Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2013

Table of Contents Previous Next

Authenticated PDF Version

7 DE Admin. Code 1108
1108 Sulfur Dioxide Emissions From Fuel Burning Equipment
This Order considers proposed revised regulations to amend 7 DE Admin. Code 1108, Sulfur Dioxide Emissions from Fuel Burning Equipment. The Department’s Division of Air Quality commenced the regulatory development process with Start Action Notice 2012-06. The Department published its initial proposed regulation Amendments in the April 1, 2013 Delaware Register of Regulations, and held a public hearing on April 24, 2013. It should be noted that public comment was received from both the Delaware Chapter of the Sierra Club and the U.S. Department of Defense by the Department with regard to this proposed promulgation, and the Department provided a very thorough and detailed response to the same.
The proposed revised amendments to 7 DE Admin. Code 1108 will reduce the allowable content of sulfur in fuel oils combusted in Delaware, and to effectively reduce the emission of sulfur dioxide (SO2) into the atmosphere. These proposed changes will aide in the attainment and maintenance of Delaware’s air quality relative to the SO2 and fine particulate matter (PM2.5) 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. It should be noted that other North-East and Mid-Atlantic states are adopting similar regulations as well.
I find that the proposed revised Amendments are well-supported by the record developed by the Department, and I adopt the Report to the extent it is consistent with this Order. The Department’s experts developed the record and drafted the proposed Amendments. I find that the Department’s experts in the Division of Air Quality fully developed the record to support adoption of these revised Amendments. With the adoption of this Order, Delaware will lower sulfur content in residual fuel from 10,000 ppm to 5,000 ppm, in distillate fuel from 3,000 ppm to 15 ppm, and to set up a compliance date of July 1, 2016. DAQ also proposes to add necessary recordkeeping and reporting requirements to ensure compliance of the regulation. The new limits shall apply to all three counties in Delaware.
4.) The Department’s Hearing Officer’s Report, including its recommended record and the recommended revised Amendments, as set forth in Appendix A, are adopted to provide additional reasons and findings for this Order;
5.) The recommended revised Amendments should be adopted as final regulation Amendments because Delaware will be able to (1) reduce the allowable content of sulfur in fuel oils combusted in Delaware; (2) effectively reduce the emission of sulfur dioxide (SO2) into the atmosphere; (3) the aforementioned reduction will also reduce acid rain, and will aid in reaching visibility goals of the federal regional haze program; and, lastly, because (4) the amendments are well supported by documents in the record;
6.) Specifically, the aforementioned proposed revised amendments to 7 DE Admin. Code 1108 will enable Delaware to do the following: (1) revise the current sulfur content limit in residual fuel from 1% to 0.5%; (2) revise the current sulfur content limit in distillate fuel from the current 0.3% to 15 ppm; (3) for any other fuel, the current sulfur limit of 1% shall be retained; (4) all aforementioned sulfur content limits shall apply to all three counties of Delaware; (5) the compliance date for said sulfur content limits shall be July 1, 2016; (6) revise Section 4.2 to allow using ASTM method D2622, and any alternative method found in 40 CFR 80.580, to provide flexibility; (7) create a detailed certification and recordkeeping section; and (8) provide clarifying language to the existing language contained in 7 DE Admin. Code 1108 as so to provide clarity and a better understanding to the general public and the regulated community with regard to this regulation;
7.) The Department shall submit this Order approving the final revised regulation 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.
12/08/1983 07/11/2013
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, [operations or] fluid catalytic cracking [or] catalyst regeneration [operations].
1.43 This regulation shall not apply to fuels used by watercraft.
05/09/1985 07/11/2013
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 07/11/2013
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.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov