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 2017

Authenticated PDF Version

7 DE Admin. Code 1120
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 and 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 regulatory Amendments to 7 DE Admin. Code 1120, New Source Performance Standards ("Amendments"), to wit: the adoption of a new Section 30.0 (as required by 40 CFR Part 60, Subpart XXX and 40 CFR Part 60, Subpart Cf), and proposed revisions to Delaware's State Plan for the Regulation of Air Emissions from Municipal Solid Waste Landfills, hereinafter referred to as Delaware's "Section 111(d) State Plan".
The Department proposes to adopt the aforementioned Amendments in order for Delaware to incorporate the federal requirements found in Subpart XXX of 40 CFR Part 60 by reference into a new Section 30.0 of 7 DE Admin. Code 1120. To satisfy the federal requirements found in Subpart Cf of 40 CFR Part 60, the applicability of Section 30.0 will be expanded, such that it will apply to all MSWLs, i.e., both existing and new MSWLs. Once this proposed regulatory promulgation is finalized by the Department, both the newly adopted Section 30.0 of 7 DE Admin. Code 1120 and the revisions to Delaware's Section 111(d) Plan will be submitted to EPA for approval.
The Department's Division of Air Quality commenced the regulatory development process with Start Action Notice ("SAN") #2017-03 dated February 20, 2017. The Department published its initial proposed regulation Amendments in the April 1, 2017 Delaware Register of Regulations. The Department then held a public hearing on April 24, 2017. Consistent with 29 Del.C. §10118(a), the public hearing record remained open for public comment through May 10, 2017.
Members of the public attended the April 24, 2017 public hearing; however, no comment was received by the Department at that time, nor at any subsequent time prior to the hearing record closing with regard to public comment on May 10, 2017. Written comment was, however, received by the Department from the Delaware Solid Waste Authority ("DSWA") prior to the time of the April 24, 2017 public hearing, which provided updated data for each of its three MSWLs. This updated information was then incorporated by Department staff into the table in Section IV of Delaware's Section 111(d) State Plan, and was fully vetted to the public at the time of the aforementioned public hearing. No further public re-noticing or re-publication of this proposed regulatory promulgation is necessary at this time, given that the additions to Delaware's revised Section 111(d) State Plan consist only of updated descriptions of the DSWA facilities, are non-substantive in nature; and are not essential to either the proposed Amendments or Delaware's revised Section 111(d) State Plan. 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.
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 1120, New Source Performance Standards, to wit: the adoption of a new Section 30.0 (as required by 40 CFR Part 60, Subpart XXX and 40 CFR Part 60, Subpart Cf), and proposed revisions to Delaware's Section 111(d) State Plan for the Regulation of Air Emissions from Municipal Solid Waste Landfills, 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.
1. The Department has the statutory basis and legal authority to act with regard to the proposed amendments to 7 DE Admin. Code 1120, New Source Performance Standards, to wit: the adoption of a new Section 30.0 (as required by 40 CFR Part 60, Subpart XXX and 40 CFR Part 60, Subpart Cf); and proposed revisions to Delaware's Section 111(d) State Plan for the Regulation of Air Emissions from Municipal Solid Waste Landfills, 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 proposed revisions to Delaware's Section 111(d) State Plan as final;
4. While the Department made revisions to the initial proposed Delaware's Section 111(d) State Plan as set forth above, such changes were made prior to the public hearing of April 24, 2017, and were all fully vetted to the public as referenced above. Moreover, since no additional comment was received by the Department subsequent to the aforementioned public hearing, no other changes were made to either the proposed Amendments or Delaware's Section 111(d) State Plan as a result of the same. Therefore, no additional re-publication or re-noticing is necessitated at this time;
