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Skip Navigation LinksDNREC : Division of Air Quality : DAQ Permitting FAQs4

More Air Permitting FAQs


Question: Is the information I submit confidential?
Answer: Information submitted to DAQ is available to the public for review. In certain situations, the public will have to file a Freedom of Information Act (FOIA) to request information.  If you have information that you wish to remain confidential, you may submit a request for confidentiality pursuant to the Department’s FOIA regulation. The Department will review the request and notify you in writing as to whether your information will be afforded confidentiality protection.

You may download a copy of the Department’s FOIA regulation, which contains information concerning the procedures and criteria for both Freedom of Information Act and Confidentiality requests, from the following website: 100/index.shtml

Question: How can the public get involved?
The public can get involved in a number of ways. During the application stage of a request to construct, modify, and/or operate, the Department provides a public notice in the Delaware State News and the The News-Journal in the Sunday classified section in addition to providing an electronic notice on the Department’s website:

Following this advertisement, the application and draft permit (if applicable) will be made available in the Dover and New Castle Offices for public review and comment for a period of fifteen (15) days or thirty (30) days.  (As stated previously, the length of time of the public comment period depends upon whether the facility is classified as a natural minor, synthetic minor, or major source.)  The public can request a public hearing during this time period.

Under the 7 DE Admin. Code 1130 (Title V) State Operating Permit Program, citizens have the right to ensure that the terms and conditions of the permit are being complied with by the facility and enforced by the Department and the Environmental Protection Agency.  For further information, it is suggested that you consult the following document: "The Proof is in the Permit, How to Make Sure a Facility in Your Community Gets an Effective Title V Air Pollution Permit"

Question: Once I receive my permit or registration or if I already have a permit or registration, can I use it indefinitely?
Answer: Generally, the answer is "No." Permits have different expiration timeframes based upon the type of permit issued.

  • A construction permit for a minor source is good for three (3) years. If additional time is needed, it may be renewed upon application to and approval by DAQ.
  • An operating permit may be valid for an indefinite period, unless the equipment or operation for which a permit is written has controlled emissions of 100 tons or more per year of any air contaminant. If controlled emissions are 100 tons or more per year, the permit shall be valid for not more than a five (5)-year period. An application to renew the application and approval from DAQ is required to continue operating the equipment.
  • An operating permit issued for sources required to obtain a Title V permit (under Regulation No. 30) shall be valid for not more than a five (5) year period. An application to renew the operating permit is required.
  • A registration is also valid for an indefinite time period provided modifications have not been made which affect the original registration information. If the registration is no longer valid, you may request that it is cancelled, file an updated registration, or apply for a permit to construct or operate if you are modifying and actual emissions will be greater than 10 pounds per day.
  • A permit and/or registration is no longer valid once you have modified equipment, processes, fuels, and/or raw materials. Note: if you choose to modify your equipment, process, or air pollution control equipment you must submit an application and receive a permit prior to making the modification.

Question: What if I decide to buy an existing facility or wish to sell my facility? Are permits transferrable to a new owner/operator?
Permits and registrations can be transferred from one owner to another. Thirty (30) days written notice must be given to DAQ from both parties (the owner and the buyer).  Permits and registrations can not be transferred from one location to another. You must re-apply for a construction permit and/or registration by submitting an application to Division of Air Quality. 

Question: What if I decide to move to a new location?
You can not move the equipment to the new site until you have received written permission from Division of Air Quality. You must re-apply for a construction permit and/or registration by submitting an application to Division of Air Quality.

Question: Where can I find the Air Regulations?
You can access the Air Regulations by visiting

Federal Air Regulations which are contained in the Code of Federal Regulations can be accessed electronically via

Additional information about the Clean Air Act can be obtained at

Question: Who can I contact for help?
Contact DNREC's Small Business Ombudsman at (302) 739-9069 or contact DAQ and ask to speak to a program manager in Engineering and Compliance.  The Small Business Ombudsman can be reached at (302) 739-9402 in Dover, (302) 323-4542 in New Castle.

For more information contact: 

DAQ Engineering and Compliance
(302) 323-4542

Revised: 06-16-2016


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