Delaware Bulk Transmission Air Quality Assessment(15-DE)

In Delaware, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Delaware Department of Natural Resources and Environmental Control, Division of Air Quality. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to 7-1100 Del. Admin. Code § 1102(2.1). Delaware exempts construction equipment from the requirement to submit Air Contaminant Equipment Registration or to obtain an Air Quality Permit, as long as it is not located at a synthetic minor or Title V source. 7-1100 Del. Admin. Code §§ 1102(2.0)(2.2.3); Appendix A(16.0).

A developer must comply with fugitive dust rules contained in 7-1100 Del. Admin. Code § 1106, which require a developer to prevent visible particulate emissions from materials being transported by a motor vehicle, prevent sand or other abrasive material from traveling beyond the property line of the operation, and prevent any stockpiling or storage of material from causing a condition of air pollution. 7-1100 Del. Admin. Code § 1106(4.0)–(6.0). A developer must also prevent mobile sources from emitting visible air contaminants or smoke in excess of 20% opacity. 7-1100 Del. Admin. Code § 1114(2.0). The developer should consider the project’s impact on air quality and comply with federal and state law.

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.