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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2016

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Statutory Authority: 7 Delaware Code, Chapter 60; (7 Del.C., Ch. 60)
7 DE Admin. Code 1125
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (“Department” or “DNREC”) pursuant to 7 Del.C. §§6006, 6010, the following findings of fact based on the record, reasons and conclusions are entered as an Order of the Secretary in the above-referenced regulatory proceeding.
This Order relates to proposed revised regulation Amendments to 7 DE Admin. Code §1125, Requirements for Preconstruction Review, specifically, to revise Table 1-1, “Global Warming Potentials”. The Department’s Division of Air Quality (“DAQ”) commenced the regulatory development process with Start Action Notice 2016-12 dated July 25, 2016. The Department published its initial proposed regulation Amendments in the October 1, 2016 Delaware Register of Regulations. The Department then held a public hearing on October 25, 2016. Consistent with 29 Del.C. §10118(a), the public hearing record remained open for public comment through November 9, 2016.
GHG is a regulated pollutant under the federal Clean Air Act, and is specifically regulated under the Prevention of Significant Deterioration of Air Quality (“PSD”) provisions of 7 DE Admin. Code §1125. The EPA has published two final rules to amend the GHG reporting program, which impact Table 1-1 of 7 DE Admin. Code §1125. The first rule, published on November 29, 2013, revised the global warming potential (“GWP”) values of 23 of the 32 compounds that appear in Table 1-1. The second rule, published on December 11, 2014, added 30 new compounds to the EPA list of GHG. In this present action, the Department proposes to revise Table 1-1 to update the GWP values, and to include the new GHG compounds as provided for in the two EPA rules referenced above.
It should be noted that the Department identified a typographical error in the initial proposed Amendments published by the Delaware Register of Regulations on October 1, 2016. In Table 1-1 of the October 1, 2016 version of these proposed Amendments, the chemical formula for PFC-1114, also known as tetrafluoroethylene, should have been listed as C2F4.This error was corrected prior to the public hearing of October 25, 2016, and the proposed revised regulatory Amendments presented at the public hearing provided the correct chemical formula. It should also be noted that all proper notification and noticing requirements concerning this matter were met by the Department. Proper notice of the hearing was provided as required by law.
The aforementioned proposed revised Amendments were presented and thoroughly vetted by the Department at the public hearing on October 25, 2016. Members of the public attended that public hearing, however, no additional comment was received by the Department at that time, nor at any time prior to the hearing record closing on November 9, 2016. All proper notification and noticing requirements concerning this matter were met by the Department. Proper notice of the hearing was provided as required by law.
Based on the record developed by the Department’s experts and established by the Hearing Officer’s Report, I find that the proposed regulatory Amendments to 7 DE Admin. Code §1125, Requirements for Preconstruction Review, specifically, to revise Table 1-1, “Global Warming Potentials”, are well-supported. Therefore, the recommendations of the Hearing Officer are hereby adopted, and I direct that the proposed regulatory Amendments be promulgated as final.
I find that the Department’s experts in the Division of Air Quality fully developed the record to support adoption of these revised regulatory Amendments. The adoption of these revised regulatory Amendments will allow Delaware to revise Table 1-1 as contained in the existing regulation, in order to update the GWP values, and to include the new GHG compounds as provided for in the two EPA rules referenced above.