5. Promulgation of the proposed regulatory amendments to 7 DE Admin. Code 1120, New Source Performance Standards, to wit: the adoption of a new Section 30.0 (as required by 40 CFR Part 60, Subpart XXX and 40 CFR Part 60, Subpart Cf); and proposed revisions to Delaware's Section 111(d) State Plan for the Regulation of Air Emissions from Municipal Solid Waste Landfills, will enable the Department to incorporate the federal requirements found in Subpart XXX of 40 CFR Part 60 by reference into a new Section 30.0 of 7 DE Admin. Code 1120. To satisfy the federal requirements found in Subpart Cf of 40 CFR Part 60, the applicability of Section 30.0 will be expanded, such that it will apply to all MSWLs, i.e., both existing and new MSWLs. Moreover, the adoption of the aforementioned federal requirements will enable Delaware to further reduce the public health risks associated with VOC and methane emissions from MSWLs. Once this proposed regulatory promulgation is finalized by the Department, both the newly adopted Section 30.0 of 7 DE Admin. Code 1120 and the revisions to Delaware's Section 111(d) State Plan will be submitted to EPA for approval;
7. The Department has reviewed these proposed regulatory amendments and revisions to Delaware's Section 111(d) State Plan 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 "A" regarding same, as this proposed regulation is not subject to Chapter 104, Title 29 of the Delaware Code, because it will not apply to small businesses or individuals at all;
8. The Department's proposed regulatory Amendments and revisions to Delaware's Section 111(d) State Plan, as published in the April 1, 2017 Delaware Register of Regulations, and as fully vetted at the public hearing of April 24, 2017 as noted above, are adequately supported, are not arbitrary or capricious, and are consistent with the applicable laws and regulations. Consequently, they are approved as final regulatory Amendments and revisions to Delaware's Section 111(d) State Plan, 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 1120, New Source Performance Standards, to wit: the adoption of a new Section 30.0 (as required by 40 CFR Part 60, Subpart XXX and 40 CFR Part 60, Subpart Cf); and the proposed revisions to Delaware's Section 111(d) State Plan for the Regulation of Air Emissions from Municipal Solid Waste Landfills 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.
1.3.11 For systems other than opacity, one-hour averages shall be computed from four or more data points, equally spaced over each one-hour period. Data recorded during periods of system breakdown, repairs, calibration checks, and zero and span adjustments shall not be included in the data averages computed under 1.0 of this regulation. An arithmetic or integrated average of all data may be used. The data output of all continuous monitoring systems may be recorded in reduced or nonreduced form (e.g., ppm pollutant and percent O2 or lb/million BTU of pollutant). All excess emissions shall be converted into units of standard using the applicable conversion procedures specified in applicable provisions of this regulation. After conversion into units of the standard, the data may be rounded to the same number of significant digits used in applicable provisions of this regulation to specify the applicable standard (e.g., rounded to the nearest 1% opacity).
1.7.1 The words "Act" and "Subpart A" are replaced by the words 7 DE Admin. Code 1101, DEFINITIONS AND ADMINISTRATIVE PRINCIPLES of the State of Delaware Regulations Governing the Control of Air Pollution."
%O2 = oxygen content by volume (expressed as %), dry basis. Percent Oxygen shall be determined by using the integrated or grab sampling and analysis procedures of Method 3 as applicable. The sample shall be obtained as follows:
4.1 The words "Act" and "Subpart A" are replaced by the words 7 DE Admin. Code 1101, DEFINITIONS AND ADMINISTRATIVE PRINCIPLES of the State of Delaware Regulations Governing the Control of Air Pollution".
8.3.1 Contain acid mist, expressed as H2SO4, in excess of 0.075 kg per metric ton of acid produced (0.15 lb per ton), the production being expressed as 100% H2SO4.
8.4.1 A continuous monitoring system for the measurement of sulfur dioxide shall be installed, calibrated, maintained, and operated by the person responsible for the applicable source. The pollutant gas used to prepare calibration gas mixtures under 2.1 of this regulation, Performance Specification 2 and for calibration checks under 1.3.5 of this regulation shall be sulfur dioxide (SO2). Reference Method 8 shall be used for conducting monitoring system performance evaluation under 1.3.3 of this regulation except that only the sulfur dioxide portion of the Method 8 results shall be used. The span shall be set at 1,000 ppm of sulfur dioxide.
CF = conversion factor (kg/metric ton per ppm, lb/short ton per ppm).
For determining CF in metric units, k = 0.0653.
For determining CF in English units, k = 0.1306.
