7 Del. Admin. Code § 1125-1.0
"Actual Emissions" means the actual rate of emissions of a pollutant from an emission unit, as determined in accordance with the three subparagraphs below.
* | In general, 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 precedes the particular date and which is representative of normal source operation. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. |
* | The Department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit. |
* | For any emissions unit, which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. |
"Allowable Emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits, which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
* | The applicable standards as set forth in 7 DE Admin. Code 1120 and 1121; |
* | Other applicable Delaware State Implementation Plan emissions limitations, including those with a future compliance date; or |
* | The emissions rate specified as an enforceable permit condition, including those with a future compliance date. |
"Baseline Area" means any intrastate area (and every part thereof) designated as attainment or unclassifiable in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact of the pollutant for which the baseline date is established, as follows: equal to or greater than one µg/m3 (annual average). for SO2, NO2, or PM10; or equal to or greater than 0.3 µg/m3 (annual average) for PM2.5.
* | Area redesignations cannot intersect or be smaller than the area of impact of any major stationary source or major modification which: |
* | Establishes a minor source baseline date, or |
* | Is subject to this regulation. |
"Baseline Concentration" means that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:
* | The actual emissions representative of sources in existence on the applicable minor source baseline date, except as listed under Exceptions below. |
* | The allowable emissions of major stationary sources which commenced construction before the major source baseline date; but were not in operation by the applicable minor source baseline date. |
Exceptions: The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase or increases:
* | Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and |
* | Actual emissions increases and decreases at any stationary source occurring after the baseline date. |
"Begin Actual Construction" means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.
"Best Available Control Technology (BACT)" means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under CAA which would be emitted from any proposed major stationary source or major modification which the Department, on a case-by-case basis, takes into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 7 DE Admin. Code 1120 and 1121. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.
"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, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively). For purposes of Section 2.0 of this regulation for VOC and NOx pollutant-emitting activities, this definition shall apply only to the "Building, Structure or Facility".
"Commence" as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has:
* | Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or |
* | Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. |
"Complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application.
"Condensable Particulate Matter" means material that is vapor phase at stack conditions, but condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid PM immediately after discharge from the stack. Note that all condensable PM is assumed to be in the PM2.5 size fraction.
"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition or modification of an emissions unit) which would result in a change in actual emissions.
"Direct Particulate Matter" means particles that enter the atmosphere as a direct emission from a stack or an open source. Direct PM comprises two components: filterable PM and condensable PM. These two PM components have no upper particle size limit.
"Direct PM2.5" means combined filterable PM2.5 and condensable PM with an aerodynamic diameter less than or equal to 2.5 micrometers. These solid particles are emitted directly from an air emissions source or activity, or are the gaseous emissions or liquid droplets from an air emissions source or activity that condense to form PM at ambient temperatures. Direct PM2.5 emissions include elemental carbon, directly emitted organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic particles (including but not limited to crustal material, metals, and sea salt).
"Emissions Unit" means any part of a stationary source which emits or would have the potential to emit any pollutant subject to regulation under the CAA.
"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.
"Filterable PM" means particles that are emitted directly by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train.
"Fixed capital cost" means the capital needed to provide all the depreciable components.