1. The Department has the statutory basis and legal authority to act with regard to the proposed revised amendments to 7 DE Admin. Code §1125, Requirements for Preconstruction Review, specifically, to revise Table 1-1, “Global Warming Potentials”, pursuant to 7 Del.C., Ch. 60;
2. The Department has jurisdiction under its statutory authority, pursuant to 7 Del.C., Ch. 60, to issue an Order adopting these proposed revised regulatory amendments as final;
3. The Department provided adequate public notice of the proposed regulatory amendments and all proceedings in a manner required by the law and regulations, provided the public with an adequate opportunity to comment on the proposed revised regulatory amendments, including at the time of the public hearing held on October 25, 2016, and held the record open through close of business on November 9, 2016, consistent with 29 Del.C. §10118(a), in order to consider public comment on these proposed revised regulatory amendments before making any final decision;
4. While the Department has made revisions to the initial proposed regulatory amendments to 7 DE Admin. Code §1125 to correct a typographical error as referenced above, such changes are non-substantive, as they neither alter the meaning or intent of the proposed regulatory amendments, and therefore no additional re-publication or noticing of this proposed regulation is necessitated at this time;
6. Promulgation of the proposed revised regulatory amendments to 7 DE Admin. Code §1125, Requirements for Preconstruction Review, specifically, to revise Table 1-1, “Global Warming Potentials”, will enable the Department to mirror federal requirements by revising Table 1-1 to update the GWP values, and to include the new GHG compounds as provided for in the two EPA rules published on November 29, 2013 and December 11, 2014, as referenced above;
7. The Department has reviewed these proposed revised regulatory amendments in the light of the Regulatory Flexibility Act, consistent with 29 Del.C. Ch. 104 (version applicable to all regulations initially published on or after January 1, 2016), and has selected Exemption “B5” regarding same, as the proposed revised regulation Amendments are required by federal law (EPA has revised its table of global warming values, which changes the calculation of GHG emissions). Moreover, the Department believes these proposed revised regulatory Amendments to be lawful, feasible and desirable, and that the recommendations as proposed should be applicable to all Delaware citizens equally;
8. The Department’s proposed revised regulatory amendments, as set forth in Appendix “A” hereto, are adequately supported, are not arbitrary or capricious, and are consistent with the applicable laws and regulations. Consequently, they should be approved as final regulatory amendments, which shall go into effect ten days after their publication in the next available issue of the Delaware Register of Regulations; and
9. The Department shall submit this Order approving as final the proposed Amendments to 7 DE Admin. Code §1125, Requirements for Preconstruction Review, specifically, to revise Table 1-1, “Global Warming Potentials”, to the Delaware Register of Regulations publication in its next available issue, and provide such other notice as the law and regulation require and as the Department determines is appropriate.
01/11/14 [xx12]/11/2016
1.5 Any emission limitation represented by Lowest Achievable Emission Rate (LAER) may be imposed by the Department pursuant to regulations adopted under Section 2.0 of this regulation herein notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100 Regulations Governing the Control of Air Pollution.
1.6 Any emission limitation represented by Best Available Control Technology (BACT) may be imposed by the Department pursuant to regulations adopted under Section 3.0 of this regulation herein notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100, Regulations Governing the Control of Air Pollution.
1.8 Any stationary source that implements, for the purpose of gaining relief from Section 3.0 of this regulation, by any physical or operational limitation on the capacity of the source to emit a pollutant, including (but not limited to) air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design and the limitation or the effect it would have on emissions is enforceable, not withstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100 Regulations Governing the Control of Air Pollution. If a source petitions the Department for relief from any resulting limitation described above, the source is subject to review under Section 2.0 and Section 3.0 of this regulation as though construction had not yet commenced on the source or modification.
Actual Emissions means the actual rate of emissions of a pollutant from an emission unit, as determined in accordance with the three subparagraphs below.
Allowable Emissions means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits, which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
The applicable standards as set forth in 7 DE Admin. Code 1120 and 1121;
Baseline Area means any intrastate area (and every part thereof) designated as attainment or unclassifiable in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact of the pollutant for which the baseline date is established, as follows: equal to or greater than one µg/m3 (annual average). for SO2, NO2, or PM10; or equal to or greater than 0.3 µg/m3 (annual average) for PM2.5.
Baseline Concentration means that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:
Begin Actual Construction means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.
Best Available Control Technology (BACT) means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under CAA which would be emitted from any proposed major stationary source or major modification which the Department, on a case-by-case basis, takes into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 7 DE Admin. Code 1120 and 1121. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.
Building, Structure, Facility, or Installation means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same ”Major Group” (i.e., which have the same first two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively). For purposes of Section 2.0 of this regulation for VOC and NOx pollutant-emitting activities, this definition shall apply only to the “Building, Structure or Facility”.
Commence as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has:
Complete means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application.
