The Air Quality permitting process can be technical and complicated. Below are commonly-asked questions about Air Quality permitting, and the permitting process.
If there are questions not answered here, please let us know. Email them to us at daqpermittinginfo@state.de.us.
The Division of Air Quality is responsible for ensuring that the State of Delaware’s air meets State and Federal Air Quality Standards that were created to protect public health and the environment. In order to meet these obligations, Delaware law requires that any owner or operator of equipment or processes which have the potential to discharge air contaminants into the atmosphere must report and obtain written approval from Division of Air Quality in the form of a permit to construct or a permit to operate. An air contaminant is defined as particulate matter, dust, fumes, gas, mist, smoke or vapor. These permits are designed to help owners and operators understand how to operate their equipment according to State and Federal Air Regulations.
Air Quality rules and regulations apply to both large and small businesses whose operations emit air pollutants. Operations or equipment that usually require a permit include, but are not limited to:
If you are unsure of what your equipment emits, please contact the Engineering and Compliance Branch, in Dover (302-739-9402) or in New Castle (302-323-4542).
Any equipment that emits or controls air contaminants requires an air permit from the Division of Air Quality prior to construction or installation of new equipment, or modification or operation of existing equipment. In general, permits or permit modifications are needed:
The Division recommends that an owner or operator apply for a permit as early in the project as possible. It is a good idea to meet with an air permitting engineer or scientist before submitting a final permit application. This Draft Application Review Meeting ensures that the final application will be complete. To schedule a Draft Application Review Meeting, contact your assigned air permitting engineer or scientist. If you do not have an assigned air permitting engineer or scientist, contact the Dover office at 302-739-9402.
Start with the list of permit applications (and instructions) and make sure you take advantage of the Draft Application Review Meeting process.
Yes. Applicants are subject to both construction and operation fees.
Construction fees are one-time fees and include an initial construction permit application fee and an advertising fee to advertise the permit application in the newspaper. These fees must be submitted along with the construction permit application forms.
Once the permitted equipment is constructed, the assigned Division of Air Quality engineer completes a successful construction-to-operation inspection, and an operating permit is issued, applicants become subject to annual operating fees for the duration of the permit’s life.
Equipment-specific construction and operation fees. All checks should be made payable to: State of Delaware.
In most cases, if you meet the conditions listed below, you will not be required to obtain an air permit. However, there are special situations that may require you to have a permit. To be certain, please contact the Division of Air Quality at 302-739-9402 (in Kent or Sussex County) or 302-323-4542 (in New Castle County).
If your actual emissions are less than 0.2 pounds per day (pursuant to the criteria listed above), you are still required to:
If you meet the criteria listed above, you may be eligible for a registration. If you have any questions about whether or not you are eligible for a registration, please contact the Division of Air Quality at 302-739-9402 (in Kent or Sussex County) or 302-323-4542 (in New Castle County).
To apply for a registration, complete and submit an Air Contaminant Equipment Registration form.
A registration may be completed and submitted in one of two ways. First, you may decide to submit a self-registration. Or, you can submit the registration application form and have the Division of Air Quality complete the registration review.
Self-registration is the quickest way to obtain a registration and enables you to commence construction, installation, modification, and/or operation of the equipment or process upon submittal of a complete self-registration application form.
Please note that use of the self-registration process is at your own risk. If the Division of Air Quality finds that you do not meet the eligibility criteria, you may be subject to enforcement actions associated with constructing and/or operating without a permit. In addition, you may be required to cease operation of your equipment, process, and/or air contaminant control device until you have received a permit to operate.
If you choose not to follow the self-registration process, you may submit a standard registration application to Division of Air Quality. However, you may not commence construction, installation, modification and/or operation until you receive written approval from the Division of Air Quality.
Following the self-registration process or the Division of Air Quality review process, you are required to:
The Division of Air Quality reviews your application for the potential to emit of air contaminants from your equipment and/or air pollution control device taking into account the hours of operation, fuel used, and other factors such as the removal efficiency of your air pollution control device, if you have one.
