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Gasoline Vapor Recovery Regulations

Delaware Department of Natural Resources and Environmental Control


Division of Air and Waste Management
Air Quality Management Section

In Cooperation with the


Tank Management Branch

Revised January 11, 2002


TABLE OF CONTENTS

Gasoline Vapor Recovery Regulatory Requirements

Extracted from the State of Delawares Regulations Governing the Control of Air Pollution

REGULATION NO. 1 - DEFINITIONS AND ADMINISTRATIVE PRINCIPLES ............................................ 2


SECTION 1 - GENERAL PROVISIONS ............................................................................................................................ 2
SECTION 2 - DEFINITIONS............................................................................................................................................ 2
SECTION 3 - ADMINISTRATIVE PRINCIPLES .............................................................................................................. 21
SECTION 4 - ABBREVIATIONS.................................................................................................................................... 21
REGULATION NO. 2 - PERMITS .......................................................................................................................... 22
SECTION 1 - GENERAL PROVISIONS .......................................................................................................................... 22
SECTION 2 - APPLICABILITY...................................................................................................................................... 23
SECTION 3 - APPLICATION/REGISTRATION PREPARED BY INTERESTED PARTY ....................................................... 25
SECTION 4 - CANCELLATION OF CONSTRUCTION PERMITS ...................................................................................... 25
SECTION 5 - ACTION ON APPLICATIONS ................................................................................................................... 25
SECTION 6 - DENIAL, SUSPENSION OR REVOCATION OF OPERATING PERMITS ........................................................ 26
SECTION 7 - TRANSFER OF PERMIT/REGISTRATION PROHIBITED ............................................................................. 26
SECTION 8 - AVAILABILITY OF PERMIT/REGISTRATION ........................................................................................... 26
SECTION 9 - REGISTRATION SUBMITTAL .................................................................................................................. 27
SECTION 10 - SOURCE CATEGORY PERMIT APPLICATION ........................................................................................ 28
SECTION 11 - PERMIT APPLICATION ......................................................................................................................... 28
SECTION 12 - PUBLIC PARTICIPATION....................................................................................................................... 32
SECTION 13 - DEPARTMENT RECORDS...................................................................................................................... 36
REGULATION NO. 24 - CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS ..................... 39
SECTION 1 - GENERAL PROVISIONS. ........................................................................................................................ 39
SECTION 2 DEFINITIONS ........................................................................................................................................ 40
SECTION 3 APPLICABILITY .................................................................................................................................... 46
SECTION 6 - GENERAL RECORDKEEPING ................................................................................................................. 47
SECTION 7 - CIRCUMVENTION.................................................................................................................................. 47
SECTION 8 - HANDLING, STORAGE, AND DISPOSAL OF VOLATILE ORGANIC COMPOUNDS (VOCS)....................... 47
SECTION 9 - COMPLIANCE, PERMITS, ENFORCEABILITY .......................................................................................... 48
SECTION 24 - BULK GASOLINE PLANTS .................................................................................................................... 49
SECTION 25 - BULK GASOLINE TERMINALS. ............................................................................................................ 51
SECTION 26 - GASOLINE DISPENSING FACILITY - STAGE I VAPOR RECOVERY........................................................ 55
SECTION 27 - GASOLINE TANK TRUCKS ................................................................................................................... 57
SECTION 36 - GASOLINE DISPENSING FACILITY - STAGE II VAPOR RECOVERY....................................................... 59

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Extracted from the State of Delawares Regulations Governing the Control of Air Pollution

REGULATION NO. 1 -DEFINITIONS AND ADMINISTRATIVE PRINCIPLES

02/01/81
Section 1 - General Provisions

1.1 The words and phrases defined and the administrative principles presented in this Regulation shall apply to all
regulations, unless the context clearly indicates otherwise.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 1 DEFINITIONS AND ADMINISTRATIVE PRINCIPLES

09/11/99
Section 2 - Definitions

ACCUMULATOR: The reservoir of a condensing unit receiving the condensate from the condenser.

ACT: Title 7, Delaware Code, Chapter 60, approved July 17, 1973, as amended July 26, 1974.

ACTIVE SECTION OF DISPOSAL SITE: Any disposal site other than an inactive section.

ACTIVITY: Construction, or operation, or use of any facility, property, or device.

ACTUAL OPERATING CONDITIONS: Any conditions or operating parameters, or the quantities representing
these conditions or parameters, which exist during any operation.

ADEQUATELY WETTED: Sufficiently mixed or coated with water or an aqueous solution to prevent dust
emissions.

AIR CONTAMINANT: Particulate matter, dust, fumes, gas, mist, smoke, or vapor of any combination thereof,
exclusive of uncombined water.

AIR CONTAMINANT CONTROL DEVICE OR SYSTEM: Any method, process, equipment, or stack which
removes, reduces, or renders less noxious air contaminants discharged into the atmosphere.

AIR CONTAMINANT SOURCE: Any source from which there is emitted into the atmosphere any air contaminant
regardless of who owns the property or facility from which the emission comes. Without limiting the generality of
the foregoing, this term includes all types of commercial and industrial plants and works, heating and power plants
and stations, shops and stores; buildings and other structures of all types, including single and multiple family
residences, apartment houses, office buildings, public buildings, hotels, restaurants, schools, hospitals, churches, and
other institutional buildings, automobiles, trucks, tractors, busses and other motor vehicles (hereinafter called "motor
vehicles"); garages, vending and service locations and stations; railroad locomotives; ships, boats and other
waterborne craft; airborne crafts; portable fuel-burning equipment; incinerators of all types, indoor and outdoor; and
refuse dumps and piles.

AIR POLLUTION: The presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities
and of such characteristics and duration as to be injurious to human, plant, or animal life or to property or which
unreasonably interferes with the enjoyment of life and property within the jurisdiction of the State, excluding all
aspects of employer-employee relationships as to health and safety hazards.

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AIR QUALITY CRITERIA: A series of observed relationships between air pollutants and their effects on health,
welfare, vegetation, or property. Criteria for any given effect are expressed in terms of pollutant concentrations,
duration of exposure and method of measurement.

AIR QUALITY STANDARD: An air quality level as established by Regulations in terms of a limit on contaminant
levels in the atmosphere. Such standards shall be consistent with the air quality criteria.

AIR STAGNATION: A weather situation characterized by limited horizontal and vertical mixing.

AIR STAGNATION ADVISORY: The National Weather Service method of advising of the existence of air
stagnation over a discrete area.

ALLOWABLE EMISSIONS: See Regulation 25, Section 1.9.

ALTERATION: See "Modification".

ALTERNATIVE METHOD: Any method of sampling and analyzing for an air pollutant which is not a reference
method or an equivalent method but which has been demonstrated to the Secretary's satisfaction to produce in
specific cases, results adequate for his determination of compliance.

AMBIENT AIR: Atmosphere.

ASBESTOS: Actimolite, Amosite, Anthophyllite, Chrysotile, Crocidolite, Tremolite.

ASBESTOS CONTAINING WASTE MATERIAL: Any waste which contains commercial asbestos and is
generated by a source subject to the provisions of Regulation 21, including asbestos mill tailings, control device
asbestos waste, friable asbestos waste material, and bags or containers that previously contained commercial
asbestos.

ASBESTOS MATERIAL: Asbestos or any material containing asbestos.

ASBESTOS MILL: Any facility engaged in the conversion or any intermediate step in the conversion of asbestos
ore into commercial asbestos. Outside storage of asbestos material is not considered a part of such facility.

ASBESTOS TAILINGS: Any solid waste product of asbestos mining or milling operations which contain asbestos.

ASPHALT: A dark brown to black cementitious material (solid, semisolid, or liquid in consistency) in which
predominating constitutents are bitumens which occur in nature as such or which are obtained as residue in refining
petroleum.

ASPHALT CONCRETE PLANT: Any combination of the following: dryers, systems for screening, handling,
storing, and weighing hot aggregate; systems for loading, transferring, and storing mineral filler; systems for mixing
asphalt concrete; and the loading transfer, and storage systems associated with emission control systems.

ATMOSPHERE: The air that envelops or surrounds the earth and includes all spaces outside of buildings, stack or
exterior ducts.

AUTOMOBILE: All passenger cars or passenger car derivatives capable of seating 12 or fewer passengers.

AUXILIARY BURNER: Equipment to supply additional heat, by the combustion of auxiliary fuel, for the purpose
of obtaining temperatures sufficiently high (a) to dry and ignite waste material, (b) to maintain ignition thereof, and
(c) to promote complete combustion of combustible solids, liquids, and gasses.

AUXILIARY HEAT INPUT: The heat value of an auxiliary fuel provided to promote complete combustion.

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BACKGROUND CONCENTRATION: The concentration of an air contaminant which is due to natural sources.

BERYLLIUM: The element beryllium. Where weight or concentrations are specified, such weights or
concentrations apply to beryllium only, excluding the weight or concentration of any associated elements.

BERYLLIUM ALLOY: Any metal to which beryllium has been added in order to increase its beryllium content and
which contains more that 0.1% beryllium by weight.

BERYLLIUM-CONTAINING WASTE: Material contaminated with beryllium and/or beryllium compounds used
or generated during any process or operation performed by a source.

BERYLLIUM ORE: Any naturally occurring material mined or gathered for its beryllium content.

BEST AVAILABLE CONTROL TECHNOLOGY: See Regulation 25, Section 1.9.

BOILER LANCING: The operation of removing soot, slag, and/or fly ash from the walls of the firebox, generating
tubes, and other parts of fuel burning equipment.

BOTTOM FILLING: The filling of a tank truck or stationary storage tank through an opening that is flush with the
tank bottom.

BRITISH THERMAL UNIT: The quantity of heat required to raise the temperature of one pound of water one
degree Fahrenheit at or near its point of maximum density (39.1oF), usually abbreviated BTU.

BULK GASOLINE PLANT: A gasoline storage and distribution facility with an average daily throughput equal to
or less than 76,000 liters (20,000 gallons) which receives gasoline from bulk terminals by trailer transport, stores it in
tanks, and subsequently dispenses it via account trucks to local farms, businesses, and service stations.

BULK GASOLINE TERMINAL: A gasoline storage facility which receives gasoline from its supply source
primarily by pipeline, ship, or barge, and delivers gasoline to bulk gasoline plants or to commercial or retail accounts
primarily by tank truck; and has an average daily throughput of more than 76,000 liters (20,000 gallons) of gasoline.

CAPITAL EXPENDITURE: An expenditure for a physical or operational change to an existing facility which
exceeds the product of the applicable "annual assets guideline repair allowance percentage" specified in the latest
edition of Internal Revenue Service Publication 534 and the existing facility basis, as defined by Section 1012 of the
Internal Revenue Code. However, the total expenditure for a physical or operational change to an existing facility
must not be reduced by any "excluded additions" as defined in Internal Revenue Service Publication 534, as would
be done for tax purposes.

