location to anothe r, o r f r om on e piece o f equipmen t to ano t he r. N o pe r son shall transfer a pe r m i t fr o m on e perso n t o ano t her person unless thi r ty (30) da y s wri tt en no t ice is given t o th e Depa r t men t , i n d i ca t i ng the t ra nsfe r is agreeable t o b oth pe r sons , a n d approval of such t r ansfe r is ob t a i ne d i n wri t i ng from the Depa r tment
. 7

. 2 N o pe r son shall t r ansfe r a r egist r ation f r om on e location to anothe r , o r f r om on e piece o f equipment to a n o the r . No pe r son shall t r ansfe r a r eg i s t r atio n from o ne pe r son t o anothe r perso n unless pri o r wri t t en no t ice is given to the Depa r tment , indicating the t r ansfe r is ag r eeable to b oth pe r sons . 06/01/97 Section 8

- Availability o f Pe r mit/Regist r ation 8

. 1 Any per m

i t a n d a ny reg i s t ra t i o n f or m shall be available on t he p r emises whe r e t he cons t ru c t ion, a l t era t i on , installati on , o r opera t i o n activity takes place

. 06/01/9 7 Section 9

- Regist r ation Sub mittal 9

. 1 Any pe r son identified in Secti on 2

. 1 (a) shall r egiste r the piece o f equipment with the Depa r tment on f o r ms fu r nished by the Depa r tment
. 9

. 2 A pe r son s h a l l regi s t er w i th the Depa r t men t Depa r tment a completed r egist r ation f o r m that is identified in Sec t i o n 3

. 1

. Regist r ation forms Depa r tment upon r equest
. The r egist r ation shall f ollo wing : by submi tt ing t o the ce r tified by the pe r son a r e available f ro m the consist o f at least the

a . A desc r ipti on o f the equipment cove r ed by the r egist r ation ; and b

. A description o f the n a t u re and qua ntifi cat ion o f the amoun t of t he emissi on f r om the equipment ; and

c . A demons t ra t ion t h a t the equ i pment mee t s t he emi ss i on r a t e(s) and/or standard(s) specified i n Sec t ion 11

. 8(a) and (b) of t hi s regu l atio n with out an ai r contaminant cont r ol device

. 9

. 3 Immediately afte r submitting to the Depa r tment the inf o r mation specified in Sec t ion 9

. 2 o f t his reg u l a t i o n the re gis t ra n t m a y initiate

Reg

. N o . 2 - Page 5const r uction , install , alte r o r initiate o pe r ati on o f the equipment

.
a . The regi st r an t shall m a i n t ain re cords at t he f acil i ty wh i ch d oc ume n t that t he equipment meets t he req u i re ment s o f Sec t ion 2

. 1 (a) , and shall make such r ec o r ds available to the Depa r tment upon r equest
. b

. If a t any r equirement s immediately secu r ed

. t i me th e r egiste r ed equipment d oes n o t meet the o f Sec ti on 2

. 1 ( a) , op e r ation of sai d equ i pment s h al l be disc ont inued un t il all nece ssary permi t s have been

c . If at any time the Departm ent de t erm i ne s that the r egiste r ed equipment d oes n o t meet the requireme n t s o f Sec t ion 2

. 1 (a) , a vi ol ati on o f this r egulati on may have oc cu rr ed and enf o r cement action may ensue . 9 .4 The s ubmi tt a l of a reg i st ra t ion f o r m d oes no t relieve t he regi s t r an t from the r equi r ement to c om ply with all State and Fede r al r equi r ements
. Such r equi r ements include , but a r e not limited to , monito r ing , r ec o r d keeping and r ep o r ting r equi r ements , any r equi r ement to c ons ide r actual emissi ons and/o r th e po t en t i a l t o emi t of all equ i p ment when de t ermining the applicability of and/ o r compliance with ce r t ain State a n d Fede r al r equirement s , a nd any requi remen t to revise a Regu l atio n N o . 30 permi t if r equi r ed to d o so by that r egulati on . 9

. 5 A pe r so n may , in lie u o f s ubm it t ing t o t he Depart me n t a reg i s t ra t ion fo r m , elect to :

a . Apply f or a pe r mit pursuan t t o Sec t ion 2

. 1 (b) or 2

. 1 (c) of this r egulati on , as applicab le

. b

. Submi t t o t he Depa rt men t all o f t he i nforma ti on requ i re d by Sectio n 9

. 2(a) and (b)

. In s uch a case the r egist r ant shall not commence const r uction/ope r ation until w r itten app r o val is o btained f r om the Depa r tment
. 06/01/9 7 Section 10

- Sou r ce Catego r y Pe r mit Applicati on 10

. 1 Any person iden t ified i n Sec ti o n 2

. 1(b) shall s ubmit t o the Depa r tme n t a n application re q ue s t ing a s o urce category permi t on f o rms furnished b y t he Depa r tment
. 10

. 2 The application r equesting a sou r ce catego r y pe r mit shall include all o f the f ollo wing :

a . Al l of the info r mation cal led fo r by the sou rce cat ego r y appl i cat ion f o r m . Sou r ce ca t egory application f o r ms a r e available f r om the Depa r tment upon r equest
. b

. Ce r tification b y t he pers on iden t ified in Section 3

. 1 t hat the sou r ce w ill comply w i th all o f th e t erms and condi t i o n s of the sou r ce catego r y pe r mit

.
c . Fo r facilities sub j ect to Regulation N o . 30 , the pe r son identified in Sec t ion 3

. 1 o f th i s r egulation shall be a respo n sible o f ficia l as defined in Regu l ation No

. 30, a nd the app l icat ion shal l contai n t he f ollo wing la nguage f rom the responsib l e o ffic i al : " I cert i fy, based on inf o r mation and belief f o r med afte r r eas onable inqui r y, the

Reg

. N o . 2 - Page 6

### statements and inf o r mation in the d ocument a r e t r ue , accu r ate , and c om plete

. " 10

. 3 Fo r facili t ies not sub j ec t t o Regulati on No

. 30 , t he Departm e nt shall g r ant app r o val by issuing to the applicant a s ou r ce categ o r y pe r mit

. 10

. 4 Fo r f ac il ities s u bjec t t o Regulat ion N o . 30 , th e Departm e nt shall g r an t app r o val by inc o r p o r ating the s ou r ce categ o r y pe r mit into the Regulati on N

o . 30 pe r mit by r efe r ence , and such i n corpora t i o n shall be v i a the administ r ative pe r mit amendment p r oc ess specified in Regulati on N o . 30

. 10

. 5 A so u rce cat egory pe rmi t may be valid f o r an i n defi n i t e pe r i o d , except as p r ovided fo r i n Regula t i on No

. 30 fo r so ur ces s ubj ect t o t hat r egula t io n . 06/01/97 Secti on 11

- Pe r mit Applicati on 11

. 1 Any person ide nt ified i n Sec ti o n 2

. 1(c) shall s ubmi t t o the Depa r tme n t a n applicati on f or a pe r mi t on f o r ms fu r nished by th e Depa r t men t. Pe r mit applicati on f o r ms a r e available f r om the Depa r tment upon r equest
. 11

