U.S. DEPARTMENT Of COMMERCE
National Technical Information Sanrica
PB-290 256
Air Pollution Regulations in State
Implementation Plans: Delaware
Abcor Inc, Wilmington, MA Waiden Div
*«-
TOT
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290256
EPA-450/3-78-057
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Delaware
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-057
2.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation
Plans: Delaware
3. RECIPIENT'S ACCESSION-NO. x
PS ago 2$&
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
1. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS
c. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
21.
22. PRICE
HF
bit
EPA Form 2220-1 (9-73)
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EPA-450/3-78-057
Air Pollution Regulations
in State Implementation Plans:
Delaware
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-057
11
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INTRODUCTION
This document has been produced in compliance with Section T10(h)(1)
of the Clean- Air Act Amendments of 1977. The Federally enforceable-
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislations Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the.. 1977 Clean Air Actr Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or-owned facilities or projects. Therefore, the
Federally promulgated"indirect-source, regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since. State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is. also included..
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
EPA-APPROVED REGULATION CHANGES
DELAWARE
Submittal Date
1/16/75
Approval Date
3/23/76
Description
I-XIX Revised
Section Number
52.426
52.432
FEDERAL REGULATIONS
Description
Review of New or Modified Indirect Sources
Prevention of Significant Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 . GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULRJRIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
STATE REGULATIONS
Revised Standard
Subject Index
(1.0) (2.0)
Section
Number
Reg. No. I
(2.0)
(1.0)
(2.0)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(4.0)
(2.0)
(2.0)
(4.1)
Section 1
Section 2
Section 3
Reg. No. II
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Reg. No. Ill
Section 1
Section 2
Section 3
Title Page
Definitions and Administrative
Principles 1
General Provisions 1
Definitions 1
Administrative Principles 8
Registration and Permits 10
General Provisions 10
Registration of Air Contaminant
Sources 10
Construction, Installation,
Alteration and Operation Permits 10
Exemptions 12
Applications Prepared by
Interested Party 15
Cancellation of Permits 15
Action on Applications 16
Suspension or Revocation of
Operating Permits 16
Transfer of Permit Prohibited 16
Availability of Permits 16
Ambient Air Quality Standards 17
General Provisions 17
General Restrictions 18
Suspended Particulates 18
VIII
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Revised Standard
Section
Subject Index
(4.2)
(4.5)
(4.6)
(4.4)
(4.3)
(4.7)
(51.5)
(2.0)
(50.1)
(51.0)
(2.0)
(2.0)
(51.8)
(51.17)
(51.15)
(51.21)
(50.7)
(51.3)
(2.0)
(51.3)
Number
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Reg. No. IV
Section 1
Section 2
Reg. No. V
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Reg. No. VI
Section 1
Section 2
Title
Sulfur Dioxide
Carbon Monoxide
Photochemical Oxidants
Hydrocarbons
Nitrogen Dioxide
Hydrogen Sulfide
Parti cul ate Emissions From
Fuel Burning Equipment
General Provisions
Emission Limits
Parti cul ate Emissions From
Industrial Process Operations
General Provisions
General Restrictions
. Restrictions on Hot Mix Asphalt
Batching Operations
Restrictions on Secondary Metal
Operations
Restrictions on Petroleum
Refining Operations
Restrictions on Prill Tower
Operations
Control of Potentially Hazardous
Parti cul ate Matter
Parti cul ate Emissions From
Construction and Materials Handling
General Provisions
Demolition
Page
19
19
20
20
20
20
21
21
21
22
22
22
22
23
24
25
26
27
27
27
IX
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Revised Standard
Section
Subject Index
(51.3)
(51.3)
(51.3)
(51.3)
(51.9)
(2.0)
(2.0)
(51.6)
(2.0)
(51.6)
(2.0)
(51.0)
(2.0)
(51.18)
(51.19)
(51.6)
(50.2)
(50.2)
10.0) (50.2)
Number
Section 3
Section 4
Section 5
Section 6
Reg. No. VII
Section 1
Section 2
Reg. No. VIII
Section 1
Section 2
Section 3
Reg. No. IX
Section 1
Section 2
Section 3
Section 4
Reg. No. X
Section 1
Section 2
Title F
Grading, Land Clearing, Excava-
tion and Use of Non-Payed Roads
Material Movement
Sandblasting
Material Storage
Parti cul ate Emissions From
Incineration
General Provisions
Restrictions
Sulfur Dioxide Emissions From
Fuel Burning Equipment
General Provisions
Limit on Sulfur Content of Fuel
Emission Control in Lieu of
Sulfur Content Limits of Section 2
Sulfur Dioxide Emissions From
Industrial Operations
General Provisions
Restrictions on Sulfuric Acid
Manufacturing Operations
Restrictions on Sulfur Recovery
Operations
Stack Height Requirements
Control of Sulfur Dioxide
Emissions - Kent and Sussex Counties
Requirements for Existing Sources
of Sulfur Dioxide
Requirements for New Sources of
Sulfur Dioxide
>agc
27
27
27
27
28
28
28
30
30
30
30
31
31
31
32
33
34
34
34
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Revised Standard
Section
Subject Index
(51.0)
(2.0)
(51.15)
(51.7)
(2.0)
(2.0)
(51.13)
(2.0)
(2.0)
(51.13)
(51.13)
(50.1.2)
(2.0)
(2.0)
(8.0)
(2.0)
(8.0)
(2.0)
(8.0)
(4.0)
Number
Reg. No. XI
Section 1
Section 2
Reg. No. XII
Section 1
Section 2
Reg. No. XIII
Section 1
Section 2
Section 3
Section 5
Reg. No. XIV
Section 1
Section 2
Reg. No. XV
Section 1
Section 2
Section 3
Section 4
Reg. No. XVI
Title
Carbon Monoxide Emissions From
Industrial Process Operations
General Provisions
Restrictions on Petroleum
Refining Operations
Nitrogen Oxide Emissions From
Fuel Burning Equipment
General Provisions
Emission Limits in New Castle
County
Open Burning
General Provisions
General Restrictions
Open Burning for Plant Disease
or Pest Control
Domestic Burning
Visible Emissions
General Provisions
Requirements
Air Pollution Alert and
Emergency Plan
General Provisions
Stages and Criteria
Required Actions
Standby Plans
Sources Having An Interstate
Page
35
35
35
36
36
36
37
37
37
38
39
' 40
40
40
41
41
41
43
48
Air Pollution Potential
49
XI
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Revised Standard
Section
Subject Index
(2.0)
(2.0)
(2.0)
(13.0)
(9.0)
(51.1)
(51.1)
(51.1)
(50.6)
(2.0)
(2.0)
(2.0)
Number
Section
Section
Section
Reg. No.
Section
Reg. No.
Section
Section
Section
Reg. No.
Section
Section
Title
1 General Provisions
2 Limitations
3 Requirements
XVII Source Monitoring, Record
Keeping and Reporting
1 Sampling and Monitoring
XVIII Parti cul ate Emissions From
Grain Handling Operations
1 Parti cul ate Emissions From Grain
Dryers and Corn Shell ers
2 Restrictions for Chaff, Husks,
and Cobs
3 Registration, Plans of Corrective
Action and Permits
XIX Control of Odorous Air
Contaminants
1 General Provisions
2 Requirements
Page
49
49
49
50
50
51
51
51
51
53
53
53
FEDERALLY .PROMULGATED REGULATIONS
Revised Standard
Subject Index
(10.0)
(17.0)
Section
Number
52.426
52.432
Title
Review of New or Modified
Indirect Sources
Prevention of Significant
Deterioration
Page
55
65
XII
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REGULATION NO. I
(1.0)
(2.0) DEFINITIONS AND ADMINISTRATIVE PRINCIPLES
(2.0) Section 1 - General Provisions
1.1 The words and phrases defined and the administrative principles presented
in this regulation shall apply to all regulations, unless the context
clearly indicates otherwise.
(1.0) . Section 2 - Definitions
2.01 ACT: Title 7, Delaware Code, Chapter 60, entitled Division of Environ-
mental Control.
2.02 ACTIVITY: Construction, or operation, or use of any facility, property,
or device.
2.03 ACTUAL OPERATING CONDITIONS: Any conditions or operating parameters, or
the quantities representing these conditions or parameters, which exist
during any operation.
2.04 AIR CONTAMINANT: Particulate matter, dust, fumes, gas, mist, smoke, or
vapor or any combination thereof, exclusive of uncombined water.
2.05 AIR CONTAMINANT CONTROL DEVICE OR SYSTEM: Any method, process, equipment,
or stack which removes, reduces, or renders less noxious air contaminants
discharged into the atmosphere.
2.06 AIR CONTAMINANT SOURCE; Any source from which there is emitted into the
atmosphere any air contaminant regardless of who owns the property or fa-
cility from which the emission comes. Without limiting the generality of
the foregoing, this term includes all types of commercial and industrial
plants and works, heating and power plants and stations, shops and stores;
buildings and other structures of all types, including single and multiple
family residences, apartment houses, office buildings, public buildings,
hotels, restaurants, schools, hospitals, churches, and other institutional
buildings, automobiles, trucks, tractors, buses and other motor vehicles
(hereinafter called "motor vehicles"); garages, vending and service lo-
cations and stations; railroad locomotives; ships, boats and other water-
borne craft; airborne craft; portable fuel-burning equipment; incinerators
of all types; indoor and outdoor; and refuse dumps and piles.
2.07 AIR POLLUTION: The presence in the outdoor atmosphere of one or more air
contaminants in sufficient quantities and of such characteristics and
duration as to be injurious to human, plant, or animal life or to property
or which unreasonably interferes with the enjoyment of life and property
within the jurisdiction of this State, excluding all aspects of employer-
employee relationships as to health and safety hazards.
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2.08 AIR QUALITY CRITERIA: A series of observed relationships between air
pollutants and their effects on health, welfare, vegetation, or property.
Criteria for any given effect are expressed in terms of pollutant con-
centrations, duration of exposure and method of measurement.
2.09 AIR QUALITY STANDARD: An air quality level as established by Regulations
in terms of a limit on contaminant levels in the atmosphere. Such stan-
dards shall be consistent with the air quality criteria.
2.10 AIR STAGNATION: A weather situation characterized by limited horizontal
and vertical mixing.
2.11 AIR STAGNATION ADVISORY: The National Weather Service method of advising
of the existence of air stagnation over a discrete area.
2.12 ALTERATION: Any physical change in, or change in the method of operation
of, any air contaminant source which results in the addition of a new air
contaminant or an increase in the quantity of one or more existing air
contaminants, except for routine maintenance, repair and replacement.
2.13 AMBIENT AIR: Atmosphere.
2.14 ATMOSPHERE: The air that envelops or surrounds the earth and includes all
spaces outside of buildings, stack or exterior ducts.
2.15 AUXILIARY BURNER: Equipment to supply additional heat, by the combustion
of an auxiliary fuel, for the purpose of attaining temperatures sufficiently
high (a) to dry and ignite waste material, (b) to maintain ignition thereof,
and (c) to promote complete combustion of combustible solids, liquids, and
gases.