CAPACITY FACTOR: Means the ratio of the average load on a machine or equipment for the period of time
considered to be the capacity rating of the machine.

CELL ROOM: A structure(s) housing one or more mercury electrolytic chlor-alkali cells.

CERAMIC PLANT: A manufacturing plant producing ceramic items.

CEREMONIAL FIRES: Bonfires used for ceremonies sponsored by educational, cultural, or religious institutions.

CLEAR COAT: A clear coating means a coating which lacks color and opacity or is transparent and uses the
undercoat as a reflectant base or undertone color.

COAL REFUSE: Waste-product of coal mining, cleaning, and coal preparation operation (e.g. culm, gob, etc.)
containing coal, matrix material, clay, and other organic and inorganic material.

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COATING LINE: One or more apparatus or operations which include a coating applicator, flash-off area, and oven
wherein a surface coating is applied, dried, and/or cured.

COATING OR PRINTING: Coating is the application of a uniform layer of material across the entire width of a
web. Printing is the formation of words, designs, and pictures, usually by a series of application rolls each with only
partial coverage.

COIL COATING: The coating of any flat metal sheet or strips that comes in rolls or coils.
COLD CLEANING: The batch process of cleaning and removing soils from metal surfaces by spraying, brushing,
flushing or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this
definition.

COMBUSTION CONTAMINANT: Any air contaminant discharged into the atmosphere by reason of a combustion
operation.

COMBUSTION OPERATION: Any operation which causes or results in the burning of any type of material.

COMFORT HEATING EQUIPMENT: Fuel burning equipment designed to heat the interior of a building or
dwelling for the sole purpose of providing comfort for the inhabitants of the structure.

COMFORT VENTILATING EQUIPMENT: Equipment producing an emission into the open air resulting from the
cooling of the interior of a building or dwelling for the sole purpose of providing comfort for the inhabitants of the
structure.

COMMENCE: To undertake a continuous program of construction or modification or to enter into a contractual


obligation to undertake and complete, within a reasonable time, a continuous program of construction or
modification.

COMMERCIAL ASBESTOS: Any variety of asbestos which is produced by extracting asbestos from asbestos ore.

COMPLIANCE SCHEDULE: The date or dates by which a source or category of sources is required to comply with
standards of these regulations and with any steps toward such compliance.

COMPONENT: Any piece of equipment which has the potential to leak volatile organic compounds when tested in
the manner described in Regulation 24, Section 14.4. These sources include, but are not limited to pumping seals,
compressor seals, seal oil degassing vents, pipeline valves, flanges and other connections, pressure relief devices,
process drains and open ended pipes. Excluded from these sources are valves which are not externally regulated.

CONDENSATE: Hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature
and/or pressure and remains liquid at standard conditions.

CONDENSER: Any heat transfer device used to liquefy vapors by removing their latent heats of vaporization. Such
devices include, but are not limited to, shell and tube, coil, surface, or contact condensers.

CONDENSER STACK GASES: As it applies to Regulation 21, condenser stack gases means the gaseous effluent
evolved from the stack of processes utilizing heat to extract mercury metal from mercury ore.

CONSERVATION PRACTICES: Land treatment techniques designed to conserve, enhance, and/or protect soil,
water, vegetation, and other natural resources.

CONSTRUCTION: Fabrication, erection, or installation of an applicable source or a stationary source.

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CONSTRUCTION, INSTALLATION, ALTERATION OR MODIFICATION PERMIT: Written notice that the
construction, installation or alteration of an air contaminant source or control device has been approved by the
Department.

CONTAINER: Any portable enclosure in which a material is stored, managed or transported.

CONTAMINATION: The degradation of naturally occurring water, air, or soil quality either directly or indirectly as
a result of the transfer of diseased organisms, blood or other matter that may contain disease organisms from one
material or object to another.

CONTINUOUS MONITORING SYSTEM: The total equipment, required under the emission monitoring section in
applicable subsections used to sample and condition (if applicable), to analyze, and to prove a permanent record of
emissions or process parameters.

CONTROL DEVICE ASBESTOS WASTE: Any asbestos-containing waste material that is collected in a control
device.

CONVEYORIZED DEGREASER: Any continuous system which transports metallic objects through a bath
containing organic solvent for the purpose of cleaning or degreasing.

CRUDE OIL: A naturally occurring mixture which consists of hydrocarbons and/or sulfur, nitrogen and/or oxygen
derivatives of hydrocarbons and which is a liquid at standard conditions.

CUSTODY TRANSFER: The transfer of produced petroleum and/or condensate, after processing and/or treating in
the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of
transportation.

CUTBACK ASPHALT: Asphalt cement which has been liquefied by blending with petroleum solvents. (diluents).
Upon exposure to atmospheric conditions the diluents evaporate, leaving the asphalt cement to perform its function.

DAY: 24 consecutive hours.

DELIVERY VESSEL: Tank trucks or trailers equipped with a storage tank and used for the transport of gasoline
from sources of supply to stationary storage tanks.

DEMOLITION: As it applies to Regulation 21, demolition means the wrecking or taking out of any load-supporting
structural member and any related removing or stripping of friable asbestos materials.

DENUDER: A horizontal or vertical container which is part of a mercury chlor-alkali cell and in which water and
alkali metal amalgam are converted to alkali metal hydroxide, mercury, and hydrogen gas in a short-circuited,
electrolytic reaction.

DEPARTMENT: The Department of Natural Resources and Environmental Control as defined in Title 29, Delaware
Code, Chapter 80, as amended.

DESULFURIZED FUEL GAS: A fuel gas with the sulfur content reduced to less than ten (10) grains of H2S per one
hundred (100) standard cubic feet of fuel gas.

DIFFICULT-TO-MONITOR VALVES: Any valve which cannot be monitored without elevating the monitoring
personnel more than 2 meters above a support surface.

DISTILLATE FUEL OIL: Any liquid fuel derived directly or indirectly as the distilled product of crude petroleum,
and having a maximum Saybolt Universal viscosity of forty (40) seconds at one hundred (100) degrees Fahrenheit.

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DIVISION: The Division of Air and Waste Management.

DRILLING AND PRODUCTION FACILITY: All drilling and servicing equipment wells flow lines separators,
equipment, gathering lines and auxiliary non- transportation-related equipment used in the production of petroleum
but does not include natural gasoline plants.

DRY CLEANING FACILITY: A facility engaged in the cleaning of fabrics in an essentially nonaqueous solvent by
means of one or more washes in solvent, extraction of excess solvent by spinning, and drying by tumbling in an air
stream. The facility includes but is not limited to any washer, dryer or filter and purification systems, waste disposal
systems, holding tanks, pumps and attendant piping and valves.

EFFECTIVE STACK HEIGHT: The sum of the stack height and the rise of the stack gases above the stack due to
the exit velocity and the temperature of the gases.

EMERGENCY RENOVATION: As it applies to Regulation 21, emergency renovation means a renovation


operation that results from a sudden, unexpected event, and is not a planned renovation. Operations necessitated by
non- routine failure of equipment are included.

EMISSION: The release or discharge, whether directly or indirectly, of any air pollutant into the ambient air from
any source.

EMISSION STANDARD: Means a regulation (or portion thereof) setting forth an allowable rate of emissions, level
of opacity, or prescribing equipment or fuel specifications that result in control of air contaminant emissions.

EMULSIFIED ASPHALT: An emulsion of asphalt cement and water which contains a small amount of an
emulsifying agent.

END BOX: A container(s) located on one or both ends of a mercury chlor-alkali electrolyzer which serves as a
connection between the electrolyzer and denuder for rich and stripped amalgam.

END BOX VENTILATION SYSTEM: A ventilation system which collects mercury emissions from the end boxes,
the mercury pump sumps, and their water collection systems.

ENGINEERING GUIDE: A statement of guidelines, engineering factors to be considered, standards established, or


general procedures to be followed in meeting the requirements of various regulations adopted by the Department.

EQUIPMENT SHUTDOWN: The process of taking a unit of equipment off-line from an operative condition to an
inoperative condition. (Applicable to Regulation 20 and 21).

EQUIPMENT SHUTDOWN: The process of taking a unit of equipment off-line from an operative condition such
that normal production rates are not being achieved.

EQUIPMENT START-UP: The process of bringing a unit of equipment on-line from an inoperative condition such
that normal production rates are being achieved.

EQUIVALENT METHOD: Any method of sampling and analyzing for an air pollutant which has been
demonstrated to the Secretary's satisfaction to have a consistent and quantitatively known relationship to the
referenced method under specified conditions.

ETIOLOGIC AGENTS: Organisms defined to be etiologic agents (causative agent of a disease(s)) in Title 49 of the
U.S. Code of Federal Regulations at 173.386 (October 1, 1987 Edition).

EXCESS EMISSIONS: Means emissions of an air contaminant in excess of an emission standard.

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EXISTING INSTALLATION, EQUIPMENT, SOURCE OR OPERATION: Any air contaminant source the
construction or modification of which was commenced before the date of adoption of any applicable regulation or
standard. As this definition applies to Regulation No. 20 New Source Performance Standards, it means any air
contaminant source the construction or modification of which was commenced before August 17, 1971. As this
definition applies to Regulation No. 21. Emission Standards for Hazardous Air Pollutants, it means any air
contaminant source the construction or modification of which was commenced before March 31, 1971.

EXTRACTION PLANT: As it applies to Regulation 21, extraction plant means a facility chemically processing
beryllium ore to beryllium metal, alloy, or oxide, or performing any of the intermediate steps in these processes.

FABRICATING: As it applies to Regulation 21, fabricating means any processing of a manufactured product
containing commercial asbestos, with the exception of processing at temporary sites for the construction or
restoration of buildings, structures, facilities, or installations.
FABRIC COATING: The coating of a textile substrate with a knife, roll or rotogravure coater to impart properties
that are not initially present, such as strength, stability, water or acid repellency, or appearance.

FINAL REPAIR COATING: The final surface coatings applied to correct topcoat imperfections.

FIREBOX: The chamber or compartment of a boiler or furnace in which materials are burned but does not mean the
combustion chamber of an incinerator.

FLARE: An engineered device designed to burn waste gases from process operation or relief valves.

FLOATING ROOF: A storage vessel cover consisting of a double deck, pontoon single deck, internal floating cover
or covered floating roof, which rests upon and is supported by the petroleum liquid being contained, and is equipped
with a closure seal or seals to close the space between the roof edge and tank wall.

FLUE: See "STACK".

FLUE GAS: Products of combustion which are transported through a flue.

FLY ASH: Any particles of gas-borne solid matter resulting from the combustion of any solid fuel but excluding
process emissions.