Condensable Particulate Matter means material that is vapor phase at stack conditions, but condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid PM immediately after discharge from the stack. Note that all condensable PM is assumed to be in the PM2.5 size fraction.
Construction means any physical change or change in the method of operation (including fabrication, erection, installation, demolition or modification of an emissions unit) which would result in a change in actual emissions.
Direct Particulate Mattermeans particles that enter the atmosphere as a direct emission from a stack or an open source. Direct PM comprises two components: filterable PM and condensable PM. These two PM components have no upper particle size limit.
Direct PM2.5 means combined filterable PM2.5 and condensable PM with an aerodynamic diameter less than or equal to 2.5 micrometers. These solid particles are emitted directly from an air emissions source or activity, or are the gaseous emissions or liquid droplets from an air emissions source or activity that condense to form PM at ambient temperatures. Direct PM2.5 emissions include elemental carbon, directly emitted organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic particles (including but not limited to crustal material, metals, and sea salt).
Emissions Unit means any part of a stationary source which emits or would have the potential to emit any pollutant subject to regulation under the CAA.
Enforceable means any standard, requirement, limitation or condition established by an applicable federal or state regulation or specified in a permit issued or order entered thereunder, or contained in a SIP approved by the Administrator of the U.S. Environmental Protection Agency (EPA), and which can be enforced by the Department and the Administrator of the EPA.
Filterable PM means particles that are emitted directly by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train.
Fixed capital costmeans the capital needed to provide all the depreciable components.
Fugitive Emissions means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
“Greenhouse Gases (GHG)” means an air pollutant composed of an aggregate group of six greenhouse gases; carbon dioxide (CO2), nitrous oxide (N2O), methane (CH4), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6). For the purposes of this regulation, the term CO2equivalent emissions (CO2e) shall represent an amount of GHG emitted, and shall be computed as follows;
21 25
N2O
310 298
11,700 14,800
CH2F2
650 675
CH3F
150 92
C2HF5
2,800 3,500
C2H2F4
1,000 1,100
CH2FCF3
1,300 1,430
C2H3F3
300 353
C2H3F3
3,800 4,470
CH2FCH2F
CH3CHF2
140 124
CH3CH2F
CF3CF2CHF2
C3HF7
2,900 3,220
CH2FCF2CF3
CHF2CHFCF3
C3H2F6
6,300 9,810
C3H3F5
560 693
CF3CF2CH3
CHF2CHFCHF2
CH2FCHFCF3
CHF2CH2CF3
CH3CH2CF3
CH3CF2CH3
CHF2CF2CF2CF3
CH3CF2CH2CF3
CF3CFHCFHCF2CF3
1,300 1,640
CF2=CH2
CH2=CHF
CF3CF=CHF(E)
CF3CF=CHF(Z)
CF3CF=CH2
(trans)-CF3CH=CHF
(cis)-CF3CH=CHF
CF3CH=CH2
CF3CH=CHCF3(Z)
C2F5CH=CH2
CF3(CF2)3CH=CH2
CF3(CF2)5CH=CH2
CF3(CF2)7CH=CH2
23,900 22,800
6,500 7,390
C2F6
9,200 12,200
C3F8
7,000 8,830
C3F6
C4F10
7,000 8,860
PFC-318 (Perfluorocyclobutane)
C4F8
8,700 10,300
C5F12
7,500 9,160
C6F14
7,400 9,300
CF3(CF2)5CF3
CF3(CF2)6CF3
PFC–9–1–18 (perfluorodecalin)
C10F18
Z-C10F18
E-C10F18
[C2F2 C2F4]
CF3CF=CF2
c-C5F8
CF3CF=CFCF3
CF3CF2CF=CF2
CF2=CFCF=CF2
Innovative Control Technology means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy economics, or non-air quality environmental impacts.
Lowest Achievable Emission Rate (LAER) means the same as defined in 7 DE Admin. Code 1101, "Definitions and Administrative Principles".
Major Modification
“Major Source Baseline Date” means in the case of PM10 and SO2, January 6, 1975; in the case of NO2, February 8, 1988; and, in the case of PM2.5, October 20, 2010.