8.5.4 Acid production rate, expressed in metric tons per hour of 100% H2SO4, shall be determined during each testing period by suitable methods and shall be confirmed by a material balance over the production system.
8.5.5 Acid mist and sulfur dioxide emissions, expressed in g/metric ton of 100% H2SO4, shall be determined by dividing the emission rate in g/hr by the acid production rate. The emission rate shall be determined by the equation, g/hr = Qs x C, where Qs = volumetric flow rate of the effluent in dscm/hr as determined in accordance with 8.5.2.3 of this regulation, and C = acid mist and SO2 concentrations in g/dscm as determined in accordance with 8.5.2.1 of this regulation.
Anthracite means coal that is classified as anthracite according to the American Society of Testing and Materials' (ASTM) Standard Specification for Classification of Coals by Rank D388-66.
Available purchase power means the lesser of the following:
Available system capacity means the capacity determined by subtracting the system load and the system emergency reserves from the net system capacity.
Boiler operating day means a 24-hour period during which fossil fuel is combusted in a steam generating unit for the entire 24 hours.
Coal refuse means waste products of coal mining, physical coal cleaning, and coal preparation operations (e.g. culm, gob, etc.) containing coal, matrix material, clay, and other organic and inorganic material.
Combined cycle gas turbine means a stationary turbine combustion system where heat from the turbine exhaust gases is recovered by a steam generating unit.
Electric utility steam generating unit means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
Electric utility companymeans the largest interconnected organization business, or governmental entity that generates electric power for sale (e.g., a holding company with operating subsidiary companies).
Emergency condition means that period of time when:
Electric utility combined cycle gas turbine means any combined cycle gas turbine used for electric generation that is constructed for the purpose of supplying more than one -third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam distribution system that is constructed for the purpose of providing steam to a steam electric generator that would produce electrical power for sale is also considered in determining the electrical energy output capacity of the affected facility.
Fossil fuel means natural gas, petroleum, coal, and any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.
Interconnected means that two or more electric generating units are electrically tied together by a network of power transmission lines, and other power transmission equipment.
Lignite means coal that is classified as lignite A or B according to the American Society of Testing and Materials' (ASTM) Standard Specification for Classification of Coals by Rank D388-66.
Neighboring companymeans any one of those electric utility companies with one or more electric power interconnections to the principal company and which have geographically adjoining service areas.
Net system capacity means the sum of the net electric generating capability (not necessarily equal to rated capacity) of all electric generating equipment owned by an electric utility company (including steam generating units, internal combustion engines, gas turbines, nuclear units, hydroelectric units, and all other electric generating equipment) plus firm contractual purchases that are interconnected to the affected facility that has the malfunctioning flue gas desulfurization system. The electric generating capability of equipment under multiple ownership is prorated based on ownership unless the proportional entitlement to electric output is otherwise established by contractual arrangement.
Potential combustion concentration means the theoretical emissions (nanograms per joule, ng/J or lb/million BTU heat input) that would result from combustion of a fuel in an uncleaned state without emission control systems) and:
Potential electrical output capacity is defined as 33% of the maximum design heat input capacity of the steam generating unit (e.g., a steam generating unit with a 100-MW (340 million BTU/hr) fossil-fuel heat input capacity would have a 33-MW potential electrical output capacity). For electric utility combined cycle gas turbines the potential electrical output capacity is determined on the basis of the fossil-fuel firing capacity of the steam generator exclusive of the heat input and electrical power contribution by the gas turbine.
Principal companymeans the electric utility company or companies which own the affected facility.
Resource recovery unit means a facility that combusts more than 75% non-fossil fuel on a quarterly (calendar) heat input basis.
Solid-derived fuel means any solid, liquid, or gaseous fuel derived from solid fuel for the purpose of creating useful heat and includes, but is not limited to, solvent refined coal, liquified coal, and gasified coal. "24-hour period" means the period of time between 12:01 a.m. and 12:00 midnight.
Spare flue gas desulfurization system module means a separate system of sulfur dioxide emission control equipment capable of treating an amount of flue gas equal to the total amount of flue gas generated by an affected facility when operated at maximum capacity divided by the total number of nonspare flue gas desulfurization modules in the system.