FOREBAYS: The primary sections of a wastewater separator.

FOSSIL FUEL: Natural gas, petroleum, coal and any form of solid, liquid, or gaseous fuel derived from such
materials for the purpose of creating useful heat.

FOUNDRY: As it applies to Regulation 21, foundry means a facility engaged in the melting or casting of beryllium
metal or alloy.

FREEBOARD HEIGHT: For a vapor degreaser, the distance from the solvent vapor level in the tank to the lip of the
degreaser tank. For a cold cleaner, the distance from the liquid solvent level in the degreaser tank to the lip of the
tank.

FREEBOARD RATIO: The freeboard height divided by the width of the degreaser.

FRIABLE ASBESTOS MATERIAL: Any material that contains more than 1% asbestos by weight and that can be
crumbled, pulverized, or reduced to powder, when dry, by hand pressure.

FUEL: Any combustible matter including, but not limited to coal, gas, oil, and refuse.

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FUEL BURNING EQUIPMENT: Each unit, or any combination of units discharging to a common stack used for
the burning of fuel or other combustible material for the primary purpose of utilizing the thermal energy released.

GARBAGE: Animal or vegetable waste matter originating in houses, kitchens, restaurants, hotels, produce markets
or similar installations.

GAS SERVICE: Equipment which processes, transfers or contains one or more volatile organic compounds in the
gaseous phase.

GASOLINE: Any petroleum distillate having a Reid vapor pressure of 27.6 kPa (4 pounds per square inch) or
greater and used as automotive fuel.

GASOLINE DISPENSING FACILITY: Any site where gasoline is dispensed to motor vehicle gasoline tanks from
stationary storage vessels.

GOOD ENGINEERING PRACTICE STACK HEIGHT: See Regulation No. 27.

HAZARDOUS PARTICULATE MATTER: Particulate matter which poses special health hazards due to chemical
or biological reactivity or particle size.

HEAT INPUT: The potential thermal energy resulting from the complete combustion of any fuel.

HOT WELL: The reservoir of a condensing unit receiving the warm condensate from the condenser.

HOURLY PERIOD: See One Hour Period.

HYDROCARBON: Any organic compound consisting predominantly of carbon and hydrogen.

HYDROGEN GAS STREAM: As it applies to Regulation 21, hydrogen gas stream means a hydrogen stream
formed in the chlor-alkali cell denuder.

INACTIVE SECTION OF DISPOSAL SITE: Any disposal site or portion thereof where additional asbestos waste
material will not be deposited and where the surface is not disturbed by vehicular traffic.

INCINERATION: The process of igniting and burning solid, semi-solid, liquid, or gaseous combustible waste to
their products of combustion.

INCINERATOR: Any enclosure device used to destroy waste material by using controlled flame combustion.

INDIRECT HEAT EXCHANGE: Transfer of thermal energy in such a manner that the material being heated is not
contacted by and adds no substance to the products of combustion.

INDUSTRIAL WASTE: Any waste produced by a manufacturing process.

INFECTIOUS WASTE: Those solid wastes which may cause human disease and may reasonably be suspected of
harboring human pathogenic organisms, or may pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed of or otherwise managed. Types of solid wastes
designated as infectious include but are not necessarily limited to the following:

1. Biological wastes:

a. Biological liquid wastes means blood and blood products, excretions, exudates, secretions,
suctionings
and other body fluids including liquid wastes from renal dialysis.

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b. Pathological wastes means all human tissues and anatomical remains, including human fetal remains
which emanate from surgery, obstetrical procedures, autopsy and laboratory procedures.

c. Cultures and stocks of etiologic agents and associated biologicals wastes means, but is not limited to,
specimen cultures, cultures and stocks of etiologic agents, and wastes from production of biologicals
and serums.

d. Laboratory wastes means those wastes which have come in contact with pathogenic organisms or
blood or body fluids. Such wastes include, but are not limited to, disposable materials; culture
dishes; devices used to transfer, inoculate and mix cultures; paper and cloth which has come in
contact with specimens or cultures which have not been sterilized or rendered noninfectious; or
laboratory wastes, including cultures of etiologic agents, which pose a substantial threat to health
due to their volume and virulence.

e. Animal tissue, bedding and other waste from animals known or suspected to be infected with a
pathogen which also causes human disease, provided that prevailing evidence indicates that such
tissue, bedding or other waste may act as a vehicle of transmission to humans.

f. Human dialysis waste materials including blood lines and dialysate membranes.

2. Sharps means any discarded article that may cause puncture or cuts. Such wastes include but are not limited
to, needles, intravenous (IV) tubing with needles attached, scalpel blades, glassware, and syringes that have
been removed from their original sterile containers.

3. Discarded Biologicals means serums and vaccines produced by pharmaceutical companies for human or
veterinary use. These products may be discarded because of a bad manufacturing lot (i.e., off-specification
material that does not pass quality control or that is recalled), out-dating or removal of the product from the
market or other reasons. Because of the possible presence of etiologic agents in these products, the
discarded material constitutes infectious waste.

4. Other infectious wastes means any residue or contaminated soil, water, or other debris resulting from the
cleanup of a spill of any infectious waste.

ISOKINETIC SAMPLING: Sampling in which the linear velocity of the gas entering the sampling nozzle is equal to
that of the undisturbed gas stream at the sample point.

LARGE APPLIANCES: Doors, cases, lids, panels and interior support parts of residential and commercial washers,
dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners and other similar
products.

LARGE INCINERATOR: An incinerator which has a capacity of greater than 1000 pounds per hour.

LIGHT DUTY TRUCK: Any motor vehicle rated at 3864 kilograms (8500 pounds) gross weight or less which is
designed primarily for the purpose of transportation or are derivatives of such vehicles.

LINEAR EXTRAPOLATION: A technique for determining an unknown value lying numerically outside the range
of a series of values which is in direct linear proportion to another series of known values by comparing the two
series, utilizing the following equation;
x-a3 b1-b3
-------- = ---------
a2-a3 b2-b3

where:

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x = The unknown value;
a2 = Any known value in the series containing the unknown
value;
a3 = Any known value, other than a2, in the series
containing the unknown value;
b1 = The value in the series of known values corresponding
to x;
b2 = The value in the series of known values corresponding
to a2;
b3 = The value in the series of known values corresponding
to a3.

LINEAR INTERPOLATION: A technique for determining an unknown value lying numerically inside the range of
a series of values which is in direct linear proportion to another series of known values by comparing the two series,
utilizing the equation set forth under the definition of Linear Extrapolation of this Regulation.

LIQUID SERVICE: Equipment which processes, transfers or contains one or more volatile organic compounds as a
liquid having a Reid vapor pressure greater than 0.1 psia.

LOWEST ACHIEVABLE EMISSION RATE (LAER): The rate of emissions based on the following, whichever is
more stringent.

1. The most stringent emission limitation which is contained in the implementation plan of any State for such
class or category of source, unless the owner or operator of the proposed source demonstrates that such
limitations are not achievable; or

2. The most stringent emission limitation which is achieved in practice by such class or category of source.

This term, applied to a modification, means the lowest achievable emission rate for the new or modified
facilities within the source. In no event shall the application of this term permit a proposed new or modified
facility to emit any pollutant in excess of the amount allowable under new source standards of performance.

MACHINE SHOP: A facility performing cutting, grinding, turning, honing, milling, deburring, lapping,
electrochemical machining, etching, or other similar operations.

MALFUNCTION: Any sudden and unavoidable failure of air pollution control equipment or of a process to operate
in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or
any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions.

MANUFACTURING As it applies to Regulation 21, manufacturing means the combining of commercial asbestos,
or in the case of woven friction products the combining of textiles containing commercial asbestos, with any other
material(s) including commercial asbestos, and the processing of this combination into a product.

MANUFACTURING PROCESS: Any process principally operated for the purpose of producing any durable or
consumable good or goods.

MASS EMISSION RATE: The weight of any air contaminant discharged per unit of time.

MATERIAL: Any gas, liquid, or solid or any combination thereof.

MERCURY: The element mercury, excluding any associated elements, and includes mercury in particulates, vapors,
aerosols, and compounds.

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MERCURY CHLOR-ALKALI CELL: A device which is basically composed of an electrolyzer section and a
denuder (decomposer) section and utilizes mercury to produce chlorine gas, hydrogen gas, and alkali metal
hydrozide.

MERCURY CHLOR-ALKALI ELECTROLYZER: An electrolytic device which is part of a mercury chlor-alkali


cell and utilizes a flowing mercury cathode to produce chlorine gas and alkali metal amalgam.

MERCURY ORE: A mineral mined specifically for its mercury content.

MERCURY ORE PROCESSING FACILITY: A facility processing mercury ore to obtain mercury.

METAL FURNITURE COATING: The surface coating of any furniture made of metal or any metal part which will
be assembled with other metal, wood, fabric, plastic or glass parts to form a furniture piece.

METROPOLITAN PHILADELPHIA INTERSTATE AIR QUALITY CONTROL REGION: A geographical region


composed of Burlington, Camden, Gloucester, Mercer, and Salem Counties in the State of New Jersey; Bucks,
Chester, Delaware, Montgomery, and Philadelphia Counties in the State of Pennsylvania; and New Castle County in
the State of Delaware.

MODIFICATION: Any physical change in, or change in the method of operation of, any air contaminant source
which results in an emission to the atmosphere of a new air contaminant or an increase in the emission rate to the
atmosphere of one or more existing air contaminants. Upon modification, an existing source shall become subject to
Regulation 20 only with respect to those pollutants which, after modification, are either newly emitted, or emitted at
an increased rate. Routine maintenance, repair and replacement shall not be considered a modification. Conversion
to coal required for energy considerations, as specified in Section 113 (d) (5) of the 1977 Clean Air Act, shall not be
considered a modification. The relocation of an existing facility shall be considered a modification whenever the
Department determines it necessary to maintain ambient air quality standards. Change in ownership of an existing
facility shall not be considered a modification. This definition shall not apply to Regulation 25.

MONITORING DEVICE: The total equipment, required under the monitoring of operations sections in applicable
sub-sections used to measure and record (if applicable) process parameters.

NATIONAL AMBIENT AIR QUALITY STANDARDS: Those primary and secondary ambient air quality
standards which are promulgated by the Administrator of the Federal Environmental Protection Agency.

NATIONAL WEATHER SERVICE: An agency of the United States Commerce Department charged with the
responsibility of providing weather information and service to the public and to commercial aviation.

NATURAL SOURCE: Any air contaminant source which is not man-made.

