Notice of Public Hearing: Title V State Operating Permit Program

Division of Air Quality

Published: March 17, 2024
Comments Due: May 10, 2024

DNREC Notice No. AQ20240068

The Department of Natural Resources and Environmental Control (DNREC), Division of Air Quality (DAQ) will conduct a public hearing on Thursday, April 25, 2024 beginning at 6:00 p.m. to consider comments from the public on the proposed amendments to 7 DE Admin. Code 1130 “Title V State Operating Permit Program” (Docket #2023-R-A-0015).

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, or in-person, by appointment only, by contacting Taylor Englert by phone at 302-323-4542 or by email at

The web link to the virtual hearing can be accessed through the DNREC Public Hearings site at If prompted for a password, please use: 098243. To access the audio-only portion of the virtual hearing, dial 1-646-931-3860 and enter the Meeting ID 889 9258 3729. Closed captioning in over 20 languages, including English and Spanish, is available to attendees via the Zoom platform utilized for all DNREC Public Hearings.

Those wishing to offer verbal comments during DNREC public hearings must pre-register no later than noon of the date of the virtual hearing at or by telephone at 302-739-9001.

The Department will accept public comment through Friday, May 10, 2024. Comments will be accepted in written form via email to, or by using the online form at, or by U.S. mail to the following address:

Theresa Smith, Hearing Officer
DNREC — Office of the Secretary
89 Kings Highway, Dover, DE 19901