Delaware New Source Review regulations & environmental compliance analysis

Delaware New Source Review : What you need to know

Governing Law and Regulations

Nonmajor construction permits: 7 Delaware Administrative Code (DE Admin Code) 1102

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Nonattainment New Source Review (NSR):

Nonattainment areas: 40 CFR 81.308

Applicability: 7 DE Admin Code 1125.1.9, 7 DE Admin Code 1125.2.2, and 7 DE Admin Code 1125.2.4

Permitting requirements: 7 DE Admin Code 1125.2.4 and 7 DE Admin Code 1125.2.5

Prevention of Significant Deterioration (PSD): 40 CFR 52.420, 40 CFR 52.432, and 7 DE Admin Code 1125

Applicability: 7 DE Admin Code 1125.1.9, 7 DE Admin Code 1125.3.1, and 7 DE Admin Code 1125.3.7

Permitting requirements: 7 DE Admin Code 1125.3.8

Action on the application: 7 DE Admin Code 1125.3.14

Innovative control technology: 7 DE Admin Code 1125.3.16

Regulatory Agency

Delaware Department of Natural Resources and Environmental Control (DNREC) Division of Air Quality (DAQ)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Delaware requires any new or modified source of air contaminants to secure an air quality permit to construct, unless specifically exempted. New major sources and major modifications must comply with the applicable provisions of Prevention of Significant Deterioration (PSD) and/or nonattainment New Source Review (NSR) depending on the pollutants emitted and the attainment status of the area in which the source is located and the type and quantity of air pollutants emitted.

Delaware currently has several counties that are in nonattainment with the National Ambient Air Quality Standards (NAAQS) for ozone. The provisions of nonattainment NSR apply to new major sources or major modifications in those areas, while PSD requirements apply to ...


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More on this topic:

Governing Law and Regulations
Regulatory Agency
Comparison: State vs. Federal
State Requirements

Delaware New Source Review Resources

Type Title
Checklists PSD Pre-Application Meeting Checklist
Forms PSD Project Information Form
See all New Source Review Resources