Delaware Hazardous Air Pollutants regulations & environmental compliance analysis

Delaware Hazardous Air Pollutants: What you need to know

Governing Law and Regulations

National Emissions Standards for Hazardous Air Pollutants (NESHAP): 40 CFR 61, 40 CFR 63, 7 Delaware Administrative Code (DE Admin Code) 1121, and 7 DE Admin Code 1138

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Source category regulations: 7 DE Admin Code 1138.5 to 1138.17


Multipollutant regulation: 7 DE Admin Code 1146

Regulatory Agency

Delaware Department of Natural Resources and Environmental Control (DNREC) Division of Air and Waste Management

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. For certain sources, Delaware has promulgated standards that differ from the NESHAPs for source categories, also known as maximum achievable control technology (MACT) standards. Otherwise, the state has adopted by reference selected federal NESHAP standards, including MACT standards. If EPA has not promulgated a MACT standard for a source category, performance or emissions standard determinations will be made on a case-by-case basis for individual major sources of hazardous air pollutants (HAPs). Refer to the national section HAZARDOUS AIR POLLUTANTS for more information.

Administration and enforcement. DNREC administers and enforces the HAP regulations in Delaware.

State Requirements


7 DE Admin Code 1138.5 to 1138.17

DNREC has promulgated regulations for the following that differ from the federal MACT standards:

  • Perchloroethylene emissions from dry-cleaning facilities
  • Chromium emissions from hard and decorative chromium electroplating and chromium anodizing tanks
  • HAP emissions from industrial process cooling towers
  • HAP emissions from halogenated solvent cleaning
  • HAP emissions from hospital ...

Read more about Hazardous Air Pollutants