2.16 AUXILIARY HEAT INPUT: The heat value of an auxiliary fuel provided to
promote complete combustion.
2.17 BACKGROUND CONCENTRATION: The concentration of an air contaminant which
is due to natural sources.
2.18 BOILER LANCING: The operation of removing soot, slag, and/or fly ash from
the walls of the firebox, generating tubes, and other parts of fuel burn-
ing equipment.
2.19 BRITISH THERMAL UNIT: The quantity of heat required to raise the tempera-
ture of one pound of water one degree Fahrenheit at or near its point of
maximum density (39.1°F), usually abbreviated BTU.
2.20 COMBUSTION CONTAMINANT: Any air contaminant discharged into the atmos-
phere by reason of a combustion operation.
2.21 COMBUSTION OPERATION: Any operation which causes or results in the burning
of any type of material.
- 2 -
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2.22 COMFORT HEATING EQUIPMENT: Fuel burning equipment designed to heat the
interior of a building or dwelling for the sole purpose of providing com-
fort for the inhabitants of the structure.
2.23 COMFORT VENTILATING EQUIPMENT: Equipment producing an emission into the
open air resulting from the cooling of the interior of a building or
dwelling for the sole purpose of providing comfort for the inhabitants
of the structure.
2.24 CONSTRUCTION. INSTALLATION OR ALTERATION PERMIT: Written notice that the
construction, installation or alteration of an air contaminant source or
control device has been approved by the Department.
2.25 CONTAMINATED WASTE: Waste having been exposed to, or potentially capable
of spreading, a communicable disease.
2.26 DEPARTMENT: The Department of Natural Resources and Environmental Control
as defined in Title 29, Delaware Code, Chapter 80 as amended.
2.27 DESULFURIZED FUEL GAS: A fuel gas with the sulfur content reduced to less
than ten (10) grains of H2S per one hundred (100) standard cubic feet of
fuel gas.
2.28 DISTILLATE FUEL OIL: Any liquid fuel derived directly or indirectly as
the distilled product of crude petroleum, and having a maximum Saybold
Universal viscosity of forty (40) seconds at one hundred (100) degrees
Fahrenheit.
2.29 DIVISION: The Division of Environmental Control
2.30 DOMESTIC BURNING: The open burning of leaves, tree branches, or yard
trimmings, other than tree trunks and tree roots, originating on the
premises and conducted by individuals domiciled on the premises; but
excluding commercial operations.
2.31 EFFECTIVE STACK HEIGHT: The sum of the stack height and the rise of the
stack gases above the stack due to the exit velocity and the temperature
of the gases.
2.32 ENGINEERING GUIDE: A statement of guidelines, engineering factors to be
considered, standards established, or general procedures to be followed
in meeting the requirements of various regulations adopted by the De-
partment.
2.33 EQUIPMENT START-UP: The process of bringing a unit of equipment on-line
from an inoperative condition such that normal production rates are
being achieved.
2.34 EXISTING INSTALLATION. EQUIPMENT. SOURCE. OR OPERATION: Any air con-
taminant source or control device under construction or in existence
at the time of adoption of an applicable Regulation.
- 3 -
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2.35 FLARE: An engineered device designed to burn waste gases from process
operations or relief valves.
2.36 FLUE: See "STACK".
2.37 FLUE GAS: Products of combustion which are transported through a flue.
2.38 FLY ASH: Any particles of gas-borne solid matter resulting from the com-
bustion of solid fuel but excluding process emissions.
2.39 FUEL: Any combustible matter including, but not limited to coal, gas,
oil , and refuse.
2.40 FUEL BURNING EQUIPMENT: Any equipment used for the burning of fuel or
other combustible material for the primary purpose of utilizing the ther7
mal energy released.
2.41 GARBAGE : Animal or vegetable waste matter originating in houses, kitchens,
restaurants, hotels, produce markets or similar installations.
2.42 HAZARDOUS PARTI CULATE MATTER: Parti cul ate matter which poses special
health hazards due to chemical or biological reactivity or particle size.
2.43 HEAT INPUT: The potential thermal energy resulting from the complete
combustion of any fuel.
2.44 INCINERATION: The process of igniting and burning solid, semi-solid,
liquid, or gaseous combustible waste to their products of combustion.
2.45 INCINERATOR: An engineered apparatus, and all appurtenances thereto,
designed to reduce combustible solid, semi-solid, liquid, or gaseous
waste by high temperature burning. Incinerators shall be classified
in accordance with engineering guides and acceptable practices.
2.46 INDIRECT HEAT EXCHANGE: Transfer of thermal energy in such a manner that
the material being heated is not contacted by and adds no substance to
the products of combustion.
2.47 INDUSTRIAL WASTE: Any. waste produced by a manufacturing process.
2.48 LINEAR EXTRAPOLATION: A technique for determining an unknown value lying
numerically outside the range of a series of values which is in direct
linear proportion to another series of known values by comparing the two
series, utilizing the following equation:
x - a
3 =
- b3
- 4 -
-------
where: x = The unknown value;
82 = Any known value in the series containing the unknown value;
33 = Any known value, other than a£ , in the series containing
the unknown value;
b-j = The value in the series of known values corresponding to x;
02 = The value in the series of known values corresponding to ^ >
63 = The value in the series of known values corresponding to 33 .
2.49 LINEAR INTERPOLATION: A technique for determining an unknown value lying
numerically inside the range of a series of values which is in direct lin-
ear proportion to another series of known values by comparing the two
series, utilizing the equation set forth under Section 2.48 of this Reg-
ulation.
2.50 MANUFACTURING PROCESS: Any process principally operated for the purpose
of producing any durable or consumable good or goods.
2.51 MASS EMISSION RATE: The weight of any air contaminant discharged per unit
of time.
2.52 MATERIAL: Any gas, liquid, or solid or any combination thereof.
2.53 METROPOLITAN PHILADELPHIA INTERSTATE AIR QUALITY CONTROL REGION: A
geographical region composed of Burlington, Camden, Gloucester, Mercer,
and Salem Counties in the State of New Jersey; Bucks, Chester, Delaware,
Montgomery, and Philadelphia Counties in the State of Pennsylvania; and
New Castle County in the State of Delaware.
2.54 NATIONAL AMBIENT AIR QUALITY STANDARDS: Those primary and secondary am-
bient air quality standards which are promulgated by the Administrator
of the Federal Environmental Protection Agency.
2.55 NATIONAL WEATHER SERVICE: An agency of the United States Commerce Depart-
ment charged with the responsibility of providing weather information and
service to the public and to commercial aviation.
2.56 NATURAL SOURCE: Any air contaminant source which is not man-made.
2.57 NEU INSTALLATION, EQUIPMENT. SOURCE. OR OPERATION: Any air contaminant
source or control device not under construction or in existence at the
time of adoption of any applicable Regulation.
2.58 NITROGEN OXIDES: Nitric oxide (NO.) or nitrogen dioxide (N02) or any
combination thereof.
2.59 ODOR: That property of an air contaminant that affects the sense of smell
2.60 OPACITY: That condition which renders material partially or wholly im-
pervious to rays of light and causes a degree of obstruction to an ob-
server's view.
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2.61 OPEN AIR: See "ATMOSPHERE".
2.62 OPEN BURNING: Any fire which is not conducted in fuel burning or process
equipment or an incinerator.
2.63 OPERATING PERMIT: Written notice that the operation of an air contaminant
source or control device has been approved by the Department.
2.64 PATHOLOGICAL WASTE: Human and animal remains and wastes, consisting of
carcasses, organs, and organic wastes from hospitals, laboratories, sewage
treatment facilities and similar sources, consisting of up to 85% moisture
and 5% incombustible solids.
2.65 PARTICULATE MATTER: Material, other than uncombined water, which is
suspended in or discharged into the atmosphere as a liquid or solid.
2.66 PERSON: Any individual, firm, association, organization, partnership,
business trust, corporation, company, contractor, supplier, installer,
developer, user or owner, or any Federal, State or Local governmental
agency or public district or any officer or employee thereof.
2.67 PRILLING OPERATION: Any solidification process which employs the mechan-
ism of molten droplets in free fall through a heat exchange medium.
2.68 PRIMARY AMBIENT AIR QUALITY STANDARDS: Those ambient air quality stan-
dards which, in the judgment of the Department, are requisite to protect
the public health and allow an adequate margin of safety.
2.69 PRIVATE DWELLING: A domestic residence housing no more than three (3)
families and where no commercial or industrial activity is carried on.
2.70 PROCESS EMISSION; Discharge into the atmosphere of air contaminants
resulting from a specific process or combination of processes.
2.71 PROCESS OPERATION: Any chemical, industrial, or manufacturing operation
including, but not limited to, heat transfer, fluid flow, evaporation,
humidification, absorption, extraction, distillation, drying, mixing,
classification, sedimentation, decantation, filtration, crystallization,
centrifugation, disintegration and material handling.
2.72 PROCESS WEIGHT RATE: A rate established as follows:
(a) For continuous or long-run steady-state source operations, the total
process weight for the entire period of continuous operation or for
a typical portion thereof, divided by the number of hours of such
period or portion thereof.
(b) For cyclical or batch unit operations or unit processes, the total
process weight for a period that covers a complete operation or an
integral number of cycles, divided by the hours of actual process
operation during such a period.
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Where the nature of any process or operation or the design of any
equipment is such as to permit more than one interpretation of
this definition, the interpretation that results in the minimum value
for allowable emission shall apply.
2.73 PROFESSIONAL ENGINEER: A person licensed to practice professional engin-
eering in the State of Delaware or otherwise eligible to practice engin-
eering within the State as determined by the Delaware Association of Pro-
fessional engineers.
2.74 RECREATIONAL PURPOSES: Any purpose which, in the judgment of the Depart-
ment, fulfills a physical or social need, including, but not limited to,
camping, ceremonies, and religious rites.
2.75 REFUSE: Garbage, rubbish, or trade waste.
2.76 RINGELMANN SMOKE CHART: The chart published and described in the U.S.
Bureau of Mines Information Circular 8333, or any chart, recorder, in-
dicator, or device for the measurement of smoke density which is approved
by the Department as the equivalent of said Ringelmann Scale.
2.77 RUBBISH: Waste solids not considered to be highly flammable or explosive,
including but not necessarily limited to rags, clothes, leather, rubber,
carpets, excelsior, paper, ashes, furniture, tin cans, glass, crockery
or masonry.
2.78 SALVAGE OPERATION: Any business, trade or industry engaged entirely or
partially in salvaging or reclaiming any product or material, including,
but not necessarily limited to, metals, chemicals, motor vehicles, ship-
ping containers or drums.
2.79 SANITARY LANDFILL: A method of disposing of refuse on land without
creating nuisances or hazards to public health or safety by utilizing
engineering principles to confine the refuse to the smallest practical
area, to reduce it to the smallest volume, and to cover it with a layer
of earth as frequently as may be required by the permit.
2.80 SCRUBBER: A gas washer or auxiliary equipment designed to remove con-
taminants in wet form from products of combustion or from process emis-
sions.
