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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2017

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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.
While the three remaining regulations noted above (7 DE Admin. Code 1108, 1109, and 1114) are also part of the aforementioned SIP Call, the Department is not proposing revisions to the same at this time. 7 DE Admin. Code 1109 and 1114 are at this present time being removed from the SIP. With regard to 7 DE Admin. Code 1108, the Department had already removed the offending SSM language when that regulation was last revised in 2013. As such, the Department is formally addressing all three of these remaining regulations, but not proposing any amendments to the same as part of this present action.
The Department has the statutory basis and legal authority to act with regard to the proposed regulatory Amendments and SIP revisions as referenced above, pursuant to 7 Del.C. Chapter 60. The aforementioned proposed Amendments and SIP revisions were initially published in the October 1, 2016 edition of the Delaware Register of Regulations, and were presented and thoroughly vetted by the Department at the public hearing held on October 25, 2016. Members of the public attended that hearing, however, no comment was received by the Department at that time. Consistent with 29 Del.C. §10118(a), the public hearing record remained open for public comment through November 9, 2016, however, none was received during the post-hearing phase of this promulgation. All proper notification and noticing requirements concerning the aforementioned regulatory Amendments and proposed SIP revisions were met by the Department in this matter.
Based on the record developed by the Department's experts and established by the Hearing Officer's Report, I find that the proposed Amendments to the following existing Delaware regulations: (1) 7 DE Admin. Code 1104, "Particulate Emissions from Fuel Burning Equipment"; (2) 7 DE Admin. Code 1105, "Particulate Emissions from Industrial Process Operations"; (3) 7 DE Admin. Code 1124, "Control of Volatile Organic Compound Emissions"; (4) 7 DE Admin. Code 1142, "Specific Emission Control Requirements", as well as the proposed revisions to the Delaware SIP, are well-supported. Therefore, the recommendations of the Hearing Officer are hereby adopted, and I direct that the same be promulgated as final.
1. The Department has the statutory basis and legal authority to act with regard to the proposed amendments to 7 DE Admin. Code 1104, "Particulate Emissions from Fuel Burning Equipment"; 7 DE Admin. Code 1105, "Particulate Emissions from Industrial Process Operations"; 7 DE Admin. Code 1124, "Control of Volatile Organic Compound Emissions"; and 7 DE Admin. Code 1142, "Specific Emission Control Requirements", as well as the proposed revisions to the Delaware SIP, 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 regulatory amendments and SIP revisions as final;
6. The Department has reviewed these proposed 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 regulation Amendments are required by federal law. Moreover, the Department believes these proposed regulatory Amendments to be lawful, feasible and desirable, and that the recommendations as proposed should be applicable to all Delaware citizens equally;
7. The Department's proposed SIP revision, as published in the October 1, 2016 Delaware Register of Regulations, and as set forth in Appendix "B" as noted above, is adequately supported, is not arbitrary or capricious, and is consistent with the applicable laws and regulations. Consequently, they are approved as final regulatory amendments, which shall go into effect ten days after its publication in the next available issue of the Delaware Register of Regulations; and
8. The Department shall submit this Order approving as final regulatory amendments to 7 DE Admin. Code 1104, "Particulate Emissions from Fuel Burning Equipment"; 7 DE Admin. Code 1105, "Particulate Emissions from Industrial Process Operations"; 7 DE Admin. Code 1124, "Control of Volatile Organic Compound Emissions"; and 7 DE Admin. Code 1142, "Specific Emission Control Requirements", as well as the proposed revisions to the Delaware SIP, to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
2.1. 7 DE Admin. Code 1104, Particulate Emissions from Fuel Burning Equipment
2.1.1. Delaware requests that EPA revise 7 DE Admin. Code 1104, Particulate Emissions from Fuel Burning Equipment, in the Delaware SIP as follows1:
1.5 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.
2.1 ReservedNo person shall cause or allow the emission of particulate matter in excess of 0.3 pound per million BTU heat input, maximum two-hour average, from any fuel burning equipment.
2.2 No person shall cause or allow the emission of particulate matter in excess of 0.3 pound per million BTU heat input, maximum 30-day rolling average, from any fuel burning equipment.
2.2. 7 DE Admin. Code 1105, Particulate Emissions from Industrial Process Operations
2.1.1. Delaware requests that EPA revise 7 DE Admin. Code 1105 Particulate Emissions from Industrial Process Operations, in the Delaware SIP as follows2:
1.7 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.
2.1 ReservedNo person shall cause or allow particulate emissions into the atmosphere from any source not provided for in subsequent sections of this Regulation in excess of 0.2 grains per standard cubic foot.
2.2 No person shall cause or allow particulate emissions into the atmosphere from any source not provided for in subsequent sections of this Regulation in excess of 0.2 grains per standard cubic foot on a 30-day rolling average basis.
2.3. 7 DE Admin. Code 1108, Sulfur Dioxide Emissions from Fuel Burning Equipment. For 7 DE Admin. Code 1108 the provision EPA identified as deficient (i.e., 1.2) was removed from the Regulation under Secretary’s Order (2013-A-0021), which was signed on 6/11/2013 and submitted to the EPA as a SIP revision. Since this SIP Call only deals with 1.2 of 1108, and since the revised regulation which does not include 1.2 was submitted to the EPA as a SIP revision, no further action is required under this SIP Call by Delaware relative to 7 DE Admin. Code 1108.
2.4. 7 DE Admin. Code 1109, Emissions of Sulfur Compounds from Industrial Operations. For 7 DE Admin. Code 1109 Delaware requests that the EPA remove the entire regulation from the Delaware SIP 3.
2.5. 7 DE Admin. Code 1114, Visible Emissions. For 7 DE Admin. Code 1114 Delaware requests that the EPA remove the entire regulation from the Delaware SIP 4.
2.6. 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions. For 7 DE Admin. Code 1124 Delaware requests that the EPA remove the provision EPA identified as deficient (1.4) from the Delaware SIP as follows:
1.4 ReservedThe 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.
2.7. 7 DE Admin. Code 1142, Section 2.0, Control of NOx Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries. For 7 DE Admin. Code 1142 Delaware requests that the EPA remove the provision EPA identified as deficient (2.3.1.6) from the Delaware SIP as follows:
2.3.1.6 ReservedThe standards set out in 2.3 of this regulation shall not apply to the start-up and shutdown of equipment when emissions from such equipment during a start-up and shutdown are addressed in an operation permit issued pursuant to the provisions of 7 DE Admin. Code 1102.

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Last Updated: December 31 1969 19:00:00.
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