EPA proposes to approve Delaware air rule changes that end startup and shutdown emission exemptions
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This proposal would update Delaware’s air rules so certain pollution limits apply at all times, including during startup and shutdown. It covers particulate emissions from fuel-burning equipment and industrial process operations, plus sulfur compound limits from industrial operations. If finalized, companies in those categories would lose the option to treat startup and shutdown as exempt periods under the state plan. The EPA says the changes fix problems it found in Delaware’s earlier submission and make the state plan line up with current state rules. Businesses covered by these standards should review permit terms and operating practices now, because the final rule would tighten compliance expectations and reduce flexibility during non-routine operating periods.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Removes startup and shutdown exemption language from Delaware air rules for three SIP provisions.
- Keeps the existing particulate and sulfur emission limits in place at all times, instead of allowing relaxed treatment during non-routine operating periods.
- Deletes higher 30-day rolling-average limits that EPA had already disapproved and had never added to the SIP.
Obligations
What this law requires
Affected Delaware sources under 7 DE Admin. Code 1104 may not rely on startup/shutdown permit exemptions; the SIP-approved particulate emissions limit of 0.3 lb/MMBtu on a maximum two-hour average applies at all times if the EPA finalizes the revision.
Facilities covered by Delaware’s 7 DE Admin. Code 1104 must apply the existing SIP-approved particulate emission limit of 0.3 lb/MMBtu as a maximum two-hour average at all times, without startup or shutdown exemptions, if the EPA finalizes the proposed SIP revision.
Covered Delaware sources must comply with the particulate emission limit in 7 DE Admin. Code 1104 at all times; the startup and shutdown exemption would be removed from the SIP if the EPA finalizes the rule.
Affected sources operating under 7 DE Admin. Code 1105 must meet the particulate emissions limit of 0.2 grains per standard cubic foot at all times, without relying on startup or shutdown exemptions, if the EPA finalizes the SIP revision.
Affected sources under 7 DE Admin. Code 1105 must comply with the 0.2 grains per standard cubic foot particulate emissions limit at all times, without startup/shutdown exemption based on operating under a permit issued under 7 DE Admin. Code 1102, if the SIP revision is finalized.