2.81 SECONDARY AMBIENT AIR QUALITY STANDARDS: Those ambient air quality stan-
dards which, in the judgment of the Department, are requisite to protect
the public welfare from any known or anticipated adverse effects asso-
ciated with the presence of air contaminants in the ambient air.
2.82 SECONDARY METAL OPERATION: Operations involving or related to the re-
fining of metal when such operations use a raw material other than the
metal ore.
2.83 SETTLEABLE PARTICULATES: Particulate matter present in air or other gases
which tend to settle out rather than remaining suspended.
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2.84 SMOKE: Small gas-borne particles resulting from incomplete combustion,
consisting predominantly of carbon and other combustible material.
2.85 SMOKE DETECTOR: A device using a light source and a light detector which
can automatically measure and record the light obscuring power of smoke
at a specific location in the flue or stack.
2.86 SOLID FUEL: A fuel which is fired as a solid, such as anthracite or
semi-anthracite, bituminous or sub-bituminous coal, lignite, coke, wood,
or any solid by-product of a manufacturing process that may be substituted
for any of the above specifically mentioned fuels.
2.87 SOOT BLOWING: The operation of removing soot, slag and/or fly ash from
the firebox walls or the tubes of fuel burning equipment by the use of
compressed air, steam or water.
2.88 STACK: A flue, chimney, conduit or other device constructed for the pur-
pose of discharging air contaminants into the atmosphere.
2.89 STACK HEIGHT: The vertical distance measured in feet between the point of
discharge from a stack into the atmosphere and the land thereunder.
2.90 STANDARD CONDITIONS: A gas temperature of 21°C (70°F) and a gas pressure
of one atmosphere (14.7 pounds per square inch absolute).
2.91 STATIONARY SOURCE: Any fixed building, structure, facility, installation,
or equipment which emits or may emit any air contaminant.
2.92 SULFUR RECOVERY OPERATION: Any operation designed for the recovery of
elemental sulfur.
2.93 SUSPENDED PARTICIPATES: Particulate matter which remains suspended in
ambient air.
2.94 TAIL GASES: Gases and vapors released into the atmosphere from an in-
dustrial process after all reaction and treatment has taken place.
2.95 TRADE WASTE: Any solid, liquid, or gaseous waste material or rubbish re-
sulting from construction, building operations, or the prosecution of any
business, trade or industry including, but not necessarily limited to,
plastic products, cartons, paint, grease, oil and other petroleum products,
chemicals or cinders.
2.96 VENT: See "STACK".
2.97 VISIBILITY METER: Any device used for the purpose of measuring, recording,
or indicating the reflectance of or opacity to light of an air contaminant
stream.
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(2.0) Section 3 - Administrative Principles
3.1 In certain Regulations, air quality standards will be established. These
standards shall not be interpreted to allow significant deterioration of
existing air quality in any portion of the State; otherwise; they shall be
paramount in matters pertaining to the control of air pollution throughout
the State.
3.2 In addition to or supplemental to these air quality standards, certain
emission requirements will be specified. Such emission requirements are
selected as minimum controls necessary to ensure a reasonable quality of
air throughout the State. Where it is established that these emission
requirements are inadequate to attain or maintain the applicable air
quality standard, the Department shall exercise its authority to require
additional control measures.
3.3 The Department intends to have Regulations adopted governing the control
of air pollution as rapidly as practicable. The lack of a Regulation
governing an air contaminant or combination of air contaminants will not
prevent the Department from taking any and all actions necessary to
maintain a reasonable quality of air throughout the State.
3.4 If any part of these Regulations, or the application of any part thereof,
is held invalid or unconstitutional, the application of such part to other
persons or circumstances, and the remainder of these Regulations shall not
be affected thereby and shall be deemed valid and effective.
3.5 The Department may enter into agreement(s) on a regional basis for the
purpose of attaining air quality goals. Such interstate agreements shall
facilitate the attainment and maintenance of air quality standards.
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REGULATION NO. II
(3.0) REGISTRATION AND PERMITS
(2.0) Section 1 - General Provisions
1.1 The purpose of this Regulation is to describe the requirements to report
and obtain approval of equipment which has the potential to discharge air
contaminants into the atmosphere.
(3.0) Section 2 - Registration of Air Contaminant Sources
2.1 The Department may require the written registration of air contaminant
sources when, in its opinion, such information is necessary for the con-
duct of work of the Department.
2.2 Registrations shall be made on forms furnished by the Department. The forms
may require information concerning the unit of equipment covered by the reg-
istration, the kind or amount of contaminant emitted by the equipment or any
additional information required by the Department for the purpose of enforc-
ing the rules and regulations of the Department of any change in any item of
information furnished in compliance with this subsection, other than change
of ownership, within a reasonable time not exceeding 30 days after the
change is made.
2.3 Registration shall be made by the owner or lessee of the equipment, or his
agent. If the registrant is a corporation, the registration shall be made
by one individual who is a member of the group. If the registrant is a
corporation, the registration shall be made by an appropriate representa-
tive of the corporation.
2.4 Information obtained through the provisions of this Regulation shall be
made available for public inspection at any Department office except where
such information is of a confidential nature as defined in Title 7, Del-
aware Code, Section 6014.
(3.0) Section 3 - Construction. Installation, Alteration and Operation Permits
3.1 No person shall initiate construction, install, alter, or initiate oper-
ation of any equipment or facility or air contaminant control device which
will emit an air contaminant prior to receiving approval of his application
from the Department. In situations in which construction, installation, or
alteration is proposed and operation of the equipment, facility, or air
contaminant control device is to follow, only one application need be sub-
mitted. The application shall consist of a description of at least the fol-
lowing:
a. The equipment or apparatus covered by the application; and
b. Any equipment connected or attached to, or servicing or served by the
unit of equipment or apparatus covered by the application;
and
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c. 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
d. The proposed means for the prevention or control of the emissions or
contaminant;
e. 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;
f. Any additional information, evidence or documentation required by the
Department to show what the proposed equipment or apparatus will do.
g. Methods and expected frequency of occurrence of the start-up and shut-
down of the equipment, including projected effects of emissions to the
atmosphere and on ambient air quality.
No approval to construct, install, alter, or initiate operation will be
granted unless the applicant shows to the satisfaction of the Department
that the source will not prevent or interfere with attainment or main-
tenance of any State or National Air Quality Standard. Any approval
granted by the Department shall not relieve an owner or operator of the
responsibility of complying with applicable local, State, and Federal
laws and regulations.
3.2 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. The Department may condition
approval to.operate on a demonstration by the applicant of satisfactory per-
formance, the Department may require the applicant to cease emissions from
the source. Upon granting written approval for operation, the Department
shall give notice of such approval within five days of the date of approval.
3.3 Within 60 days of receipt of a written request by the Department, an
owner or operator of an existing facility, equipment, or device which
emits or causes to be emitted an air contaminant, and which is not ex-
empted under Section 4.1, shall submit an application to the Department
for a permit.
3.4 No permit or renewal thereof 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 any rule or regulation of the
Department and without interfering with the attainment or maintenance of
National and State ambient air quality standards. 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.
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3.5 Before a permit or any renewal thereof 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 and/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 fo the Department. Such tests
shall be made at the expense of the applicant and shall be conducted in
a manner approved by the Department.
3.6 A 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
the Department.
3.7 In the event the Department denies a request for approval of a permit to
operate any equipment, facility, or device for which an application was
made, the applicant shall not commence operation until such time that
approval has been obtained from the Department or a permit to operate has
been issued by the Department.
3.8 Upon receipt of an application for the issuance of an operating permit or
any renewal thereof, the Department, in its discretion, may issue a
temporary operating permit valid for a period not to exceed ninety (90)
days.
(3.0) Section 4 - Exemptions
4.1 Any existing source which emits 25 tons per year or less of any air contam-
inant is exempt from the requirements of Section 3.3, except as provided
for in Subsection 4.3 and 4.4.
4.2 A permit for installation, alteration, or operation shall not be required
for the following new equipment or apparatus:
a. Air contaminant detector, air contaminant recorder, combustion
controller or combustion shut-off.
b. Fuel burning equipment, other than smokehouse generators, which:
1. Uses only natural gas, IP gas, or other desulfurized fuel
gas and has a rated heat input of less than 250 million
BTU per hour; or
2. Is used in a private dwelling as defined in Regulation I; or
3. Has a BTU input of less than 1,000,000 BTU per hour.
c. Air conditioning or comfort ventilating systems.
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d. Vacuum cleaning systems used exclusively for industrial, commercial,
or residential housekeeping.
e. Ventilating or exhaust systems for print storage room cabinets.
f. Exhaust systems for controlling steam and heat.
g. Laboratory equipment used exclusively for chemical or physical analyses.
h. Internal combustion engines and vehicles used for transport of pas-
sengers or freight, except as may be provided in subsequent Regulations.
i. Equipment or apparatus emitting less than ten pounds per day of any
air contaminant which, in the written opinion of the Department has
little or no potential of causing air pollution.
j. Maintenance, repair, or replacement in kind of equipment for which a
permit to operate has been issued.
k. Equipment which emits only nitrogen, oxygen, carbon dioxide, and/or
water vapor.
1. Ventilating or exhaust systems used in eating establishments where
food is prepared for the purpose of human consumption.
m. Equipment used to liquefy or separate oxygen, nitrogen or the rate
gases from the air.
n. Fireworks.
o. Smudge pots for orchards or small outdoor heating devices to prevent
freezing of plants.
p. Outdoor painting and sand blasting equipment.
q. Lawnmowers, tractors, farm equipment and construction equipment.
r. Gasoline station storage tanks and motor vehicle fuel servicing
equipment.
s. Fireplaces for burning of wood and paper.
4.3 Provisions of Subsection 4.1 shall not apply to equipment directly involved
in the following industries:
CHEMICAL PROCESS INDUSTRIES:
Chlorine
Explosives
Hydrofluoric acid
Nitric acid
Paint and varnish manufacturing
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Cont'd.
CHEMICAL PROCESS INDUSTRIES
Plastics manufacturing
Printing ink manufacturing
Sulfuric acid
Synthetic fibers
Synthetic rubber
FOOD AND AGRICULTURAL INDUSTRIES:
Alfalfa dehydrating
Feed and grain
Fertilizers
Fish meal processing
Meat smokehouses
METALLURGICAL INDUSTRIES:
Aluminum operations
Brass and bronze smelting
Ferroalloys
Gray iron foundries
Lead smelting
Steel foundries
Zinc processes
MINERAL PRODUCTS INDUSTRIES:
Asphalt roofing
Asphaltic concrete batching
Bricks and related clay refractories
Castible refractories
Cement
Concrete batching
Rock, gravel, and sand quarrying and processing
PETROLEUM REFINING:
PETROCHEMICAL OPERATIONS:
PIGMENT OPERATIONS:
ORGANIC CHEMICAL INDUSTRIES:
INORGANIC CHEMICAL INDUSTRIES:
WOOD PROCESSING:
PETROLEUM STORAGE:
MISCELLANEOUS:
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Fossil fuel burning equipment
Incinerators
4.4 Provisions of Subsections 4.1 and 4.2 shall not apply to any source which
emits an air contaminant designated as a hazardous pollutant by the Environ-
mental Protection Agency.
