DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Division of Air Quality
FINAL
Secretary's Order No.: 2025-A-0002
RE: Approving Final Regulations to Amend 7 DE Admin. Code 1105 -
Particulate Emissions from Industrial Process Operations
Date of Issuance: January 7, 2025
Effective Date of the Amendment: February 11, 2025
1105 Particulate Emissions from Industrial Process Operations
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC"), pursuant to 7 Del.C. §§6006 and 6010, and all other relevant statutory authority, the following findings of fact based on the record, reasons and conclusions are entered as an Order of the Secretary in the above-referenced promulgation.
Background, Procedural History and Findings of Fact
This Order relates to the proposed amendments ("Amendments") to 7 DE Admin. Code 1105 - Particulate Emissions from Industrial Process Operations ("Regulation"). The Department is proposing amendments to address the regulation of particulate emissions during startup, shutdown, and malfunction ("SSM") of industrial process equipment. These Amendments are necessary to ensure compliance with the U.S. Environmental Protection Agency's (EPA) 2015 Startup, Shutdown, and Malfunction State Implementation Plan Call ("2015 SSM SIP CALL").
Pursuant to the Clean Air Act ("CAA") the Department established 7 DE Admin. Code 1105 to establish particulate matter emission limits in alignment with the National Ambient Air Quality Standards ("NAAQS"). This regulation ensures that emissions from industrial process equipment do not exceed 0.2 grains per standard cubic foot (gr/scf). The regulation applies to industrial process equipment that emits air pollutants into the atmosphere as a result of specific processes or combinations thereof.
Further, the regulation addresses emission limits during startup, shutdown, and malfunction ("SSM") periods. For the purposes of this regulation, "startup" is defined as the initiation of a source's operation, "shutdown" as the cessation of operation, and a "malfunction" as a sudden and unavoidable breakdown of process or control equipment. During SSM periods, equipment does not operate at optimal efficiency, resulting in excess emissions. These emissions can negatively impact public health, contribute to smog formation, and adversely affect downwind communities.
The Department established emission limits for SSM events that require facilities that operate continuously or in an extended steady state when SSM occurs, to obtain an operating permit pursuant to the provisions of 2.0 of 7 DE Admin. Code 1102, to limit emissions during these events. These permits are subject to environmental review and public scrutiny and must demonstrate that they will not violate NAAQS.
Additionally, the Department's regulations are also part of Delaware's State Implementation Plan ("SIP") because they implement, maintain, and enforce the NAAQS. A SIP is a state-created, federally enforceable plan that outlines how the state will fulfill CAA requirements to enhance air quality. It includes regulations and supporting documentation that demonstrate the state's efforts to safeguard public health and the environment.
On June 30, 2011, the Sierra Club petitioned the EPA to address how excess emissions during SSM events were being handled in SIPs that had been approved by the EPA. In response, on June 12, 2015, the EPA issued a final rule known as the 2015 SSM SIP Call [80 FR 33840]. Under Section 110(k)(5) of the CAA, the EPA has the authority to issue a 'SIP Call' to states, requiring them to correct state plans that fail to meet federal standards. The 2015 SSM SIP Call included 36 state SIPs, including Delaware's SIP for 7 DE Admin. Code 1105. The EPA found Subsection 1.7 of Delaware's regulation to be deficient because it potentially allowed exemptions from the emission limits set forth in Section 2.0 during SSM events. The 2015 SSM SIP Call mandated that state's establish plans that require industrial facilities to follow air pollution rules during periods of SSM; specifically, how these emissions are treated in SIPs, with corrections due by November 22, 2016.
On November 22, 2016, the Department revised its regulations governing particulate emissions from industrial process equipment (7 DE Admin. Code 1105) and submitted a SIP revision to the EPA, in response to the 2015 SSM SIP Call. The SIP revisions included the removal of the problematic exemption stated in subsection 1.7 and removed subsection 2.1, and added a new subsection 2.2, implementing a 30-day rolling average to the 0.2 gr/scf emission limit.
A part of the response to the 2015 SIP CALL, the Department also adopted a separate "state-only" version of 7 DE Admin. Code 1105. The "state only" version, as cited in the Delaware Registrar of Regulations, maintained the language that was removed in the SIP revisions (subsection 1.7 and 2.1) and added the same new subsection 2.2 that was included in the SIP revision, implementing a 30-day rolling average for the 0.2 gr/scf emission limit during SSM events. Delaware believed the conditions set forth in the "state only" version was necessary to administer good air quality management.
On October 23, 2023, the EPA issued a final rule (88 FR 72688), disapproving Delaware's SIP revision submission and determined that the revisions failed to fully resolve the deficiencies identified in the 2015 SSM SIP Call.