Potential to emit is defined as: “the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Administrator or the Department.”
For more information, you can also review the EPA’s Potential to Emit, A Guide for Small Businesses, from the EPA Office of Air Quality Planning and Standards (October 1998).
You can use emission factors information from the Environmental Protection Agency; material balance calculations (a method used to estimate your emissions based upon the type and quantity of inputs to types and quantity of outputs); test data (based on on-site measurement of emissions approved by the Division of Air Quality); and/or source-specific information such as manufacturer’s specifications, operating hours, fuel usage, and raw material information.
A Natural Minor source does not meet any of the applicability criteria specified for a major stationary source or a synthetic minor source. Generally, a natural minor source does not need to rely upon limitations (such as restrictions on hours of operation, fuel usage, air pollution control device removal efficiency, etc.) in calculating the potential to emit of the source. Even without these restrictions or limitations the source still does not trigger major source or, therefore, synthetic minor applicability criteria.
A Synthetic Minor source has a potential to emit that is at or above the major source emission thresholds, but the source accepts restrictions on emission rates, process controls, or other limitations in a permit in order to stay below the major source emission thresholds.
A facility is considered a Major Source if it has the potential to emit equal to or greater than the emission rates listed below.
| Volatile Organic Compounds | Nitrogen Oxide | Carbon Monoxide | Sulfur | Particulates | Hazardous Air Pollutants | Other | |
|---|---|---|---|---|---|---|---|
| New Castle | 25 | 25 | 100 | 100 | 100 | 10 | 100 |
| Kent | 25 | 25 | 100 | 100 | 100 | 10 | 100 |
| Sussex | 50 | 100 | 100 | 100 | 100 | 10 | 100 |
| Measured in tons per year. The threshold of 10 tons/year for HAPs is for a single HAP. The annual total threshold for all HAPs is 25 tons/year. | |||||||
Sources that are considered major are subject to the permitting requirements of 7 DE Admin. Code 1125 and 7 DE Admin. Code 1130.
Section 1125, which is also generally referred to as New Source Review (NSR) and Prevention of Significant Deterioration (PSD), is a preconstruction review program for major stationary sources of air pollution. Approval in the form of a permit is required prior to construction, reconstruction, or modification of emission units.
Section 1130, which is also generally referred to as the Title V Operating Permit Program, is an operating permit program for major sources.
If you are subject to 7 DE Admin. Code 1125 and 7 DE Admin. Code 1130, the process to obtain a permit is more complex and therefore, more lengthy. If you have additional questions, contact the Division of Air Quality at 302-739-9402 (in Kent or Sussex County) or 302-323-4542 (in New Castle County).
This depends upon the type of permit you are requesting and the permitting program you are subject to. As discussed previously, you may be classified as a natural minor, synthetic minor or major source depending upon your potential to emit. The time-frame to obtain a permit from the Department depends upon your facility’s classification. Please remember that you cannot commence construction, operation, and/or alteration of equipment prior to receiving Division of Air Quality approval (in the form of a permit.)
Natural Minor: Upon receipt of an application, a Division of Air Quality engineer or scientist will be assigned to your facility and will evaluate your project before proceeding with the process to issue a permit to construct. This evaluation is based upon the information you put in your application. This information includes but is not limited to: the proposed air pollutant emission rate(s), plans you provide regarding the design and intended operation of the equipment, and manufacturer’s specifications regarding air pollution control equipment.
The Division of Air Quality is required to advertise receipt of your application including a brief description of the project and associated emissions. The advertisement is public noticed once in Sunday’s classified section of the Delaware State News and The News Journal. Following this advertisement, your application will be made available in the Dover and New Castle Offices for public review and comment for a period of fifteen (15) days. The public can request a public hearing during this time period.
The Division of Air Quality considers all comments. A final permit will be issued only after addressing any comments received including the outcome of a public hearing, if requested.
