7 Del. Admin. Code § 1144-1.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1144-1.0 - General

1.1 Purpose. The purpose of this regulation is to ensure that emissions of nitrogen oxides (NO_x), nonmethane hydrocarbons (NMHC), particulate matter (PM), sulfur dioxide (SO₂), carbon monoxide (CO), and carbon dioxide (CO₂) from stationary generators in the State of Delaware do not adversely impact public health, safety, and welfare.

1.2 Applicability.

1.2.1 This regulation applies to new and existing, emergency and distributed, stationary generators, except for:

1.2.1.1 a generator covered by a permit which imposes a NO_x emission limitation established to meet Best Available Control Technology (BACT) or Lowest Achievable Emission Rate (LAER);

1.2.1.2 an emergency generator located on a residential property where no commercial or industrial activity is carried on, and operated solely to provide emergency electric power to the domestic residence and structures on that property housing no more than three families;

1.2.1.3 a generator which is mobile;

1.2.1.4 a generator with a standby power rating of 10 kW or less; or

1.2.1.5 existing, emergency, stationary generators installed at the stations of the member companies of the Delaware Volunteer Firemen's Association (DVFA), listed in 9.0 of this regulation. However, the provision of 1.2.2 of this regulation applies to the generators at the stations listed in 9.0 of this regulation.

1.2.2 On or after January 11, 2006, a new or existing, stationary generator installed at any of the stations of the member companies of the Delaware Volunteer Firemen's Association, listed in 9.0 of this regulation, shall only operate as an emergency generator.

1.2.3 The requirements of this regulation are in addition to all other applicable State and Federal requirements.

1.3 Dates

1.3.1 The owner of a new stationary generator shall submit the information required in 1.4 of this regulation and comply with the requirements of this regulation by the date of installation.

1.3.2 The owner of an existing stationary generator shall submit the information required in 1.4 of this regulation no later than April 11, 2006.

1.3.2.1 If the generator is to be classified as an emergency generator, the owner shall comply with the requirements of this regulation by April 11, 2006.

1.3.2.2 If the generator is to be classified as a distributed generator, and is subject to 3.2.1.1 of this regulation, the owner shall comply with the requirements of this regulation by April 1, 2007. The owner may request an extension of this compliance date, up to one year, if the owner demonstrates to the Department that the additional compliance time is needed, based upon the requirements of 1.3.4 of this regulation.

1.3.2.3 If the generator is to be classified as a distributed generator, and is subject to 3.2.1.2 of this regulation, the owner shall comply with the requirements of this regulation by April 11, 2006.

1.3.3 If a generator is to be reclassified from an emergency generator to a distributed generator, or vice versa, the owner of a stationary generator shall submit to the Department a letter stating that the generator is to be reclassified, and the owner shall comply with the requirements of this regulation before this reclassification.

1.3.4 The owner of an existing, distributed generator may request, and the Department may grant, an extension of the April 1, 2007 compliance date, up to one year, if the owner demonstrates to the Department's satisfaction that additional compliance time is necessary by providing an analysis to the Department which:

1.3.4.1 details the economical or technological reasons, or both, for the extension request; and

1.3.4.2 demonstrates that Delaware's attainment of the National Ambient Air Quality Standards for the 8-hour ozone, or fine particulate matter, will not be delayed due to the generator's delayed compliance.

1.4 Initial Notification.

1.4.1 The owner of a stationary generator shall submit to the Department the following information:

1.4.1.1 the generator owner's name and telephone number;

1.4.1.2 the physical address where the generator is installed, or will be installed;

1.4.1.3 a description of the generator including the make, model number, and serial number;

1.4.1.4 the year of manufacture for the generator;

1.4.1.5 the standby power rating or the prime power rating for the generator, or both power ratings if both are known; and

1.4.1.6 the date of installation for existing generators, or the expected date of installation for new generators.

1.4.2 The owner of a stationary generator shall submit to the Department a letter stating whether the generator is to be classified as an emergency generator or a distributed generator.

01/11/2006

7 Del. Admin. Code § 1144-1.0