. 2 The applicat io n shall consis t o f a description of a t least t he f ollo wing :

a . The equipment o r appa r atus cove r ed by the application ; and b

. Any equ i p m e nt co nn ec t ed o r a tt ached to , o r serv i c i n g or se r ved by the unit o f equipment o r appa r atus cove r ed by the applicati on ; and

c . The p l ot plan , i nclud i n g the d i stance and heigh t of b u ildi ng w i th i n a r easonable d i stance f r o m th e place where t he e qu ipment i s or wi ll be installed , if necessa r ily r equi r ed by the Depa r tment ; and d

. The proposed means fo r t he preven ti o n or con t ro l o f t he em i ss i ons or contaminant ;

e . The chemical co m pos i t i o n a n d amoun t o f any t rade was t e t o be p r o duced as a r esult o f the const r uction , installati on , o r alte r ati on o f any equipment o r appa r atus c o ve r ed by this application ; f

. Any addi t ional info r mat ion , ev i dence o r doc um e nt a t i o n r equi r ed by the Department to show what t he p r oposed equipment o r appa r a t u s wil l d o . g . Meth o ds and expec t ed f r equency of occ u rre n ce o f t he s t art

- up and shu t down of t h e equipm e n t , inc l u ding p r ojec t ed eff ec t s o f emissio n s to the atmosphe r e and on ambient ai r quality

. h

. The n a tu re a n d a m o unt o f e m i ss i o n t o be emi tt ed by e q uipmen t , the facility , o r an ai r contaminant cont r ol device o r emitted by ass oc iated mobile s ou r ces . i

. If the applicant desi r es any o f the te r m(s) o r c on diti on (s) o f the pe r mi t to be f ede r al l y enfo r ceable , t he appl i cant shall stat e tha t fac t i n the app l icat io n . The e n sui n g permi t shal l clea r ly indi cat e the spec ifi c t er m (s) a n d condi t ion (s) t hat a r e fede r ally enf o r ceable

. j. If t he applican t desi r es any o f the t er m (s) or condi t ion(s) of a const r uction per m

i t t o t r ansfe r t o a Regulati on No

. 30 pe r mi t via

Reg . N o . 2 - Page 7the adminis t ra t ive per mi t amendmen t proc ess speci f ied in Regu l ation N

o . 30 the f ollo wing additional r equi r ements apply :

i

. The pers on identified in Sectio n 3

. 1 of this regulat i on shall be a r espons i ble off i c i al as define d in Regulat ion No

. 30, and the applicat ion shall con t ain the f ollowing language from t he r esp ons ible official : " I ce r t ify, base d on inf o r mation and belief f or me d afte r reaso n ab l e inqui r y , th e s t a t emen t s and in f o r ma t ion in t he doc ume n t are t r ue, acc u r ate , and c o mp lete

. " ii

. The application shall include the f ollo wing additional inf o r mation : A

. The citation and desc r ipti on o f all applicable r equirement s t hat wil l a pp l y to t he equipment , f aci l i t y, o r ai r contaminant cont r ol device and that will bec ome applicable to any covered sou r ce as a r esult o f the const r uction , installation , alte r ation , o r o pe r ation ; and a desc r iption of , or refere nc e to , a ny applicable test method f o r dete r mining compliance with each applicable r equi r ement
. The t erm s " applicable r equi r ement" and "cov ere d sou r ce" re t a i n t he meanings acco r ded to them in Regulation N o . 30

. B

. Ce r tification by the r esp ons ible o fficial that the so u r ce wil l mee t a l l app l icable re qui r ement s on a t i mel y basis, and, if a more detailed sc he d u l e is exp r essly r equ i red by any appl i cab l e re qui remen t , t ha t appl i cab l e r equi r ement in acc o r dance with that mo r e detailed schedule

. C

. If de s ired, i nforma ti on ne cessa ry to defi ne a l te rn ative o pe r ating scena r i os unde r Regulation N o . 30 , Section 6 (a) ( 10 ), o r to defi ne permi t t erms and condi t i o n s to implement emi ssion ave r ag i ng o r ope rati onal f l exib i li t y unde r Regulation N o . 30 , Section 6 (a) ( 11 ) and 6 (h)

. D

. If desi r ed , a r equest that the Depa r tment , upon taking final a c ti on unde r Sec t ion 11

. 5(b) o r 11

. 5( c) o f this r egulation, allow cove ra ge under the pe rmi t s h i e l d as desc r ibed in Regulation N o . 30 , Section 6(f)

. iii

. The applicant shall p r o vide additional inf o r mation necessa r y to address any requireme n t s th a t become applicable t o the equipment, facility, o r ai r contaminant cont r ol device afte r the d a t e i t f il ed an applicatio n under t his sec t i on bu t p r ior to t he dat e adve r ti sement is made p u r suan t t o Section 1 2

. 4(b) o f th i s reg u l a t i o n . Thi s r equi r ement is i n addi t ion t o the r equi r ement of Section 2

. 1 o f t his r egulati on i n situations whe r e const r uction , installati on , o r alte r ation is necessa r y to comply with the new applicable r equi r ement
. iv

. The ensu i ng const r uction permi t shall c l earl y indicat e the speci f ic t e r m(s) or con d i tion ( s) to t r ans f er t o t he Regulati o n N

o . 30 pe r mit , and each such te r m o r condition shall specify the o r igin and the autho r ity f o r that te r m o r condition , and shall i de nt ify any d ifference in f o r m as compared t o the applicable r equi r ement upon which the te r m o r condition is based

.

Reg . N o . 2 - Page 811

. 3 In si t uat ions in which cons t r uc ti o n , ins t a ll a t ion, o r a l t era t i o n is p r o p o sed , and op erat ion o f t he equ i p m e nt , facility , o r a i r c o ntaminant c o nt r o l devi ce is t o f oll o w, such ope ra t ion shall n o t c o mmence until w

r itten approval is ob t a i ne d by the applican t from th e Depa r tment in acco r dance wi th Sec t ion 11 .4 a n d 11

. 5 , as app l icab l e . T he Departme nt ma y c o nditi o n approval t o opera t e o n a de mons t ra t ion by th e applicant o f satisfacto r y pe rf o r mance o f t he equ i p men t , facili t y, o r a i r c o ntaminant c o nt r o l devi ce . I n th e event t he applicant fails t o demo nst r ate satisfacto r y pe rf o rma nce , the Depa r t men t may require the app li ca nt t o cease emissi o ns f r o m the s o u r ce . 11

. 4 Pe r s o ns n o t r eques ti ng rev i ew under Sec ti o n 1 1

. 2 ( j ) s ha l l, up o n c o mple t ion o f t he c o nst r ucti o n , ins t allat ion or al t erat ion, request th a t the Depa r tment g r ant app r o val t o o pe r ate
.
a . An applicat ion d o es no t nee d t o b e submitted t o th e Depa r tment
. N

o te h owever t hat an app li ca t i o n may be req u i red under Regulati o n N

o . 30 f o r pe r s o ns sub j ect t o that r egulati o n . b

. Up on satisfac t o r y dem onst rat i on t hat t he equip m

en t , facil i ty or a i r c o ntaminant con t r ol dev i ce c o mplies with all o f t he t erms and c o nditi o ns of the cons t r uc t ion per m

i t , t he Depa r tment s h a ll g r ant app r o val t o o pe r ate by issuing an o pe r ati o n pe r mit

