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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2013

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7 DE Admin. Code 1108
1108 Sulfur Dioxide Emissions From Fuel Burning Equipment
Revision to 7 DE Admin. Code 1108 “Sulfur Dioxide Emissions from Fuel Burning Equipment.”
The Division of Air Quality (DAQ) of the Department is proposing to revise Delaware 7 DE Admin. Code 1108 to lower the allowable content of sulfur in fuels combusted in Delaware, and to effectively reduce the emissions of sulfur dioxide (SO2) into the atmosphere, which will aid in the attainment and maintenance of Delaware’s air quality relative to the SO2 and fine particulate matter National Ambient Air Quality Standards (NAAQS). The reduction will also reduce acid rain, and will aid in reaching visibility goals of the federal regional haze program.
In addition, the Department will submit the revision of 7 DE Admin Code 1108, after being finalized, to the U.S. Environmental Protection Agency (EPA) as a revision to Delaware’s state implementation plan (SIP).
7 Del.C., Chapter 60, Environmental Control
12/08/1983 xx/xx/2013
1.1 The emission of sulfur dioxide (SO2) from fuel burning equipment shall be controlled to a limit that shall meet the ambient air quality requirements.
1.2 The provisions of this regulation shall not apply to the start-up and shutdown of equipment which operates continuously or in an extended steady state when emissions from such equipment during start-up and shutdown are governed by an operation permit issued pursuant to the provisions of 2.0 of 7 DE Admin. Code 1102.
1.32 This regulation shall not apply to fuels used in fluid coking, fluid catalytic cracking or catalyst regeneration.
1.43 This regulation shall not apply to fuels used by watercraft.
05/09/1985 xx/xx/2013
2.1 Except as provided in 2.2 of this regulation Prior to July 1, 2016, no person shall offer for sale, sell, deliver, or purchase any fuel having a sulfur content greater than 1.0% by weight when such fuel is intended for use in any fuel burning equipment in New Castle County. No person shall use any fuel having a sulfur content greater than 1.0% by weight in any fuel burning equipment in New Castle County.
2.2 No Prior to July 1, 2016, no person shall offer for sale, sell, deliver or purchase, or use in any fuel burning equipment, distillate fuel oil having a sulfur content greater than 0.3% by weight.
2.3 Oil Sampling Method - Oil samples shall be obtained using proper American Society for Testing and Materials (ASTM) methods or alternative methods approved by the Department. On and after July 1, 2016, no person shall offer for sale, sell, deliver, or purchase any fuel having a sulfur content greater than the limits specified in 2.3.1 through 2.3.3 of this regulation, when such fuel is intended for use in any fuel burning equipment in Delaware, and no person shall use any fuel having a sulfur content greater than the limits specified in 2.3.1 through 2.3.3 of this regulation in any fuel burning equipment in Delaware.
2.4 Sulfur concentrations of residual and distillate fuels shall be determined by the x-ray absorption or the Parr oxygen bomb technique. Transition Period for Distillate Fuel. Fuel having a sulfur content that meets the limit as specified in 2.2 of this regulation but is greater than the limit specified in 2.3.1 of this regulation may be offered for sale, sold, delivered, purchased, and used in Delaware on and after July 1, 2016 only as specified in 2.4.1 and 2.4.2 of this regulation.
05/09/1985 xx/xx/2013
The limits on sulfur content established by 2.0 of this regulation shall not apply to any fuel burning equipment employing emission control which limits sulfur dioxide emission to that which would result from burning, without emission control, a fuel permitted by 2.0 of this regulation. Any fuel burning equipment employing emission controls of SO2, being covered by a permit issued pursuant to 7 DE Admin. Code 1102, which limits SO2 emissions to less than that which would result from burning, without emission control, a fuel meeting the corresponding sulfur content limit in 2.0 of this regulation, may use fuel with a sulfur content greater than the corresponding limit in 2.0 of this regulation. In order to employ an emission control rather than sulfur content limits as a means of complying with this Regulation, an owner or operator of fuel burning equipment must demonstrate to the Department in advance that the equivalent emission will be achieved.
4.1 Oil samples shall be obtained using standard American Society for Testing and Materials (ASTM) methods ASTM D4057-06 “Practice for Manual Sampling of Petroleum and Petroleum Products,” or any alternative method approved by the Department and the U.S. Environmental Protection Agency (EPA).
5.4 For any transferee subject to requirements of a permit issued pursuant to 7 DE Admin. Code 1102, the records established pursuant to 5.1 of this regulation shall be maintained by the transferee for a minimum period of two (2) years from the date the record was generated.
Last Updated: December 31 1969 19:00:00.
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