(3.0) Section 5 - Applications Prepared by Interested Party
5.1 Application for an installation or alteration permit or for the renewal
of such permit shall be made by the owner or lessee of the equipment, or
apparatus or his agent, on forms furnished by the Department. Appli-
cations for an operating permit or its renewal may be made by letter. If
the applicant is a partnership or group other than a corporation, the ap-
plication shall be made by one individual who is a member of the group.
If the applicant is a corporation, the application shall be made by an ap-
propriate representative of the corporation. The application shall be
filed at the Division of Environmental Control.
5.2 Each application shall be signed by the applicant, and certified by a pro-
fessional engineer as to the accuracy of the technical information concern-
ing the equipment, apparatus, or design features contained in the application,
plus plans and other papers submitted. For the renewal of a permit, the ap-
plicant's professional engineer shall certify that the equipment satisfies
the provisions of rules and regulations of the Department. The signature of
the applicant shall constitute an agreement that the applicant will assume
responsibility for the installation, alteration or use of the equipment or
apparatus concerned in accordance with the requirements of this Regulation.
5.3 Application for the renewal of an operating permit shall be postmarked or
date stamped by the Department upon personal delivery no later than ninety
(90) days prior to the expiration of the permit.
(3.0) Section 6 - Cancellation of Permits
6.1 The Department may cancel a permit if the installation or alteration is not
begun or if the work involved in the installation or alteration is not com-
pleted, within the time limits specified in the permit.
6.2 With the consent of the Department and at its discretion an applicant may
secure an extension of the expiration date after written request to the
Department stating the reasons therefore. An extension may be granted for
a period not to exceed six months. The Department shall not grant any fur-r
ther extensions without first holding a public hearing. The expense of
such hearing shall be borne by the applicant.
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(3.0) Section 7 - Action on Applications
7.1 The Department shall act within sixty (60) days on an application for a
permit or for a renewal of an operating permit and shall notify the
applicant in writing of the status of the application.
7.2 If an application is disapproved, the Department shall set forth its
objections in the notice of disapproval.
(3.0) Section 8 - Suspension or Revocation of Operating Permits
8.1 The Department may suspend or revoke an operating permit for violation
of this or any rule or regulation of the Department or any law administered
by the Department and may take such other actions as it deems necessary.
8.2 Suspension or revocation of an operating permit shall become final
immediately upon service of notice on the holder of the permit, unless
otherwise stated in the notice os suspension or revocation.
(3.0) Section 9 - Transfer of Permit Prohibited
9.1 No person shall transfer a permit from one location to another, or from
one piece of equipment to another. No person shall transfer a permit
from one person to another person unless thirty (30) days notice is
given to the Department, and approval of such transfer is obtained in
writing from the Department.
(3.0) Section 10 - Availability of Permits
10.1 Any permit shall be available on the premises designated on the permit.
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REGULATION NO. Ill
(4 Qv AMBIENT AIR QUALITY STANDARDS
(2.0) Section 1 - General Provisions
1.1 Air Quality Standards are required to assure that ambient air quality shall
be consistent with established criteria and shall serve to effectively and
reasonably manage the air resources of the State of Delaware.
1.2 At such time as additional pertinent information becomes available with
respect to applicable air quality criteria, recommendations shall be
incorporated and the air quality standards shall be subject to revisions.
1.3 The absence of a specific ambient air quality standard shall not preclude
actions by the Department to control contaminants to assure protection,
safety, welfare, and comfort of the people of the State of Delaware.
1.4 Air Quality Standards are defined by frequency distribution presentations
and arithmetic averages. The characteristic parameters describing the
frequency distribution are the geometric mean and 99th percentile.
a. The geometric mean is defined as the Nth root of the product
of N numbers. Assuming a log-normal cumulative frequency dis-
tribution, the 50th percentile value will be equal to the
geometric mean.
b. The arithmetic average (mean) is defined as the sum of a set of values
divided by the number of values.
c. The 99th percentile for a group of numbers is defined as that value
which is exceeded by one percent of the numbers.
1.5 The ambient air quality values stated herein shall apply to all areas out-
side a source property line.
1.6 The sampling and analytical procedures and techniques employed to deter-
mine ambient air concentrations of contaminants shall be consistent with
methods which result in a representative evaluation of the prevailing
conditions. The following methods shall be used directly or employed
as reference standards against which other methods may be calibrated;
a. Total suspended particulates shall be determined gravimetrically
from samples obtained by the filtration techniques of the high-
volume sampler, and shall be in accordance with procedures de-
scribed in "Air Pollution Measurements of the National Air Sampling
Network: Analyses of Suspended Particulates 1957-1961, "Public
Health Service Publication No. 978, Washington, D.C., 1962.
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b. Sulfur dioxide shall be determined colorimetrically by the
reference Pararosaniline method or by the Equivalent methods:
(1) Gas Chromatographic Separation - Flame Photometric Detection,
(2) Flame Photometric Detection, and (3) Coulometric Detection
provided certain precautions are taken as indicated in the Federal
Register of August 14, 1971, Volume 36, Number 158.
c. Carbon monoxide shall be determined by the Non-dispersive Infrared
(NDIR) method or by the equivalent method of Gas Chromatographic
Separation - Catalytic Conversion - Flame lonization Detection as
indicated in the Federal Register of August 14, 1971, Volume 36,
Number 158.
d. Photochemical oxidants shall be determined by the Gas Phase Chem-
iluminescence method or by the equivalent methods: (1) Iodide
Colorimetric Detection, and (2) UV Photometric Detection of ozone
provided certain precautions are taken as indicated in the Federal
Register of August 14, 1971, Volume 36, Number 158.
. e. Total hydrocarbons shall be determined by the flame ionization
technique as described by Andreatch and Feinland, "Continuous
Trace Hydrocarbons Analysis by Flame lonization." Anal. Chem.
32:1021-1024, July, 1960. Methane shall be determined by gas
chromatography. Non-methane hydrocarbons shall be determined
by the difference of these two measurements.
f. Nitrogen dioxide shall be determined by the U.S. Environmental
Protection Agency reference method or methods or such other method
as the State approves.
g. Hydrogen sulfide shall be determined by the Methylene Blue Colori-
metric Detection method or by the equivalent method of Gas Chro-
matographic Separation - Flame Photometric Detection.
(2.0) Section 2 - General Restrictions
2.1 No person shall cause the Air Quality Standards specified in this
Regulation to be exceeded.
(4.1) Section 3 - Suspended Particulates
3.1 The Primary Ambient Air Quality Standards for Particulate Matter are:
a. An annual geometric mean of 70 micrograms per cubic meter not to be
exceeded, based upon twenty-four hour average concentrations.
b. A value of 200 micrograms per cubic meter not to be exceeded more
than once per year, based upon twenty-four hour average concentrations.
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c. A value of 500 micrograms per cubic meter not to be exceeded,
based upon one hour average concentrations.
3.2 The Secondary Ambient Air Quality Standards for Particulate Matter are:
a. An annual geometric mean of 60 micrograms per cubic meter not to
be exceeded, based upon twenty-four hour average concentrations.
b. A value of 150 micrograms per cubic meter not to be exceeded more
than once per year, based upon twenty-four hour average concentrations.
(4.2) Section 4 - Sulfur Dioxide
4.1 The Primary Ambient Air Quality Standards for Sulfur Oxides measured as
Sulfur Dioxide are as follows:
a. An annual geometric mean value of 0.025 parts per million (ppm)
by volume, seventy (70) micrograms per cubic meter (ug/m3), not
to be exceeded, based upon twenty-four average concentrations.
b. An annual arithmetic average value of 0.030 ppm, 80 ug/m3, not
to be exceeded, based upon twenty-four hour average concen-
trations.
c. A 99th percentile value of 0.10 ppm, 260 ug/m3, not to be
exceeded, based upon twenty-four hour average concentrations.
d. A value of 0.13 ppm, 340 ug/m3, not to be exceeded more than
once per year, based upon twenty-four hour average concentrations.
4.2 The Secondary Ambient Air Quality Standards for Sulfur Oxides measured as
Sulfur Dioxide are as follows:
a. An annual arithmetic mean of 0.02 parts per million (ppm), 60
micrograms per cubic meter (ug/m ), not to be exceeded, based
upon twenty-four hour average concentrations.
b. A value of 0.1 parts per million (ppm), 260 ug/m , not to be
exceeded more than once per year, based upon twenty-four hour
average concentrations.
c. A value of 0.5 parts per million by volume, 1300 micrograms per cubic
meter, not to be exceeded more than once per year, based upon three
hour average concentrations.
(4.5) Section 5 - Carbon Monoxide
5.1 The average concentration of carbon monoxide taken over any consecutive
eight (8) hours shall not exceed a value of eight (8) parts per million
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by volume (9.2 milligrams per cubic meter) more than one tenth of one
percent (0.1%) of the time on an annual basis.
5.2 The average concentration of carbon monoxide taken over any consecutive
eight (8) hours shall not exceed a value of twelve (12) parts per million
by volume (13.8 milligrams per cubic meter).
5.3 The average concentration of carbon monoxide taken over any one (1)
hour period shall not exceed thirty-five (35) parts per million by
volume (40 milligrams per cubic meter).
(4.5) Section 6 - Photochemical Oxi.dants
6.1 The average concentration of photochemical oxidants taken over any one
(1) hour period shall not exceed a value of eight one-hundredths (0.08)
parts per million by volume (160 micrograms per cubic meter) more than
once per year.
6.2 The average concentration of photochemical oxidants taken over any one
(1) hour period shall not exceed a value of one tenth (0.1) part per
million by volume (200 micrograms per cubic meter).
(4.4) Section 7 - Hydrocarbons
7.1 The hydrocarbons standards in subsection 7.2 and 7.3 are for use as a
guide in devising implementation plans to achieve oxidant standards.
7.2 The average concentration of hydrocarbons, exclusive of methane, taken
over a three (3) hour period from 6:00 to 9:00 a.m., local time, shall
not exceed two tenths (0.2) parts per million (as carbon) by volume
(131 micrograms per cubic meter) more than once a year.
7.3 The average concentration of hydrocarbons, exclusive of methane, taken
over the three (3) hour period from 6:00 to 9:00 a.m., local time, shall
not exceed three tenths (0.3) parts per million by volume (196.5 micro-
grams per cubic meter).
(4.3) Section 8 - Nitrogen Dioxide
8.1 The annual arithmetic mean concentration of nitrogen dioxide shall not
exceed 0.05 parts per million (100 micrograms per cubic meter).
(4.7) Section 9 - Hydrogen Sulfide
9.1 The average concentration of hydrogen sulfide taken over any consecutive
three (3) minutes shall not exceed 0.06 ppm.
9.2 The average concentration of hydrogen sulfide taken over any consecutive
60 minutes shall not exceed 0.03 ppm.
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REGULATION NO. IV
(51.5) PARTICIPATE EMISSIONS FROM FUEL BURNING EQUIPMENT
(2.0) Section 1 - General Provisions
1.1 The emission of particulate matter from fuel burning equipment shall be
controlled to a limit that shall meet the ambient air quality require-
ments.