A construction permit will take 90 days from receipt of a complete application. However, if a public hearing is requested, issuance of the permit is dependent upon the results of the public hearing and can take significantly longer.
Once you have received your construction permit and then completed construction, you may request permission to operate. You will need to contact your assigned engineer or scientist. A time will be set up for Division of Air Quality personnel to inspect and observe the equipment in operation. Provided the inspection indicates compliance with State and Federal rules and regulations, the Division will issue you a permit to operate. Note, you may only operate the equipment and/or air pollution control equipment for the purposes of debugging and the compliance inspection. You may not operate the equipment until such time as you have received Division of Air Quality approval.
After you have received your Construction and then Operating Permit, it is your responsibility to comply with the terms and conditions of the permits. If you have any questions regarding the meaning of the terms and conditions of your permits, it is important that you contact your assigned engineer or scientist to review your obligations.
Synthetic Minor Source: Upon receipt of your application, a Division of Air Quality engineer or scientist will be assigned to your facility. In this instance, you are required to identify in your application any limits (such as fuel usage, hours of operation, minimum destruction efficiency for air pollution control equipment, etc.) that you will ensure that the emissions from the facility will be below major source threshold.
Your assigned engineer or scientist will evaluate the project based upon the information in the application before proceeding with the process to issue the permit. This information includes but is not limited to: the proposed air pollutant emission rate(s), plans you provide regarding the design and intended operation of the equipment, and manufacturer’s specifications regarding air pollution control equipment. A draft permit will be developed.
The Division of Air Quality is then required to advertise your application and draft permit in the Sunday Delaware State News and The News Journal in the classified section. Following this advertisement, your application, copy of your draft permit, and any other supporting documentation will be made available in the Dover and New Castle Offices for public review and comment for a period of thirty (30) days. The public can request a public hearing during this time period.
The Division of Air Quality considers all comments received and may modify the draft permit based upon those comments. A final permit will be issued only after addressing any and all comments received including the outcome of a public hearing, if requested.
Once you have received your construction permit and then completed construction, you may request permission to operate. You will need to contact your assigned engineer or scientist. A time will be setup for Division of Air Quality personnel to inspect and observe the equipment in operation. Provided the inspection indicates compliance with State and Federal rules and regulations, the Division of Air Quality will issue you a permit to operate. Note, you may only operate the equipment and/or air pollution control equipment for the purposes of debugging and the compliance inspection. You may not operate the equipment until such time as you have received Department approval.
After you have received your Construction and then Operating Permit, it is your responsibility to comply with the terms and conditions of the permits. If you have any questions regarding the meaning of the terms and conditions of your permits, it is important that you contact your assigned engineer or scientist to review your obligations.
Major Source: The process to obtain a construction permit, pursuant to 7 DE Admin. Code 1125, Preconstruction Requirements, and then an operating permit, pursuant to 7 DE Admin. Code 1130, (Title V) State Operating Permit Program, for a major source is more complex and also lengthier. If you think that you may be considering a project to construct, modify, and then operate equipment that is major, please contact Division of Air Quality and schedule a “pre-application” meeting. The purpose of such a meeting is to help you identify applicable requirements and to help ensure that you submit a complete application.
Information submitted to the Division of Air Quality is available to the public for review. In certain situations, the public will have to file a Freedom of Information Act (FOIA) to request information. If you have information that you wish to remain confidential, you may submit a request for confidentiality pursuant to the Department’s FOIA regulation. The Department will review the request and notify you in writing as to whether your information will be afforded confidentiality protection.
The public can get involved in a number of ways. During the application stage of a request to construct, modify, and/or operate, the Department provides a public notice in the Delaware State News and the News-Journal in the Sunday classified section in addition to providing an electronic notice on the Department’s website.
Following this advertisement, the application and draft permit (if applicable) will be made available in the Dover and New Castle Offices for public review and comment for a period of fifteen (15) days or thirty (30) days. (As stated previously, the length of time of the public comment period depends upon whether the facility is classified as a natural minor, synthetic minor, or major source.) The public can request a public hearing during this time period.