"Fugitive Emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
"Greenhouse Gases (GHG)" means an air pollutant composed of an aggregate group of six greenhouse gases; carbon dioxide (CO2), nitrous oxide (N2O), methane (CH4), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6). For the purposes of this regulation, the term CO2equivalent emissions (CO2e) shall represent an amount of GHG emitted, and shall be computed as follows;
| * | Multiply the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHG by the gases associated global warming potential as shown in Table 1-1 of this regulation. For the purposes of this computation, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material). |
| * | Sum the resultant value for each gas to compute a tpy CO2e |
Table 1-1
GLOBAL WARMING POTENTIALS
| Name | CAS No. | Chemical formula | Global warming potential (100 yr.) |
| Carbon dioxide | 124-38-9 | CO2 | 1 |
| Methane | 74-82-8 | CH4 | 25 |
| Nitrous oxide | 10024-97-2 | N2O | 298 |
| HFC-23 | 75-46-7 | CHF3 | 14,800 |
| HFC-32 | 75-10-5 | CH2F2 | 675 |
| HFC-41 | 593-53-3 | CH3F | 92 |
| HFC-125 | 354-33-6 | C2HF5 | 3,500 |
| HFC-134 | 359-35-3 | C2H2F4 | 1,100 |
| HFC-134a | 811-97-2 | CH2FCF3 | 1,430 |
| HFC-143 | 430-66-0 | C2H3F3 | 353 |
| HFC-143a | 420-46-2 | C2H3F3 | 4,470 |
| HFC-152 | 624-72-6 | CH2FCH2F | 53 |
| HFC-152a | 75-37-6 | CH3CHF2 | 124 |
| HFC-161 | 353-36-6 | CH3CH2F | 12 |
| HFC-227ca | 2252-84-8 | CF3CF2CHF2 | 2,640 |
| HFC-227ea | 431-89-0 | C3HF7 | 3,220 |
| HFC-236cb | 677-56-5 | CH2FCF2CF3 | 1,340 |
| HFC-236ea | 431-63-0 | CHF2CHFCF3 | 1,370 |
| HFC-236fa | 690-39-1 | C3H2F6 | 9,810 |
| HFC-245ca | 679-86-7 | C3H3F5 | 693 |
| HFC-245cb | 1814-88-6 | CF3CF2CH3 | 4,620 |
| HFC-245ea | 24270-66-4 | CHF2CHFCHF2 | 235 |
| HFC-245eb | 431-31-2 | CH2FCHFCF3 | 290 |
| HFC-245fa | 460-73-1 | CHF2CH2CF3 | 1,030 |
| HFC-263fb | 421-07-8 | CH3CH2CF3 | 76 |
| HFC-272ca | 420-45-1 | CH3CF2CH3 | 144 |
| HFC-329p | 375-17-7 | CHF2CF2CF2CF3 | 2,360 |
| HFC-365mfc | 406-58-6 | CH3CF2CH2CF3 | 794 |
| HFC-43-10mee | 138495-42-8 | CF3CFHCFHCF2CF3 | 1,640 |
| HFC-1132a | 75-38-7 | CF2=CH2 | 0.04 |
| HFC-1141 | 75-02-5 | CH2=CHF | 0.02 |
| (E)-HFC-1225ye | 5595-10-8 | CF3CF=CHF(E) | 0.06 |
| (Z)-HFC-1225ye | 5528-43-8 | CF3CF=CHF(Z) | 0.22 |
| HFC-1234yf; HFO-1234yf | 745-12-1 | CF3CF=CH2 | 0.31 |
| HFC-1234ze(E) | 1645-83-6 | (trans)-CF3CH=CHF | 0.97 |
| HFC-1234ze(Z) | 29118-25-0 | (cis)-CF3CH=CHF | 0.29 |
| HFC-1243zf | 677-21-4 | CF3CH=CH2 | 0.12 |
| (Z)-HFC-1336 | 692-49-9 | CF3CH=CHCF3(Z) | 1.58 |
| HFC-1345zfc | 374-27-6 | C2F5CH=CH2 | 0.09 |
| Capstone 42-U | 19430-93-4 | CF3(CF2)3CH=CH2 | 0.16 |
| Capstone 62-U | 25291-17-2 | CF3(CF2)5CH=CH2 | 0.11 |
| Capstone 82-U | 21652-58-4 | CF3(CF2)7CH=CH2 | 0.09 |
| Sulfur hexafluoride | 2551-62-4 | SF6 | 22,800 |
| PFC-14 (Perfluoromethane) | 75-73-0 | CF4 | 7,390 |
| PFC-116 (Perfluoroethane) | 76-16-4 | C2F6 | 12,200 |
| PFC-218 (Perfluoropropane) | 76-19-7 | C3F8 | 8,830 |
| Perfluorocyclopropane | 931-91-9 | C3F6 | 17,340 |
| PFC-3-1-10 (Perfluorobutane) | 355-25-9 | C4F10 | 8,860 |
| PFC-318 (Perfluorocyclobutane) | 115-25-3 | C4F8 | 10,300 |
| PFC-4-1-12 (Perfluoropentane) | 678-26-2 | C5F12 | 9,160 |
| PFC-5-1-14(Perfluorohexane) | 355-42-0 | C6F14 | 9,300 |
| PFC-6-1-12 (Perfluoroheptane) | 335-57-9 | CF3(CF2)5CF3 | 7,820 |
| PFC-7-1-18 Perfluorooctane | 307-341-6 | CF3(CF2)6CF3 | 7,620 |
