7 Del. Admin. Code § 1134-2.0

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

Section 1134-2.0 - Definitions

The following definitions apply to this regulation. Except as specifically provided in 2.0 of this regulation, terms used in this regulation retain the meaning accorded them under the Act, the federal Clean Air Act, or 7 DE Admin. Code 1101.

"Act" means Title 7, Delaware Code, Chapter 60.

"Actual emissions" mean the actual rate of emissions of a pollutant from an emission unit. Actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which immediately precedes the particular date and which is representative of normal source operation. The Department may allow the use of a different time period upon a satisfactory showing that it is more representative of normal source operation, provided that the Department agrees with such showing and provided that the emissions for that time period are, in the judgment of the Department, consistent with the SIP. The actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials used or processed, stored, or combusted during the selected time period, as applicable, and, in descending order and as required by applicable requirements:

(1) Continuous emission monitoring (CEM) data, parametric monitoring data, or the monitoring of other surrogates, as approved by both the Department and the Administrator of the EPA; or

(2) Direct measurement of emissions conducted in accordance with test methods approved by both the Department and the Administrator of the EPA, which include, but are not limited to those methods referenced in 40 CFR Parts 60, 61, and 63, or in applicable State regulations, provided that a representative of the Department was afforded the opportunity to witness the measurement; or

(3) Any other quantification method that is approved for use by the Department and the Administrator of the EPA.

"Allowable emissions" mean the emissions rate of an emission unit, in tons per year, calculated using the maximum rated capacity of the unit (unless the unit is subject to enforceable limits which restrict the operating rate, or hours of operation, or both, in which case the restricted operating rate or hours of operation shall be used) and the most stringent of the following:

(1) The applicable standards as set forth in 7 DE Admin. Codes 1120 and 1121;

(2) Other applicable Delaware SIP emissions limitations, including those with a future compliance date; or

(3) The emissions rate specified as an enforceable permit condition, including those with a future compliance date.

"Area source" means a stationary source that is not individually included in the Department's stationary source emissions inventory.

"Bank" means a depository, established by the Department, in which upon satisfaction of all applicable requirements of this regulation and any underlying regulation, ERCs may be deposited and withdrawn for use.

"Building, structure, facility or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same first two digit code) as described in the Standard Industrial Classification Manual, 1987.

"Department" means the Delaware Department of Natural Resources and Environmental Control as defined in 29 Del.C. Ch 80, as amended.

"Emission reduction credit (ERC)" means an actual emission reduction equal to one whole ton per year of a particular pollutant from an emission unit that has been certified by the Department as enforceable, permanent, quantifiable, real, and surplus, in accordance with this regulation. To determine the number of whole ERCs, the number of ERCs shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater. An ERC is a limited, contingent, non-vested authorization to emit a certain amount of air pollutants and does not constitute a property right.

"Emissions unit" means any part or activity of a source that emits or has the potential to emit any regulated air pollutant. This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV (Acid Deposition Control) of the federal Clean Air Act.

"Enforceable" means any standard, requirement, limitation or condition established by an applicable federal or state regulation or specified in a permit issued or order entered thereunder, or contained in a SIP approved by the Administrator of the U.S. Environmental Protection Agency (EPA), and which can be enforced by the Department and the Administrator of the EPA.

"Federal Clean Air Act (CAA)" means the Clean Air Act, 42 U.S.C. Section 7401 et seq.

"Mobile source" means on-road (highway) vehicles (e.g., automobiles, trucks and motorcycles) and nonroad vehicles (e.g., trains, airplanes, agricultural equipment, industrial equipment, construction vehicles, off-road motorcycles, and marine vessels).

"Nitrogen oxides" means oxides of nitrogen, including nitric oxide (NO) and nitrogen dioxide (NO₂) and not including, for purposes of this regulation, nitrous oxide (N₂O).

"Offset" means the use of an ERC to satisfy the requirements of 7 DE Admin. Code 1125 and Section 173 of the CAA as they apply to a major new or major modified stationary source, provided that particular ERC meets the requirements of 7 DE Admin. Code 1125 and Section 173 of the federal Clean Air Act (CAA).

"Owner"means a person who claims lawful possession of an ERC.

"Ozone season" means the period of time beginning on and including April 1 and continuing through October 31 of each calendar year.

"Ozone Transport Region" means the region designated by section 184 of the federal Clean Air Act and comprised of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan Statistical Area that includes the District of Columbia and northern Virginia.

"Permanent (reductions)" means that the actual emission reductions submitted to the Department for certification have been incorporated in a permit or a permit condition or, in the case of a shutdown, the permit to operate for the emission unit or units has been voided.

"Permit"(unless the context suggests otherwise) means any permit or group of permits covering an emission unit or units that is issued, renewed, amended, or revised, or otherwise made state and federally enforceable.

"Person" means an individual, corporation, partnership, association, State, municipality, firm, or political subdivision of a State; and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof.

"Quantifiable (reductions)" means that the amount, rate and characteristics of emission reductions can be determined by methods that are considered reliable by the Department and the Administrator of the EPA.

"Real (reductions)" means reductions in actual emissions released into the atmosphere.

"Responsible official" means one of the following:

(1) For a corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit, and either:

(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter, 1980 dollars); or

(ii) The delegation of authority to such representative is approved in advance in writing by the Department.

(2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively, or the delegation of authority to a representative approved in advance by the Department; or

(3) For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For purposes of this regulation, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

(4) Where not covered in (1) through (3) above, the owner of the ERC or ERCs.

"Shutdown" means the curtailment of all operations and emissions at a facility that involves the withdrawal of all permit or permits to operate issued by the Department.

"Source" means a stationary source, an area source, or a mobile source.

"Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant subject to regulation under the federal Clean Air Act.

"Surplus (reductions)" means actual emission reductions below the baseline (see 6.0 of this regulation) not required by regulations or proposed regulations, and not used by the source to meet any state or federal regulatory requirement.

"Synthetic minor" means a source for which federally enforceable conditions (e.g., a cap on production rates, maximum hours of operation, or type of fuel) have been incorporated into a permit in order to reduce allowable emission levels below the applicability threshold of an applicable requirement.

"Trade" means the purchase, sale, conveyance or other transfer of an ERC from one person to another person.

"Use" means that approval of the Department has been obtained to apply an ERC at an emission unit.

"Volatile organic compounds" (also denoted as VOCs) mean any carbon-containing compound, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. This includes any such organic compound other than those listed in 7 DE Admin. Code 1101, which have been determined to have negligible photochemical reactivity.

10/06/1997

7 Del. Admin. Code § 1134-2.0