7 Del. Admin. Code § 1124-4.0

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

Section 1124-4.0 - Minor New Source Review (MNSR)

4.1 Applicability. The requirements of 4.3 of this regulation shall apply to any person responsible for any proposed new stationary source, the construction of which:

4.1.1 was applied for, pursuant to 11.0 of 7 DE Admin. Code 1102, after August 11, 2005 and

4.1.2 is subject to the construction, installation, or alteration requirements of 2.1.3 of 7 DE Admin. Code 1102, and

4.1.3 is not subject to the requirements of 2.0 or 3.0 of this regulation, and

4.1.4 has a potential to emit of equal to or greater than five tons per year of volatile organic compounds (VOC's) or, nitrogen oxides (NO_x), or sulfur dioxide (SO₂) or sulfur trioxide (SO₃) or both [also termed sulfur oxides (SO_x)] or, fine particulate matter (PM_2.5), or, the potential to emit of equal to or greater than five tone per year, in the aggregate, of any of the hazardous air pollutants (HAP's) listed in Section 112(b) of the federal Clean Air Act.

4.1.5 Reserved.

4.2 Record keeping. Any person exempted from the requirements of 4.3 of this regulation because the proposed source has emissions below the thresholds provided for in 4.1.4 of this regulation shall include with the application submitted pursuant to 11.1 of 7 DE Admin. Code 1102, documentation that shows the proposed source is exempted.

4.3 Conditions for Approval. Any person subject to the provisions of 4.3 of this regulation shall meet the appropriate requirements of 4.3.1 and 4.3.2 of this regulation:

4.3.1 The new stationary source shall, relative to each pollutant identified in 4.1.4 of this regulation, be controlled by installing and operating emission control technology that limits emissions to the atmosphere by utilizing any one of the following options listed below. The Department will assist in the development of appropriate emission control technology determinations if requested by the applicant.

4.3.1.1 Emission control technology that meets the LAER requirements of 2.0 of this regulation, or

4.3.1.2 Emission control technology that meets the BACT requirements of 3.0 of this regulation, or

4.3.1.3 Emission control technology approved in advance by the Department for the source type being constructed (a listing and description of the approved technologies is available from the Department), or

4.3.1.4 Emission control technology approved by the Department, on a case-by-case basis, pursuant to the following process:

4.3.1.4.1 Identify and evaluate air pollution control technologies that may be applied to the source. The control alternatives need not be limited to existing controls for the source category. Consider controls applied to similar type of sources, innovative control technologies, modification of the process or process equipment, other pollution prevention measures, and combinations of these measures.

4.3.1.4.2 List the control technologies identified in 4.3.1.4.1 of this regulation in descending order of air pollution control effectiveness.

4.3.1.4.3 Either propose the most effective technology on the list generated under 4.3.1.4.2 of this regulation for approval by the Department, or demonstrate, based on the criteria in 4.3.1.4.3.1 through 4.3.1.4.3.4 of this regulation below, that the most effective technology is infeasible or unreasonable. This process for evaluation shall be repeated relative to each emission control technology on the list generated under 4.3.1.4.2 of this regulation until an emission control technology is reached that is not eliminated.

4.3.1.4.3.1 Technological Feasibility Assessment: A demonstration that the control technology is technically infeasible, based on physical, chemical, or engineering principles, that it is unproven technology, or that technical difficulties would prevent its successful application, or

4.3.1.4.3.2 Environmental Impacts Assessment: A demonstration that the control technology should be eliminated from consideration based on its environmental impacts. The demonstration must show that the adverse environmental effects of the control technology (for example, effects on water or land, HAP emissions, or increased environmental hazards), when compared with its air contaminant emission reduction benefits, would make use of the technology unreasonable, or

4.3.1.4.3.3 Economic Impacts Assessment: A demonstration that the technology should be eliminated from consideration based on its calculated economic impacts using the techniques in the latest edition of EPA's Control Cost Manual. The justification must show that the total and incremental costs of the control technology are greater than the total and incremental costs of the next less effective technology on the list generated under 4.3.1.4.2; and that the extra costs, when compared with the air contaminant emission reduction benefits resulting from the control technology, would make that measure unreasonable, or

4.3.1.4.3.4 Energy Impacts Assessment: A demonstration that the control technology should be eliminated from consideration based on its energy impacts. The demonstration must show that this technology uses fuels that are not reliably available; or that the energy consumed by this technology is greater than the proposed technology or technologies, and that the extra energy used, when compared with the air contaminant emission reduction benefits resulting from this technology, would make use of this technology unreasonable.

4.3.2 All of the following information shall be submitted to the Department as part of the application submitted to the Department pursuant to 11.1 of 7 DE Admin. Code 1102:

4.3.2.1 Control technology proposed to be installed and operated to meet the requirements of 4.3.1 of this regulation, and

4.3.2.2 The list, if this method was chosen, generated pursuant to 4.3.1.4.2 of this regulation and

4.3.2.3 Any demonstration or demonstrations performed pursuant to 4.3.1.4.3 of this regulation.

7 Del. Admin. Code § 1124-4.0

2 DE Reg. 2148 (05/01/99)
9 DE Reg. 246 (08/01/05)
12 DE Reg. 347 (09/01/08)
14 DE Reg. 1207 (05/01/11)
15 DE Reg. 1169 (02/01/12)
15 DE Reg. 1676 (06/01/12)
16 DE Reg. 214 (08/01/12)