1.2 The provisions of this Regulation shall not apply where the heat input
to the equipment is less than 1,000,000 BTU per hour.
1.3 The provisions of this Regulation shall not apply to equipment or opera-
tions whose emissions are controlled by Regulation No. V or Regulation
No. VII.
1.4 For purposes of this Regulation, the heat input value shall be based
upon the manufacturer's guaranteed maximum input or the Department's
calculated input.
1.5 The provisions of this Regulation shall not apply to the start-up and
shutdown of equipment which operates continuously or in an extended
steady state when emissions from such equipment during start-up and
shutdown are governed by an operation permit issued pursuant to the
provisions of Section 3, Regulation No. II.
(50.1) Section 2 - Emission Limits
2.1 No person shall cause or allow the emission of particulate matter in
excess of 0.3 pounds per million BTU heat input, maximum 2-hour average,
from any unit of fuel burning equipment.
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REGULATION NO. V
(51.0) PARTICULATE EMISSIONS FROM INDUSTRIAL PROCESS OPERATIONS
(2.0) Section 1 - General Provisions
1.1 The emission of participate matter from industrial process equipment
shall be controlled to a limit that shall meet the ambient air quality
requirements.
1.2 The provisions of this Regulation shall not apply to indirect heat
exchangers which shall be controlled by Regulation No. IV.
1.3 For all tables in this Regulation, unless otherwise indicated, the
emission limitation for a process weight rate between any two consecu-
tive process weight rates shall be determined by linear interpolation.
1.4 For all tables in this Regulation, unless otherwise indicated, the
emission limitation for a process weight rate above the maximum process
weight rate or below the minimum process weight rate shall be determined
by linear extrapolation.
1.5 For purposes of this Regulation, the allowable mass emission rate of
particulate matter shall be determined for individual units of equip-
ment.
1.6 For operations involving similar units which are manifolded to a common
stack, control techniques shall be such that no unit is emitting partic-
ulate matter at a rate which is in excess of the mass emission rate al-
lowed by this Regulation.
1.7 The provisions of this Regulation shall not apply to the start-up and
shutdown of equipment which operates continuously or in an extended
steady state when emissions from such equipment during start-up and
shutdown are governed by an operation permit issued pursuant to the
provisions of Section 3, Regulation No. II.
(2.0) Section 2 - General Restrictions
2.1 No person shall cause or allow particulate emissions into the atmos-
phere from any source not provided for in subsequent sections of this
Regulation in excess of 0.2 grains per standard cubic foot.
(51.8) Section 3 - Restrictions on Hot Mix Asphalt Batching Operations
3.1 No person shall cause or allow particulate emissions from a hot mix
asphalt batching plant into the atmosphere in excess of the quantity
as listed in Table 1.
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TABLE 1
ALLOWABLE MASS EMISSION RATE FROM
HOT MIX ASPHALT BATCHING OPERATION
Process Weight Rate Stack Emission Rate
(Pounds Per Hour) (Pounds Per Hour)
10,000 10
20,000 16
30,000 22
40,000 28
50,000 31
100,000 33
200,000 37
300,000 40
400,000 43
500,000 47
600,000 50
(51.17) Section 4 - Restrictions on Secondary Metal Operations
4.1 No person shall cause or allow particulate emissions from secondary
metal operations into the atmosphere in excess of the quantity as
listed in Table 2.
TABLE 2
ALLOWABLE MASS EMISSION RATE
FROM SECONDARY METAL OPERATIONS
Process Weight Rate Stack Emissions Rate
(Pounds Per Hour) (Pounds Per Hour)
1,000 0.75
2,000 1.50
3,000 2.25
4,000 3.00
5,000 3.75
6,000 4.50
7,000 5.25
8,000 6.00
9,000 6.75
10,000 7.50
12,000 9.00
16,000 12.00
18,000 13.50
20,000 15.00
30,000 22.50
40,000 30.00
50,000 37.50
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(51.15) Section 5 - Restrictions on Petroleum Refining Operations
5.1 Except as provided for in Section 5.2 no person shall cause or allow
participate emissions from catalytic cracking operations into the atmos-
phere in excess of the quantities as indicated in Table 3.
TABLE 3
ALLOWABLE MASS EMISSION RATE
FROM CATALYTIC CRACKING OPERATIONS
Coke Burn-Off Rate Mass Emission Rate
(Pounds Per Hour) (Pounds Per Hour)
7,000 50
14,000 100
21,000 150
28,000 200
42,000 300
56,000 400
70,000 500
For the purpose of interpolation and extrapolation calculations, "Coke
Burn-Off Rate" shall be construed to be equivalent to "Process Weight
Rate".
5.2 If between July 1, 1973, and October 1, 1974, the national secondary
ambient air quality standard for suspended participate is exceeded in
the Metropolitan Philadelphia Interstate Air Quality Control Region
due to a catalytic cracking operation located in New Castle County,
than after January 1, 1975, no person shall cause or allow particu-
late emissions from catalytic cracking operations into the atmosphere
in excess of the quantities as indicated in Table 4.
TABLE 4
ALLOWABLE MASS EMISSION RATE
FROM CATALYTIC CRACKING OPERATIONS
Coke Burn-Off Rate Mass Emission Rate
(Pounds Per Hour) (Pounds Per Hour)
7,000 5
14,000 10
21,000 15
28,000 20
42,000 30
56,000 40
70,000 50
For the purpose of interpolation and extrapolation calculations, "Coke
Burn-Off Rate" shall be construed to be equivalent to "Process Weight
Rate".
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5.3 No person shall cause or allow particulate emissions from fluid coking
operations into the atmosphere in excess of the quantities as indicated
in Table 5.
TABLE 5
ALLOWABLE MASS EMISSION RATE
FROM FLUID COKING OPERATIONS
Process Weight Rate Mass Emission Rate
(Barrels Per Day) (Pounds Per Hour)
5,000 15
10,000 30
15,000 50
20,000 70
30,000 100
40,000 125
50,000 150
(51.21) Section 6 - Restrictions on Prill Tower Operations
6.1 Except as provided for in Section 6.2, no person shall cause or allow
particulate emissions from prilling operations into the atmosphere in
excess of the quantities as indicated in Table 6.
TABLE 6
ALLOWABLE MASS EMISSION RATE
FROM PRILLING OPERATIONS
Process Weight Rate Mass Emission Rate
(Pounds Per Hour) (Pounds Per Hour)
5,000 25
10,000 50
15,000 75
20,000 100
25,000 125
50,000 250
75,000 375
100,000 500
6.2 If, between July 1, 1973, and October 1, 1974, the national secondary
ambient air quality standards for suspended particulate is exceeded in
the Metropolitan Philadelphia Interstate Air Quality Control Region due
to a prilling operation located in New Castle County then after January 1,
1975, no person shall cause or allow particulate emissions from prilling
operations into the atmosphere in excess of the quantities as indicated
in Table 7.
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TABLE 7
ALLOWABLE MASS EMISSION RATE
FROM PRILLING OPERATIONS
Process Weight Rate Mass Emission Rate
(Pounds Per Hour) (Pounds Per Hour)
5,000 5
10,000 10
15,000 15
20,000 20
25,000 25
50,000 50
75,000 75
100,000 100
(50.7) Section 7 - Control of Potentially Hazardous Participate Matter
7.1 Persons responsible for a source operation from which potentially
hazardous particulate matter may be emitted such as, but not limited
to, lead, arsenic, beryllium, silica, asbestos, and other such
materials shall list such contaminants and their exit concentrations
in a written report to the Department. The Department shall assign
emission limits on an individual basis.
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REGULATION NO. VI
(51.3) PARTICULATE EMISSIONS FROM CONSTRUCTION AND MATERIALS HANDLING
(2.0) Section 1 - General Provisions
1.1 The purpose of this Regulation is to control particulate emissions from
construction and materials handling operations to a limit so as not to
cause a condition of air pollution.
(51.3) Section 2 - Demolition
2.1 No person shall cause or allow the demolition of existing structures,
buildings, or parts of buildings, in New Castle County or in incorporated
areas of Kent and Sussex Counties unless methods are employed to control
dust emissions.
2.2 Such methods may include the application of water or the use of .other
techniques approved by the Department.
2.3 The restriction of Subsection 2.1 may be extended to unincorporated
areas of Kent and Sussex Counties in situations where the Department
determines that demolition activities could emit dust in quantities
sufficient to cause air pollution.
(51.3) Section 3 - Grading, Land Clearing, Excavation and Use of Non-Paved Roads
3.1 No person shall cause or allow land clearing, land grading (including
grading for roads), excavation, or the use of non-paved roads on private
property unless methods, as indicated in Subsection 2.2, are employed to
control dust emissions, when the Department determines that such activities
could emit dust in quantities sufficient to cause air pollution.
(51.3) Section 4 <• Material Movement
4.1 No person shall cause or allow visible particulate emissions of any
material being transported by a motor vehicle.
(51.3) Section 5 - Sandblasting
5.1 No person shall cause or allow sandblasting or related abrasion opera-
tions unless sufficient containment measures are taken to prevent the
sand and/or abrasive material from traveling beyond the property line
where the operation is being conducted.
(51.3) Section 6 - Material Storage
6.1 No person shall cause or allow stockpiling or other storage of material
or transport to or from a storage facility in such a manner as may cause
a condition of air pollution.
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REGULATION NO. VII
(51.9) PARTICULATE EMISSIONS FROM INCINERATION
(2.0) Section 1 - General Provisions
1.1 The provisions of Sections 1 and 2 of this Regulation shall not apply to
incineration operations disposing of refuse at a rate greater than 3,000
pounds per hour. Control for such operations will be specified individ-
ually by the Department.
1.2 The provisions of this Regulation shall not apply to open-pit incinerators.
Control for such operations will be specified on an individual basis by
the Department.
1.3 The provisions of this Regulation shall not apply to incinerators which
are used exclusively for experimentation. Control of such units will be
specified on an individual basis by the Department.
1.4 The allowable mass emission rate for a charging rate between any two
consecutive charging rates shall be determined by linear interpolation
from Table 1.
1.5 The allowable mass emission rate for a charging rate below the minimum
charging rate shall be determined by linear extrapolation from Table 1.
1.6 The provisions of this Regulation shall not apply to the start-up and
shutdown of equipment which operates continuously or in an extended
steady state when emissions from such equipment during start-up and
shutdown are governed by an operation permit issued pursuant to the
provisions of Section 3, Regulation No. II.
(2.0) Section 2 - Restrictions
2.1 No person shall cause or allow particulate emissions from refuse inciner-
ators into the atmosphere in excess of the appropriate mass emission rate
indicated in Table 1.
TABLE 1
ALLOWABLE MASS EMISSION RATE FROM
REFUSE INCINERATION EQUIPMENT
Charging Rate Mass Emission Rate
(Pounds Per Hour) (Pounds Per Hour)
100 0.2
200 0.4
300 0.6
400 0.8
500 1.0
1,000 2.0
2,000 3.5
3,000 5.0
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2.2 No person shall cause or allow the construction of any new incinerator
except for the disposal of:
a. Pathological waste
b. Contaminated waste
c. Industrial waste or sludge in specific instances where no other
method of disposal is acceptable to the Secretary.
d. Composted refuse or sludge from sewage treatment plants specifically
prepared for incineration.