. 11

. 5 Per so n s r eques t i ng re v i ew un de r Sec t ion 1 1

. 2 (j ) shal l , up o n c o mple ti on o f the co n st r uc ti o n , ins t a l latio n o r al t eration, reque st t h at t he Depart me nt t r ansfe r t he t erms and co n d i t i o n s o f t he const r ucti o n pe rmi t i nt o the Regulati o n N o . 30 o pe r ating pe r mit

.
a . The r equest shall c o ntain the f o llowing inf o r mati o n , and shall c o ntain t he f o ll ow i n g l a nguage f rom the re sponsible o fficial : " I ce r tify , based on inf o r mati o n and belief f o r med after r eas o nable inqui r y , th e s t a t emen t s and i n f or m

a t i o n in the doc ument are t r ue , accu r ate , and c o mplete

. " i

. A desc r i p ti o n o f t he c o mpliance stat us , a comp l iance sc he du l e , and a ce r ti fica ti o n o f comp l iance for t he equip m

ent, f aci l i t y , o r air c o ntaminant con t r ol dev i ce wi t h re spect t o all applicable r equirement s , in accordan ce with Regu l a t ion N o . 30 , Secti o n 5 (d) (8) and (9) ; and ii

. A statement o f the meth o ds used t o dete r mine c o mpliance , including a descripti o n o f m o nito r ing , record kee ping , and r epo r ting r equi r ements and test meth o ds

. b

. Up on satisfac t o r y dem onst rat i on t hat t he equip m

en t , facil i ty or a i r co n t ami nan t co n t r ol dev i ce comp l ies wi t h a l l applicab l e requiremen t s an d a ll o f t he t e r ms a n d c o n d i t i o ns o f t he co n s t ru ction pe r mi t , and no t prior t o t he exp ira t ion of t he EPA rev i ew period p r ovi ded for in Sec t ion 1 2

. 5 , the Depart men t s h all t rans f e r t he speci f ied te rm s and c o nditi o ns t o t he Regulati o n No

. 30 pe r mit v i a t he administ r ative pe r mit amendment p r o cess specified in Regulati o n N o . 30

.
c . If th e Depa r t men t dete r mines th a t t he equipment , f ac ili ty , o r ai r c o ntaminant c o nt r o l device d o es n o t c o mply with any applicable r equirement the Department may t ake enfo r ceme n t ac t io n , an d s h al l d o o ne o f the f o ll o wing :

Reg

. No

. 2 - Page 9i. P r o vide a n o pp o r tunity for the applican t to reso l ve the noncompliance ; then , upon r es olut i on , t r ansfe r the specified te r ms and conditions o f the const r uction pe r mit to the Regulati on No

. 30 pe r mit v i a t he adminis t ra t ive pe r mit amendment p r oc ess specified in Regulati on N o . 30 ; o r ii

. T r ansfe r the spec ifi ed t erms and con di t ions o f the const r uction pe r mit , and an enf o r ceable compliance schedule wh i ch satisfies t he requ irements o f Regula ti on N o . 30 , Secti o n 5( d) (8) (ii i ), to t he Re g u lat ion No

. 30 permit by reopen i ng t he permi t f o r cause p u rsuan t to t he proce du r es in Regu l atio n N o . 30 ; o r iii

. Deny the r equest f o r app r o val to o pe r ate
. 11

. 6 N o per m

it shall be issued by th e Departm ent un l ess t he appl i can t shows t o the sa t i s f action o f t he Depa r t men t that the equ i pment , f ac ili ty , o r ai r con t ami nan t co n t r ol dev i ce is designed t o op erate o r is op erating w i t ho ut causing a vi ol ati on o f t he State Imp l emen t a t i o n P lan, o r a ny ru le o r r egula t i on of the Depart men t , and wi t h o u t in t e r fer i ng with t he attai nme nt o r m a i nten a n ce o f Nat ional and State ambient a i r q u a li ty s t a n dard s , and with out endange r ing the health , safety , and welfa r e o f the pe o ple o f the S t a t e o f De l aware . T he Department m ay , from t ime t o t ime , i ss ue o r accep t c r ite r ia f o r the guidance o f applicants indicating the technical specifications which it deems will comply with the pe r f o r mance standa r ds r efe r enced he r ein

. 11

. 7 Bef o r e a pe rmi t is issued, the Depa r tment may requ i re t he applican t to conduct such tests as are nece ssary i n the o pi nion o f the Depa r tment to dete r mine t he k i n d and/or amoun t o f t he contaminants emi tt ed f ro m the equipment o r w hether t he equ i pment o r fuel o r th e o pe r ati on 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 egula t i on of the Depart men t. Such t es t s shal l be made at t he expense o f the applican t and sha ll be con du c t ed in a manne r approved b y the Depa r tment
. 11

. 8 The following emi ss i on r ates and/or s t a n dards f o r each a i r contaminant emitted from any equipment, facili t y or ai r con t aminan t con t ro l device shall be specified in each pe r mit issued pu r suant to this r egulati on :

a . Th e r ate and/or s t andard es t abl i shed and/or re l i ed upon i n the S t a t e Implementation Plan (SIP) to include the State o f Delawa r e " Regulat i ons Govern i n g t h e Control o f Air Po ll ution " and reg ula t ions promu l gat ed pursuan t to Sec ti on 1 1 1 an d Section 1 1 2 o f t he Clean Air Act (CAA) ; and b

. The r ate that was shown unde r Section 11

. 6 as not inte r fe r ing with the a t tai nmen t and main t enance of an y N ational an d S t ate ambien t air quality s t andard, and no t endangeri ng t he health , sa f e t y, and welfa r e o f the pe o ple o f the State o f Delawa r e ; o r

c . The ra t e reque ste d b y the app l ican t
. In n o case shal l th i s r a t e be g r eate r th a n th e po t en t ial t o emit o f th e equipment , facili t y, o r ai r con t a m i n a nt con t ro l dev i ce ; a n d i n no case shall t his ra t e be less s t r ingen t than t he r ate speci f ied i n Sec t ion 1 1

. 8(a) an d (b) o f this r egulati on . 11

. 9 Each emissi on r ate and standa r d shall be enf o r ceable as a p r actical matte r. Enfo r ceable as a p r actical matte r means that each emissi on r ate

Reg . N o . 2 - Page 10and standa r d :

a . Is s t a t ed in th e pe r mit as a t echnically spec ifi c and accu r ate limitation

. b

. Is specifically ass oc iated with a pa r ticula r piece(s) o f equipment o r ai r c ont aminant c ont r ol device(s)

.
c . Has associat ed con di t ions which, in t o t a l , establish a meth od to dete r mine comp li ance . S uch associat ed con di t ions shall include app r o p r iate testing , monito r ing, r ec o r d keeping, and r ep o r ting r equi r ements
. d

