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Skip Navigation LinksDNREC : Division of Waste & Hazardous Substances : Info : Regulations : AQM New Source Review Reform

New Source Review Reform in Delaware



A Review Committee has been formed for consideration of revisions to Regulation 25 to reflect selected provisions of the major NSR reforms published by the EPA on 12/31/02.  The reforms include baseline emission determinations, applicability tests, clean units, pollution control project exclusions, and (PAL’s) Plant applicability determinations. The reforms have been contested by a number of states (including Delaware) but the rule has not been stayed. A final rule, with whatever provisions are to be adopted, needs to be established and effective date by 1/11/06. The only guiding requirement from the EPA is that the final major NSR rule be at least as stringent as the EPA rule.  Stringency will be determined by the EPA on a case-by-case basis. A companion rule, issued on 10/27/03, dealing with equipment replacement provision (ERP) was also contested and the court has issued a stay.  Consideration to the ERP ruling may be given if time permits.

Calendar of Events:

Major NSR Reform Committee Meetings are scheduled every third week until a draft rule is ready to be discussed in a public workshop (which is tentatively scheduled for 7/10/05). The meetings will be held from 10:00 am to 12:00 pm in Conference Room B of the Lukens Drive Office on the following dates:

Tuesday, February 8, 2005

Tuesday, March 1, 2005

Tuesday, March 22, 2005

Tuesday, April 12, 2005 

Tuesday, May 3, 2005

Tuesday, May 24, 2005  Cancelled 

Tuesday, June 14, 2005

Special Announcement (posted 6/28/05):

A report (No. 02-1387) was issued 6/24 by the DC Circuit Court of Appeals on their decision in the NSR Reforms lawsuit case.  The lawsuit against the EPA Reforms (issued on 12/31/02) was posted as document 2 under Supporting Documentation on this web page.  The decision document was posted as document 70 on the same web page. The court decided the Clean Unit Test and the Pollution Control Project Exclusion were to be removed from the rule and that the EPA must add provisions to require source reporting on projected actual emissions.  A brief summary of their decision can be found on page 8 of the document.  

Tuesday, July 5, 2005 Cancelled 

Tuesday, July 26, 2005 Cancelled 

Tuesday, August 16, 2005   

This meeting will take place in the Raymond Room at the Grassdale Conference Center in Delaware City from 10:00 am to 12:00 pm.

Wednesday, September 7, 2005

Tuesday, September 27, 2005 

Wednesday, October 19, 2005

Tuesday, November 8, 2005 

Tuesday, November 29, 2005

Wednesday, December 21, 2005  CANCELLED

Tuesday, January 10, 2006

Tuesday, January 31, 2006

Tuesday, February 21, 2006

Tuesday, March 14, 2006

Tuesday, April 4, 2006  CANCELLED

Tuesday, April 25, 2006  CANCELLED

Tuesday, May 16, 2006  CANCELLED

Tuesday, June 6, 2006  CANCELLED

Tuesday, June 27, 2006

Tuesday, July 18, 2006  CANCELLED

Tuesday, August 8, 2006 

Tuesday, August 15, 2006  CANCELLED

Tuesday, August 22, 2006  CANCELLED

Tuesday, August 29, 2006  CANCELLED

Tuesday, September 19, 2006  CANCELLED

Tuesday, October 10, 2006  CANCELLED 

Tuesday, October 31, 2006  CANCELLED 

Tuesday, November 21, 2006  CANCELLED 

Special Announcement (posted 11/28/06):

In case you have not caught up to it, DNREC has adopted the Muli-Pollutant Regulation (number 1146) regulating the emissions of NOx; SO2 and Hg from power plants. The Newsroom brief is replicated below.  You can find more information on their website  Scroll down to  Regulation and click on Final Regulation to see the final form.  There are other interesting documents displayed on this website like the Technical Support Document and the Final Response Document.

Tuesday, December 12, 2006  CANCELLED 

Tuesday, January 2, 2007  CANCELLED 

Tuesday, January 23, 2007  CANCELLED 

Tuesday, February 13, 2007

Tuesday, March 6, 2007  CANCELLED 

Tuesday, March 14, 2007 

Stakeholder Comments on the Draft 4 (061906) of Regulation 1125:

DNREC Responses to Stakeholder Comments on Draft 4 (above):

DNREC Submittal to EPA (January 2, 2008)

An Alternate Path to NSR Reform

Supporting Documentation 

FEL Well-Controlled Workgroup 

For information regarding NSR Reform in Delaware please contact:
Mr. Gene M. Pettingill
715 Grantham Lane
New Castle, DE 19720
Main line – (302) 323-4542
Fax line – (302) 323-4598

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