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REGULATION NO. VIII
(51.6) SULFUR DIOXIDE EMISSIONS FROM FUEL BURNING EQUIPMENT
(2.0) Section 1 - General Provisions
1.1 The emission of sulfur dioxide from fuel burning equipment shall be con-
trolled to a limit that shall meet the ambient air quality requirements.
1.2 The provisions of this Regulation shall not apply to the start-up and
shutdown of equipment which operates continuously or in an extended
steady state when emissions from such equipment during start-up and
shutdown are governed by an operation permit issued pursuant to the
provisions of Section 3, Regulation No. II.
1.3 This Regulation shall not apply to fuels used in fluid coking or
catalyst regeneration.
1.4 This Regulation shall not apply to fuels used by watercraft.
(51.6) Section 2 - Limit on Sulfur Content of Fuel
2.1 No person shall offer for sale, sell, or purchase any fuel having a
sulfur content greater than one (1.0) percent by weight when such fuel
is intended for use in any fuel burning equipment in New Castle County.
No person shall use any fuel having a sulfur content greater than one
(1.0) percent by weight in any fuel burning equipment in New Castle
County.
2.2 No person shall offer for sale, sell, purchase or use in any fuel
burning equipment, distillate fuel oil having a sulfur content greater
than 0.3 percent by weight.
(2.0) Section 3 - Emission Control in Lieu of Sulfur Content Limits of Section 2
3.1 The limits on sulfur content established by Section 2 shall not apply to
any fuel burning equipment employing emission control which limits sulfur
dioxide emission to that which would result from burning, without emission
control, a fuel permitted by Section 2. In order to employ an emission
control rather than sulfur content limits as a means of complying with
this Regulation, an owner or operator of fuel burning equipment must
demonstrate to the Department in advance that the equivalent emission
will be achieved.
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REGULATION NO. IX
(51.0) SULFUR DIOXIDE EMISSIONS FROM INDUSTRIAL OPERATIONS
(2.0) Section 1 - General Provisions
1.1 The emission of sulfur dioxide from process operations shall be con-
trolled to a limit that shall meet the ambient air quality require-
ments.
1.2 For all tables in this Regulation, unless otherwise indicated, the
emission limitation for a production rate between any two consecutive
production rates shall be determined by linear interpolation.
1.3 For all tables in this Regulation, unless otherwise indicated, the
emission limitation for a production rate above the maximum production
rate or below the minimum production rate shall be determined by linear
extrapolation.
1.4 The provisions of this Regulation shall not apply to the start-up and
shutdown of equipment which operates continuously or in an extended
steady state when emissions from such equipment during start-up and
shutdown are governed by an operation permit issued pursuant to the
provisions of Section 3, Regulation No. II.
(51.18) Section 2 - Restrictions on Sulfun'c Acid Manufacturing Operations
2.1 No person shall cause or allow the emission of sulfur dioxide in the
tail gases from any existing sulfuric acid manufacturing operation to
exceed either a concentration of 1,000 parts per million by volume or
a mass emission rate as specified in Table 1.
TABLE 1
ALLOWABLE MASS EMISSION RATE OF SULFUR DIOXIDE FROM
EXISTING SULFURIC ACID MANUFACTURING OPERATIONS
Production Rate Mass Emission Rate
(Tons Per Day) (Pounds Per Hour)
100 75
300 210
500 345
700 480
900 615
1100 750
1300 885
1500 1020
2.2 No person shall cause or allow the emission of sulfur dioxide in the
tail gases from new sulfuric acid manufacturing operations to exceed
either a concentration of 500 parts per million by volume or a mass
emission rate as specified in Table 2.
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TABLE 2
ALLOWABLE MASS EMISSION RATE OF SULFUR DIOXIDE FROM
NEW SULFURIC ACID MANUFACTURING OPERATIONS
Production Rate Mass Emission Rate
(Tons Per Day) (Pounds Per Hour)
TOO 38
300 105
500 173
700 240
900 308
1100 375
1300 443
1500 510
(51.19) Section 3 - Restriction on Sulfur Recovery Operations
3.1 No person shall cause or allow the emission of sulfur dioxide in the
tail gases from existing sulfur recovery operations to exceed either
a concentration of 2,000 parts per million by volume or a mass emission
rate as specified in Table 3.
TABLE 3
ALLOWABLE MASS EMISSION RATE OF SULFUR DIOXIDE
FROM SULFUR RECOVERY OPERATIONS
Production Rate Mass Emission Rate
(Tons Per Day) (Pounds Per Hour)
50 425
100 550
200 800
300 1050
400 1300
500 1550
600 1800
700 2050
800 2300
900 2550
1000 2800
3.2 No person shall cause or allow the emission of sulfur dioxide in the
tail gases from new sulfur recovery operations to exceed either a con-
centration of 2,000 parts per million by volume or a mass emission rate
as specified in Table 3.
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(51.6) Section.£ - Stack Height Requirements
4.1 Minimum stack heights for new sources of sulfur dioxide will be determined
by the Department on an individual basis. Such stack height requirements
will be based on considerations such as, but not limited to, existing
ambient levels of sulfur dioxide, local sources, atmospheric dispersion
calculations, land use, and population density.
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REGULATION NO. X
(50.2) CONTROL OF SULFUR DIOXIDE EMISSIONS
KENT AND SUSSEX COUNTIES
(50.2) Section 1 - Requirements for Existing Sources of Sulfur Dioxide
1.1 If in the course of field investigations the Department determines that
the ambient air standards for sulfur dioxide are being exceeded, the
Department shall determine the sources responsible for the excess levels
of sulfur dioxide. The Department shall determine the reductions required
to attain stated air quality standards on the basis of such equitable
methods as the Department may establish. In the Department's deliberations
on how the reductions will be attained, it shall make use of appropriate
provisions in Section 2 of this Regulation and shall also consider the
relative contributions of different emission sources.
(10.0)
(50.2) Section 2 - Requirements for New Sources of Sulfur Dioxide
2.1 The mass emission rate of sulfur dioxide from any individual source, for
example, combustion operations or manufacturing processes, shall be de-
termined by acceptable atmospheric dispersion equations in order to meet
the air quality standards contained in Regulation III.
2.2 Where multiple sources of sulfur dioxide may occur, either due to the
building of multiple sources, or the building of a single new source
on the property adjacent to an existing source or sources, the Department
will consider the additive effect due to the proximity of the source or
sources to each other or to other existing sources in judging whether the
ambient air quality standards may thus be exceeded. In such instances,
the Department may require a discharge of less sulfur dioxide to the
atmosphere for the new source than would be considered permissible from
the "Engineering Guides".
2.3 Emissions of sulfur dioxide from watercraft and from sources where less
than 3.0 pounds per hour of sulfur dioxide are discharged, are excluded
from the provisions of this Regulation.
2.4 Any operation whose emissions are also controlled by Regulation No. IX
shall be subject to the more restrictive of the two Regulations.
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(51.0)
REGULATION NO. XI
CARBON MONOXIDE EMISSIONS FROM INDUSTRIAL PROCESS OPERATIONS
NEW CASTLE COUNTY
(2.0)
Section 1 - General Provisions
1.1 The provisions of this Regulation shall not apply to the start-up and
shutdown of equipment which operates continuously or in an extended
steady state when emissions from such equipment during start-up and
shutdown are governed by an operation permit issued pursuant to the
provisions of Section 3, Regulation No. II.
(51.15) Section 2 - Restrictions on Petroleum Refining Operations
2.1 In New Castle County, no person shall cause or allow the emission of
carbon monoxide from any catalytic regeneration of a petroleum cracking
system, petroleum fluid coker, or other petroleum process into the
atmosphere, unless the carbon monoxide is burned at 1300°F for 0.3
seconds or greater in a direct-flame afterburner or boiler, or is con-
trolled by an equivalent technique.
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REGULATION NO. XII
(51.7) NITROGEN OXIDE EMISSIONS FROM FUEL BURNING EQUIPMENT
NEW CASTLE COUNTY
(2.0) Section 1 - General Provisions
1.1 The provisions of this Regulation shall not apply where the heat input
to the equipment is less than 500 million BTU per hour.
1.2 The provisions of this Regulation shall not apply to fuel burning equip-
ment when the heat produced in such equipment is used for some purpose
other than the production of steam.
1.3 The provisions of this Regulation shall not apply to the start-up and
shutdown of equipment which operates continuously or in an extended
steady state when emissions from such equipment during start-up and
shutdown are governed by an operation permit issued pursuant to the
provisions of Section 3, Regulation No. II.
(2.0) Section 2 - Emission Limits in New Castle County
2.1 After July 1, 1976 no person shall cause or allow the emission of
nitrogen oxides from fuel burning equipment in New Castle County
in excess of the following limits:
a. From fuel burning equipment fired with gas: 0.2 pounds per
million BTU of heat input, maximum 2-hour average.
b. From fuel burning equipment fired with fuels other than gas:
0.3 pounds per million BTU of heat input, maximum 2-hour average.
2.2 Emissions of nitrogen oxides shall be calculated as nitrogen dioxide
for the purposes of this Regulation.
2.3 When different fossil fuels are burned simultaneously in any combination,
the applicable standard shall be determined by proration based on percent
of total heat input derived from each fuel.
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(51.13) REGULATION NO. XIII
OPEN BURNING
(2.0) Section 1 - General Provisions
1.1 The following operations are not subject to this Regulation:
a. Fires used only for cooking of food for human beings;
b. Fires used for recreational purposes;
c. Flares.
(2.0) Section 2 - General Restrictions
2.1 No person shall cause or allow the disposal of refuse by open burning.
2.2 No person shall cause or allow open burning in the conduct of a salvage
operation.
2.3 No person shall cause or allow open burning in the area north of the
Chesapeake and Delaware Canal or within the corporate limits of any
municipality except for purposes of agricultural operations which
shall require the prior written approval of the Department.
2.4 No person shall cause or allow any other open burning operation without
the prior written approval of the Department except as provided in Sec-
tion 4 and 5 of this Regulation.
2.5 Prior to approving any open burning operation the Department shall con-
sider the following factors:
a. Distance from the nearest populated area;
b. Distance from any roadway;
c. Distance from any military, commercial, county, municipal, or
private airport or landing strip;
d. Distance from areas of high public use where a large number of
people may congregate such as a national reservation, state park,
wildlife area, or state forest;
e. Number of residences in the immediate vicinity of the operation; and
f. The time at which the operation is to be conducted.
2.6 Open burning shall not be approved by the Department if:
a. It will cause a condition of air pollution; or
b. It will interfere with the attainment or maintenance or any air
quality standard specified in Regulation No. III.
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2.7 No person shall cause or allow approved open burning when, in the
judgment of the Department:
a. Adverse meteorological conditions exist, or
b. Ambient air quality will be adversely affected.