. Has a r ecurring , p r edic t able ti me period under which c o mpl i ance wi t h the l i mi t a ti on wi l l be dem onst ra ted

. S u ch ti me period s ha ll be t hat speci fi ed in th e un derl yi ng S t a t e r egulat i on o r federal ru le o r, i n the absence o f such specificat ion and upon approval by the Depa r tment , shall be h o url y , daily , monthly , o r s ome oth e r time pe r i o d which p r o vides f o r the demonst r ati on of compliance with the limitation no less f r equently than monthly

. 11

. 10 A const r uction pe r mit o r any r enewal the r e o f shall be valid f o r a pe r i o d no t to exceed t hree years fr o m t he dat e of issuance, unless soone r revoked by o r de r o f the Depa r tment , and may be renewed up on applicati on to and app r o val by the Depa r tment
. 11

. 11 An opera t i ng pe rmi t may be va li d for an i n de fi n i t e peri od , u nless the equipment o r o pe r ati on fo r which a pe r mit is w r itten has c ont r oll ed emissi on s o f 100 tons o r more pe r year of any a i r con t ami nant, in which case t he permi t sha l l be valid f o r no t mo r e t ha n a 5

- year pe r iod and s ha l l be eva l uated p ri o r t o re - issuance t o dete r mine if pe rmi tt ed emissi on limits a r e app r o p r iate

. 11

. 12 The provisions of Sect i on 2

. 1 and 1 1

. 3 s hal l n o t appl y t o t he ope r a t ion o f equipment o r p r ocesses for th e pu r pose o f i n i t i a ll y demon st r ating satisfacto r y pe r fo r mance to the Depa r tment f ollo wing c on st r uction , installati on , modificat ion o r al t erat ion o f t he equipment or p r oc esses . The applicant shall notify the Depa r tment sufficiently in advance o f the demonst r ati on and shall obtain the Depa r tment ' s p r i o r c on cu rr ence o f the op erat ing fac t ors , t ime period and o t her pe rti ne n t de t ai l s relating to the demon st r ati on . 11

. 13 U po n receip t o f an appl i cat ion f o r the issuance of an op e r a t ing pe rmi t the Depa r tment , in its d i scre t i o n, may issue a tempo r a r y o pe r ating pe r mit valid f o r a peri od no t t o exceed nine t y (90) days

. A t empora r y o perating pe r mit i ss ue d pu r s ua n t t o t his Secti on shall n o t be ex t ended more than on ce f o r an additi on al 90

- day pe r i o d

. 06/01/97 Secti on 12

- Public Pa r ticipation 12

. 1 Info r mation ob t a i ne d t hrough the prov i s i o n s of this Regu l a t i o n shall be ma de available f o r publ i c i nspection at any Department o f fice excep t where such inf o r mation is o f confidential natu r e as defined in 7 Del. C

. Chapte r 60 , Sec t ion 6014

. The Departm en t shall p r o vide f or public part icipation and comme n t i n acc o r dance wi t h Sec t ion 12

. 2 t hr o ugh 1 2

. 6 , as applicable

. 12

. 2 Up on re ceip t o f a so urce catego r y pe rmi t applicati on o r a pe r mit

Reg . N o . 2 - Page 11applicati on , in p r ope r f o r m, t he Depa r t men t shall prov i de for public pa r ticipation and c omment by :

a . Making avai l ab l e i n at l eas t on e location i n t he S t a t e o f Delaware a public fil e co n t a ining a copy o f all materi a l s th a t t he applicant has submitted ( oth e r than those g r anted confidential t r eatment)

. b

. Adve r tising in a newspape r o f gene r al ci r culati on in the c ount y in which the activity is p r o p o sed and in a daily newspape r o f gene r al ci r culati on th r ou gh out the State : 1 ) the fact that the applicati on has bee n rece i ved , t he iden t i t y o f the a ff ec t ed facili t y, and the city o r t own in wh i ch th e facility is locat ed, 2) a b r ief desc r ipti on o f the natu r e o f the app li ca t i on , to include the activity o r activities invol ved in the pe r mit acti on and the emissi on s o r t he cha n ge in emissi on involved, and 3) the name , addr ess and telephone numbe r o f a Depa r tment r ep r esentative with r espo n sibili t y f o r t he pe r mi t t ing ac t i on , the place a t wh i ch a cop y o f the public file may be inspected , and a statement o f p r oc edu r es to r equest a hea r ing

.
c . Sending no t ice o f the informat ion de t a il ed in Sec t ion 1 2

. 2(b) by mail t o a n y pe r son who has reques t ed such no t ificat ion f rom the Depa r tment by prov i d ing to t he Departm e n t thei r name a n d mailing addr ess . d

. H ol ding , if the Departm e n t r eceives a me r ito r i ou s r equest f o r a hea r ing w i th in fif t ee n (15 ) calen dar days o f th e dat e of the adve r tisement desc r ibed in Secti on 1 2

. 2(b) , o r if the Depa r tment deems i t to be in t he best in t e r es t o f t he S t ate t o d o so , a publ i c hea r ing o n an app li ca t i o n for inte r es t ed pe r s on s t o appear and submit wri tt e n o r o ra l comment s o n the a i r q ua li ty impac t of the p r o posed acti on . i

. A public hearing r equest shall be deemed meri t o ri ous if it exhibits a familia r ity with the applicati on and a r eas on ed statement o f the pe r mit ' s p r o bable impact

. ii

. N ot l ess t han t wenty ( 20) calenda r da y s befo re the t i me o f said heari n g , no t ificati on t ha t a public hea r ing wi l l be he l d and the time and place o f that hea r ing shall be : A

. Served upon t he appl i can t as summonses are served o r by r egiste r ed o r ce r tified mail ; and 

### B

. Published in a newspape r o f gene r al ci r culation in the coun t y in wh i ch t he activ i ty i s propose d and i n a dai l y newspape r o f gene r al ci r culati on th r ou gh out the State

.
e . Conside r ing all c omments submitted by the applicant and the public in r eaching its final dete r mination

. 12

. 3 Fo r each per m

i t app li cat io n reque s t ing t o make t he t erms and con di ti ons o f a pe r mit fede r ally enf o r ceable , the Depa r tment shall p r o vide f o r public pa r ticipation and comment by :

a . Making avai l ab l e i n at l eas t on e location i n t he S t a t e o f Delaware a public fil e co n t a ining a copy o f all materi a l s t hat t he applicant has submitted ( oth e r than those g r anted c on fidential t r eatment) , a copy o f the dra f t permi t , and a c op y o r summa r y of o ther mat erials ,


### Reg

. N o . 2 - 

### Page 12

### if any , conside r ed in making the p r elimina r y dete r mination

. b

. Adve r tising in a newspape r o f gene r al ci r culation in the county in which the activity is p r o p o sed and in a daily newspape r o f gene r al ci r culati on th r ou gh out the State : 1 ) the fact that the application has bee n rece i ved , t he iden t i t y o f the a ff ec t ed facili t y , and the city o r t own in wh i ch t he facility is locat ed, 2) a b r ief desc r ipti on o f the natu r e o f the app li ca t i on , to include the activity o r activities invol ved in the pe r mit acti on and the emissi on s or t he cha n ge in emissi on involved, and 3) the name , addr ess and telephone numbe r o f a Depa r tment r ep r esentative with r espo n sibili t y f o r t he pe r mi t t ing ac t i on , the place a t wh i ch a copy o f the public file may be inspected , and a statement o f p r oc edu r es to r equest a hea r ing