NEW INSTALLATION, EQUIPMENT, SOURCE, OPERATION: Any air contaminant source the construction or
modification of which is commenced after the date of adoption of any applicable regulation or standard. As this
definition applies to Regulation No. 20, New Source Performance Standards, it means any air contaminant source the
construction or modification of which was commenced after August 17, 1971. As this definition applies to
Regulation No. 21, Emission Standards for Hazardous Air Pollutants, it means any air contaminant source the
construction or modification of which was commenced after March 31, 1971. This definition shall not apply to
Regulation No. 25.

NITRIC ACID PRODUCTION UNIT: Any facility producing weak nitric acid by either the pressure or atmospheric
pressure process.

NITROGEN OXIDES: All oxides of nitrogen measured by test methods set forth herein. (Applicable to Regulation
20).

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NITROGEN OXIDES: Nitric oxide (NO) or nitrogen dioxide (NO2) or any combination thereof.

NONINFECTIOUS: A state in which potentially harmful microorganisms are absent, free of pathogens.

ODOR: That property of an air contaminant that affects the sense of smell.

ONE HOUR PERIOD: Any consecutive 60 minute period.

OPACITY: That condition which renders material partially or wholly impervious to rays of light and causes a
degree of obstruction to an observer's view.

OPEN AIR: See "ATMOSPHERE".

OPEN BURNING: Any outdoor fire or outdoor smoke producing process from which the products of combustion
are emitted directly into the ambient air. This does not include incinerators, boilers, or heaters used in process
operations.

OPEN TOP VAPOR DEGREASER: The batch process of cleaning and removing soils from metal surfaces by
condensing hot solvent vapor on the colder metal parts.

OPERATING PERMIT: Written notice that the operation of any air contaminant source or control device has been
approved by the Department.

OUTSIDE AIR: See "ATMOSPHERE".

OWNER OR OPERATOR: See "PERSON".

PACKAGING ROTOGRAVURE PRINTING: Rotogravure printing upon paper, paper board, metal foil, plastic
film or other substrates, which are subsequently formed into containers and labels for articles to be sold.

PAINT APPLICATION TRANSFER EFFICIENCY: The percentage of coating solids which leave the coating
applicator and remain on the surface of the product.

PAPER COATING: Coatings applied to paper and pressure-sensitive tapes regardless of substrata. Related
webcoating processes on plastic films and decorative coatings on metal foil are included in this definition.

PARTICULATE ASBESTOS MATERIAL: Finely divided particles of asbestos material.

PARTICULATE MATTER: Material, other than uncombined water, which is suspended in or discharged into the
atmosphere as a liquid or solid.

PENETRATING PRIME COAT: An application of low viscosity liquid asphalt to an absorbent surface. It is used to
prepare an untreated base for an asphalt surface. The prime penetrates the base and plugs the voids, hardens the top,
and helps bind it to the overlying asphalt course. It also reduces the necessity of maintaining an untreated base
course prior to placing the asphalt pavement.

PERSON: Any individual, firm, association, organization, partnership, business trust, corporation, company,
contractor, supplier, installer, developer, user or owner or operator, or any Federal, State or Local governmental
agency or public district or any officer or employee thereof.

PETROLEUM: The crude oil removed from the earth and the oils derived from tar sands, shale, and coal.

PETROLEUM LIQUIDS: Petroleum, condensate, and any finished or intermediate products manufactured in a
petroleum refinery but does not mean Number 2 through Number 6 fuel oils as specified in ASTM-D-396-69, gas

13
turbine fuel oils Numbers 2-GT through 4-GT as specified in ASTM-D-2880-71, or diesel fuel oils Numbers 2-D and
4-D as specified in ASTM-D-975-68.

PETROLEUM REFINERY: Any facility engaged in producing gasoline, aromatics, kerosene, distillate fuel oils,
residual fuel oils, lubricants, asphalt or other products through distillation of petroleum or through redistillation,
cracking rearrangement or reforming of unfinished petroleum derivations.

PLANNED RENOVATION: As it applies to Regulation 21, planned renovation means a renovation operation, or a
number of such operations, in which the amount of friable asbestos material that will be removed or stripped within a
given period of time can be predicted. Operations that are individually non-scheduled are included, provided a
number of such operations can be predicted to occur during a given period of time based on operating experience.

PM2.5: Particulate matter with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers, as
determined by the appropriate reference methods.

PM10: Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers, as
determined by appropriate reference methods.

POTENTIAL TO EMIT: See Regulation 25, Section 1.9.

POTHOLE: A hole or pit in a road surface generally caused by successive freezing and thawing temperature of the
road surface aggravated by vehicular traffic.
PRESCRIBED BURNING: Open burning under such conditions that the fire is confined to a predetermined area.

PRILLING OPERATION: Any solidification process which employs the mechanism of molten droplets in free fall
through a heat exchange medium.

PRIMARY AMBIENT AIR QUALITY STANDARDS: Those ambient air quality standards which, in the judgment
of the Department, are requisite to protect the public health and allow an adequate margin of safety.

PRIME COAT: The first film of coating applied in a surface-coating operation.

PRINTING OR COATING: See COATING OR PRINTING

PRIVATE DWELLING: A domestic residence housing no more than three (3) families and where no commercial or
industrial activity is carried on.

PROCESS EMISSION: Discharge into the atmosphere of air contaminants resulting from a specific process or
combination of processes.

PROCESS OPERATION: Any chemical, industrial, or manufacturing operation including, but not limited to, heat
transfer, fluid flow, evaporation, humidification, absorption, extraction, distillation, drying, mixing, classification,
sedimentation, decantation, filtration, crystallization, centrifugation, disintegration and material handling.

PROCESS WEIGHT RATE: A rate established as follows:

(a) For continuous or long-run steady-state source operations, the total process weight for the entire period of
continuous operation or for a typical portion thereof, divided by the number of hours of such period or
portion thereof.
(b) For cyclical or batch unit operations or unit processes, the total process weight for a period that covers a
complete operation or an integral number of cycles, divided by the hours of actual process operation during
such a period.

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Where the nature of any process or operation or the design of any equipment is such as to permit more than
one interpretation of this definition, the interpretation that results in the minimum value for allowable
emission shall apply.

PROFESSIONAL ENGINEER: A person licensed to practice professional engineering in the State of Delaware or
otherwise eligible to practice engineering within the State as determined by the Delaware Association of Professional
Engineers.

PROPORTIONAL SAMPLING: Sampling at a rate that produces a constant ratio of sampling rate to stack gas flow
rate.

PUBLICATION ROTOGRAVURE PRINTING: Rotogravure printing upon paper which is subsequently formed
into books, magazines, catalogues, brochures, directories, newspaper supplements and other types of printed
materials.

RECONSTRUCTION: The replacement of components for an existing facility to such an extent that:

(1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be
required to construct a comparable entirely new facility, and

(2) It is technologically and economically feasible to meet the applicable standards set forth in this part.

RECREATIONAL PURPOSES: Any purpose which, in the judgment of the Department, fulfills a physical or social
need, including, but not limited to, camping, ceremonies, and religious rites.

REFERENCE METHOD: Any method specified in Regulation 20 for sampling and analyzing for an air pollutant.

REFINERY FUEL GAS: Any gas which is generated by a petroleum refinery process unit and which is combusted,
including any gaseous mixture of natural gas and fuel gas.

REFINERY UNIT: A set of components which are a part of a basic process operation, such as distillation
hydrotreating, cracking or reforming of hydrocarbons.

REFUSE: Garbage, rubbish, or trade waste.

REID VAPOR PRESSURE: The absolute pressure of a petroleum liquid product at 100 degrees Fahrenheit (37.8
degrees Centigrade) as measured by the standard test method set forth in 54 FR pp.11868-11911.

REMOVING: As it applies to Regulation 21, removing means taking out friable asbestos materials used to insulate
or fireproof any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member from any building, structure,
facility or installation.

RENOVATION: As it applies to Regulation 21, the removing or stripping of friable asbestos material used to
insulate or fireproof any boiler, tank, reactor, pipe, duct, turbine, furnace, or structural member. Operations in which
load supporting structural members are wrecked or taken out are excluded.

RINGLEMANN SMOKE CHART: The chart published and described in the U.S. Bureau of Mines Information
Circular 8333, or any chart, recorder, indicator, or device for the measurement of smoke density which is approved
by the Department as the equivalent of said Ringlemann Scale.

ROADWAYS: Surfaces on which motor vehicles travel including, but not limited to, highways, roads, streets,
parking areas, and driveways.

ROLL COATING: The application of a coating material to a substrate by means of hard rubber or steel rolls.

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RUBBISH: Waste solids or liquids including but not necessarily limited to, rags, clothes, leather, rubber, carpets,
excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry, tires, or waste oil.

RUN: The net period during which an emission sample is collected. Unless otherwise specified, a run may be either
intermittent or continuous within the limits of good engineering practice.

SALVAGE OPERATION: Any business, trade or industry engaged entirely or partially in salvaging or reclaiming
any product or material, including, but not necessarily limited to metal, chemicals, motor vehicles, shipping
containers or drums.

SANITARY LANDFILL: A method of disposing of refuse on land without creating nuisances or hazards to public
health or safety by utilizing engineering principles to confine the refuse to the smallest practical area, to reduce it to
the smallest volume, and to cover it with a layer of earth frequently as may be required by the permit.

SCRUBBER: A gas washer or auxiliary equipment designed to remove contaminants in wet form from products of
combustion or from process emissions.

SECONDARY AMBIENT AIR QUALITY STANDARDS: Those ambient air quality standards which, in the
judgment of the Department, are requisite to protect the public welfare from any known or anticipated adverse effects
associated with the presence of air contaminants in the ambient air.

SECONDARY METAL OPERATION: Operations involving or related to the refining of metal when such
operations use a raw material other than the metal ore.

SECRETARY: The Secretary of the Department of Natural Resources and Environmental Control.

SETTLEABLE PARTICULATES: Particulate matter present in air or other gases which tend to settle out rather
than remaining suspended.

SILVICULTURE: The care and cultivation of forest trees.

SIX-MINUTE PERIOD: Any one of the 10 equal parts of a one-hour period.

SLUDGE: As it applies to Regulation 21, sludge means sludge produced by a treatment plant that processes
municipal or industrial waste waters.

SLUDGE DRYER: As it applies to Regulation 21, sludge dryer means a device used to reduce the moisture content
of sludge by heating to temperatures about 65oC (ca. 150oF) directly with combustion gases.

SMALL INCINERATOR: An incinerator which has a capacity equal to or less than 1000 pounds per hour.

SMOKE: Small gas-borne particles resulting from incomplete combustion, consisting predominantly of carbon and
other combustible material.

SMOKE DETECTOR: A device using a light source and light detector which can automatically measure and record
the light obscuring power of smoke at a specific location in the flue or stack.

SOLID FUEL: A fuel which is fired as a solid, such as anthracite or semi- anthracite, bituminous or sub-bituminous
coal, lignite, coke, wood, or any solid by-product of a manufacturing process that may be substituted for any of the
above specifically mentioned fuels.

