Title 7 Natural Resources and Environmental Control
1124 Control of Volatile Organic Compound Emissions
1.0 General Provisions
1.1 This regulation, "Control of Volatile Organic Compound Emissions", replaces and supersedes Regulation No. 24, "Control of Volatile Organic Compound Emissions" dated July 3, 1990.
1.2 This regulation is applicable to the sources of Volatile Organic Compounds (VOCs) as set-forth herein, except:
1.2.1 Sources, other than solvent metal-cleaning sources, whose emissions of Volatile Organic Compounds (VOCs) are not more than fifteen (15) pounds per day, unless other limits are specified herein, provided the emission rates are determined and certified in a manner acceptable to the Department.
1.2.2 Sanitary landfills conforming to the State of Delaware Statewide Solid Waste Management Plan.
1.3 No owner or operator shall substitute either methyl chloroform or methylene chloride for any other Volatile Organic Compound (VOC) for any solvent metal cleaning purpose on or after the effective date of this regulation.
1.4 The provisions of this regulation shall not apply to the startup and shutdown of equipment which operates continuously or in an extended steady-state when emissions from such equipment during startup and shutdown are governed by an Operating Permit issued pursuant to the provisions of 2.0 of 7 DE Admin. Code 1102.
1.5 Any owner or operator currently permitted to operate a VOC emission source under 7 DE Admin. Code 1102 or the previous Regulation No. 24 shall submit to the Department, within 90 days of the effective date of this regulation, an application to amend the current permit and to comply with the provisions of this regulation. Any owner or operator of a non-permitted source subject to the provisions of this regulation, on and after the effective date of the regulation, shall immediately submit to the Department an application for a permit to construct, modify, reconstruct or operate the source.
1.6 Any owner or operator who owns or operates a process or operation regulated by a subsequent section of this regulation may submit to the Department proposals for alternative compliance schedules. The Department may, with the concurrence of the Administrator of the U. S. Environmental Protection Agency (U.S. EPA), approve the alternative compliance schedules if:
1.6.1 The proposal contains projected increments of progress which are substantially equivalent to the compliance schedules in the appropriate subsequent sections of this regulation, and,
1.6.2 Final compliance with emission standards is achieved not later than that stipulated in appropriate subsequent sections of this regulation, or not later than May 31, 1995, if agreed in writing by the Department.
1.7 In the event that the applicant's schedule of interim measures is not acceptable, the Department shall give written notice to the applicant, advising that the schedule contained in the appropriate sections of this regulation will be ordered unless an equitable compromise is agreed-upon, or a public hearing is requested. The expense of such hearing shall be borne by the applicant. The Department may order a schedule to be implemented after considering relevant testimony at the hearing, or, if no hearing is requested, issue an order on its own initiative.
1.8 Any alternative compliance schedule approved by the Department shall be incorporated in the State Implementation Plan (SIP).
12 DE Reg. 347 (09/01/08)