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Contact Information:
The Department of
Environmental Protection
715 Grantham Lane
New Castle, DE 19720
(302) 323-4542
Or view the Department's
Website
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DELAWARE
On December 22, 2005 Regulation No. 1444, "Control of Stationary Generator Emissions," was formally adopted and has been submitted to the Delaware
Register of Regulations for publishment in the January 1, 2006 issue. 1144 will become effective on January 11, 2006. The regulation has output- based provisions, providing emissions credits for combined heat and power (CHP) units,
Regulation No. 1144.
DE MINIMIS PERMITTING:
To be exempted from permitting a source must both burn natural gas and have a heat input of less
than 15 MMBtu/hr OR burn diesel, fuel oil or desulfurized fuel and have a heat input of less than 10
MMBtu/hr. State notification is strongly recommended.
In addition there is a registration and exemption process available. For units with emissions less than 0.2
lb/day of each criteria pollutant there is no state notification required and the unit is exempt from permitting.
For units with emissions between 0.2 - 10 lbs/day registration is required. Registration requires modeling, but
no permit is required.
MINOR SOURCE PERMITTING:
Sources that are not exempt, but with potential emissions less than those listed below must obtain a permit that
will include a 20% opacity limit, a PM limit of 0.3 lb/MMBtu over a maximum 2 hour average and a fuel sulfur limit
less than 0.3% for diesel fuel and 1% for number 6 fuel oil. The state also has a clause that limits odor from
plants.
100 tpy of CO
40 tpy of SO2
25 tpy of PM
40 tpy of NOx or VOC (25 tpy of either pollutant in severe nonattainment areas)
0.6 tpy of lead
These sources will also have NOx, fuel usage and hourly limitations to ensure that the unit stays a minor source.
Sources with a potential to emit greater than the above limits will be subject to the same requirements as well
as RACT, which is generally lean combustion technology.
MAJOR NSR/PSD PERMITTING:
Since the state is located in the OTR a potential to emit 100 tons per year of NOx or VOCs results in NSR, a potential
to emit 250 tons per year of any other criteria pollutant triggers a PSD evaluation. In the severe nonattainment
areas a potential to emit 25 tons per year of NOx or VOCs triggers NSR.
TREATMENT OF EMERGENCY ENGINES:
Emergency units may qualify for the exemption or registration listed above. Otherwise the potential to emit
for emergency units is based on 8,760 hours of operation per year. If the potential to emit totals greater than
25 tons per year the unit must obtain a synthetic minor permit. A permit will be issued that limits emissions to
below 25 tons per year. If an emergency unit's potential to emit is below 25 tons per year, but it does not qualify
for an exemption it may only operate during blackouts and for maintenance. State notification is strongly recommended.
The Delaware Public Service Commission, which has regulatory authority over investor owned utilities
in the state, does not have jurisdiction over the siting of new non-investor owned generation facilities. There is no central
siting authority in Delaware, although permits from the Department of Natural Resources and compliance with
local zoning authorities are required.
There are no exit fees for DG in the state of Delaware. (See below)
According to Order No. 5424(01/00), the PSC found that Delaware Electric Cooperative had no stranded costs
and any attempts to recover such costs should be discontinued and refunded. Likewise, the Commission mandated
that Conectiv could not recover stranded costs through Competitive Transition Charges.
There is no state-mandated building code for any building or occupancy classification in the state of Delaware. It
is up to local jurisdictions to adopt and enforce building codes.
Delaware State Fire Marshal
International Code Council State Adoption Information Page
Provides an easy to use US map to locate state and local adoption of the International Code Council's model codes.
US DOE's Office of Building Technology, State and Community Programs, Building Codes Database
The US DOE's database provides a comprehensive look at a state's building code implementation and enforcement
process.
Neither of the two major utilities publishes standby or backup rates in their tariff and rider books. Please
contact the utility directly to inquire about rates.
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