7 Del. Admin. Code § 1102-2.0

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

Section 1102-2.0 - Applicability

2.1 Except as exempted in 2.2 of this regulation, no person shall initiate construction, install, alter or initiate operation of any equipment or facility or air contaminant control device which will emit or prevent the emission of an air contaminant prior to receiving approval of his application from the Department or, if eligible, prior to submitting to the Department a completed registration form.

2.1.1 For equipment that meets all applicable emission rate (or rates) or standard (or standards) specified in 11.8.1 and 11.8.2 of this regulation without an air contaminant control device, and that meets the following conditions, the person shall submit to the Department a registration form pursuant to 9.0 of this regulation.

2.1.1.1 For equipment without an air contaminant control device, the equipment has actual emissions to the atmosphere of any air contaminant or contaminants, in the aggregate, during any day that are equal to or greater than 0.2 pound per day and, during each and every day, that are less than 10 pounds per day; and

2.1.1.2 For equipment with an air contaminant control device, the equipment has actual emissions to the inlet of the air contaminant control device of any air contaminant or contaminants, in the aggregate, during any day that are equal to or greater than 0.2 pound per day and, during each and every day, that are less than 10 pounds per day; and

2.1.1.3 7 DE Admin. Code 1125 does not apply.

2.1.2 For equipment, a facility or an air contaminant control device that is not subject to 2.1.1 of this regulation and that is subject to a source category permit, the person shall submit to the Department an application for a source category permit pursuant to 10.0 of this regulation. A list of established source category permits is available from the Department.

2.1.3 For equipment, a facility or an air contaminant control device that is not subject to 2.1.1 or 2.1.2 of this regulation, the person shall submit to the Department an application for a permit pursuant to 11.0 of this regulation.

2.1.4 Any person who operates equipment, a facility or an air contaminant control device in accordance with a valid permit issued pursuant to 2.1.3 of this regulation, and who later becomes subject to a source category permit:

2.1.4.1 May, at any time, submit to the Department an application for a source category permit pursuant to 10.0 of this regulation; and

2.1.4.2 Shall, within 60 calendar days of receipt of written request from the Department, submit to the Department an application for a source category permit pursuant to 10.0 of this regulation.

2.2 Provided that 7 DE Admin. Code 1125 does not apply, a permit for installation, alteration, or operation pursuant to this regulation shall not be required for the following equipment or air contaminant control device. Note however that other State and Federal requirements may apply.

2.2.1 Equipment without an air contaminant control device that has actual emissions to the atmosphere of any air contaminant or contaminants, in the aggregate, during each and every day that are less than 0.2 pound per day, provided that:

2.2.1.1 The actual emissions are quantified and documented; and

2.2.1.2 Records are maintained at the facility and are made available to the Department upon request which document that the equipment qualifies for this exemption.

2.2.2 Equipment with an air contaminant control device that has actual emissions to the inlet of the air contaminant control device of any air contaminant or contaminants, in the aggregate, during each and every day that are less than 0.2 pound per day, provided that:

2.2.2.1 The actual emissions are quantified and documented; and

2.2.2.2 Records are maintained at the facility and are made available to the Department upon request which document that the equipment qualifies for this exemption.

2.2.3 The equipment listed in Appendix A of this regulation.

2.2.4 For operation, any equipment or air contaminant control device that is specifically identified in an operation permit issued pursuant to 7 DE Admin. Code 1130.

2.2.5 Equipment that is registered pursuant to 9.0 of this regulation.

2.3 Any person who operates fuel burning equipment which uses only natural gas, LP gas, or other desulfurized fuel gas and has a rated heat input of less than 100 million BTUs per hour, or any other equipment, that was exempted from the requirement to have a permit by 3.1 of this regulation (as in effect immediately preceding the then effective date of this regulation of June 1, 1997), or who operates a piece of equipment, a facility, or an air contaminant control device in accordance with a valid permit or letter of exemption that was issued by the Department prior to June 1, 1997, and who, with regard to that specific equipment, facility, or air contaminant control device, is now subject to 2.1 of this regulation:

2.3.1 May, at any time, submit to the Department a registration form or a permit application pursuant to 2.1 of this regulation; and

2.3.2 Shall, within 60 calendar days of receipt of a written request from the Department, submit to the Department a registration form or a permit application pursuant to 2.1 of this regulation; and

2.3.3 Shall not initiate construction, installation, or alteration of the equipment, facility or air contaminant control device prior to complying with 2.1 of this regulation (i.e., prior to receiving approval of his application from the Department or, if eligible, prior to submitting to the Department a completed registration form).

2.4 Any person may petition the Department to establish a source category permit. The petition and, if approved, the establishment of the source category permit shall be pursuant to the procedures in 7 DE Admin. Code 1130.

06/01/1997

7 Del. Admin. Code § 1102-2.0