| PFC-9-1-18 (perfluorodecalin) | 306-94-5 | C10F18 | 7,500 |
| Perfluorodecalin (cis) | 60433-11-6 | Z-C10F18 | 7,236 |
| Perfluorodecalin (trans) | 60433-12-7 | E-C10F18 | 6,288 |
| PFC-1114 Tetrafluoroethylene (TFE) | 116-14-3 | [C2F4] | 0.004 |
| PFC-1216 Perfluoropropene | 116-15-4 | CF3CF=CF2 | 0.05 |
| PFC C-1418 Perfluorocyclopentene | 559-40-0 | c-C5F8 | 1.97 |
| Perfluorobut-2-ene | 360-89-4 | CF3CF=CFCF3 | 1.82 |
| Perfluorobut-1-ene | 357-26-6 | CF3CF2CF=CF2 | 0.10 |
| Perfluorobuta-1,3-diene | 685-63-2 | CF2=CFCF=CF2 | 0.003 |
"Innovative Control Technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy economics, or non-air quality environmental impacts.
"Lowest Achievable Emission Rate" (LAER) means the same as defined in 7 DE Admin. Code 1101, "Definitions and Administrative Principles".
"Major Modification"
* | Major modification means any physical change or change in the method of operation of a major stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the CAA. |
* | Any net emissions increase that is significant for either volatile organic compounds or nitrogen oxides shall be considered significant for ozone. |
* | A physical change or change in the method of operation shall not include: |
* | Routine maintenance, repair and replacement; |
* | Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; |
* | Use of an alternative fuel by reason of an order or rule under Section 125 of the CAA; |
* | Use of an alternative fuel at a steam-generating unit to the extent that the fuel is generated from municipal solid waste; |
* | Use of an alternative fuel or raw material by a stationary source which: |
* | The source was capable of accommodating before January 6, 1975; unless such change would be prohibited under any previously issued permit condition which was established after January 6, 1975; |
* | The source is approved to use under any previously issued PSD permit or under Section 3.0 of this regulation; |
* | An increase in the hours of operation or in the production rate, unless such change would be prohibited under any previously issued permit condition which was established after January 6, 1975; |
* | Any change in ownership at a stationary source. |
"Major Source Baseline Date" means in the case of PM10 and SO2, January 6, 1975; in the case of NO2, February 8, 1988; and, in the case of PM2.5, October 20, 2010.
"Major Stationary Source" - See subsection 2.2 and subsection 3.1 of this regulation.
"Minor Source Baseline Date"
* | Minor Source Baseline date means the earliest date after August 7, 1977 in the case of PM10 and SO2; after February 8, 1988 in the case of NO2; and, after October 20, 2011 in the case of PM2.5, on which the first complete application is submitted by a major stationary source or major modification subject to the requirements of Section 3.0 of this regulation. |
* | The minor source baseline date is established for each pollutant for which increments or other equivalent measures have been established if: |
* | The area in which the proposed source or modification would construct is designated as attainment or unclassifiable for the pollutant on the date of its complete application under Section 1.0 of this regulation; and |
* | In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant. |
"Necessary Preconstruction Approvals or Permits" means those permits or approvals required under Delaware air quality control laws and regulations.