.
c . On or be f o r e t he da t e o f t he adve r tisement described in Secti on 12

. 3 (b) : i

. Sendi n g no t ice of the informati on detai l ed i n Section 1 2

. 3(b) by m a il t o t he Adminis t rat or o f the EPA , t hrough t he Regi on III office, a n d to any perso n wh o has reques t ed such notification from t he Depart m e n t by prov i ding t o the Depa r tment thei r name and mailing addr ess . ii

. Providi n g t he Admi n is t r a t o r o f t he EPA , t hrough t he Reg i o n I I I o ffice , a copy of the d r aft pe r mit

. d

. H ol ding , if the Depart m e n t r eceives a me r ito r i ou s r equest f o r a hea r ing w i t h in t hirt y (30) calendar days o f t he date of the adve r tisement desc r ibed in Secti on 12

. 3(b) , o r if the Depa r tment deems i t to be in t he best i n t e r es t o f t he S t ate t o do so , a publ i c hea r i n g on an app l ication o r the dra f t permi t fo r i n t e r ested pers ons to appear and submi t w r itten o r o r al co mme n t s o n t he air quality impact of t he proposed ac t i o n o r on the specific t erms and conditi on s o f the d r aft pe r mit

. i

. A public hearing r equest shall be deemed meri t orious if it exhibits a familia r ity with the applicati on and a r eas on ed statement o f the pe r mit ' s p r o bable impact

. ii . N ot l ess t han thi r ty (30) calenda r days before the t i me o f said heari n g , no t i fica ti on t hat a public hea r ing wi l l be he l d and the time and place o f that hea r ing shall be : A

. Served upon t he appl i cant as summonses are served o r by r egiste r ed o r ce r tified mail ; and B

. Published in a newspape r o f gene r al ci r culation in the c o un t y in wh i ch t he activ i ty i s proposed and i n a dai l y newspape r o f gene r al ci r culati on th r ou gh out the State

.
e . Affo r ding the app li ca n t a n opport uni t y t o submit , within fifteen ( 1 5) days f ollo wing the close o f the public comment pe r i o d o r t he pub li c hearing, whichever is late r, a response t o any c omments made

. f

. Co n sideri ng al l comment s submi t t ed by t he app l ican t , t he publ i c, and the Administ r ato r o f the EPA in r eaching its final dete r mination

.

Reg

. N o . 2 - Page 13g . P r oviding t o th e Admi nis tr a t o r of the EPA , th rough th e Region III office , a copy of the pe r mit

. 12

. 4 Fo r each pe r mit application r equesting to allow the te r ms and conditions of a co n s t ruc ti on pe r m i t t o t ra n sfe r t o a Re g u lat io n N o . 30 permit via the administ r ative pe r mi t amendment p r ocess spec i fied in Regulation No

. 30 , the Depa r tment shall p r ovide fo r public pa r ticipation and comment by :

a . Making avai l ab l e i n at l eas t one location i n t he S t a t e o f Delaware a public fil e co n t a ining a copy of all m a t eri a l s th a t t he applicant has submitted (othe r than those g r anted confidential t r eatment) , a copy o f the dra f t pe rmi t , and a copy o r summa r y of o ther mat erials , if any , conside r ed in making the p r elimina r y dete r mination

. b

. Adve r tising in a newspape r of gene r al ci r culation in the county in which the activity is p r oposed and in a daily newspape r of gene r al ci r culation th r oughout the State : 1) the fact that the application has bee n rece i ved , t he iden t i t y of the a ff ec t ed facili t y, and the city o r t own in wh i ch th e facility is locat ed, 2) a b r ief desc r iption of the natu r e of the app li ca t i on , to include the activity o r activities involved in the permit action and the emissions o r t he cha n ge i n emission involved, and 3) the name , addr ess and telephone numbe r of a Depa r tment r ep r esentative with r espo n sibili t y f o r t he pe r mi t t ing ac t i on , the place a t wh i ch a cop y of the public file may be inspected , and a statement of p r ocedu r es to r equest a hea r ing

.
c . On o r be f o r e t he da t e of t he adve r tisement de sc ri be d in Section 12

. 4 (b) : i

. Sendi n g no t ice of the informati on detai l ed i n Section 12

. 4(b) by mai l to any pe r son who has requested s u c h noti f i cation from the Depa r tment by p r oviding to the Depa r tment thei r name and mailing addr ess , and to the r ep r esentative of any affected states designated by those states to r eceive such notices

. The te r m "a ff ec t ed s t a t es" re t ains t he mea n ing acco r ded t o i t in Regulation N o . 30

. ii

. P r ovidi n g t he Admi n is t r a t o r of t he E PA , t h r ough t he Reg i o n I I I office , affected states , any pe r son who r equests it , and the applicant a s t a t emen t that se t s for t h the l ega l and factual basis fo r t he draf t pe r m i t condi t io n s (includi n g re f ere n ces to the applicable statuto r y o r r egulato r y p r ovisions)

. iii

. P r ovidi n g t he Admi n is t r a t o r o f t he E PA , t h r ough t he Reg i o n I I I office , a copy of th e pe rmi t application unless the Administ r ato r waives the r equi r ement
. d

. Holding , if the Departm e n t r eceives a me r ito r ious r equest fo r a hea r ing w i th in t hirt y (30) calen dar days o f t he date of the adve r tisement desc r ibed in Section 12

. 4(b) , o r if the Depa r tment deems i t to be in t he best i n t e r es t o f t he S t ate t o d o so , a publ i c heari n g on an app l ication o r the dra f t permi t fo r i n t e r ested persons to appear and submi t w r itten o r o r al comme n t s o n t he air quality impact of th e p r opose d ac t i o n o r on the specific t erms and conditions of the d r aft pe r mit

. i

. A public hearing r equest shall be deemed meri t o ri ous if it exhibits a familia r ity with the application and a r easoned

Reg . N o . 2 - Page 1 4statement o f the pe r mit ' s p r o bable impact

. ii

. N ot l ess t han thi r ty ( 30) calenda r da y s befo r e the t i m e o f sai d h ea r i n g , no t i fica ti on t h at a p ub lic hea r ing wi l l be he l d and the time and place o f that hea r ing shall be : A

. Se r ved upon t he appl i can t as summonses a r e serve d o r by r egiste r ed o r ce r tified mail ; and B

. Published in a newspape r o f gene r al ci r culati on in the coun t y in wh i ch t he activ i ty i s propos e d and i n a dai l y newspape r o f gene r al ci r culati on th r ou gh out the State

.
e . Affo r ding the app li ca nt a n oppo r t uni t y t o submit , within fifteen ( 1 5) days f ollo wing the close o f the public c omment pe r i o d o r th e p u b li c hea r ing , whicheve r is late r, a r esponse t o any comments made