Major Stationary Source - See subsection 2.2 and subsection 3.1 of this regulation.
“Minor Source Baseline Date
• Minor Source Baseline date means the earliest date after August 7, 1977 in the case of PM10 and SO2; after February 8, 1988 in the case of NO2; and, after October 20, 2011 in the case of PM2.5, on which the first complete application is submitted by a major stationary source or major modification subject to the requirements of Section 3.0 of this regulation.
Necessary Preconstruction Approvals or Permits means those permits or approvals required under Delaware air quality control laws and regulations.
Net Emissions Increase
Ozone Transport Region means the region designated by section 184 of the federal Clean Air Act and comprised of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan Statistical Area that includes the District of Columbia and northern Virginia.
Permanent (Reductions) means that the actual emission reductions submitted to the Department for certification have been incorporated in a permit or a permit condition or, in the case of a shutdown, the permit to operate for the emission unit or units has been voided.
Potential to Emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.
Quantifiable (Reductions) means that the amount, rate and characteristics of emission reductions can be determined by methods that are considered reliable by the Department and the Administrator of the EPA.
Real (Reductions) means reductions in actual emissions released into the atmosphere.
Reconstruction will be presumed to have taken place where the fixed capital cost of the new components exceeds 50% of the fixed capital cost of a comparable entirely new stationary source. Any final decision as to whether reconstruction has occurred shall be made in accordance with the provisions of 40 CFR 60.15(f)(1)-(3). A reconstructed stationary source will be treated as a new stationary source for purposes of this regulation. In determining lowest achievable emission rate (LAER) for a reconstructed stationary source, the provisions of 40 CFR 60.15(f)(4) shall be taken into account in assessing whether a new source performance standard is applicable to such stationary source.
Secondary Emissions means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this regulation, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions may include, but are not limited to:
Significant”
PM10 particulate: 15 TPY
PM2.5: 10 TPY of direct PM2.5 emissions; 40 TPY of sulfur dioxide emissions; 40 TPY nitrogen oxide emissions.
Stationary Source means any building, structure, facility or installation which emits or may emit any air pollutant subject to regulation under the CAA.
“Subject to Regulation” means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by EPA, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that GHG shall not be subject to regulation except as follows:
At an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO2e or more.
Surplus (Reductions) means actual emission reductions below the baseline (see subsection 2.5.2 of this regulation) not required by regulations or proposed regulations, and not used by the source to meet any state or federal regulatory requirements.
09/11/2013 [xx12]/11/2016
2.1 Applicability - The provisions of Section 2.0 of this regulation shall apply to any person responsible for any proposed new major stationary source or any proposed major modification.
2.2 For purposes of Section 2.0 of this regulation, "major stationary source" means:
2.2.3 Any physical change that would occur at a stationary source not qualifying under subsection 2.2.1 or subsection 2.2.2 of this regulation as a major stationary source, if the change would constitute a major stationary source by itself, or
2.2.5 Nitrogen oxides and SO2 shall be considered as precursors, and are considered nonattainment pollutants in any PM2.5 nonattainment area.
2.3 For the purposes of subsection 2.4 and subsection 2.5 of this regulation, emission units located in areas designated as attainment or marginal nonattainment areas that are located within the ozone transport region shall be considered located in a moderate ozone nonattainment area.
2.4 Conditions for Approval - No person subject to the provisions of subsection 2.1 of this regulation shall install a major stationary source of volatile organic compounds or of nitrogen oxides, PM2.5, or sulfur oxides or make a major modification to a source which will cause or contribute to any violation of the national ambient air quality standards for ozone or PM2.5 within an area of non-attainment for that pollutant unless the following conditions are met:
2.4.4 The application for construction permit pursuant to 7 DE Admin. Code 1102 shall include an analysis of alternative sites, sizes, production processes and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.
2.4.5 Public participation for the construction permit shall be pursuant to subsection 12.3 or subsection 12.4 and subsection 12.5 of 7 DE Admin. Code 1102.