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SOLID WASTE: Refuse, more than 50 percent of which is municipal type waste consisting of a mixture of paper,
wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles and noncombustible materials such
as glass and rock.

SOLVENT: Organic materials which are liquid at standard conditions and which are used as dissolvers, viscosity
reducers, or cleaning agents.

SOLVENT METAL CLEANING: The process of cleaning soils from metal surfaces by cold cleaning or open top
vapor degreasing or conveyorized degreasing.

SOOT BLOWING: The operation of removing soot, slag and/or fly ash from the firebox walls or the tubes of fuel
burning equipment by the use of compressed air, steam or water.

SPLASH FILLING: The filling of a tank truck or stationary storage tank through a pipe or hose whose discharge
opening is above the surface level of the liquid in the tank being filled.

STACK: A flue, chimney, conduit or other device constructed for the purpose of discharging air contaminants into
the atmosphere.

STACK HEIGHT: The vertical distance measured in feet between the point of discharge from a stack into the
atmosphere and the land thereunder.

STANDARD: A standard of performance specified in Regulation 20.

STANDARD CONDITIONS: A gas temperature of 21oC (70oF) and a gas pressure of one atmosphere (14.7 pounds
per square inch absolute).

STATIONARY SOURCE: Any fixed building, structure, facility, installation, equipment or any motor vehicle,
waterborne craft, aircraft or diesel locomotive deposited, parked, moored, or otherwise remaining temporarily in
place, which emits or may emit any air contaminant.

STORAGE VESSEL: Any tank, reservoir, or container used for the storage of petroleum liquids, but does not
include the following:

1. Pressure vessels which are designated to operate in excess of 15 pounds per square inch gauge without
emissions to the atmosphere except under emergency conditions.

2. Subsurface caverns or porous rock reservoirs.

3. Underground tanks if the total volume of petroleum liquids added to and taken from a tank annually does
not exceed twice the volume of the tank.

STRIPPING: As applies to Regulation 21, stripping means taking off friable asbestos material used for insulation or
fire-proofing from any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member.

SUBMERGED FILLING: Filling of a tank truck or stationary tank through a pipe or hose whose discharge opening
is entirely submerged when the liquid level is six inches above the bottom of the tank.

SULFURIC ACID PLANT: Means any facility producing sulfuric acid by the contact process of burning elemental
sulfur, alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or acid sludge, but does not include
facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere
of sulfur dioxide or other sulfur compounds.

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SULFUR RECOVERY OPERATION: Any operation designed for the recovery of elemental sulfur, including any
upstream part of the operation designed to separate hydrogen sulfide from refinery gases or water.

SURFACER COATING: The surfacer coatings applied over the primer and beneath the topcoat.

SUSPENDED PARTICULATES: Particulate matter which remains suspended in ambient air.

TAIL GASES: Gases and vapors released into the atmosphere from an industrial process after all reaction and
treatment has taken place.

TOPCOAT: The surface coatings applied for the purpose of establishing the color and/or protective surface,
including groundcoat and paint sealer materials.

TRADE WASTE: Any solid, liquid, or gaseous waste material or rubbish resulting from construction, land clearing
for construction or development, building operations, or the prosecution of any business, trade, or industry including,
but not necessarily limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals or
cinders.

TRUE VAPOR PRESSURE: The equilibrium partial pressure exerted by petroleum liquid as determined in
accordance with methods described in American Petroleum Institute Bulletin 2517, Evaporation Loss from Floating
Roof Tanks, 1962.

TURNAROUND: The procedure of shutting a refinery unit down after a run to do necessary maintenance and repair
work and putting the unit back on stream.

UNSAFE-TO-MONITOR VALVE: Any valve which the facility operator has demonstrated cannot be monitored
without exposing monitoring personnel to an immediate danger.

VACUUM PRODUCING SYSTEM: Any reciprocating, rotary, or centrifugal blower or compressor, or any jet
ejector or device that takes suction from a pressure below atmospheric and discharges against atmospheric pressure.

VALVES NOT EXTERNALLY REGULATED: Valves that have no external controls, such as in-line check valves.

VAPOR BALANCE SYSTEM: A combination of pipes or hoses which create a closed system between the vapor
spaces of an unloading tank and a receiving tank such that vapors displaced from the receiving tank are transferred to
the tank being unloaded.

VAPOR-LADEN DELIVERY VESSEL: Any delivery vessel containing any organic vapors displaced from a
stationary vessel during loading of such vessel.
VAPOR-LADEN STATIONARY VESSEL: Any stationary vessel containing any organic vapors displaced from
delivery vessel during loading of such vessel.

VAPOR RECOVERY SYSTEM: A vapor gathering system capable of collecting all hydrocarbon vapors and gases
discharged from the storage vessel and a vapor disposal system capable of processing such hydrocarbon vapors and
gases so as to prevent their emission to the atmosphere (Applicable to Regulation 20).

VAPOR RECOVERY SYSTEM: A system that prevents release to the atmosphere of no less than 90 percent by
weight of organic compounds emitted during the operation of any transfer, storage, or process equipment (Applicable
to Regulation 24).

VAPOR-TIGHT: Capable of holding an initial positive pressure of 18 inches of water column and a vacuum
pressure of 6 inches of water column without a pressure change of more than 3 inches of water column in 5 minutes.

VENTS: See "STACK".

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VINYL COATING: Applying a decorative or protective topcoat, or printing on vinyl coated fabric or vinyl sheets.

VISIBLE EMISSIONS: Any air contaminant.

VISIBILITY METER: Any device used for the purpose of measuring, recording, or indicating the reflectance of
opacity to light of an air contaminant stream.

VOLATILE ORGANIC COMPOUNDS: (Also denoted as VOCs) Any carbon-containing compound, excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which
participates in atmospheric photochemical reactions. This includes any such organic compound other than the
following, which have been determined to have negligible photochemical reactivity:

methane;
ethane;
methyl chloroform (1,1,1-trichloroethane);
CFC-113 (1,1,2-trichloro-1,2,2-trifluoromethane;
methylene chloride (dichloromethane);
CFC-11 (trichlorofluoromethane);
CFC-12 (dichlorodifluoromethane);
HCFC-22 (chlorodifluoromethane);
HFC-23 (trifluoromethane);
CFC-114 (1,2-dichloro-1,1,2,2-tetrafluoroethane);
CFC-115 (chloropentafluoroethane);
HCFC-123 (1,1,1-trifluoro-2,2-dichloroethane);
HFC-134a (1,1,1,2-tetrafluoroethane);
HCFC-141b (1,1-dichloro-1-fluoroethane);
HCFC-142b (1-chloro-1,1-difluoroethane);
HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane);
HFC-125 (pentafluoroethane);
HFC-134 (1,1,2,2-tetrafluoroethane);
HFC-143a (1,1,1-trifluoroethane);
HFC-152a (1,1-difluoroethane);
parachlorobenzotrifluoride (PCBTF);
cyclic, branched, or linear completely methylated siloxanes;
acetone;
perchloroethylene (tetrachloroethylene);
HCFC-225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane);
HCFC-225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropane);
HFC-43-10mee (1,1,1,2,3,4,4,5,5,5-decafluoropentane);
HFC-32 (difluoromethane);
HFC-161 (ethylfluoride);
HFC-236fa (1,1,1,3,3,3-hexafluoropropane);
HFC-245ca (1,1,2,2,3-pentafluoropropane);
HFC-245ea (1,1,2,3,3-pentafluoropropane);
HFC-245eb (1,1,1,2,3-pentafluoropropane);
HFC-245fa (1,1,1,3,3-pentafluoropropane);
HFC-236ea (1,1,1,2,3,3-hexafluoropropane);
HFC-365mfc (1,1,1,3,3-pentafluorobutane);
HCFC-31 (chlorofluoromethane);
HCFC-151a (1-chloro-1-fluoroethane);
HCFC-123a (1,2-dichloro-1,1,2-trifluorethane);
1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3);
2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3);

19
1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5);
2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5);
methyl acetate; and
perfluorocarbon compounds which fall into these classes:

(1) Cyclic, branched, or linear, completely fluorinated alkanes.


(2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturated bonds.
(3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturated bonds.
(4) Sulfur containing perfluorocarbons with no unsaturated bonds and with sulfur bonds only to carbon
and fluorine.

WASTE OIL: Used or spent oil or solvents or other volatile hydrocarbons, including but not limited to crankcase oil.

WASTEWATER SEPARATOR: Any device or piece of equipment which utilizes the difference in density between
oil and water to recover oil. It does not include any secondary separator located downstream from a primary
separator, nor any wastewater treatment units such as a flocculator, clarifier or aerator.

WEAK NITRIC ACID: Nitric acid which is 30 to 70 percent in strength.

20
Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 1 DEFINITIONS AND ADMINISTRATIVE PRINCIPLES

02/01/81
Section 3 - Administrative Principles

3.1 In certain Regulations, air quality standards will be established. These standards shall not be interpreted to
allow significant deterioration of existing air quality in any portion of the State; otherwise; they shall be
paramount in matters pertaining to the control of air pollution throughout the State.

3.2 In addition to or supplemental to these air quality standards, certain emission requirements will be specified.
Such emission requirements are selected as minimum controls necessary to ensure a reasonable quality of air
throughout the State. Where it is established that these emission requirements are inadequate to attain or
maintain the applicable air quality standard, the Department shall exercise its authority to require additional
control measures.

3.3 The Department intends to have Regulations adopted governing the control of air pollution as rapidly as
practicable. The lack of Regulation governing an air contaminant or combination of air contaminants will not
prevent the Department from taking any and all actions necessary to maintain a reasonable quality of air
throughout the State.
3.4 If any part of these Regulations, or the application of any part thereof, is held invalid or unconstitutional, the
application of such part to other persons or circumstances, and the remainder of these Regulations shall not be
affected thereby and shall be deemed valid and effective.

3.5 The Department may enter into agreement(s) on a regional basis for the purpose of attaining air quality goals.
Such interstate agreements shall facilitate the attainment and maintenance of air quality standards.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 1 DEFINITIONS AND ADMINISTRATIVE PRINCIPLES

02/01/81
Section 4 - Abbreviations

4.1 The abbreviations used in these regulations have the following meanings:

BTU - British Thermal Unit Hg - mercury


lb. - pound psia - pounds per square inch absolute
g. - grams min. - minute
lbs. - pounds CO2 - carbon dioxide
o
cal. - calorie C - degrees centigrade
dscm - dry standard cubic meter oF - degrees Fahrenheit
dscf - dry standard cubic feet oz. - ounces
m. - meter yd. - yard
ft. - feet ug. - microgram
hr. - hour ppm - parts per million
kg. - kilograms mg - milligram
mm - millimeters CAA - Clean Air Act as amended August 7, 1977

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Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution

REGULATION NO. 2- PERMITS

06/01/97
Section 1 - General Provisions

1.1 This regulation establishes the procedures that satisfy the requirement of 7 Del. C. Chapter 60 to report and
obtain approval of equipment which has the potential to discharge air contaminants into the atmosphere, and,
for construction or modification activities not subject to Regulation No. 25, the procedures that satisfy the
requirement of 40 CFR Part 51 Subpart I (July 7, 1994 edition) and Section 110 (a) (2) (C) of the federal
clean air act (CAA) as amended November 15, 1990.

