7 Del. Admin. Code § 1102-11.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 1102-11.0 - Permit Application

11.1 Any person identified in 2.1.3 of this regulation shall submit to the Department an application for a permit on forms furnished by the Department. Permit application forms are available from the Department upon request.

11.2 The application shall consist of a description of at least the following:

11.2.1 The equipment or apparatus covered by the application; and

11.2.2 Any equipment connected or attached to, or servicing or served by the unit of equipment or apparatus covered by the application; and

11.2.3 The plot plan, including the distance and height of building within a reasonable distance from the place where the equipment is or will be installed, if necessarily required by the Department; and

11.2.4 The proposed means for the prevention or control of the emissions or contaminant;

11.2.5 The chemical composition and amount of any trade waste to be produced as a result of the construction, installation, or alteration of any equipment or apparatus covered by this application;

11.2.6 Any additional information, evidence or documentation required by the Department to show what the proposed equipment or apparatus will do.

11.2.7 Methods and expected frequency of occurrence of the start-up and shutdown of the equipment, including projected effects of emissions to the atmosphere and on ambient air quality.

11.2.8 The nature and amount of emission to be emitted by equipment, the facility, or an air contaminant control device or emitted by associated mobile sources.

11.2.9 If the applicant desires any of the term (or terms) or condition (or conditions) of the permit to be an effective limit on the potential to emit for the purpose of avoiding applicability of a federal standard, regulation, or other federal requirement, the applicant shall state that fact in the application. The ensuing permit shall clearly indicate the specific term or terms and condition or conditions that are intended to limit potential to emit.

11.2.10 If the applicant desires any of the term (or terms) or condition (or conditions) of a construction permit to transfer to a 7 DE Admin. Code 1130 permit via the administrative permit amendment process specified in 7 DE Admin. Code 1130 the following additional requirements apply:

11.2.10.1 The person identified in 3.1 of this regulation shall be a responsible official as defined in 7 DE Admin. Code 1130, and the application shall contain the following language from the responsible official: "I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete."

11.2.10.2 The application shall include the following additional information:

11.2.10.2.1 The citation and description of all applicable requirements that will apply to the equipment, facility, or air contaminant control device and that will become applicable to any covered source as a result of the construction, installation, alteration, or operation; and a description of, or reference to, any applicable test method for determining compliance with each applicable requirement. The terms "applicable requirement" and "covered source" retain the meanings accorded to them in 7 DE Admin. Code 1130.

11.2.10.2.2 Certification by the responsible official that the source will meet all applicable requirements on a timely basis, and, if a more detailed schedule is expressly required by any applicable requirement, that applicable requirement in accordance with that more detailed schedule.

11.2.10.2.3 If desired, information necessary to define alternative operating scenarios under 6.1.10 of 7 DE Admin. Code 1130, or to define permit terms and conditions to implement emission averaging or operational flexibility under 6.1.11 and 6.8 of 7 DE Admin. Code 1130.

11.2.10.2.4 If desired, a request that the Department, upon taking final action under 11.5.2 or 11.5.3 of this regulation, allow coverage under the permit shield as described in 6.6 of 7 DE Admin. Code 1130.

11.2.10.3 The applicant shall provide additional information necessary to address any requirements that become applicable to the equipment, facility, or air contaminant control device after the date it filed an application under this section but prior to the date advertisement is made pursuant to 12.4.2 of this regulation. This requirement is in addition to the requirement of 2.1 of this regulation in situations where construction, installation, or alteration is necessary to comply with the new applicable requirement.

11.2.10.4 The ensuing construction permit shall clearly indicate the specific term (or terms) or condition (or conditions) to transfer to the 7 DE Admin. Code 1130 permit, and each such term or condition shall specify the origin and the authority for that term or condition, and shall identify any difference in form as compared to the applicable requirement upon which the term or condition is based.

11.3 In situations in which construction, installation, or alteration is proposed, and operation of the equipment, facility, or air contaminant control device is to follow, such operation shall not commence until written approval is obtained by the applicant from the Department in accordance with 11.4 and 11.5 of this regulation, as applicable. The Department may condition approval to operate on a demonstration by the applicant of satisfactory performance of the equipment, facility, or air contaminant control device. In the event the applicant fails to demonstrate satisfactory performance, the Department may require the applicant to cease emissions from the source.

11.4 Persons not requesting review under 11.2.10 of this regulation shall, upon completion of the construction, installation or alteration, request that the Department grant approval to operate.

11.4.1 An application does not need to be submitted to the Department. Note however that an application may be required under 7 DE Admin. Code 1130 for persons subject to that regulation.

11.4.2 Upon satisfactory demonstration that the equipment, facility or air contaminant control device complies with all of the terms and conditions of the construction permit, the Department shall grant approval to operate by issuing an operation permit.

11.5 Persons requesting review under 11.2.10 of this regulation shall, upon completion of the construction, installation or alteration, request that the Department transfer the terms and conditions of the construction permit into 7 DE Admin. Code 1130 operating permit.

11.5.1 The request shall contain the following information, and shall contain the following language from the responsible official: "I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete."

