Is the information I submit confidential?
Answer: Information submitted to Air Quality Management 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:
How can the public get involved?
Answer: 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: http://www.dnrec.delaware.gov/
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 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" http://www.epa.gov/oar/oaqps/permits/partic/proof.html
Once I receive my permit or registration or if I already have a permit or registration, can I use indefinitely?
Answer: Generally, the answer is "No." Permits have different expiration timeframes based upon the type of permit issued.
What if I decide to buy an existing facility or wish to sell my facility? Are permits transferrable to a new owner/operator?
Answer: Permits and registrations can be transferred from one owner to another. Thirty (30) days written notice must be given to Air Quality Management 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 Air Quality Management.
What if I decide to move to a new location?
Answer: You can not move the equipment to the new site until you have received written permission from Air Quality Management. You must re-apply for a construction permit and/or registration by submitting an application to Air Quality Management.
Where can I find the Air Regulations?
Answer: You can access the Air Regulations by visiting http://www.dnrec.state.de.us/air/aqm_page/regs.htm, while Federal Air Regulations which are contained in the Code of Federal Regulations can be accessed electronically via http://www.epa.gov/oar/oarregul.html. Additional information about the Clean Air Act Amendments of 1990 can be obtained from: Plain English Guide to the Clean Air Act, http://www.epa.gov/air/caa/peg/
Who can I contact for help?
Answer: Contact your Small Business Ombudsman at (302) 739-9069 or contact the Air Quality Management Section and ask to speak to a program manager in Engineering and Compliance; telephone: (302) 739-9402 in Dover, (302) 323-4542 in New Castle.