. f

. Co n side r i ng al l comment s subm i t t e d b y t h e app l ican t, t he publ i c , and any affected state in r eaching i t s fi n a l dete r mination

. The Depa rtm ent s h a l l mai nt ain a li st o f a l l comme n te r s and a summary o f the issues r aised and shall make that inf o r mation available in the public file and supply it to EPA upon r equest
. g . Aft e r m ee t ing t he r equire m en t s of 1 2

. 4(a) t h r ough 1 2

. 4 (f) , p r oviding the Admi nis t r a t o r of th e EPA , th r ough t h e Regi on I II office , a copy o f th e proposed pe r mi t [ i

. e . , the vers i o n o f t he pe r mi t that r ep r esents the Depa r tments final dete r mination unde r Secti on 12

. 4 (f)] , a ll n ecessary s u pport i n g info r mat ion , an d p r o viding a no t ice t o t h e Admi nist r ato r an d to any affec t ed s t ate o f any ref u sal by t he Depa r t men t to accep t a ll r ec ommendati on s fo r th e p r o p o sed pe r mit th a t t he affected s t a t e submi tt e d du r ing th e public r eview pe r iod

. The notice shall include the Depa r tment ' s r eas on s f o r not accepting any such r ec ommendati on . The Depa r tment is not r equi r ed to accept r ecommendati on s that a r e not based on applicable r e q uiremen t s . The te rm "app l icable requ i reme n t" r etai n s t h e meani n g acco r ded to it in Regulati o n N o . 30

. h

. On o r be f ore t he da t e that t he Depa r tment p r ovi d es th e p r o p o sed pe r mit t o E PA fo r r eview unde r Section 1 2

. 4 (g) , issuing a w r itten r esp on se t o a ll comments submitted by affected s t a t es a n d all significant comments submitted by the applicant and the public

. 12

. 5 The Depa r tmen t shall n o t issue t he pe rmi t if t h e A dminist r a t o r ob j ec t s t o its issuance in w r iting within f o r ty

- five (45) days o f r eceipt o f all o f the in f o r ma t io n p r ovi d ed t o t h e A dmin i s t ra t o r pursuan t t o Sec ti on 1 2 .4 (g)

. Any EPA o b j ection unde r this pa r ag r aph shall include a statement o f the Administ r at o r' s r eas on s f o r o b j ecti on and a desc r ipti on o f the te r ms and conditions t hat mu s t be r evise d t o r esp on d t o th e ob j ec t ion

. The Administ r at o r w ill p r ovi d e t he applican t a copy o f th e ob j ec t ion

. The Depa rt ment m ay t he r eaf t e r i ss u e on l y a r evi sed pe r m i t that sati s f ies EPA ' s o b j ecti on . 12

. 6 If th e Admi n i s t ra t or does n o t objec t in w r i t ing un d e r Sec t ion 1 2

. 5 , any pe r s on may pe t i t ion the Adminis t r a t o r w i th i n sixty (60) d ays a f t er the expi r ati on of th e Administ r at o r' s 4 5

- d ay r eview pe r i o d t o m ake such o b j ecti on . Any such petiti on shall be based o n l y on o b j ecti on s to the pe rmi t raised w i th reasonable spec i fici t y du r i ng the pub l ic comment period p r o vided f o r in Secti on 12

. 4 , unless the petiti on e r demon st r ates that it was imp r acticable to r aise such o b j ecti on s within such pe r i o d , o r unless the g r oun ds fo r such objec t i o n a r o se afte r such pe r io d

. I f the Admin i s t r a t o r obj ec t s t o the permit as a r esu l t of a pe t ition f il e d u n d er Reg

. N o . 2 - Page 15this paragraph, t he Depart m e n t shall not amend t he Reg ul a t i o n N o . 30 pe rmi t u n t i l E P A ' s obj ection ha s been r eso l ved , excep t t h a t a pe t i ti on for r eview d o es not stay the effectiveness o f the const r uction pe r mit and/ o r the amended Regulat ion No

. 30 pe r mit or i t s req ui re m e n t s if the c on st r uction per mi t o r the amended Regulati on No

. 30 pe r mit was issued afte r the end o f the 45

- day r eview pe r i o d and p r i o r to an EPA o b j ecti on . If t he Departme n t has issued an amended t he Regu l a ti o n N o . 30 permi t prior to rece i p t of a n EPA o b j ecti on under t his pa r ag r aph , th e Administ r at o r will m odify , t erminat e , o r revoke such pe r mi t, and shal l do so c ons i ste n t wi t h th e time limi t s es t ablished in 4 0 CFR 70

. 7(g) ( 4 ) o r (5) (i ) and (ii) , except in e m erge n c i es , and th e Depa r tment may the r eafte r issue o nl y a r evised pe r mi t t hat sa t i s fi es EPA ' s ob j ec t ion

. In any case , th e s ou r ce wi ll not be in viola ti on o f t he r equirement t o have submi t t ed a timely and complete applicati on unde r Regulati on N o . 30

. 06/01/97 Section 1 3

- Depa r tment Rec o r ds 1 3

. 1 The Depa rtm en t wil l keep fo r f ive ( 5 ) yea r s s u ch r ec ords and subm i t to the Administ r at o r o f the EPA such inf o r mation as the Administ r at o r may r eas on ably r equi r e to asce r tain whethe r the o ptional p r oc edu r es to establish and t r ansfe r the te r ms and conditions o f a const r uction pe r mit issued pu r suan t t o t his reg ul a t i o n into a Regulati on N o . 30 o pe r ating pe r mit via the adminis tr a t ive per mi t amendmen t p r oc ess spec ifi ed in Regulati on N o . 30 comply with the r equi r ements o f the Fede r al Clean Ai r Act and 40 CFR Pa r t 70

.

Reg . N o . 2 - Page 16Appendix •A" ( Fo r t he applicabili t y of Appendix "A" see Secti on 2

. 2 o f the r egulati on )

a . Ai r contaminant detecto r, ai r contaminant r ec o r de r, combustion c ont r oll e r o r c ombu sti on shut

- o ff

. b

. Excep t as provided f o r in Regulat ion N o . 22 , "Res t ric t io n o n Qual i t y o f Fuel in Fuel Bu rni ng Equ i pmen t , " exte rnal c o mbustion f ue l bu rn ing equipment which : i

. Uses any fuel a n d ha s a ra t ed heat input o f less than 10 million B r itish

- The r mal U nits (BT Us) pe r hou r. ii

. Uses onl y nat u ral gas , LP gas , o r o t her des u lfurized fuel gas and has a ra t ed hea t inp u t of less t han 15 million B r itish

The r mal U nits (BT Us) pe r hou r.

c . Ai r conditioning o r comfo r t ventilating systems
. d

. Vacuum cleani n g sys t e m s use d exclus i vely f o r office applicatio n s or r esidential housekeeping

.
e . Ventilating o r exhaust systems fo r p r int sto r age r oom cabinets

. f

. Exhaust systems fo r cont r oll ing steam and heat

. g . Any equipment at a facility used exc lu sively f o r chemical o r physical analysis o r de t ermi n a ti on o f pro du c t qual i ty and comme r cial acceptance , p r ovi ded t he ope r ati on o f t he equipment is n o t an integ r al pa r t o f the p r oduction p r oc ess a n d the total actual emissi on s f r om a ll such eq ui p m e n t at t he facility d o n o t exceed 4 5 0 p oun ds in any calenda r month

. 