1.2 This regulation establishes procedures that enable a person to, as an option, secure federally enforceable
terms and conditions in a permit issued pursuant to this regulation.

1.3 This regulation establishes procedures that enable a person subject to both this regulation and to Regulation
No. 30 to, as an option, transfer the terms and conditions of a construction permit issued pursuant to this
regulation into a Regulation No. 30 operating permit via the administrative permit amendment process
specified in Regulation No. 30.

1.4 Within sixty (60) calendar days of receipt of a written request by the Department, an owner or operator of an
existing facility, equipment, or air contaminant control device which emits or causes to be emitted any air
contaminant shall submit to the Department any relevant information that the Department may request.
Relevant information includes information that, in the Departments opinion, is relevant to any permit
application/registration or that is necessary to determine the applicability of or compliance with any State or
Federal requirement, any permit term or condition, or any condition of registration. Such information also
includes a permit application or a registration form, or a corrected or supplemented application/registration.
This provision does not limit the applicability of, nor does it sanction noncompliance with the requirements
of Section 2.1 of this regulation.

1.5 Any approval granted by the Department pursuant to this Regulation, and any exemption from the
requirements of this Regulation provided for in Section 2.2 shall not relieve an owner or operator of the
responsibility of complying with applicable local, State, and Federal laws and regulations.

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Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 2 - Applicability

2.1 Except as exempted in Section 2.2, no person shall initiate construction, install, alter or initiate operation of
any equipment or facility or air contaminant control device which will emit or prevent the emission of an air
contaminant prior to receiving approval of his application from the Department or, if eligible, prior to
submitting to the Department a completed registration form.

a. For equipment that meets all applicable emission rate(s) and/or standard(s) specified in Section 11.8
(a) and (b) without an air contaminant control device, and that meets the following conditions, the
person shall submit to the Department a registration form pursuant to Section 9 of this regulation.

i. For equipment without an air contaminant control device, the equipment has actual
emissions to the atmosphere of any air contaminant(s), in the aggregate, during any day that
are equal to or greater than 0.2 pound per day and, during each and every day, that are less
than ten (10) pounds per day; and

ii. For equipment with an air contaminant control device, the equipment has actual emissions to
the inlet of the air contaminant control device of any air contaminant(s), in the aggregate,
during any day that are equal to or greater than 0.2 pound per day and, during each and
every day, that are less than ten (10) pounds per day; and

iii. Regulation No. 25 does not apply.

b. For equipment, a facility or an air contaminant control device that is not subject to Section 2.1 (a)
and that is subject to a source category permit, the person shall submit to the Department an
application for a source category permit pursuant to Section 10 of this regulation. A list of
established source category permits is available from the Department.

c. For equipment, a facility or an air contaminant control device that is not subject to Section 2. (a) or
2.1 (b), the person shall submit to the Department an application for a permit pursuant to Section 11
of this regulation.

d. Any person who operates equipment, a facility or an air contaminant control device in accordance
with a valid permit issued pursuant to Section 2.1 (c) of this regulation, and who later becomes
subject to a source category permit:

i. May, at any time, submit to the Department an application for a source category permit
pursuant to Section 10 of this regulation; and

ii. Shall, within sixty (60) calendar days of receipt of written request from the Department,
submit to the Department an application for a source category permit pursuant to Section 10
of this regulation.

2.2 Provided that Regulation No. 25 does not apply, a permit for installation, alteration, or operation pursuant to
this regulation shall not be required for the following equipment or air contaminant control device. Note
however that other State and Federal requirements may apply.

a. Equipment without an air contaminant control device that has actual emissions to the atmosphere of
any air contaminant(s), in the aggregate, during each and every day that are less than 0.2 pound per
day, provided that:
23
i. The actual emissions are quantified and documented; and

ii. Records are maintained at the facility and are made available to the Department upon
request which document that the equipment qualifies for this exemption.

b. Equipment with an air contaminant control device that has actual emissions to the inlet of the air
contaminant control device of any air contaminant(s), in the aggregate, during each and every day
that are less than 0.2 pound per day, provided that:

i. The actual emissions are quantified and documented; and

ii. Records are maintained at the facility and are made available to the Department upon
request which document that the equipment qualifies for this exemption.

c. The equipment listed in Appendix A of this regulation.

d. For operation, any equipment or air contaminant control device that is specifically identified in an
operation permit issued pursuant to Regulation No. 30.

e. Equipment that is registered pursuant to Section 9 of this regulation.


2.3 Any person who operates fuel burning equipment which uses only natural gas, LP gas, or other desulfurized
fuel gas and has a rated heat input of less than 100 million BTUs per hour, or any other equipment, that was
exempted from the requirement to have a permit by Regulation No. 2, Section 3.1 (as in effect immediately
preceding the effective date of this regulation), or who operates a piece of equipment, a facility, or an air
contaminant control device in accordance with a valid permit or letter of exemption that was issued by the
Department prior to May 1, 1997, and who, with regard to that specific equipment, facility, or air
contaminant control device, is now subject to Section 2.1 of this regulation:

a. May, at any time, submit to the Department a registration form or a permit application pursuant to
Section 2.1; and

b. Shall, within sixty (60) calendar days of receipt of a written request from the Department, submit to
the Department a registration form or a permit application pursuant to Section 2.1; and

c. Shall not initiate construction, installation, or alteration of the equipment, facility or air contaminant
control device prior to complying with Section 2.1 of this regulation (i.e., prior to receiving approval
of his application from the Department or, if eligible, prior to submitting to the Department a
completed registration form).

2.4 Any person may petition the Department to establish a source category permit. The petition and, if
approved, the establishment of the source category permit shall be pursuant to the procedures in Regulation
No. 30 of the State of Delaware Regulations Governing the Control of Air Pollution.

24
Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 3 - Application/Registration Prepared by Interested Party

3.1 Any application/registration form submitted to the Department, or any request for the removal of any permit
or registration, shall be made by the owner or lessee of the equipment, facility, or air contaminant control
device or by his agent. If the applicant/registrant is a partnership or group other than a corporation, the
application/registration shall be made by one individual who is a member of the group. If the
applicant/registrant is a corporation, the application/registration shall be made by an appropriate
representative of the corporation. The application/registration form shall be filed with the Air Quality
Management Section of the Division of Air and Waste Management.

3.2 Each application form shall be signed by the applicant and certified by a professional engineer as to the
accuracy of the technical information concerning the equipment, apparatus or design features contained in
the application, plus plans and other papers submitted. Any applicant who fails to submit any relevant facts
or who submitted incorrect information to the Department shall, upon becoming aware of such failure or
incorrect submittal, promptly submit such supplementary facts or correct information. The signature of the
applicant shall constitute an agreement that the applicant will assume responsibility for the installation,
alteration or use of the equipment or apparatus concerned in accordance with the requirements of this
Regulation.

3.3 Each registration form shall be signed and certified by the registrant as to the accuracy of the technical
information concerning the equipment, apparatus or design features contained in the registration. Any
registrant who fails to submit any relevant facts or who submitted incorrect information to the Department
shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts
or correct information. The signature of the registrant shall constitute an agreement that the registrant will
assume responsibility for the installation, alteration or use of the equipment or apparatus concerned in
accordance with the requirements of this Regulation.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 4 - Cancellation of Construction Permits
4.1 The Department may cancel a construction permit if the installation or alteration is not begun or if the work
involved in installation or alteration is not completed within the time limits specified in the permit.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 5 - Action on Applications

5.1 If an application is disapproved, the Department shall set forth its objections in the notice of disapproval.

5.2 Upon granting written approval for operation, the Department shall give notice of such approval to any
person who has submitted a written request for such notice.

25
Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 6 - Denial, Suspension or Revocation of Operating Permits

6.1 In the event the Department denies a request for approval of a permit to operate any equipment, facility, or
device for which an application was made, the applicant shall not commence operation until such time that
approval has been obtained from the Department or a permit to operate has been issued by the Department.

6.2 The Department may suspend or revoke an operating permit for violation of any permit condition or
violation of this or any other applicable rule or regulation of the Department or any law administered by the
Department and may take such other actions as it deems necessary. Permit term(s) and condition(s) which
were not identified under Section 11.2 (i) and which were not subject to public participation under Section
12.3, and/or which do not otherwise conform to the requirements of this regulation, may be deemed not
federally enforceable by the Administrator of the EPA.

6.3 Suspension or revocation of an operating permit shall become final immediately upon service of notice on
the holder of the permit, unless otherwise stated in the notice of suspension or revocation.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 7 - Transfer of Permit/Registration Prohibited

7.1 No person shall transfer a permit from one location to another, or from one piece of equipment to another.
No person shall transfer a permit from one person to another person unless thirty (30) days written notice is
given to the Department, indicating the transfer is agreeable to both persons, and approval of such transfer is
obtained in writing from the Department.

7.2 No person shall transfer a registration from one location to another, or from one piece of equipment to
another. No person shall transfer a registration from one person to another person unless prior written notice
is given to the Department, indicating the transfer is agreeable to both persons.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 8 - Availability of Permit/Registration

8.1 Any permit and any registration form shall be available on the premises where the construction, alteration,
installation, or operation activity takes place.

26
Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 9 - Registration Submittal

9.1 Any person identified in Section 2.1 (a) shall register the piece of equipment with the Department on forms
furnished by the Department.

9.2 A person shall register with the Department by submitting to the Department a completed registration form
that is certified by the person identified in Section 3.1. Registration forms are available from the Department
upon request. The registration shall consist of at least the following:

a. A description of the equipment covered by the registration; and


b. A description of the nature and quantification of the amount of the emission from the equipment; and
c. A demonstration that the equipment meets the emission rate(s) and/or standard(s) specified in
Section 11.8 (a) and (b) of this regulation without an air contaminant control device.

9.3 Immediately after submitting to the Department the information specified in Section 9.2 of this regulation the
registrant may initiate construction, install, alter or initiate operation of the equipment.

a. The registrant shall maintain records at the facility which document that the equipment meets the
requirements of Section 2.1 (a), and shall make such records available to the Department upon
request.

b. If at any time the registered equipment does not meet the requirements of Section 2.1 (a), operation
of said equipment shall be immediately discontinued until all necessary permits have been secured.
c. If at any time the Department determines that the registered equipment does not meet the
requirements of Section 2.1 (a), a violation of this regulation may have occurred and enforcement
action may ensue.