2.5.5 Emission reductions shall not be used as offsets in an area with a higher nonattainment classification than the one in which they were generated. For the purpose of subsection 2.5.5, because the following states significantly contribute to non-attainment, or interfere with maintenance, of the ozone National Ambient Air Quality Standard in Delaware, the Department may consider any area in the following states as having the same nonattainment classification as the area of Delaware where the offsets are used: Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.
2.5.7 The Department may allow the offset requirement in subsection 2.5 of this regulation for direct PM2.5 emissions or precursors of PM2.5 (sulfur dioxide or NOx) to be satisfied by offsetting reductions in direct PM2.5 emissions or emissions of sulfur dioxide or NOx using a ratio approved by the Department for the nonattainment area after public review and comment. Prior to making a final determination on the interpollutant trading ratios for a nonattainment area, the Department shall submit the interpollutant trading ratios and supporting information to the EPA for concurrence.
2.6 Emission reductions generated in a state other than Delaware and which are placed in the emissions bank established pursuant to 7 DE Admin. Code 1134 may be used as offsets provided they are federally enforceable and meet, at a minimum, all the provisions of 7 DE Admin. Code 1134 and subsection 2.5.5, and subsection 2.5.6 of this regulation.
3.1 Definitions - For the purposes of Section 3.0 of this regulation:
Major Stationary Source means:
PM2.5:
PM10:
PM2.5:
PM10:
PM2.5:
PM10:
3.5.1.1 Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under sections 2(a) and 2(b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the effective date of such an order;
3.5.2 No exclusion of such concentrations shall apply more than five years after the effective date of the order to which subsection 3.5.1.1 of this regulation refers or the plan to which subsection 3.5.1.2 of this regulation refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five years after the later of such effective dates.
The provisions of 7 DE Admin. Code 1127 - STACK HEIGHTS, are applicable to subsection 3.6 of this regulation.
3.7.1 No stationary source or modification to which the requirements of subsection 3.8 through subsection 3.15 of this regulation apply shall begin actual construction without a permit which states that the stationary source or modification would meet those requirements. The Department has authority to issue any such permit.
3.7.2 The requirements of subsection 3.8 through subsection 3.15 of this regulation shall apply to any major stationary source and any major modification with respect to each pollutant subject to regulation under the CAA that it would emit, except as Section 3.0 of this regulation otherwise provides.
3.7.3 The requirements of subsection 3.8 through subsection 3.15 of this regulation apply only to any major stationary source or major modification that would be constructed in an area designated as attainment or unclassifiable.
3.7.4 The requirements of subsection 3.8 through subsection 3.15 of this regulation shall not apply to a particular major stationary source or major modification, if:
3.7.5 The requirements of subsection 3.8 through subsection 3.15 of this regulation shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as non-attainment.
3.7.6 The requirements of subsection 3.9, subsection 3.11, and subsection 3.13 of this regulation shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification:
3.7.7 The Department may exempt a stationary source or modification from the requirements of subsection 3.11 of this regulation with respect to monitoring for a particular pollutant if:
Carbon monoxide: 575 ug/m3, eight-hour average;
Nitrogen dioxide: 14 ug/m3, annual average;
Sulfur dioxide: 13 ug/m3, 24-hour average;
Lead: 0.1 ug/m3, 3-month average;
Mercury: 0.25 ug/m3, 24-hour average;
Beryllium: 0.0005 ug/m3, 24-hour average;
Fluorides: 0.25 ug/m3, 24-hour average;
Vinyl chloride: 15 ug/m3, 24-hour average;
Total reduced sulfur: 10 ug/m3, one-hour average;
Hydrogen sulfide: 0.04 ug/m3, one-hour average;
PM10 particulate: 10 ug/m3, 24-hour average
PM2.5: 4 µg/m3, 24-hour average
3.7.7.2 The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in subsection 3.7.7.1 of this regulation, or the pollutant is not listed in subsection 3.7.7.1 of this regulation.
3.9.2 The demonstration required in subsection 3.9.1 of this regulation will be deemed to have been made if the emissions increase from the new stationary source alone or the modification alone would cause, in all areas, air quality impacts less than the following significant impact levels:
PM2.5
3.10.1 All estimates of ambient concentrations required under Section 3.0 of this regulation shall be based on the applicable air quality models, databases, and other requirements specified in the "Guideline on Air Quality Models" (OA-QPS 1.2-080, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, April, 1978 or its subsequent revisions). This document is incorporated by reference.