2.8 This Section shall not regulate:
a. Open burning for plant disease or pest control, which shall be
regulated by Section 3 of this Regulation.
b. Open burning for fire fighting exercises, which shall be
regulated by Section 4 of this Regulation.
c. Domestic burning, which shall be regulated by Section 5 of this
Regulation.
(51.13) Section 3 - Open Burning for Plant Disease or Pest Control
3.1 No person shall cause or allow burning for plant disease or pest control
prior to obtaining the written approval of the Department. Approval
shall not be granted unless the applicant has documented to the satis-
faction of the Department that destruction by fire is the only effective
means of control.
(51.13) Section 4 - Open Burning for Fire Fighting Exercises
4.1 Open burning for fire fighting instruction conducted at the Delaware
State Fire School Training Center shall not be subject to this Regu-
lation. •
4.2 No person shall cause or allow open burning for fire fighting instruction
at locations other than the Fire Training Center unless such operation
meets with the following requirements:
a. A written request has been made to the State Fire School Director; and
b. Prior notification has been given to the Department; and
c. The fire fighting instruction is .supervised by an instructor approved
by the State Fire School.
4.3 No person shall cause or allow open burning for the removal of a fire
hazard unless such operation meets the following requirements:
a. A written recommendation as to the necessity of the operation has
been obtained from the State Fire Marshal; and
b. Prior notification has been given to the Department; and
c. A fire company is present during the entire operation.
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(51.13) Section 5 - Domestic Burning
5.1 No person shall cause or allow the open burning of leaves north of
the Chesapeake and Delaware- Canal.
5.2 Except as limited by Section 5.1, domestic burning may be conducted
without prior approval subject to the following restrictions:
a. No person shall cause or allow domestic burning except between
the hours of 10:00 a.m. and 4:00 p.m., local time.
b. No person shall cause or allow domestic burning when a burning
ban has been declared by the State Fire Marshal.
c. No person shall cause or allow domestic burning when an Air
Stagnation Advisory exists as issued by the Department.
d. No person shall cause or allow domestic burning unless it is
conducted as far as practicable from adjacent properties.
e. No person shall cause or allow domestic burning in such a manner
as to prevent attainment or maintenance of any air quality stan-
dard specified in Regulation No. Ill or to cause air pollution.
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(50.1.2) REGULATION NO. XIV
VISIBLE EMISSIONS
(2.0) Section 1 - General Provisions
1.1 The purpose of this Regulation is to control the emissions of visible
air contaminants from all stationary sources.
1.2 Measurements of air contaminant visibility shall be in accordance with
accepted practices of Ringelmann values or opacity percentages.
1.3 The provisions of this Regulation shall not apply to the start-up and
shutdown of equipment which operates continuously or in an extended
steady state when emissions from such equipment during start-up and
shutdown are governed by an operation permit issued pursuant to the
provisions of Section 3, Regulation No. II.
(2.0) Section 2 - Requirements
2.1 No person shall cause or allow the emission of visible air contaminants
and/or smoke from a stationary source, the shade or appearance of which
is greater than either a Number 1 of the Ringelmann Smoke Chart or twenty
(20%) percent opacity for an aggregate of more than three (3) minutes in
any one (1) hour or more than fifteen (15) minutes in any twenty-four(24)
hour period.
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(8.0) REGULATION NO. XV
AIR POLLUTION ALERT AND EMERGENCY PLAN
(2.0) Section 1 - General Provisions
1.1 Air Pollution Emergency Plans are required to assure that during adverse
weather conditions air contaminants in the atmosphere shall not increase
in concentration to a degree that would be detrimental to the health,
welfare and safety of the population.
1.2 Whenever the Department determines that the conditions of Section 2 have
been met at any single air quality monitoring station in the State of
Delaware, the applicable stage of this plan shall be declared by the
Department for that Air Quality Region in which the monitoring station
is located.
1.3 To assure compliance with this Regulation, sources designated by the
Department shall submit Standby Plans in accordance with Section 4 or
this regulation.
(8.0) Section 2 - Stages and Criteria
2.1 Air Pollution Watch - An Air Pollution Watch shall be activated by the
Department when the National Weather Service issues an Air Stagnation
Advisory which includes areas of the State of Delaware or when the
Department Meteorologist forecasts an air stagnation period for the
State, and when such air stagnation is forecast to continue for the next
36 hours.
2.2 Alert-Stage I - An Alert-Stage I status shall be declared when any one
of the following conditions occur at any air quality monitoring station
in the State of Delaware and when a condition of air stagnation is fore-
cast to continue for at least an additional twelve hours:
a. The 6-hour average concentration of sulfur dioxide is equal to or
exceeds 0.30 parts per million.
b. The 6-hour average of soiling index is equal to or exceeds 4.0 COHS.
c. The product of the 24-hour average ambient air concentration of
sulfur dioxide in parts per million and the 24-hour average
soiling index in COHS is equal to or exceeds 0.50 parts per million
COHS.
d. The 24-hour average concentration of nitrogen dioxide is equal
to or exceeds 0.20 parts per million.
2.3 Alert-Stage II - An Alert-Stage II status shall be declared when any one
of the following conditions occur at any air quality monitoring station in
the State of Delaware and when a condition of air stagnation is forecast
to continue for at least an additional twelve hours:
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a. The 6-hour average concentration of sulfur dioxide is equal to or
exceeds 0.50 parts per million.
b. The 6-hour average of soiling index is equal to or exceeds 6.0 COHS.
c. The product of the 24-hour average ambient air concentration of sulfur
dioxide in parts per million and the 24-hour average soiling index in
COHS is equal to or exceeds 0.90 parts per million - COHS.
d. The 4-hour average concentration of ozone is equal to or exceeds
0.25 parts per million.
e. The 24-hour average concentration of nitrogen dioxide is equal to
or exceeds 0.30 parts per million.
f. The 8-hour average of carbon monoxide is equal to or exceeds 30.0
parts per million.
2.4 Alert-Emergency Stage - An Alert-Emergency Stage status shall be declared
when any one of the following conditions occur at any air quality moni-
toring station in the State of Delaware and when a condition of air stag-
nation is forecast to continue for at least an additional twelve hours.
a. The 24-hour average concentration of sulfur dioxide is equal
to or exceeds 0.60 parts per million.
b. The 24-hour average of soiling index is equal to or exceeds 7.0 COHS.
c. The product of the 24-hour average ambient air concentration of sulfur
dioxide in parts per million and the 24-hour average soiling index in
COHS is equal to or exceeds 1.40 parts per million - COHS.
d. The 8-hour average concentration of carbon monoxide is equal to or
exceeds 40.0 parts per million.
e. The 4-hour average concentration of ozone is equal to or exceeds 0.35
parts per million.
f. The 24-hour average concentration of nitrogen dioxide is equal to or
exceeds 0.40 parts per million.
2.6 Termination - Once declared, any status reached by application of the
criteria will remain in force until the criteria for that status are
no longer met. At such time the applicable lower status shall be declared.
Termination shall be declared when concentrations are less than Stage I
and a weather advisory has been received that the air stagnation period
is ended.
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(2.0) Section 3 - Required Actions
1. Air Pollution Watch - The Department shall initiate an increased con-
tinuous watch of the air quality values at the air quality monitoring
stations and shall inform the public and major industries of the sit-
uation.
TABLE 1
EMISSION REDUCTION OBJECTIVES
Source
1. Coal or oil-fired electric
power generating facilities.
Alert - Stage I
a. Substantial reduction by utilization of
fuels having low ash and sulfur content.
b. Maximum utilization of atmospheric mix-
ing for boiler lancing and soot blowing
at times to be specified by the De-
partment.
c. Substantial reduction by diverting elec-
tric power generation to facilities out-
side an Alert Area.
Coal or oil-fired generating
facilities having a capacity
to burn in excess of four tons
of coal or 600 gallons of oil
per hour.
Substantial reduction by utilization of
fuels having low ash and sulfur content.
Maximum utilization of atmospheric mix-
ing for boiler lancing and soot blowing
at times to be specified by the De-
partment.
Substantial reduction of steam load de-
mands consistent with continuing plant
operations.
3. A. Manufacturing industries of a.
the following classifica-
tions which employ twenty em-
ployees at one location:
Primary Metals Petroleum Re-
fining & Related Chemical & b.
Allied Products; Plastic
Paper & Allied Products; Glass,
Clay and Hot Mix Plants; AND
B. Other persons required by the c.
Department to prepare plans.
Substantial reduction of air contamin-
ants for manufacturing operations by
curtailing, postponing, or deferring
production and allied operations.
Maximum reduction by deferring trade
waste disposal operations which emit
particles, gases, vapors or malodorous
substances.
Maximum reduction of heat load demands
for processing.
Maximum utilization of atmospheric mix-
ing for boiler lancing and soot blowing
at times to be specified by the De-
partment.
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3.2 Alert-Stage I
a. There shall be no open burning by any person;
b. The use of incinerators for the disposal of solid or liquid waste
shall be limited to the hours specified by the Department, and
plans for the alternate disposal methods will be formulated;
c. Persons operating fuel burning equipment which requires boiler
lancing and soot blowing shall perform such operations only be-
tween the hours specified by the Department;
d. Any person responsible for the operation of a source of air con-
tamination as set forth in Table 1 shall take all Air Pollution
Alert - Stage I actions as required for such source of air con-
tamination; and shall particularly put into effect the standby
plans for Alert - Stage I status.
3.3 Alert-Stage II
a. There shall be no open burning by any person;
b. The use of incinerators for the disposal of any form of solid or
liquid waste shall be prohibited;
c. Persons operating fuel-burning equipment which requires boiler
lancing or soot blowing shall perform such operations only be-
tween the hours specified by the Department;
d. Any person responsible for the operation of a source of air con-
tamination as set forth in Table II, shall take all Air Pollution
Alert - Stage II actions as required for such source of air con-
tamination; and shall particularly put into effect the standby
plans for Alert - Stage II status.
3.4 Alert-Emergency Stage
a. There shall be no open burning by any person;
b. The use of incinerators for the disposal of any form of solid
or liquid waste shall be prohibited;
c. Any person responsible for the operation of a source of air
contamination as set forth in Table III shall take all Alert-
Emergency Stage actions as required for such source of air con-
tamination, and shall particularly put into effect the standby
plans for Alert - Emergency Stage;
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TABLE II
EMISSION REDUCTION OBJECTIVES
Source
1. Coal or oil-fired electric
power generating facilities.
Alert - Stage II
a. Maximum reduction by utilization of
fuels having lowest ash and sulfur
content.
b. Maximum utilization of atmospheric
mixing for boiler lancing and soot
blowing at times to be specified by
the Department.
c. Maximum reduction by diverting elec-
tric power generation to facilities
outside Alert Area.
Coal or oil-fired generating
facilities having a capacity
to burn in excess of four tons
of coal or 600 gallons of oil
per hour.
Maximum reduction by utilization of
fuels having the lowest available
ash and sulfur content.
Maximum utilization of atmospheric
mixing for boiler lancing and soot
blowing at times to be specified by
the Department.