9.4 The submittal of a registration form does not relieve the registrant from the requirement to comply with all
State and Federal requirements. Such requirements include, but are not limited to, monitoring, record
keeping and reporting requirements, any requirement to consider actual emissions and/or the potential to
emit of all equipment when determining the applicability of and/or compliance with certain State and Federal
requirements, and any requirement to revise a Regulation No. 30 permit if required to do so by that
regulation.

9.5 A person may, in lieu of submitting to the Department a registration form, elect to:

a. Apply for a permit pursuant to Section 2.1 (b) or 2.1 (c) of this regulation, as applicable.

b. Submit to the Department all of the information required by Section 9.2 (a) and (b). In such a case
the registrant shall not commence construction/operation until written approval is obtained from the
Department.

27
Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 10 - Source Category Permit Application

10.1 Any person identified in Section 2.1 (b) shall submit to the Department an application requesting a source
category permit on forms furnished by the Department.

10.2 The application requesting a source category permit shall include all of the following:
a. All of the information called for by the source category application form. Source category
application forms are available from the Department upon request.

b. Certification by the person identified in Section 3.1 that the source will comply with all of the terms
and conditions of the source category permit.

c. For facilities subject to Regulation No. 30, the person identified in Section 3.1 of this regulation
shall be a responsible official as defined in Regulation No. 30, and the application shall contain the
following language from the responsible official: I certify, based on information and belief formed
after reasonable inquiry, the statements and information in the document are true, accurate, and
complete.

10.3 For facilities not subject to Regulation No. 30, the Department shall grant approval by issuing to the
applicant a source category permit.

10.4 For facilities subject to Regulation No. 30, the Department shall grant approval by incorporating the source
category permit into the Regulation No. 30 permit by reference, and such incorporation shall be via the
administrative permit amendment process specified in Regulation No. 30.
10.5 A source category permit may be valid for an indefinite period, except as provided for in Regulation No. 30
for sources subject to that regulation.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 11 - Permit Application

11.1 Any person identified in Section 2.1 (c) shall submit to the Department an application for a permit on forms
furnished by the Department. Permit application forms are available from the Department upon request.

11.2 The application shall consist of a description of at least the following:

a. The equipment or apparatus covered by the application; and

b. Any equipment connected or attached to, or servicing or served by the unit of equipment or
apparatus covered by the application; and

c. The plot plan, including the distance and height of building within a reasonable distance
from the place where the equipment is or will be installed, if necessarily required by the
Department; and

28
d. The proposed means for the prevention or control of the emissions or contaminant;

e. The chemical composition and amount of any trade waste to be produced as a result of the
construction, installation, or alteration of any equipment or apparatus covered by this
application;

f. Any additional information, evidence or documentation required by the Department to show


what the proposed equipment or apparatus will do.

g. Methods and expected frequency of occurrence of the start-up and shutdown of the
equipment, including projected effects of emissions to the atmosphere and on ambient air
quality.

h. The nature and amount of emission to be emitted by equipment, the facility, or an air
contaminant control device or emitted by associated mobile sources.

i. If the applicant desires any of the term(s) or condition(s) of the permit to be federally
enforceable, the applicant shall state that fact in the application. The ensuing permit shall
clearly indicate the specific term(s) and condition(s) that are federally enforceable.

j. If the applicant desires any of the term(s) or condition(s) of a construction permit to transfer
to a Regulation No. 30 permit via the administrative permit amendment process specified in
Regulation No. 30 the following additional requirements apply:

i. The person identified in Section 3.1 of this regulation shall be a responsible official
as defined in Regulation No. 30, and the application shall contain the following language
from the responsible official: I certify, based on information and belief formed after
reasonable inquiry, the statements and information in the document are true, accurate, and
complete.

ii. The application shall include the following additional information:

A. The citation and description of all applicable requirements that will apply to
the equipment, facility, or air contaminant control device and that will
become applicable to any covered source as a result of the construction,
installation, alteration, or operation; and a description of, or reference to,
any applicable test method for determining compliance with each applicable
requirement. The terms applicable requirement and covered source retain
the meanings accorded to them in Regulation No. 30.

B. Certification by the responsible official that the source will meet all
applicable requirements on a timely basis, and, if a more detailed schedule
is expressly required by any applicable requirement, that applicable
requirement in accordance with that more detailed schedule.

C. If desired, information necessary to define alternative operating scenarios


under Regulation No. 30, Section 6 (a) (10), or to define permit terms and
conditions to implement emission averaging or operational flexibility under
Regulation No. 30, Section 6 (a) (11) and 6 (h).

D. If desired, a request that the Department, upon taking final action under
Section 11.5 (b) or 11.5 (c) of this regulation, allow coverage under the
permit shield as described in Regulation No. 30, Section 6 (f).

29
iii. The applicant shall provide additional information necessary to address any
requirements that become applicable to the equipment, facility, or air contaminant
control device after the date it filed an application under this section but prior to the
date advertisement is made pursuant to Section 12.4 (b) of this regulation. This
requirement is in addition to the requirement of Section 2.1 of this regulation in
situations where construction, installation, or alteration is necessary to comply with
the new applicable requirement.

iv. The ensuing construction permit shall clearly indicate the specific term(s) or
condition(s) to transfer to the Regulation No. 30 permit, and each such term or
condition shall specify the origin and the authority for that term or condition, and
shall identify any difference in form as compared to the applicable requirement upon
which the term or condition is based.

11.3 In situations in which construction, installation, or alteration is proposed, and operation of the equipment,
facility, or air contaminant control device is to follow, such operation shall not commence until written
approval is obtained by the applicant from the Department in accordance with Section 11.4 and 11.5, as
applicable. The Department may condition approval to operate on a demonstration by the applicant of
satisfactory performance of the equipment, facility, or air contaminant control device. In the event the
applicant fails to demonstrate satisfactory performance, the Department may require the applicant to cease
emissions from the source.

11.4 Persons not requesting review under Section 11.2 (j) shall, upon completion of the construction, installation
or alteration, request that the Department grant approval to operate.

a. An application does not need to be submitted to the Department. Note however that an application
may be required under Regulation No. 30 for persons subject to that regulation.

b. Upon satisfactory demonstration that the equipment, facility or air contaminant control device
complies with all of the terms and conditions of the construction permit, the Department shall grant
approval to operate by issuing an operation permit.

11.5 Persons requesting review under Section 11.2 (j) shall, upon completion of the construction, installation or
alteration, request that the Department transfer the terms and conditions of the construction permit into the
Regulation No. 30 operating permit.

a. The request shall contain the following information, and shall contain the following language from
the responsible official: I certify, based on information and belief formed after reasonable inquiry,
the statements and information in the document are true, accurate, and complete.

i. A description of the compliance status, a compliance schedule, and a certification of


compliance for the equipment, facility, or air contaminant control device with respect to all
applicable requirements, in accordance with Regulation No. 30, Section 5 (d) (8) and (9);
and

ii. A statement of the methods used to determine compliance, including a description of


monitoring, record keeping, and reporting requirements and test methods.

b. Upon satisfactory demonstration that the equipment, facility or air contaminant control device
complies with all applicable requirements and all of the terms and conditions of the construction
permit, and not prior to the expiration of the EPA review period provided for in Section 12.5, the
Department shall transfer the specified terms and conditions to the Regulation No. 30 permit via the
administrative permit amendment process specified in Regulation No. 30.

30
c. If the Department determines that the equipment, facility, or air contaminant control device does not
comply with any applicable requirement the Department may take enforcement action, and shall do
one of the following:

i. Provide an opportunity for the applicant to resolve the noncompliance; then, upon
resolution, transfer the specified terms and conditions of the construction permit to the
Regulation No. 30 permit via the administrative permit amendment process specified in
Regulation No. 30; or

ii. Transfer the specified terms and conditions of the construction permit, and an enforceable
compliance schedule which satisfies the requirements of Regulation No. 30, Section 5 (d)
(8) (iii), to the Regulation No. 30 permit by reopening the permit for cause pursuant to the
procedures in Regulation No. 30; or

iii. Deny the request for approval to operate.

11.6 No permit shall be issued by the Department unless the applicant shows to the satisfaction of the Department
that the equipment, facility, or air contaminant control device is designed to operate or is operating without
causing a violation of the State Implementation Plan, or any rule or regulation of the Department, and
without interfering with the attainment or maintenance of National and State ambient air quality standards,
and without endangering the health, safety, and welfare of the people of the State of Delaware. The
Department may, from time to time, issue or accept criteria for the guidance of applicants indicating the
technical specifications which it deems will comply with the performance standards referenced herein.

11.7 Before a permit is issued, the Department may require the applicant to conduct such tests as are necessary in
the opinion of the Department to determine the kind and/or amount of the contaminants emitted from the
equipment or whether the equipment or fuel or the operation of the equipment will be in violation of any of
the provisions of any rule or regulation of the Department. Such tests shall be made at the expense of the
applicant and shall be conducted in a manner approved by the Department.

11.8 The following emission rates and/or standards for each air contaminant emitted from any equipment, facility
or air contaminant control device shall be specified in each permit issued pursuant to this regulation:

a. The rate and/or standard established and/or relied upon in the State Implementation Plan (SIP) to
include the State of Delaware Regulations Governing the Control of Air Pollution and regulations
promulgated pursuant to Section 111 and Section 112 of the Clean Air Act (CAA); and

b. The rate that was shown under Section 11.6 as not interfering with the attainment and maintenance
of any National and State ambient air quality standard, and not endangering the health, safety, and
welfare of the people of the State of Delaware; or

c. The rate requested by the applicant. In no case shall this rate be greater than the potential to emit of
the equipment, facility, or air contaminant control device; and in no case shall this rate be less
stringent than the rate specified in Section 11.8 (a) and (b) of this regulation.

11.9 Each emission rate and standard shall be enforceable as a practical matter. Enforceable as a practical matter
means that each emission rate and standard:

a. Is stated in the permit as a technically specific and accurate limitation.

b. Is specifically associated with a particular piece(s) of equipment or air contaminant control


device(s).

31
c. Has associated conditions which, in total, establish a method to determine compliance. Such
associated conditions shall include appropriate testing, monitoring, record keeping, and reporting
requirements.

d. Has a recurring, predictable time period under which compliance with the limitation will be
demonstrated. Such time period shall be that specified in the underlying State regulation or federal
rule or, in the absence of such specification and upon approval by the Department, shall be hourly,
daily, monthly, or some other time period which provides for the demonstration of compliance with
the limitation no less frequently than monthly.