### h

. Inte r nal comb u s t i o n engines in passenge r s o r f r eight

. vehicles used f or tr anspo rt o f

i

. Mai n t enan ce , r ep air, o r r eplace m en t i n kind o f equ i pmen t fo r which a pe r mit to ope r ate has been issued

. j. Equipm e n t which emi t s o n ly ni t rogen , oxygen , ca r bon d i o xide , a n d/or wate r vap o r. k

. Ventilating o r exhaust systems used in eating establishments whe r e f oo d is p r epa r ed f o r the pu r p o se o f consumption

. 1

. Equipment used to liquefy o r sepa r ate o xygen , nit r o gen o r the r a r e gases f r om the ai r.

m . F i r ewo r ks display

.
n . Sm u dge pots for orcha r d s or smal l ou t doo r heat ing dev i ces t o p r even t f r eezing o f plants

.
o . Outdoo r painting and sand blasting equipment

. p . Lawnmo we r s , t r acto r s , fa r m equipment and c on st r uction equipment

. q . Gasoline dispensing facili t ies t ha t neve r exceed a monthly th r ou ghput o f 10 , 000 gall on s . R

eg . N o . 2 - P age 17

### s . Stati on a r y gas o line sto r age tanks that : 1. 

### Have a capacity less than 550 gall on s and that a r e used exclusively f o r the fueling o f implements o f husbandr y ; o r 2

. Have a capac i t y less t han 2000 gall on s and t ha t we r e c on st r ucted p r i o r to Janua r y 1 , 1 979 ; o r 3

. Have a capacity less than 250 gall on s and that we r e c on st r ucted afte r Decembe r 3 1 , 1 97 8

. t . F i r e sch ool s o r fi r e fighting t r aining

.
u . Residential w oo d bu r ning sto ves and wood bu r ning fi r eplaces

.
v . Any s t a t i o n ary s t orage tank n o t sub j ec t to co n t ro l by these r egulati on s which contains any liquid having a t r ue vap o r p r essu r e less than 0

. 5 psia at 70° F o r is less t han 5000 gallons capaci t y .
w . Bui ldi ngs , cab i ne t s, and f ac i li t ies u sed fo r sto r age of chemicals i n cl o sed c ont aine r s .
x . Sewage t r eatment facilities

. y . Wate r t r eatment units

.
z . Quiescent wastewate r t r eatment o pe r ati on s .
aa . No n- contac t wa t e r coo ling towers (wat e r tha t h as n o t been in di r ec t contact with p r oc ess fluids)

. bb

. Laundr y d r ye r s , ext r acto r s , o r tumble r s used f o r fab r ics cleaned with a wate r s o luti on o f bleach o r dete r gents
.
cc . Equipment used f o r hydr aulic o r hydr o static testing

. dd

. Bluep r int copie r s and ph oto g r aphic p r oc esses .
ee . Kilns u sed f or fi r ing ce r amic wa r e that are heat ed exclusively by natu r al gas , elect r icity , and/ o r liquid pet r ol eum gas , and the BTU input is less than 1 5 million BTU s pe r hou r. ff

. Ino r ganic acid sto r age tanks equipped with an emissi on cont r ol device

. g g . An y inte r nal combustion en g ine ass oc iated with a stati on a ry elect r ical g e n era t or t ha t: 1 ) has a s t andb y p o we r ra t ing of 450 kilowa t ts or l ess t hat i s used onl y d u r i ng t i m es of e m e r genc y; 2) i s locat ed at an y reside n ce ; o r 3) i s located a t an y c o mme r cial po u l t r y p r o ducing p r emise , as t hese te r ms a r e defined in Regulati on N o . 11 44

. hh

. An y inte r nal combustion fuel bu r nin g equi p ment , which is not ass oc i a t ed wi t h a s t ationa ry elec t rical ge n erato r , and has an engine p o we r r atin g o f 450 h p o r less

.

Reg

. N o . 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 emiss ions are already well controlled; or generators with a standby power rating of 1 0 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. 

## Findin g s and Conclus ions On the basis of the record develope d in th is matter, it appears that AQ M 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 D epartment

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. 

## Rea s ons The adoption of Regulation 1144 will aid the State of Del aware 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 particu late matter, thereby adversely impacting public health, safety and we lfare. 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 D epartment in furtherance of the policy and purposes of 7 Del. C

. , Ch

. 60.

Ahear\ Reg. l144.Amend.Reg.ll02 .2 005.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 (PM 2.5

### ). 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 Con

### trol (DNREC) W11i conduct a public hearing on the y,tanned adopijon of a new regu lation, Reaulatlon No. 1144, Control ol Stationary Generator Emissi ons ," 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 latl on· 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

. 7 1670 OSN 07 /24

/2005 

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## AIROU IJT 

# The News Journal Sunday News Journal The News J ournal



# AFFIDAVIT OF PUBLICATION
STATE OF DELAWARE COUNTY OF NEW CASTLE

Perso nally appeared before me this 24th day of July, 2005: I , M e li ssa Miche lson, of the NEWS JO URNAL COMPANY, a daily new spaper printed and published in the County of New Castle , State of Delaware , who, being duly sworn states that the adverti seme nt of 

## SID DNREC 

### Air Res -Reg 2 Permit Agps-Regulation 1 1 44 & 

### Regu lation 1102
was published in 

### THE NEWS JOURNAL on, n/a and/or 

## THE SUNDAY NEWS JOURNAL on Jul y 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 cau se 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 tobe operated for non-emergency purposes. If it were ensured that generators at fire stations were only being usedfor 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 beincluded 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 CO 2

### [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 CO 2

### 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 CO 2

### . In regards to the Department’s authority to regulate CO 2 

### , the Department is directed to regulate CO 2 

### , as an “air contaminant,” pursuant to 7 Del. C. , Chapter 60. Section 6001(a) of 7 Del. C. Chapter 60 states that the General Assemblyhas 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 tobe 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.” CO 2

### is clearly an air contaminant,according to the Delaware statute, and can cau se pollution. While CO 2

### 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. Theref ore, it is the Department’s responsibility to control CO 2 

### , since it is an air contaminant which can cause air pollution. However, Delaware is not alone in categorizing CO 2

### as an air contaminant. On October 18, 2005, New Jersey’s Acting Governorapproved amendments to New Jersey’s Department of Environmental Protection (NJDEP) regulations, classifying CO 2

### as an air contaminant. The NJDEP determined, based on compelling scientific evidence, that regulating CO 2

### as an air contaminant is in the “best interest of humanhealth, welfare, and the environment.” By classifying CO 2

### as an air contaminant, as the Delaware statute does, New Jersey will be able to pursue regional efforts to reduce CO 2 

### . It is correct that CO 2

### is not a federally regulated pollutant, but the Environmental Protection Agency’s (EPA) decision to not regulate CO 2