Making ready for use a plan of action
to be taken if an emergency develops.
3. A.
B.
Manufacturing industries of c
the following classifica-
tions which employ twenty em-
ployees at one location:
Primary Metals Petroleum Re-
fining & Related Chemical &
Allied Products; Plastic I
Paper & Allied Products; Glass,
Clay and Hot Mix Plants; AND
Other persons required by
the Department to prepare <
plans.
Maximum reduction of air contamin-
ants for manufacturing operations by,
if necessary, assuming economic hard-
ship by postponing production and al-
lied operations.
Maximum reduction by deferring trade
waste disposal operations which emit
particles, gases, vapors, or mal-
odorous substances.
Maximum reduction of heat load demands
for processing.
Maximum utilization of atmospheric
mixing for boiler lancing and soot
blowing at times to be specified by
the Department.
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TABLE III
EMISSION REDUCTION OBJECTIVES
Source
or oil-fired electric
power generating facilities.
Alert - Emergency Stage
a. Maximum reduction by utilization of
fuels having lowest ash and sulfur
content.
b. Maximum utilization of atmospheric
mixing for boiler lancing and soot
blowing at times to be specified by
the Department.
c. Maximum reduction by diverting electric
power generating to facilities outside
of Alert Area.
2. Coal or oil-fired process
steam generating facilities
having a capacity to burn in
excess of four tons of coal or
600 gallons of oil per hour.
a. Cease operation.
3. A. Manufacturing industries of a.
the following classifica-
tions which employ twenty
employees at one location:
Primary Metals Petroleum Re-
fining & Related Chemical &
Allied Products; Plastic
Paper & Allied Products;
Glass, Clay and Hot Mix Plants;
AND
B. Other industries required by
the Department to prepare
plans.
Cease operation.
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d. All places of employment below shall immediately cease
operations:
1. Mining and quarrying of non-metallic minerals;
2. All contract construction work except that which
must proceed to avoid physical harm;
3. Wholesale trade establishments, i.e., places of
business primarily engaged in selling merchandise
to retailers, to industrial, commercial, institutional
or professional users, or to other wholesalers, or
acting as agents in buying merchandise for or selling
merchandise to such persons or companies;
4. All offices of local, county, and state government
including authorities, joint meetings and any other
public body, except to the extent that such offices
must continue to operate in order to enforce the
requirements of this order pursuant to statute;
5. All retail trade establishments except pharmacies and
stores primarily engaged in the sale of food;
6. Banks, credit agencies other than banks, securities
and commodities brokers, dealers, exchanges and services;
offices of insurance carriers, agents and brokers, real
estate offices;
7. Wholesale and retail laundries, laundry services and
cleaning and dyeing establishments; photographic studios,
beauty shops, barber shops; shoe repair shops;
8. Advertising offices, consumer credit reporting, adjustment
and collection agencies, duplicating, addressing, blueprinting;
photocopying, mailing, mailing list and stenographic services,
equipment rental services, commercial testing laboratories;
9. Automobile repair, automobile services, garages;
10. Establishments rendering amusement and recreation services
including motion picture theatres;
11. Elementary and secondary schools, junior colleges, vocational
schools, and public and private libraries.
e. The use of motor vehicles is prohibited except in emergencies as
determined by local and state police and the Department;
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f. All other manufacturing establishments not mentioned in Sec-
tion 3.4 (a-e) will institute such actions as will reduce
air contaminants from their operation by ceasing or curtail-
ing operations which emit air contaminants to the maximum ex-
tent possible without causing injury to persons or serious
damage to equipment.
(8.0) Section 4 - Standby Plans
4.1 Any person responsible for the operation of a source of air contamin-
ation set forth in Table I or, any other person when requested by the
Department in writing, shall prepare standby plans, consistent with
good industrial practice and safe operating procedures, for reducing
the emission of air contaminants into the ambient air during periods
of an Alert-Stages I and II and Alert - Emergency Stage. Standby
Plans shall be designed to reduce or eliminate emissions of air con-
taminants into the outdoor atmosphere in accordance with objectives
set forth in Tables I, II, and III and shall be approved by the De-
partment.
4.2 Standby Plans, as required under Section 4.1, shall be in written
form and show the location of the source of air contamination, the
approximate amount of reduction of contaminants, and a brief descrip-
tion of the manner in which the reduction will be achieved during an
Alert-Stages I and II and Alert-Emergency Stage.
4.3 Standby Plans, as required by this Section, shall be submitted to the
Department upon request within thirty days of the receipt of such
request. If, in the opinion of the Department, any standby plan does
not effectively carry out the objectives as set forth in Table I, II,
and III, the Department may disapprove said plan, state the reason
for disapproval and order the preparation of an amended standby plan
within the time specified in the order.
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(4.0) REGULATION NO. XVI
SOURCES HAVING AN INTERSTATE AIR POLLUTION POTENTIAL
(2.0) Section 1 - General Provisions
1.1 Air contaminant emissions within the jurisdication of the State of
Delaware must be controlled to the extent that a neighboring state
regulation shall not be compromised.
1.2 Nothing contained in this Regulation shall be construed as to allow
to a lesser degree of control as may be required by an additional
Regulation adopted by the Department.
(2.0) Section 2 - Limitations
2.1 This Regulation shall apply to air contaminant sources only when the
following factors are satisfied:
a. The receptor state has adopted a similar, reciprocal measure.
b. The receptor state has adopted ambient air quality criteria
or standards for the area and air contaminant in question and
had demonstrated that such measures are being enforced.
c. The receptor state demonstrates, to the satisfaction of the
Department that a source within the State of Delaware is
substantially affecting such established criteria or standards.
(2.0) Section 3 - Requirements
3.1 The Department shall require existing sources of air contaminants,
whose emissions are carried into a neighboring state, to control their
emissions to such an extent as to not substantially affect the ambient
air quality in the receptor state.
3.2 All new sources of air contaminants, whose emissions are carried into
a neighboring state, shall control their emissions to such an extent
as to not substantially affect the ambient air quality of the receptor
state.
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REGULATION MO. XVII
(13.0) SOURCE MONITORING. RECORD KEEPING AND REPORTING
(9.0) Section 1 - Sampling and Monitoring
1.1 Upon written request of the Department, an owner or operator of an
air contaminant source shall, at his expense, install, maintain, and
use emission monitoring devices, keep records, and make periodic re-
ports to the Department on the nature and amounts of emissions from
such source. The Department shall make such data available to the
public as reported and as correlated with any applicable emission
standards or limitations.
1.2 Upon written request of the Department, an owner or operator of an air
contaminant source shall, at his expense, sample the emissions of, or
fuel used by, that source, maintain records and submit reports to the
Department on the results of such sampling. The Department may make
such data available to the public as reported and as correlated with
any applicable emission standards or limitations.
1.3 The Department may conduct tests of emissions from or fuel used by any
air contaminant source. Upon written request of the Department, the
owner or operator of the air contaminant source shall provide necessary
holes in stacks or ducts, and such other safe and proper sampling and
testing facilities, exclusive of instruments and sampling devices, if
any be necessary, for proper determinations of the emission of air con-
taminants. The Department shall have access to and use of monitoring,
record-keeping and reporting required by Federal Regulations relating
to emissions of air contaminants. The Department may make such data
available to the public as reported or received and as correlated with
any applicable emission standards or limitations.
1.4 All instrumentation, analytical techniques, calculations, records, and
sampling locations and methods required by this Regulation shall have
the prior approval of the Department.
1.5 Reports required by this Regulation shall be submitted in a form approved
by the Department and shall be signed by a corporate officer or his
designee whose signature shall constitute his own and his employer's
certification that the data are accurate and complete.
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REGULATION NO. XVIII
(51.1) PARTICIPATE EMISSIONS FROM GRAIN HANDLING OPERATIONS
(51.1) Section 1 - Participate Emissions from Grain Dryers and Corn Shellers
1.1 No grain dryer or corn sheller shall emit participate matter larger in
size than that which will pass through a 24 mesh screen (Tyler Scale) or
equivalent. The technique used for controlling these emissions need not
be by screening but must provide particulate emission control equivalent
to that which would be obtained by the use of 24 mesh screen.
1.2 On or before September 1, 1974, all owners of grain dryers or corn shellers
shall control particulate emissions in accordance with Section 1.1.
1.3 Any new grain dryer or corn sheller constructed after the effective date of
this Regulation shall comply with the emission limitation of Section 1.1.
1.4 Any installation consisting of only a single grain dryer with a capacity of
less than 500 bushels per hour at 5% moisture reduction is exempt from this
regulation. In-bin grain dryers are exempt from this Regulation.
(51.1) Section 2 - Restrictions for Chaff, Husks, and Cobs
2.1 No grain dealer or grain handler shall cause or allow storage, accumulation,
or collection of chaff, husks, cobs or other particulate matter from grain
unless these particulates are contained in enclosures with openings not
larger than the equivalent of 24 mesh screen (Tyler Scale).
2.2 No grain dealer or handler shall move or allow to be moved, chaff, husks,
or cobs from any grain, unless precautions are taken to prevent unnecessary
escape of these materials during transfer.
2.3 On or before September 1, 1974, all owners of facilities for storage ac-
cumulation or collection of chaff, husks, cobs or other particulate matter
from grain shall comply with the provisions of Section 2.1 of this Regulation.
2.4 Any new facility for storage, accumulation or collection of chaff, husks,
cobs or other particulate matter from grain, constructed after the effect-
ive date of this Regulation, shall comply with the emission limitation of
Section 2.1.
(3.0) Section 3 - Registration, Plans of Corrective Action and Permits
3.1 Within 45 davs after the effective date of this regulation any owner of
any grain dryer, corn sheller or facility for storage, accumulation or
collection of chaff, husks, and cobs shall register the installation with
the Department of Natural Resources and Environmental Control on forms to
be provided by the Department and shall submit a scheduled plan of corrective
action acceptable to the Department describing those measures to be taken to
control emissions, if necessary to comply with the provisions (Cont'd.)
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of this Regulation.
3.2 No person shall construct or operate any grain dryer, corn sheller
or facility for storage, accumulation or collection of chaff, husks,
and cobs without first obtaining appropriate approval from the De-
partment.
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REGULATION NO. XIX
(50.6) CONTROL OF ODOROUS AIR CONTAMINANTS
(2.0) Section 1 - General Provisions
1.1 The purpose of this Regulation is to control odorous air contaminants
which significantly effect the citizens of the State outside the bound-
aries of the air contaminant source.
1.2 Methods for determining a condition of air pollution due to an odorous
air contaminant may include, but are not limited to, scentometer tests,
air quality monitoring, and affidavits from affected citizens and in-
vestigators.
(2.0) Section 2 - Requirements
2.1 No person shall cause or allow the emission of an odorous air contaminant
such as to cause a condition of air pollution.
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FEDERALLY PROMULGATED
REGULATIONS
- 54 -
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(10.0) 52.426 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(1) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Ar.y new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
. regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or cormrittee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (1ii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.432 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Uhere
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate natter:
Annual geometri c mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations"of"particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise to applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(111) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the'determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public'inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4).of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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