"Net Emissions Increase"
* | Net emissions increase means the amount by which the sum of the following exceeds zero: |
* | Any increase in actual emissions from a particular physical change or change in method of operation at a stationary source; and |
* | Any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable. |
* | An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: |
* | The date five years before construction on the particular change commences; and |
* | The date that the increase from the particular change occurs. |
* | An increase or decrease in actual emissions is creditable only if the Department has not relied on it in issuing a permit for the source under this regulation, which permit is in effect when the increase in actual emissions from the particular change occurs. |
* | An increase or decrease in actual emissions of sulfur dioxide or particulate matter which occurs before the applicable baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. |
* | An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level. |
* | A decrease in actual emissions is creditable only to the extent that: |
* | The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions; |
* | It is enforceable at and after the time that actual construction on the particular change begins; and |
* | It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. |
* | It has not been adopted by the Department as a required reduction to be made part of the SIP or it is not required by the Department pursuant to an existing requirement of the SIP. |
* | An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. |
"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.
"Potential to Emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.
"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.
"Reconstruction" will be presumed to have taken place where the fixed capital cost of the new components exceeds 50% of the fixed capital cost of a comparable entirely new stationary source. Any final decision as to whether reconstruction has occurred shall be made in accordance with the provisions of 40 CFR 60.15(f)(1)-(3). A reconstructed stationary source will be treated as a new stationary source for purposes of this regulation. In determining lowest achievable emission rate (LAER) for a reconstructed stationary source, the provisions of 40 CFR 60.15(f)(4) shall be taken into account in assessing whether a new source performance standard is applicable to such stationary source.
"Secondary Emissions" means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this regulation, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions may include, but are not limited to:
| * | Emissions from ships, trains, or other vehicles coming to or from the new or modified stationary source; and |
| * | Emissions from any offsite support facility or facilities which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification. |
"Significant"
Pollutant and Emissions Rate
Carbon monoxide: 100 tons per year (TPY)
Nitrogen oxides: 40 TPY
Sulfur dioxide: 40 TPY
Particulate matter: 25 TPY
Ozone:
New Castle and Kent Counties - 25 TPY of either volatile organic compounds or nitrogen oxides *
Sussex County - 40 TPY of either volatile organic compounds or nitrogen oxides *
Lead: 0.6 TPY
Asbestos: 0.007 TPY
Beryllium: 0.0004 TPY
Mercury: 0.1 TPY
Vinyl chloride: 1 TPY
Fluorides: 3 TPY
Sulfuric acid mist: 7 TPY
Hydrogen sulfide (H2S): 10 TPY
Total reduced sulfur (including H2S): 10 TPY
Reduced sulfur compounds (including H2S): 10 TPY
PM10 particulate: 15 TPY
PM2.5: 10 TPY of direct PM2.5 emissions; 40 TPY of sulfur dioxide emissions; 40 TPY nitrogen oxide emissions.
*Note: Increases in net emissions shall not exceed 25 tons per year in New Castle and Kent Counties, or 40 tons per year in Sussex, when aggregated with all other net increases in emissions from the source over any period of five consecutive calendar years which includes the calendar year in which such increases occur. No part of the five consecutive years shall extend before January 1, 1991.
"Stationary Source" means any building, structure, facility or installation which emits or may emit any air pollutant subject to regulation under the CAA.
"Subject to Regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by EPA, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that GHG shall not be subject to regulation except as follows:
| * | The stationary source is a new major stationary source for any pollutant subject to regulation under the CAA that is not GHG and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or |
| * | The stationary source is an existing major stationary source for any pollutant subject to regulation under the CAA that is not GHG and also will have an emissions increase of any pollutant subject to regulation under the CAA that is not GHG and an emissions increase of 75,000 tpy CO2e or more: and, in addition, |
| * | At a new stationary source that will emit or have the potential to emit 100,000 tpy CO2e: or |
| * | At an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO2e or more. |
The term emissions increase, as used above, shall mean that both a significant emissions increase and a significant net emissions increase occur.
"Surplus" (Reductions) means actual emission reductions below the baseline (see subsection 2.5 .2 of this regulation) not required by regulations or proposed regulations, and not used by the source to meet any state or federal regulatory requirements.
12/11/2016
7 Del. Admin. Code § 1125-1.0
15 DE Reg 1169 (02/01/12)
16 DE Reg. 214 (08/01/12)
16 DE Reg. 1279 (06/01/13)
17 DE Reg. 744 (1/1/2014)
20 DE Reg. 461 (12/1/2016) (Final)