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More Air Permitting FAQs


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Are there situations where I will not need a permit?

In most cases, if you meet the conditions of the table below, you will not be required to obtain an air permit. However, there are special situations that may require you to have a permit. To be certain, please contact the DAQ at (302) 739-9402 if you are in Kent or Sussex County or (302) 323-4542 if you are in New Castle County. 

Equipment without an air contaminant control device

Actual emissions each and every day less than 0.2 pound per day

Equipment with an air contaminant control device

Actual emissions each and every day to the inlet of the air pollution control device is less than 0.2 pound per day

Other equipment listed in 7 DE  Admin. Code 1102 Appendix A

Delaware Administrative Code Title 7


If your actual emissions are less than 0.2 pound per day (pursuant to the criteria listed above), you are still required to: 

  • Quantify and document actual emissions
  • Maintain records at the facility and make available to DAQ upon request.

If you meet the criteria in the table above, you may be eligible for a registration. If you have any questions about whether or not you are eligible for a registration, please contact the DAQ at (302) 739-9402 in Kent or Sussex County or (302) 323-4542 in New Castle County. 

I qualify for a registration. How do I obtain a registration?

In order to apply for a registration, complete and submit a registration form. Registration forms are available on line at

A registration may be completed and submitted in one of two ways. First, you may decide to submit a self-registration. Or, you can submit the registration application form and have the DAQ complete the registration review.  

Self-registration is the quickest way to obtain a registration and enables you to commence construction, installation, modification, and/or operation of the equipment or process upon submittal of a complete self-registration application form. The process to complete a self-registration form can be found at the above link. Please note that use of the self-registration process is at your own risk. If the DAQ finds that you do not meet the eligibility criteria, you may be subject to enforcement actions associated with constructing and/or operating without a permit. In addition, you may be required to cease operation of your equipment, process, and/or air contaminant control device until you have received a permit to operate. 

If you choose not to follow the self-registration process, you may submit a standard registration application to DAQ. However, you may not commence construction, installation, modification and/or operation until you receive written approval from the DAQ. 

Following the self-registration process or the DAQ review process, you are required to:

  • Maintain the registration on the premises where the construction, installation, modification, or operation activity takes place. 
  • Maintain records at the facility that document that the equipment has actual emissions equal to 0.2 pound per day but less than 10 pounds per day each and every day.
  • Discontinue operation of the registered equipment if actual emissions are 10 pounds per day or greater. You will need to submit an application for a permit to construct and/or operate to the Division of Air Quality Section if you wish to continue operations.
  • Make all records available to the DAQ upon request.

What do you mean by potential to emit?

Answer: DAQ reviews your application for the potential to emit of air contaminants from your equipment and/or air pollution control device taking into account the hours of operation, fuel used, and other factors such as the removal efficiency of your air pollution control device, if you have one.  

Potential to emit is defined as: "the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design.  Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Administrator or the Department." 

For more information, you can also review the following: "Potential to Emit, A Guide for Small Businesses," United States Environmental Protection Agency, Office of Air Quality Planning and Standards, EPA-456/B-98-003, October 1998

How do I estimate how much I emit?

You can use emission factors provided by the Environmental Protection Agency (called AP-42 emission factors and are available through the Internet at; material balance calculations (a method used to estimate your emissions based upon the type and quantity of inputs to types and quantity of outputs); test data (this is based upon Division of Air Quality approved on-site measurement of emissions); and/or source specific information such as manufacturer’s specifications, operating hours, fuel usage, and raw material information.


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Revised:  06/16/2016

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