7 Del. Admin. Code § 1130-2.0
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 applicable requirements of the Act.
"Act" means the Clean Air Act, as amended by the Clean Air Act Amendments of November 15, 1990, 42 U.S.C. 7401 et seq.
"Affected source" means a source that includes one or more affected units.
"Affected states" means all states:
(1) that
(a) are one of the following contiguous states: Maryland, New Jersey and Pennsylvania; and
(b) in the judgment of the Department, may be directly affected by emissions from the facility seeking the permit, permit modification, or permit renewal being proposed; or
(2) that are within 50 miles of the permitted source.
"Affected unit" means a unit that is subject to emission reduction requirements or limitations under Title IV (Acid Disposition Control) of the Act, as defined.
"Applicable requirement" means all of the following as they apply to emissions units in a covered source subject to this regulation (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future-effective compliance dates, provided that those requirements will, upon the effective compliance date, be applicable to the operations addressed in the permit):
(1) Any standard or other requirements provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I (Air pollution Prevention and Control) of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR, Part 52 (Approval and Promulgation of Implementation Plans);
(2) Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I (Air Pollution Prevention and Control), including Parts C (Prevention of Significant Deterioration of Air Quality) or D (Plan Requirements for Nonattainment Areas), of the Act;
(3) Any standard or other requirement under section 111 (Standards of Performance for New Stationary Sources) of the Act, including section 111(d);
(4) Any standard or other requirement under section 112 (Hazardous Air Pollutants) of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act, but not including the contents of any risk management plan required under section 112(r) of the Act;
(5) Any standard or other requirement of the acid rain program under Title IV (Acid Disposition Control) of the Act, or the regulations promulgated thereunder;
(6) Any requirements established pursuant to section 504(b) (Permit Requirements and Conditions - Monitoring and Analysis) or section 114(a)(3) (Inspections, Monitoring and Entry), of the Act;
(7) Any standard or other requirement governing solid waste incineration, under section 129 (Solid Waste Combustion) of the Act;
(8) Any standard or other requirement for consumer and commercial products, under section 183(e) (Federal Ozone Measures - Control of Emissions from Certain Sources) of the Act;
(9) Any standard or other requirement for tank vessels, under section 183(f) (Federal Ozone Measures - Tank Vessel Standards) of the Act;
(10) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under section 328 (Air Pollution from Outer Continental Shelf Activities) of the Act;
(11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI (Stratospheric Ozone Protection) of the Act, unless the Administrator has determined that such requirements need not be contained in a Title V (Permits) permit; and
(12) Any national ambient air quality standard or increment or visibility requirement under Part C (Prevention of Significant Deterioration of Air Quality) of Title I (Air Pollution Prevention and Control) of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) (Inspection, Monitoring and Entry - Temporary Sources) of the Act.
"Area source" means any stationary source of hazardous air pollutants that is not a major source. For purposes of this regulation, the term "area source" shall not include motor vehicles or nonroad vehicles subject to regulation under Title II (National Emission Standards) of the Act.
"Covered source" means sources to which this regulation applies pursuant to 3.0 of this regulation.
"Department" means the Delaware Department of Natural Resources and Environmental Control as defined in 29 Del.C. Ch 80, as amended.
"Designated representative" means a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in matters pertaining to the holding, transfer or disposition of allowances allocated to a unit and the submission of and compliance with permits, permit applications and compliance plans for the unit, and shall have the meaning given to it in the regulations promulgated under the Act.
"Draft permit" means the version of a permit for which the Department offers public participation under 7.10 or affected state review under 8.1 of this regulation.
"Emissions allowable under the permit" means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.
"Emission unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) (Hazardous Air Pollutants - List of Pollutants) of the Act. This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV (Acid Disposition Control) of the Act.
"The EPA or the Administrator" means the Administrator of the EPA or his designee.
"Final permit" means the version of a Part 70 permit issued by the Department that has completed all review procedures required by 7.0 and 8.0 of this regulation.
"Fugitive emissions" mean those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.
"Major source" means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that are described in paragraph (1), (2), or (3) of this definition. For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.
(1) A major source under section 112 (Hazardous Air Pollutants) of the Act, defined as:
(i) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year ("tpy") or more of any hazardous air pollutant which has been listed pursuant to section 112(b) (Hazardous Air Pollutants - List of Pollutants) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or
(ii) For radionuclides, "major source" shall have the meaning specified by the Administrator by rule.
(2) A major stationary source of air pollutants, as defined in section 302 (Title III - General Definitions) of the Act, that directly emits or has the potential to emit, 100 tpy or more of any air pollutant subject to regulation (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of section 302(j) (Title III - General Definitions) of the Act, unless the source belongs to one of the following categories of stationary sources:
(i) Coal cleaning plants (with thermal dryers);
(ii) Kraft pulp mills;
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore reduction plants;
(vii) Primary copper smelters;
(viii) Municipal incinerators capable of charging more than 250 tons of refuse per day;
(ix) Hydrofluoric, sulfuric, or nitric acid plants;
(x) Petroleum refineries;
(xi) Lime plants;
(xii) Phosphate rock processing plants;
(xiii) Coke oven batteries;
(xiv) Sulfur recovery plants;
(xv) Carbon black plants (furnace process);
(xvi) Primary lead smelters;
(xvii) Fuel conversion plants;
(xviii) Sintering plants;
(xix) Secondary metal production plants;
(xx) Chemical process plants;
(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;
(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
(xxiii) Taconite ore processing plants;
(xxiv) Glass fiber processing plants;
(xxv) Charcoal production plants;
(xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or
(xxvii) All other stationary source categories regulated by a standard promulgated under section 111 (Standards of Performance for New Stationary Sources) or section 112 (Hazardous Air Pollutants) of the Act, but only with respect to those air pollutants that have been regulated for that category.
(3) A major stationary source as defined in Part D (Plan Requirements for Nonattainment Areas) of Title I (Air Pollution Prevention and Control) of the Act, including:
(i) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas classified as "serious," 25 tpy or more in areas classified as "severe," and 10 tpy or more in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25, and 10 tpy of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under section 182(f) (1) (2) (Plan Submissions and Requirements - NOx Requirements) of the Act, that requirements under section 182(f) of the Act do not apply;
(ii) For ozone transport regions established pursuant to section 184 (Control of Interstate Ozone Air Pollution) of the Act, sources with the potential to emit 50 tpy or more of volatile organic compounds;
(iii) For carbon monoxide nonattainment areas:
(A) that are classified as "serious", and
(B) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon monoxide; and
(iv) For particulate matter (PM10) nonattainment areas classified as "serious", sources with the potential to emit 70 tpy or more of PM10.
(4) For purposes of this regulation, a research and development operation may be treated as a separate source from other stationary sources that are located on a contiguous or adjacent property and under common control only if that operation belongs to a different major group as described in the Standard Industrial Classification Manual, 1987.
"Part 70 permit or permit" (unless the context suggests otherwise) means any permit or group of permits covering a covered source that is issued, renewed, amended, or revised pursuant to this regulation.
"Part 70 program or state program" means a program approved by the Administrator under 40 CFR Part 70 (State Operating Permit Programs).
"Part 70 or Part 70 regulations" means EPA's regulations published at 40 CFR Part 70, July 21, 1992 (State Operating Permit Programs).
"Permit modification" means a revision to a Part 70 permit that meets the requirements of 7.5 of this regulation.
"Permit revision" means any permit modification or administrative permit amendment.
"Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air 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 is enforceable by the Administrator or the Department. This term does not alter or affect the use of this term for any other purposes under the Act, or the term "capacity factor" as used in Title IV (Acid Disposition Control) of the Act, or the regulations promulgated thereunder.
"Proposed permit" means the version of a permit that the Department proposes to issue and forwards to the Administrator for review in compliance with 8.0 of this regulation.
"Regulated air pollutant" means the following:
(1) Nitrogen oxides or any volatile organic compounds;
(2) Any pollutant for which a national ambient air quality standard has been promulgated;
(3) Any pollutant that is subject to any standard promulgated under section 111 (Standards of Performance for New Stationary Sources) of the Act;
(4) Any Class I or II substance subject to a standard promulgated under or established by Title VI (Stratospheric Ozone Protection) of the Act; or
(5) Any pollutant subject to standards promulgated under section 112(d), (f) and (h) (Hazardous Air Pollutants), or other requirements established under sections 112(g), (j), and (r) of the Act. Where such a standard or other requirement applies only to one or more sources or categories of sources of an air pollutant, that pollutant is a "regulated air pollutant" only with respect to those sources or categories. If the Administrator fails to promulgate a standard by the date established pursuant to section 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated as to that source on the date 18 months after the applicable date established pursuant to section 112(e) of the Act.
"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 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;
(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 (e.g., a Regional Administrator of EPA); or
(4) For affected sources:
(i) The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV (Acid Disposition Control) of the Act, or the regulations promulgated thereunder are concerned; and
(ii) The designated representative for any other purposes under this regulation.
"Section 502 (b)(10) changes" (Permit Programs - Regulations) mean changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.
"Source category" means sources which may have the same or similar operations, emissions, activities; which may emit the same type of regulated air pollutants; which are subject to the same or similar standards, limitations and operating requirements; or which may be subject to the same or similar monitoring requirements.
"Source category permit" means a Part 70 permit that meets the requirements of 6.4 of this regulation.
"Stationary source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under section 112(b) (Hazardous Air Pollutants - List of Pollutants) of the Act.
"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 the 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 greenhouse gases (GHG) as the aggregate group of six greenhouse gases: carbon dioxide (CO2), nitrous oxide (N2O), methane (CH4), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6) shall not be subject to regulation except as follows:
(1) As of July 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit 100,000 tpy CO2 equivalent emissions.
(2) Beginning January 2, 2011, the pollutant GHG shall be subject to regulation if:
* | 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 CO2 equivalent emissions (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, |
(3) Beginning July 1, 2011, the pollutant GHG also shall be subject to regulation:
* | 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 in the definition of "subject to regulation", means that both a significant emissions increase and a significant net emissions increase occur.
(4) The term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHG emitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHG, by the gas's associated global warming potential as shown in Table 2-1 of this regulation "Global Warming Potentials", and summing the resultant value for each to compute a tpy CO2e. 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 nonfossilized and biodegradable organic material).
Table 2-1
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 | CH2FCH2F | 124 |
HFC-161 | 353-36-6 | CH3FCH2F | 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 |
11/15/1993
7 Del. Admin. Code § 1130-2.0
26 DE Reg. 123 (8/1/2022) (Final)