### 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 CO 2 

### , which, in this singular incidence, makes Delaware laws more stringent than federal laws. The fact that EPA has not chosen to address CO , does not impact the Delaware statute. There are various pollutants which 2 

### 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 CO 2 

### , 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 CO 2

### in the proposed regulation. The combustion of fossil fuels by internal combustion engines yields various exhaust gases, including CO 2 

### . The amount of CO 2

### emitted from the combustion of fossil fuels depends on various factors, such as an engine’s efficiency. In the simplest sense, CO 2 

### emissions are directly proportional to fuel consumption – the more fuel it takes an engine to produce a certain amount of power, the more CO 2

### the engine will emit. If an engine is more efficient ( i.e. uses less fuel to produce the desired/requiredoutput of energy), itwill not have to use as much fuel to produce the same amount of energy, and will therefore emit less CO 2 

### . In developing their model rule for smaller-scale electric generating units, the Regulatory Assistance Project (RAP) took this into consideration in setting CO 2

### standards. RAP wanted to encourage the deployment of efficient technologies, but it recognized that there are currentlyno practical aftertreatment controls to remove CO 2

### from an engine’s exhaust. Thus, the RAP Model Rule [Exhibit 12], on which the proposed regulation is based, includes CO 2

### 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 emi ssions 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 CO 2

### standard are set at 1900 lb/MWh, which is clearly a manner of capping CO 2

### 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 CO 2 

### emissions. Additionally, Delaware and other participating states are transitioning from a situation of total non-regulation of CO 2

### 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’sand other states’ regulations requiring CO 2

### 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 eff ective date. If this review reveals that the third tier CO 2

### standards are beyond the technological advancements expected for the future, the regulation may be amended at that time to reflect a more appropriate CO 2

### standard. Increasing the efficiency of a generator’s engine will decrease its CO 2

### emissions, but the proposed regulation offers other methods for a generator to comply with its CO 2

### standards. Section 8 of the proposed regulation details three non-aftertreatment methods to help generator owners comply with its standards for CO 2

### 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 CO 2

### standards, these three methods allow a generator to comply with the CO 2

### standards without using any sort of aftertreatment devices, if CO 2

### control is necessary. Regulating CO 2

### emissions of generators will not causeany financial burden on the generator owner. The primary function of a generator is to generate electricity in the absenceof available electricity. The need to purchase and operate generators is not for financial gain; rather it is to avoidfinancial 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 CO 2

### standards, the proposed regulation does not require emissions testing to be performed if adequatedocumentation can be provided which proves the generator’s compliance. If such documentation cannot be provided, emissions testing may be necessary. However, regarding CO 2 

### , simple portable emissions analyzers are available for rent, or a laboratory could be contracted to perform suchtesting. 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 onlywithout imparting any significant financial hardship or burden ( i.e. , the proposed emission standards, to include the CO 2

### standard, do not apply to emergency only generators; they apply only to distributed generators). Another reason for including CO 2

### 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 CO 2 

### , 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 associ ated 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 allergenicdisorders. 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 CO 2

### per unit of electricity generated within the State.” As it was discussed during the Distributed Generation Regulation Development Workgroup meetings, inclusion of the CO 2

### standard in the draft distributed generation regulation of 1900 lb/MWh is designed to reflect a cap at the current expected emission rate of CO 2

### for generators. Thus, including CO 2

### 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 CO 2

### 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 CO 2

### emissions and the public has been on notice of this concern throughout the entire public process. Consequently, it is not significant that the Star t 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 CO2 

### 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 , and none of the commenters have disputed 2 

### that conclusion. In sum, the thrust of the comments against inclusion of the CO 2

### limit is that since the federal government has not chosen to list CO 2

### 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 CO requirement from the proposed regulation. Thus, in consideration of all stated 2 

### above, it is the Department’s response that morethan adequate authorityexists to regulate CO 2 

### consistent with the Delaware statute, and the record does not support removing the CO standard 2 

### 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

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### 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 af tertreatment 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 eff ect 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 thatare 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.”

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### 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 propo sed 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 to3,000 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 tocertify 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 powerthe 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 emissionsstandards. Instead, Section 7.3 requires the person to showthe certification of the generator tothe 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.

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### 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 af ter 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 reque sted, 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 CO 2

### should be removed from the proposed regulation. Response 8 : See Response 2 , above, regarding the Department’s response to comments concerning CO 2 

### . Commenter: Paul R. Jann; DuPont Company; August 31, 2005

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### 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 costemissions 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 2above, 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 tooperate a generator as a distributed generator, usually for some sort of financial gain. This decision shouldhave 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 im prove 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 dieselfuel 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 anextensive 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

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### 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, inthe 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 us age 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 emi ssion 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 tonew distributed generators proposed in Section 3.2.2.1 are technically and economically f easible. The emissions standards for these generators can be met by advanced, lean-burn natural gas engines without af tertreatment and also by rich-burn natural gas engines and diesel-fueled engine s with the addition of NOx 

### aftertreatment. In addition, the standards proposed for 2008 and 2012 require emissions reductions which are in line withindustry 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 NO x

### emissions levels for large gaseous-fueled, spark-ignited engines of 9 lb/MWh, and 7 lb/MWh for diesel-f ueled engines. In addition, under a recently proposed general permit standard for diesel-fueled engines that do not need a permit, NOx


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### 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 propos ed regulation in the State of New Jersey, NO x

### 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 NO x

### 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 4.0lb/MWh NO x

### 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 NO x

### 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 1.2.1.4clearly 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 minimisapplicability limit of 10 kW be revised. Comment 11: “DuPont also strongly disagrees with the precedent-setting inclusion of carbon dioxide (CO 2

### ) 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 CO 2 

### . 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 nocontrol over the sulfur level of pipeline quality natural gas. This provision should only apply for gaseous fuel s 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” isdefined in 40 CFR 72.2 ashaving “0.5 grains or le ss 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 propos e 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.

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### 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 grainstotal sulfur compounds per 100 dscf. Any emission limits should be established with flexibility toallow 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 statesthat “an alternative total sulfur limit for waste, landfill, or digester gases shall be allowed based upon a case-by-case determination.” The Department recognizes thatwaste 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 (H2

### S). 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 locationsthat 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 nitrogenoxides, 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

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### 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 stationarygenerators, in part by exempting a potentially large number of generators from requiring a permit to beconstructed 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. Thisproposed 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, soit 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 variousmobile 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 examplesof 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 submittedby 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 generatorsin order to verify their compliance with the

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### 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) isreadily 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 proposedregulation specifies thata 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 accidentallyreset and ensures that the operating hours are continuously being totaled. Owners can certainlychoose 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 mo st 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 di stributors of generators or through local parts stores for on-roador 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 CO 2 

### 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 CO 2 

### emissions from this Proposal.” Response 18 : See Response 2 , above, regarding the Department’s response to comments
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### concerning CO 2 

### . 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 gridto 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 op erate 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 emergencygenerator is to avoid financial loss, not to provide financial gain. Thus, it is the Department’s responsethat the definition of “emergency” in the proposedregulation not be revised.

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