11.5.1.1 A description of the compliance status, a compliance schedule, and a certification of compliance for the equipment, facility, or air contaminant control device with respect to all applicable requirements, in accordance with 5.4.8 and 5.4.9 of 7 DE Admin. Code 1130; and

11.5.1.2 A statement of the methods used to determine compliance, including a description of monitoring, record keeping, and reporting requirements and test methods.

11.5.2 Upon satisfactory demonstration that the equipment, facility or air contaminant control device complies with all applicable requirements and all of the terms and conditions of the construction permit, and not prior to the expiration of the EPA review period provided for in 12.5 of this regulation, the Department shall transfer the specified terms and conditions to the 7 DE Admin. Code 1130 permit via the administrative permit amendment process specified in 7 DE Admin. Code 1130.

11.5.3 If the Department determines that the equipment, facility, or air contaminant control device does not comply with any applicable requirement the Department may take enforcement action, and shall do one of the following:

11.5.3.1 Provide an opportunity for the applicant to resolve the noncompliance; then, upon resolution, transfer the specified terms and conditions of the construction permit to the 7 DE Admin. Code 1130 permit via the administrative permit amendment process specified in 7 DE Admin. Code 1130; or

11.5.3.2 Transfer the specified terms and conditions of the construction permit, and an enforceable compliance schedule which satisfies the requirements of 5.4.8.3 of 7 DE Admin. Code 1130, to the 7 DE Admin. Code 1130 permit by reopening the permit for cause pursuant to the procedures in 7 DE Admin. Code 1130; or

11.5.3.3 Deny the request for approval to operate.

11.6 No permit shall be issued by the Department unless the applicant shows to the satisfaction of the Department that the equipment, facility, or air contaminant control device is designed to operate or is operating without causing a violation of the State Implementation Plan, or any rule or regulation of the Department, and without interfering with the attainment or maintenance of National and State ambient air quality standards, and without endangering the health, safety, and welfare of the people of the State of Delaware. The Department may, from time to time, issue or accept criteria for the guidance of applicants indicating the technical specifications which it deems will comply with the performance standards referenced herein.

11.7 Before a permit is issued, the Department may require the applicant to conduct such tests as are necessary in the opinion of the Department to determine the kind or amount of the contaminants emitted from the equipment or whether the equipment or fuel or the operation of the equipment will be in violation of any of the provisions of any rule or regulation of the Department. Such tests shall be made at the expense of the applicant and shall be conducted in a manner approved by the Department.

11.8 The following emission rates or standards for each air contaminant emitted from any equipment, facility or air contaminant control device shall be specified in each permit issued pursuant to this regulation:

11.8.1 The rate or standard established or relied upon in the State Implementation Plan (SIP) to include the State of Delaware 7 DE Admin. Code 1100 "Regulations Governing the Control of Air Pollution" and regulations promulgated pursuant to Section 111 and Section 112 of the Clean Air Act (CAA); and

11.8.2 The rate that was shown under 11.6 of this regulation as not interfering with the attainment and maintenance of any National and State ambient air quality standard, and not endangering the health, safety, and welfare of the people of the State of Delaware; or

11.8.3 The rate requested by the applicant. In no case shall this rate be greater than the potential to emit of the equipment, facility, or air contaminant control device; and in no case shall this rate be less stringent than the rate specified in 11.8.1 and 11.2 of this regulation.

11.9 Each emission rate and standard shall be enforceable as a practical matter. Enforceable as a practical matter means that each emission rate and standard:

11.9.1 Is stated in the permit as a technically specific and accurate limitation.

11.9.2 Is specifically associated with a particular piece or pieces of equipment or air contaminant control device or devices.

11.9.3 Has associated conditions which, in total, establish a method to determine compliance. Such associated conditions shall include appropriate testing, monitoring, record keeping, and reporting requirements.

11.9.4 Has a recurring, predictable time period under which compliance with the limitation will be demonstrated. Such time period shall be that specified in the underlying State regulation or federal rule or, in the absence of such specification and upon approval by the Department, shall be hourly, daily, monthly, or some other time period which provides for the demonstration of compliance with the limitation no less frequently than monthly.

11.10 A construction permit or any renewal thereof shall be valid for a period not to exceed three years from the date of issuance, unless sooner revoked by order of the Department, and may be renewed upon application to and approval by the Department.

11.11 An operating permit may be valid for an indefinite period, unless the equipment or operation for which a permit is written has controlled emissions of 100 tons or more per year of any air contaminant, in which case the permit shall be valid for not more than a five-year period and shall be evaluated prior to re-issuance to determine if permitted emission limits are appropriate.

11.12 The provisions of 2.1 and 11.3 of this regulation shall not apply to the operation of equipment or processes for the purpose of initially demonstrating satisfactory performance to the Department following construction, installation, modification or alteration of the equipment or processes. The applicant shall notify the Department sufficiently in advance of the demonstration and shall obtain the Department's prior concurrence of the operating factors, time period and other pertinent details relating to the demonstration.

11.13 Upon receipt of an application for the issuance of an operating permit the Department, in its discretion, may issue a temporary operating permit valid for a period not to exceed 90 days. A temporary operating permit issued pursuant to 11.0 of this regulation shall not be extended more than once for an additional 90-day period.

[08/11/22]

7 Del. Admin. Code § 1102-11.0

26 DE Reg. 118 (8/1/2022) (Final)