DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Statutory Authority: 7 Delaware Code, Chapter 60, (7 Del.C. Ch. 60)
1116 Sources Having an Interstate Air Pollution Potential
Regulation No. 16 1116 Sources Having an Interstate Air Pollution Potential
Section 1 –
1.0 General Provisions
1.1 Air contaminant emissions within the jurisdiction of the State of Delaware must be controlled to the extent that a neighboring state regulation shall not be compromised.
1.2 Nothing contained in this regulation shall be construed as to allow to a lesser degree of control as may be required by any additional regulation adopted by the Department.
Section 2 –
2.1 This regulation shall apply to air contaminant sources only when the following factors are satisfied:
a. The receptor state has adopted a similar, reciprocal measure.
b. The receptor state has adopted ambient air quality criteria or standards for the area and air contaminant in question and had demonstrated that such measures are being enforced.
c. The receptor state demonstrates, to the satisfaction of the Department that a source within the State of Delaware is substantially affecting such established criteria or standards.
Section 3 –
3.1 The Department shall require existing sources of air contaminants, whose emissions are carried into a neighboring state, to control their emissions to such an extent as to not substantially affect the ambient air quality in the receptor state.
3.2 All new sources of air contaminants, whose emissions are carried into a neighboring state, shall control their emissions to such an extent as to not substantially affect the ambient air quality of the receptor state.
12 DE Reg. 29 (07/01/08) (Prop.)