Spinning reserve means the sum of the unutilized net generating capability of all units of the electric utility company that are synchronized to the power distribution system and that are capable of immediately accepting additional load. The electric generating capability of equipment under multiple ownership is prorated based on ownership unless the proportional entitlement to electric output is otherwise established by contractual arrangement.
Steam generating unit means any furnace, boiler, or other device used for combusting fuel for the purpose of producing steam (including fossil-fuel-fired steam generators associated with combined cycle gas turbines; nuclear steam generators are not included).
Subbituminous coal means coal that is classified as subbituminous A, B, or C according to the American Society of Testing and Materials' (ASTM) Standard Specification for Classification of Coals by Rank D388-66.
System load means the entire electric demand of an electric utility company's service area interconnected with the affected facility that has the malfunctioning flue gas desulfurization system plus firm contractual sales to other electric utility companies. Sales to other electric utility companies (e.g., emergency power) not on a firm contractual basis may also be included in the system load when no available system capacity exists in the electric utility company to which the power is supplied for sale.
System emergency reservesmeans an amount of electric generating capacity equivalent to the rated capacity of the single largest electric generating unit in the electric utility company (including steam generating units, internal combustion engines, gas turbines, nuclear units, hydroelectric units, and all other electric generating equipment) which is interconnected with the affected facility that has the malfunctioning flue gas desulfurization system. The electric generating capability of equipment under multiple ownership is prorated based on ownership unless the proportional entitlement to electric output is otherwise established by contractual arrangement.
9.13.5 The emission reduction requirements under 9.0 of this regulation do not apply to any affected facility that is operated under an SO2 commercial demonstration permit issued by the Administrator of the U.S. Environmental Protection Agency in accordance with the provisions of 9.15 of this regulation.
ESO2 is the prorated sulfur dioxide emission limit (ng/J heat input);
PSO2 is the percentage of potential sulfur dioxide emission allowed (percent reduction required = 100 - PSO2);
9.14.1.1 NOx Emission Limits
9.14.1.2 NOx reduction requirements
ENO2 is the applicable standard for nitrogen oxides when multiple fuels are combusted simultaneously (ng/J heat input);
9.15.2 An owner or operator of an affected facility that combusts solid solvent refined coal (SRC-I) and who is issued a commercial demonstration permit by the Administrator of the U.S. Environmental Protection Agency is not subject to the SO2 emission reduction requirements under 9.13.3 of this regulation but must, as a minimum, reduce SO2 emissions to 20% of the potential combustion concentration (80% reduction) for each 24-hour period of steam generator operation and to less than 520 ng/J (1.2 lb/million BTU) heat input on a 30-day rolling average basis.
9.15.3 An owner or operator of a fluidized bed combustion electric utility steam generator (atmospheric or pressurized) who is issued a commercial demonstration permit by the Administrator of the U.S. Environmental Protection Agency is not subject to the SO2 emissions reduction requirements under 9.13 of this regulation but must, as a minimum, reduce SO2 emissions to 15% of the potential combustion concentration (85% reduction) on a 30-day rolling average basis and to less than 520 ng/J (1.2 lb/million BTU) heat input on a 30-day rolling average basis.
9.15.4 The owner or operator of an affected facility that combusts coal-derived liquid fuel and who is issued a commercial demonstration permit by the Administrator of the U.S. Environmental Protection Agency is not subject to the applicable NOx emission limitation and percent reduction under 9.14 of this regulation but must, as a minimum, reduce emissions to less than 300 ng/J (0.70 lb/million BTU) heat input on a 30-day rolling average basis.
9.16.7 Compliance is determined by calculating the arithmetic average of all hourly emission rates for SO2 and NOx for the 30 successive boiler operating days, except for data obtained during startup, shutdown, malfunction (NOx only), or emergency conditions (SO2 only). Compliance with the percentage reduction requirement for SO2 is determined based on the average inlet and average outlet SO2 emission rates for the 30 successive boiler operating days.