Under the 7 DE Admin. Code 1130 (Title V) State Operating Permit Program, citizens have the right to ensure that the terms and conditions of the permit are being complied with by the facility and enforced by the Department and the Environmental Protection Agency.
Site work, including clearing of land and grading, may occur prior to obtaining a construction permit, but any further work should be avoided.
In 7 DE Admin Code 1102, Section 2.1 it states, “Except as exempted in 2.2 of this regulation, no person shall initiate construction, install, alter or initiate operation of any equipment or facility or air contaminant control device which will emit or prevent the emission of an air contaminant prior to receiving approval of his application from the Department or, if eligible, prior to submitting to the Department a completed registration form.”
In 7 DE Admin Code 1101, Section 2.0, construction is defined as, “fabrication, erection, or installation of an applicable source or a stationary source.”
According to 40 CFR 52.21(b)(11), “Begin actual construction means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.”
On several instances dating back to 1978, the EPA has weighed in on questions related to the interpretation of “Begin Actual Construction.” The Department recommends reviewing these instances to determine if/how the EPA’s published stance on the term relates to your situation.
While the equipment proposed for construction may or may not be a major source, it is the Department’s opinion that the definition of “Begin Actual Construction” in 40 CFR 52.21(b)(11) is complementary to 7 DE Admin Code 1102 Section 2.1 as well as the definition of “construction” given in 7 DE Admin Code 1101.
The Department recommends contacting the engineer assigned to review your application for case-specific questions on what is or is not allowable. The suggestions provided here should not be interpreted as pre-approval of any permit application.
Generally, the answer is “No.” Permits have different expiration time frames based upon the type of permit issued.
A construction permit for a minor source is good for three (3) years. If additional time is needed, it may be renewed upon application to and approval by the Division of Air Quality.
An operating permit may be valid for an indefinite period, unless the equipment or operation for which a permit is written has controlled emissions of 100 tons or more per year of any air contaminant. If controlled emissions are 100 tons or more per year, the permit shall be valid for not more than a five (5)-year period. An application to renew the application and approval from the Division of Air Quality is required to continue operating the equipment.
An operating permit issued for sources required to obtain a Title V permit (under Regulation No. 30) shall be valid for not more than a five (5) year period. An application to renew the operating permit is required.
A registration is also valid for an indefinite time period provided modifications have not been made which affect the original registration information. If the registration is no longer valid, you may request that it is cancelled, file an updated registration, or apply for a permit to construct or operate if you are modifying and actual emissions will be greater than 10 pounds per day.
A permit and/or registration is no longer valid once you have modified equipment, processes, fuels, and/or raw materials. Note: if you choose to modify your equipment, process, or air pollution control equipment you must submit an application and receive a permit prior to making the modification.
Permits and registrations can be transferred from one owner to another. Thirty (30) days written notice must be given to the Division of Air Quality from both parties (the owner and the buyer). Permits and registrations cannot be transferred from one location to another. You must re-apply for a construction permit and/or registration by submitting an application to Division of Air Quality. You must also complete an Environmental Permit Application Background Statement.
You can not move the equipment to the new site until you have received written permission from the Division of Air Quality. You must re-apply for a construction permit and/or registration by submitting an application to Division of Air Quality.
Delaware’s Air Quality Regulations (7 DE Admin. Code 1100) are available online from the Delaware Register of Regulations.
Federal Air Regulations are found in the Code of Federal Regulations.
Additional information about the Federal Clean Air Act is found on the EPA website.
Contact the Division of Air Quality and ask to speak to a program manager in Engineering and Compliance. Contact the Division of Air Quality at 302-739-9402 (in Kent or Sussex County) or 302-323-4542 (in New Castle County). Or, Contact DNREC’s Small Business Ombudsman at 302-739-9069.
Related Topics: air quality, air quality permits, clean air, permitting and regulation
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