3.10.2 When an air quality impact model specified in the "Guideline on Air Quality Models" is inappropriate, the model may be modified or another model substituted. Such a change must be subject to the notice and opportunity for public comment under 3.15 subsection 3.14 of this regulation. Written approval of the Department must be obtained for any modification or substitution. Methods like those outlined in the "Workbook for the Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 17711, May, 1978 or its subsequent revisions) should be used to determine the comparability of air quality models.
3.11.1.1 Any application for a permit under Section 3.0 of this regulation shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants:
3.12.1 With respect to a source or modification to which subsection 3.9, subsection 3.11, and subsection 3.13 of this regulation apply, such information shall include but not be limited to:
3.15.1 Any owner or operator who constructs or operates a source or modification not in accordance with the application submitted pursuant to Section 3.0 of this regulation or with the terms of any approval to construct, or any owner or operator of a source or modification subject to Section 3.0 of this regulation who commences construction after the effective date of these regulations without applying for and receiving approval hereunder, shall be subject to appropriate enforcement action.
3.16.2.2 The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under subsection 3.8.2 of this regulation by a date specified by the Department. Such date shall not be later than four years from the time of startup or seven years from permit issuance;
3.16.2.3 The source or modification would meet the requirements of subsection 3.8 and subsection 3.9 of this regulation based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Department;
3.16.4 If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with subsection 3.16.3 of this regulation, the Department may allow the source or modification up to an additional three years to meet the requirement for the application of best available control technology through use of a demonstrated system of control.
08/11/2005 [xx12]/11/2016
4.1 Applicability. The requirements of subsection 4.3 of this regulation shall apply to any person responsible for any proposed new stationary source, the construction of which:
4.1.1 was applied for, pursuant to Section 11.0 of 7 DE Admin. Code 1102, after August 11, 2005 and
4.1.3 is not subject to the requirements of Section 2.0 or Section 3.0 of this regulation, and
4.1.4 has a potential to emit of equal to or greater than five tons per year of volatile organic compounds (VOC’s) or, nitrogen oxides (NOx), or sulfur dioxide (SO2) or sulfur trioxide (SO3) or both [also termed sulfur oxides (SOx)] or, fine particulate matter (PM2.5), or, the potential to emit of equal to or greater than five tone tons per year, in the aggregate, of any of the hazardous air pollutants (HAP’s) listed in Section 112(b) of the federal Clean Air Act.
4.2 Record keeping. Any person exempted from the requirements of subsection 4.3 of this regulation because the proposed source has emissions below the thresholds provided for in subsection 4.1.4 of this regulation shall include with the application submitted pursuant to subsection 11.1 of 7 DE Admin. Code 1102, documentation that shows the proposed source is exempted.
4.3 Conditions for Approval. Any person subject to the provisions of subsection 4.3 of this regulation shall meet the appropriate requirements of subsection 4.3.1 and subsection 4.3.2 of this regulation:
4.3.1 The new stationary source shall, relative to each pollutant identified in subsection 4.1.4 of this regulation, be controlled by installing and operating emission control technology that limits emissions to the atmosphere by utilizing any one of the following options listed below. The Department will assist in the development of appropriate emission control technology determinations if requested by the applicant.
4.3.1.4.2 List the control technologies identified in subsection 4.3.1.4.1 of this regulation in descending order of air pollution control effectiveness.
4.3.1.4.3 Either propose the most effective technology on the list generated under subsection 4.3.1.4.2 of this regulation for approval by the Department, or demonstrate, based on the criteria in subsection 4.3.1.4.3.1 through subsection 4.3.1.4.3.4 of this regulation below, that the most effective technology is infeasible or unreasonable. This process for evaluation shall be repeated relative to each emission control technology on the list generated under subsection 4.3.1.4.2 of this regulation until an emission control technology is reached that is not eliminated.
Last Updated: December 31 1969 19:00:00.
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