In response to the EPA's disapproval, the Department is proposing the amendments, herein, to rectify the deficiencies cited in the 2015 SSM SIP Call. The proposed amendments address Section 1.0 ("General Provisions") and Section 2.0 ("General Restrictions") of 7 DE Admin. Code 1105. To ensure compliance with EPA standards, the Department proposes to strike the regulatory language in subsection 1.7 and 2.2. The Amendments aims to remove language that could potentially allow exemptions to SSM events and make "0.2 grains per standard cubic foot" now apply at all times.
The Department conducted a review of the impact of the proposed Regulation and found that the large majority of sources covered under the Regulation are required to meet more stringent federal particulate matter emissions limits. These include Federal regulations:
In addition, certain facilities not covered under federal regulations may still fall under the scope of the Regulation. These facilities include, but are not limited to, facilities involved in pharmaceutical processing, mulching, book binding, and food processing. Depending on their emission rates and the thresholds set by the Regulation, these facilities may be required to obtain a Delaware permit under 7 DE Admin. Code 1102 - Permits.
Permits issued to these facilities include standard conditions that limit process emissions to 0.2 gr/scf at all times, with no exemptions. Additionally, permit conditions require owners or operators to minimize emissions during SSM periods and to operate and maintain the facility, including air pollution control equipment, in accordance with good air pollution control practices. They must maintain and operate the facility, including air pollution control equipment, according to good air pollution control practices. The Department will determine whether the facility is following acceptable procedures based on available information, such as monitoring results, opacity observations, operating and maintenance procedures, and inspections.
The Department concludes that no new controls will be needed, or will additional resources be expended for the sources covered under the proposed Regulation, as these sources already meet or exceed the standards outlined in the Regulation.
The Department published its proposed amendments in the August 1, 2024, Delaware Register of Regulations. The virtual public hearing regarding this matter was held on August 27, 2024. There were seven (7) members of the public in attendance at the Department's virtual public hearing. Pursuant to 29 Del.C. §10118(a), the Hearing Record ("Record") remained open for receipt of written comment for 15 days following the public hearing. The Record formally closed for comment in this matter on September 11, 2024, with no comments received by the Department.
Thereafter, Hearing Officer Theresa Smith prepared her report dated September 12, 2024 ("Report"), which expressly incorporated into the Record the proposed Amendment, attached thereto as Appendix "A." Mrs. Smith's Report set forth the procedural history, summarized and established the record of information ("Record") relied on in the Report and provided findings of fact, reasons, and conclusions that recommend the approval of the proposed amendments pending before the Department.
The Department has the statutory basis and legal authority to act with regard to the formal promulgation of these proposed amendments, pursuant to 7 Del.C. §§ 6001(c) & 6010. All notification and noticing requirements concerning this matter were met by the Department and proper notice of the hearing was provided as required by law.
Reasons and Conclusions
Currently pending before the Department are the proposed regulatory amendments to 7 DE Admin. Code 1105 - Particulate Emissions from Industrial Process Operations. Based on the record developed by the Department's staff in the Division of Air Quality, and established by the Hearing Officer's Report, I find that the proposed regulatory amendments are well-supported and will enable the Department to ensure compliance with the EPA 2015 SSM SIP Call. I also find that under Section 110(k)(5) of the CAA, the EPA will review the proposed amendments and if approved, these amendments will become part of Delaware's SIP for 7 DE Admin. Code 1105 and will be enforceable under federal law (40 CFR Part 52, Subpart I - Delaware). Lastly, I find that the proposed amendments comply with all applicable federal and state laws and regulations. Further, the proposed amendments as published in the August 1, 2024, Delaware Register of Regulations, are reflective of the Department's authority under 7 Del.C. §§ 6001(c) & 6010, to ensure continued protection of public health and the environment by regulating emissions and reducing air pollution and air contaminants.
