Notice is hereby given that Permit: AQM-005/00001-Renewal (03) and the following associated 7 DE Admin. Code 1102 permits, Permit: APC-82/0149-OPERATION (Amendment 4) (NO_X RACT) (NSPS), Permit: APC-82/0149-OPERATION (Amendment 4) (Revision 1) (NO_X RACT) (NSPS), Permit: APC-82/0149-OPERATION (Amendment 5), and Permit: APC-82/0149-OPERATION (Amendment 8), held by Indian River Power, LLC having a facility at 29416 Power Plant Road, in Dagsboro, Delaware, have been reopened for cause pursuant to 7 DE Admin. Code 1130, Section 7.

The significant permit modification incorporates new operational and record keeping standards to meet the requirements of the Mid-Atlantic Northeast Visibility Union (MANE-VU), Regional Haze emission management strategies. Also, provisions related to Affirmative Defense are being removed in response to EPA’s removal of these provisions from the CAA operating permit program on July 12, 2023. There will be no changes to the facility’s air emissions. Based on the data available, the Division of Air Quality concludes that the modification meets all applicable requirements promulgated by the Environmental Protection Agency (EPA) and the Department of Natural Resources and Environmental Control (DNREC). Therefore a “draft/proposed” significant permit modification has been prepared.

The “draft/proposed” significant permit modification, Permit: AQM-005/00001-Renewal (03)-Revision (01), the revised Regulation 1102 permits, all materials that the applicant has submitted (other than those granted confidential treatment under DNREC rules), and a copy of summary of other materials, if any, considered in preparing the “draft/proposed” significant permit modification may be reviewed upon request. The materials are posted at de.gov/dnrecnotices. To submit comments, for additional information or for information regarding how you can inspect the significant permit modification materials, please contact Jennifer Childears at (302) 739 9402 or jennifer.childears@delaware.gov.

The “draft/proposed” significant permit modification is being submitted to EPA for concurrent processing. If there are no significant comments, the “draft/proposed” significant permit modification will be issued as a final permit after expiration of the EPA review period.

A public hearing concerning the permitting action will not be held unless the Secretary of the Department of Natural Resources and Environmental Control receives a request for such hearing within thirty (30) days from the date of this notice, ending October 22, 2024. A request for a hearing shall be in writing and must show a familiarity with the application and a reasoned statement of the permit renewal’s probable impact.

Division of Air Quality
State Street Commons, Suite 6A
100 W. Water Street, Dover 19904
302-739-9402

Related Topics:  air quality, indian river, permitting and regulation, power plant, public notice, title v