9.17.8.4 For Method 3, the oxygen or carbon dioxide sample is to be taken for each hour when continuous SO2 and NOx data are taken or when Methods 6 and 7 are required. Each sample shall be taken for a minimum of 30 minutes in each hour using the integrated bag method specified in Method 3. Each sample represents a one-hour average.
Determine the present reduction achieved by any fuel pretreatment using the procedures in Method 19. Calculate the average percent reduction for fuel pretreatment on a quarterly basis using fuel analysis data. The determination of % Rf to calculate the percent of potential combustion concentration emitted to the atmosphere is optional. For purposes of determining compliance with any percent reduction requirements under 9.13 of this regulation, any reduction in potential SO2 emissions resulting from the following processes may be credited:
9.19.2.5 Identification of the times when emissions data have been excluded from the calculation of average emission rates because of startup, shutdown, malfunction (NOx only), emergency conditions (SO2 only), or other reasons, and justification for excluding data for reasons other than startup, shutdown, malfunction, or emergency conditions;
9.19.3.3 The lower confidence limit for the mean outlet emission rate (Eo*) and the upper confidence limit for the mean inlet emission rate (Ei*) as applicable.
9.19.3.5 The ratio of the upper confidence limit for the mean outlet emission rate (Eo*) and the allowable emission rate (Estd) as applicable.
28.4 Section 60.752(a) shall be replaced with the following language: “Each owner or operator of a municipal solid waste landfill having a design capacity less than 2.5 million megagrams by mass or 2.5 million cubic meters by volume shall submit an initial design capacity report to the Department as provided in Section 60.757(a). The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. Any density conversions shall be documented and submitted with the report. For purposes of 7 DE Admin Code 1130, Title V State Operating Permit Program, a landfill with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters does not require an operating permit under 7 DE Admin Code 1130, provided it is not a major source as defined in 7 DE Admin Code 1130. Submittal of the initial design capacity report shall fulfill the requirements of this subpart except as provided for in paragraphs (a)(1) and (a)(2) of this section.”
30.5 Section 60.762(a) shall be replaced with the following language: "Each owner or operator of an MSW landfill having a design capacity less than 2.5 million megagrams by mass or 2.5 million cubic meters by volume must submit an initial design capacity report to the Department as provided in §60.767(a). The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. Any density conversions must be documented and submitted with the report. For purposes of 7 DE Admin. Code 1130, Title V State Operating Permit Program, a landfill with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters does not require an operating permit under 7 DE Admin. Code 1130, provided it is not a major source as defined in 7 DE Admin. Code 1130. Submittal of the initial design capacity report fulfills the requirements of this subpart except as provided for in paragraphs (a)(1) and (2) of this section."
30.8 Section 60.762(b)(2)(ii) shall be replaced with the following language: "Collection system. Install and start up a collection and control system that captures the gas generated within the landfill as required by paragraphs (b)(2)(ii)(C) or (D) and (b)(2)(iii) of this section in accordance with paragraph (b)(2)(ii)(A) or (B) of this section, whichever is applicable."
30.9 Section 60.762(b)(2)(ii)(A) shall be replaced with the following language: "For MSW landfills that commenced construction, reconstruction, or modification on or after July 17, 2014. The collection and control system must be started up in accordance with paragraph (b)(2)(ii)(A)(1) or (2) of this section, whichever is applicable."
30.12 Section 60.762(b)(2)(ii)(B) shall be replaced with the following language: "For all other subject MSW landfills. As expeditiously as practicable but not later than January 8, 2018."
30.13 Section 60.762(c) shall be replaced with the following language: "For purposes of obtaining an operating permit under title V of the Clean Air Act, the owner or operator of an MSW landfill subject to this subpart with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters is not subject to the requirement to obtain an operating permit for the landfill under 7 DE Admin. Code 1130, unless the landfill is otherwise subject to either part 70 or 71. For purposes of submitting a timely application for an operating permit under part 70 or 71, the owner or operator of an MSW landfill subject to this subpart with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters, and not otherwise subject to 7 DE Admin. Code 1130, becomes subject to the requirements of paragraph 5.1.1 of 7 DE Admin. Code 1130, regardless of when the design capacity report is actually submitted, no later than:".
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov