7 Del. Admin. Code § 1130-3.0

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

Section 1130-3.0 - Applicability

3.1 Covered Sources. Except as exempted from the requirement to obtain a permit under 3.2 of this regulation and elsewhere herein, the following sources are subject to the permitting requirements under this regulation:

3.1.1 Any major source;

3.1.2 Any source, including an area source, subject to a standard, limitation, or other requirement under Section 111 (Standards of Performance for New Stationary Sources) of the Act;

3.1.3 Any source, including an area source, subject to a standard or other requirement under section 112 (National Emissions Standards for Hazardous Air Pollutants) of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of the Act;

3.1.4 Any affected source; and

3.1.5 Any source that is subject to applicable requirements.

3.2 Source Category Exemptions

3.2.1 All sources listed in 3.1 of this regulation that are not (i) major sources, (ii) affected sources, or (iii) solid waste incineration units required to obtain a permit pursuant to section 129(e) (Solid Waste Combustion - Permits) of the Act, are exempt from the obligation to obtain a Part 70 permit. Any such exempt source may opt to apply for a permit under this regulation and shall be issued a permit if the applicant otherwise satisfies all of the requirements of this regulation.

3.2.2 Sources in the following source categories are exempted from the obligation to obtain a permit under this regulation:

3.2.2.1 All sources in source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 60, Subpart AAA, "Standards of Performance for New Residential Wood Heaters"; and

3.2.2.2 All sources in source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61, Subpart M, "National Emission Standards for Hazardous Air Pollutants" for Asbestos, section 61.145, "Standard for Demolition and Renovation".

3.3 Emissions Units and Covered Sources

3.3.1 For major sources, the permit shall include all applicable requirements for all emissions units in the major source.

3.3.2 For any nonmajor source subject to the Part 70 Program under 3.1 or 3.2 of this regulation, the permit shall include all applicable requirements applicable to emissions units that cause the source to be subject to the Part 70 Program.

3.4 Fugitive Emissions. Fugitive emissions from a covered source shall be included in the permit application and the permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.

3.5 Nonmajor Sources. In the case of nonmajor sources subject to a standard or other requirement under either section 111 or section 112 of the Act after July 21, 1992, the Administrator will determine whether to exempt any or all such applicable sources from the requirement to obtain a Part 70 Permit at the time that the new standard is promulgated.

3.6 Variances. Any determination by the Secretary to not require a permit under 7 Del.C. Ch 60, § 6003(e), or any variance granted by the Secretary under 7 Del.C. Ch 60, § 6011, shall not apply to this rule until such time as the exemption or variance is approved by the Administrator.

11/15/1993

7 Del. Admin. Code § 1130-3.0

26 DE Reg. 123 (8/1/2022) (Final)