The DNREC Division of Air Quality will conduct a public hearing (Docket #2023-R-A-0015) to consider comments on proposed amendments to the Title V State Operating Permit Program (7 DE Admin. Code 1130). Public comment period open through May 10, 2024.

The hearing will address amendments to 7 DE Admin. Code 1130 to remove the emergency affirmative defense provisions and references.

7 DE Admin. Code 1130 is based on Title 40 of the Code of Federal Regulations (CFR) Part 70, which outlines requirements for state operating permit programs.  Subsection 6.7 of 1130 includes guidance on claiming affirmative defenses for emission exceedances for emergencies.

On July 21, 2023, the Environmental Protection Agency issued a final rule (88 FR 47029), which removed all emergency affirmative defense provisions for state and federal operating permit programs in 40 CFR Part 70.6(g) and 71.6(g).

To maintain consistency with the current federal requirements, the Division is proposing to remove the affirmative defense provisions from 7 DE Admin. Code 1130.

Additional amendments correct a typographical error (7 DE Admin. Code 1130, Section 8.0 of Appendix A “Insignificant Activities”). This correction is not substantive and does not change the intent or purpose of the regulation.

The proposed amendments may be inspected online starting April 1, 2024 at regulations.delaware.gov/services/current_issue.shtml, or in-person, by appointment only, by contacting Taylor Englert by phone at 302-323-4542 or by email at Taylor.Englert@delaware.gov.

The Department will accept public comment through May 10, 2024. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address on this page.

Proposed DNREC Exhibits

Exhibit 1: Regulation 1130 Technical Support Document

Exhibit 2: Removal of Title V Emergency Affirmative Defense Provisions – EPA Final Rule

Exhibit 3: Start Action Notice approved by the Department Secretary on October 10, 2023

Exhibit 4: Register Notice and Proposed amendments to 7 DE Admin. Code 1130, published in Delaware Register of Regulations on April 1, 2024

Exhibit 5: Affidavit and Legal Notice in the March 17, 2024 Delaware State News

Exhibit 6: Affidavit and Legal Notice in the March 17, 2024 News Journal

Exhibit 7: State Public Meeting Calendar hearing notice, dated March 15, 2024

Exhibit 8: Public Hearing Web Page on the DNREC website (this page), dated March 15, 2024

Exhibit 9: Regulatory Flexibility Analysis and Impact Statement Form, published in Delaware Register of Regulations, April 1, 2024

Exhibit 10: DNREC Presentation