The following reasons and conclusions are hereby entered:
1. The Department has the statutory basis and legal authority to adopt and enforce these proposed regulatory amendments pursuant to 7 Del.C. §§ 6001(c) & 6010;
2. The Department has jurisdiction under its statutory authority, pursuant to 7 Del.C. Chapter 60, to issue an Order adopting these proposed amendments as final;
3. The Department provided adequate public notice of the proposed amendments and all proceedings in a manner required by the law and regulations, and provided the public with an adequate opportunity to comment on the proposed amendments, including at the time of the virtual public hearing held on August 27, 2024, and during the 15 days subsequent to the hearing (through September 11, 2024), before making any final decision;
4. Promulgation of the proposed amendments to 7 DE Admin. Code 1105 - Particulate Emissions from Industrial Process Operations, will enable the Department to ensure compliance with the EPA 2015 SSM SIP Call;
5. The Department has reviewed the proposed amendments in light of the Regulatory Flexibility Act, consistent with 29 Del.C. §104, and believes the same to be lawful, feasible and desirable, that it will not establish reporting requirements or substantive additional costs for individuals or small businesses, and that the recommendations as proposed should be applicable to all Delaware individuals or small businesses equally;
6. The Department has reviewed this proposed regulatory promulgation in the light of 7 Del.C. §10003 and 29 Del.C. §10118(b)(3), and has determined that any impact of this regulation on the achievement of the State of Delaware's greenhouse gas emissions reduction targets will be de minimis;
7. The Department's Hearing Officer's Report, including its established record and the recommended proposed amendments as set forth in Appendix "A," are hereby adopted to provide additional reasons and findings for this Order;
8. The Department's proposed regulatory amendments, as published in the August 1, 2024, Delaware Register of Regulations, as set forth in Appendix "A" hereto, are adequately supported, are not arbitrary or capricious, and are consistent with the applicable laws and regulations. Consequently, they are approved as final regulatory amendments, which shall go into effect ten days after their publication in the next available issue of the Delaware Register of Regulations;
9. The Department has an adequate Record of its decision, and no further public hearing is appropriate or necessary;
10. The Department shall submit this Order approving the proposed amendments as final regulations to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require, and the Department determines is appropriate; and
11. The Department shall serve and publish its Order on its internet site.
Shawn M. Garvin
Secretary
1105 Particulate Emissions from Industrial Process Operations
01/11/2017
1.1 The emission of particulate 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 7 DE Admin. Code 1104.
1.3 For all tables in this Regulation, unless otherwise indicated, the emission limitation for a process weight rate between any two consecutive process weight rates shall be determined by linear interpolation.
1.4 For all tables in this Regulation, unless otherwise indicated, the emission limitation for 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 equipment.
1.6 For operations involving similar units which are manifolded to a common stack, control techniques shall be such that no unit is emitting particulate matter at a rate which is in excess of the mass emission rate allowed by this Regulation.
1.7 The provisions of subsection 2.1 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 2.0 of 7 DE Admin. Code 1102.
01/11/2017
2.1 No person shall cause or allow particulate emissions into the atmosphere from any source not provided for in subsequent sections of this Regulation in excess of 0.2 grains per standard cubic foot.
2.2 No person shall cause or allow particulate emissions into the atmosphere from any source not provided for in subsequent sections of this Regulation in excess of 0.2 grains per standard cubic foot on a 30-day rolling average basis.
02/01/81
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 3-1 of this regulation.
Table 3-1
Allowable Mass Emission Rate From Hot Mix Asphalt Batching Operation
|
Process Weight Rate (Pounds Per Hour) |
Stack Emission Rate (Pounds Per Hour) |
|
|
10,000 20,000 30,000 40,000 50,000 100,000 200,000 300,000 400,000 500,000 600,000 |
10 16 22 28 31 33 37 40 43 47 50 |
01/11/2017
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 4-1 of this regulation.
Table 4-1
Allowable Mass Emission Rate From Secondary Metal Operations
|
Process Weight Rate (Pounds per Hour) |
Stack Emission Rate (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 |
4.2 The provisions of subsection 4.1 of this regulation shall not apply to electric arc furnaces, and their associated dust-handling equipment, with a capacity of more than 100 tons.
01/11/2017
5.1 No person shall cause or allow particulate emissions from catalytic cracking operations into the atmosphere in excess of the quantities as indicated in Table 5-1 of this regulation. For the purpose of interpolation and extrapolation calculations, "Coke Burn-Off Rate" shall be construed to be equivalent to "Process Weight Rate."
Table 5-1
Allowable Mass Emission Rate From Catalytic Cracking Operations
|
Coke Burn-Off Rate (Pounds per Hour) |
Mass Emission Rate (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 No person shall cause or allow particulate emissions from fluid coking operations into the atmosphere in excess of the quantities as indicated in Table 5-2 of this regulation.
Table 5-2
Allowable Mass Emission Rate From Fluid Coking Operations
|
Process Weight Rate (Barrels per Day of Fresh Feed) |
Mass Emission Rate (Pounds per Hour) |
|
5,000 |
15 |
|
10,000 |
30 |
|
15,000 |
50 |
|
20,000 |
80 |
|
30,000 |
100 |
|
40,000 |
125 |
|
50,000 |
150 |
02/01/1981
6.1 No person shall cause or allow particulate emissions from prilling operations into the atmosphere in excess of the quantities as indicated in Table 6-1 of this regulation.
Table 6-1
Allowable Mass Emissions Rate From Prilling Operations
|
Process Weight Rate (Pounds per Hour) |
Mass Emission Rate (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 |
02/01/1981
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.