11.10 A construction permit or any renewal thereof shall be valid for a period not to exceed three years from the
date of issuance, unless sooner revoked by order of the Department, and may be renewed upon application to
and approval by the Department.

11.11 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, in which case
the permit shall be valid for not more than a 5-year period and shall be evaluated prior to re-issuance to
determine if permitted emission limits are appropriate.

11.12 The provisions of Section 2.1 and 11.3 shall not apply to the operation of equipment or processes for the
purpose of initially demonstrating satisfactory performance to the Department following construction,
installation, modification or alteration of the equipment or processes. The applicant shall notify the
Department sufficiently in advance of the demonstration and shall obtain the Department's prior concurrence
of the operating factors, time period and other pertinent details relating to the demonstration.

11.13 Upon receipt of an application for the issuance of an operating permit the Department, in its discretion, may
issue a temporary operating permit valid for a period not to exceed ninety (90) days. A temporary operating
permit issued pursuant to this Section shall not be extended more than once for an additional 90-day period.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 12 - Public Participation

12.1 Information obtained through the provisions of this Regulation shall be made available for public inspection
at any Department office except where such information is of confidential nature as defined in 7 Del. C.
Chapter 60, Section 6014. The Department shall provide for public participation and comment in accordance
with Section 12.2 through 12.6, as applicable.

12.2 Upon receipt of a source category permit application or a permit application, in proper form, the Department
shall provide for public participation and comment by:

a. Making available in at least one location in the State of Delaware a public file containing a copy of
all materials that the applicant has submitted (other than those granted confidential treatment).

b. Advertising in a newspaper of general circulation in the county in which the activity is proposed and
in a daily newspaper of general circulation throughout the State: 1) the fact that the application has
been received, the identity of the affected facility, and the city or town in which the facility is
located, 2) a brief description of the nature of the application, to include the activity or activities
involved in the permit action and the emissions or the change in emission involved, and 3) the
32
name, address and telephone number of a Department representative with responsibility for the
permitting action, the place at which a copy of the public file may be inspected, and a statement of
procedures to request a hearing.

c. Sending notice of the information detailed in Section 12.2 (b) by mail to any person who has
requested such notification from the Department by providing to the Department their name and
mailing address.

d. Holding, if the Department receives a meritorious request for a hearing within fifteen (15) calendar
days of the date of the advertisement described in Section 12.2 (b), or if the Department deems it to
be in the best interest of the State to do so, a public hearing on an application for interested persons
to appear and submit written or oral comments on the air quality impact of the proposed action.

i. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the
application and a reasoned statement of the permit's probable impact.

ii. Not less than twenty (20) calendar days before the time of said hearing, notification that a
public hearing will be held and the time and place of that hearing shall be:

A. Served upon the applicant as summonses are served or by registered or certified


mail; and

B. Published in a newspaper of general circulation in the county in which the activity is


proposed and in a daily newspaper of general circulation throughout the State.

e. Considering all comments submitted by the applicant and the public in reaching its final
determination.

12.3 For each permit application requesting to make the terms and conditions of a permit federally enforceable,
the Department shall provide for public participation and comment by:

a. Making available in at least one location in the State of Delaware a public file containing a copy of
all materials that the applicant has submitted (other than those granted confidential treatment), a
copy of the draft permit, and a copy or summary of other materials, if any, considered in making the
preliminary determination.

b. Advertising in a newspaper of general circulation in the county in which the activity is proposed and
in a daily newspaper of general circulation throughout the State: 1) the fact that the application has
been received, the identity of the affected facility, and the city or town in which the facility is
located, 2) a brief description of the nature of the application, to include the activity or activities
involved in the permit action and the emissions or the change in emission involved, and 3) the
name, address and telephone number of a Department representative with responsibility for the
permitting action, the place at which a copy of the public file may be inspected, and a statement of
procedures to request a hearing.

c. On or before the date of the advertisement described in Section 12.3 (b):

i. Sending notice of the information detailed in Section 12.3 (b) by mail to the Administrator
of the EPA, through the Region III office, and to any person who has requested such
notification from the Department by providing to the Department their name and mailing
address.

ii. Providing the Administrator of the EPA, through the Region III office, a copy of the draft
permit.

33
d. Holding, if the Department receives a meritorious request for a hearing within thirty (30) calendar
days of the date of the advertisement described in Section 12.3 (b), or if the Department deems it to
be in the best interest of the State to do so, a public hearing on an application or the draft permit for
interested persons to appear and submit written or oral comments on the air quality impact of the
proposed action or on the specific terms and conditions of the draft permit.

i. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the
application and a reasoned statement of the permit's probable impact.

ii. Not less than thirty (30) calendar days before the time of said hearing, notification that a
public hearing will be held and the time and place of that hearing shall be:

A. Served upon the applicant as summonses are served or by registered or certified


mail; and

B. Published in a newspaper of general circulation in the county in which the activity is


proposed and in a daily newspaper of general circulation throughout the State.

e. Affording the applicant an opportunity to submit, within fifteen (15) days following the close of the
public comment period or the public hearing, whichever is later, a response to any comments made.

f. Considering all comments submitted by the applicant, the public, and the Administrator of the EPA
in reaching its final determination.

g. Providing to the Administrator of the EPA, through the Region III office, a copy of the permit.

12.4 For each permit application requesting to allow the terms and conditions of a construction permit to transfer
to a Regulation No. 30 permit via the administrative permit amendment process specified in Regulation No.
30, the Department shall provide for public participation and comment by:

a. Making available in at least one location in the State of Delaware a public file containing a copy of
all materials that the applicant has submitted (other than those granted confidential treatment), a
copy of the draft permit, and a copy or summary of other materials, if any, considered in making the
preliminary determination.

b. Advertising in a newspaper of general circulation in the county in which the activity is proposed and
in a daily newspaper of general circulation throughout the State: 1) the fact that the application has
been received, the identity of the affected facility, and the city or town in which the facility is
located, 2) a brief description of the nature of the application, to include the activity or activities
involved in the permit action and the emissions or the change in emission involved, and 3) the
name, address and telephone number of a Department representative with responsibility for the
permitting action, the place at which a copy of the public file may be inspected, and a statement of
procedures to request a hearing.

c. On or before the date of the advertisement described in Section 12.4 (b):

i. Sending notice of the information detailed in Section 12.4 (b) by mail to any person who has
requested such notification from the Department by providing to the Department their name
and mailing address, and to the representative of any affected states designated by those
states to receive such notices. The term affected states retains the meaning accorded to it in
Regulation No. 30.

34
ii. Providing the Administrator of the EPA, through the Region III office, affected states, any
person who requests it, and the applicant a statement that sets forth the legal and factual
basis for the draft permit conditions (including references to the applicable statutory or
regulatory provisions).

iii. Providing the Administrator of the EPA, through the Region III office, a copy of the permit
application unless the Administrator waives the requirement.

d. Holding, if the Department receives a meritorious request for a hearing within thirty (30) calendar
days of the date of the advertisement described in Section 12.4 (b), or if the Department deems it to
be in the best interest of the State to do so, a public hearing on an application or the draft permit for
interested persons to appear and submit written or oral comments on the air quality impact of the
proposed action or on the specific terms and conditions of the draft permit.

i. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the
application and a reasoned statement of the permit's probable impact.

ii. Not less than thirty (30) calendar days before the time of said hearing, notification that a
public hearing will be held and the time and place of that hearing shall be:

A. Served upon the applicant as summonses are served or by registered or certified


mail; and

B. Published in a newspaper of general circulation in the county in which the activity is


proposed and in a daily newspaper of general circulation throughout the State.

e. Affording the applicant an opportunity to submit, within fifteen (15) days following the close of the
public comment period or the public hearing, whichever is later, a response to any comments made.

f. Considering all comments submitted by the applicant, the public, and any affected state in reaching
its final determination. The Department shall maintain a list of all commenters and a summary of
the issues raised and shall make that information available in the public file and supply it to EPA
upon request.

g. After meeting the requirements of 12.4 (a) through 12.4 (f), providing the Administrator of the EPA,
through the Region III office, a copy of the proposed permit [i.e., the version of the permit that
represents the Departments final determination under Section 12.4 (f)], all necessary supporting
information, and providing a notice to the Administrator and to any affected state of any refusal by
the Department to accept all recommendations for the proposed permit that the affected state
submitted during the public review period. The notice shall include the Department's reasons for not
accepting any such recommendation. The Department is not required to accept recommendations
that are not based on applicable requirements. The term applicable requirement retains the meaning
accorded to it in Regulation No. 30.

h. On or before the date that the Department provides the proposed permit to EPA for review under
Section 12.4 (g), issuing a written response to all comments submitted by affected states and all
significant comments submitted by the applicant and the public.

12.5 The Department shall not issue the permit if the Administrator objects to its issuance in writing within forty-
five (45) days of receipt of all of the information provided to the Administrator pursuant to Section 12.4 (g).
Any EPA objection under this paragraph shall include a statement of the Administrator's reasons for
objection and a description of the terms and conditions that must be revised to respond to the objection. The
Administrator will provide the applicant a copy of the objection. The Department may thereafter issue only
a revised permit that satisfies EPA's objection.

35
12.6 If the Administrator does not object in writing under Section 12.5, any person may petition the Administrator
within sixty (60) days after the expiration of the Administrator's 45-day review period to make such
objection. Any such petition shall be based only on objections to the permit raised with reasonable
specificity during the public comment period provided for in Section 12.4, unless the petitioner demonstrates
that it was impracticable to raise such objections within such period, or unless the grounds for such objection
arose after such period. If the Administrator objects to the permit as a result of a petition filed under this
paragraph, the Department shall not amend the Regulation No. 30 permit until EPA's objection has been
resolved, except that a petition for review does not stay the effectiveness of the construction permit and/or
the amended Regulation No. 30 permit or its requirements if the construction permit or the amended
Regulation No. 30 permit was issued after the end of the 45-day review period and prior to an EPA
objection. If the Department has issued an amended the Regulation No. 30 permit prior to receipt of an EPA
objection under this paragraph, the Administrator will modify, terminate, or revoke such permit, and shall do
so consistent with the time limits established in 40 CFR 70.7 (g) (4) or (5) (i) and (ii), except in emergencies,
and the Department may thereafter issue only a revised permit that satisfies EPA=s objection. In any case,
the source will not be in violation of the requirement to have submitted a timely and complete application
under Regulation No. 30.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

06/01/97
Section 13 - Department Records

13.1 The Department will keep for five (5) years such records and submit to the Administrator of the EPA such
information as the Administrator may reasonably require to ascertain whether the optional procedures to
establish and transfer the terms and conditions of a construction permit issued pursuant to this regulation into
a Regulation No. 30 operating permit via the administrative permit amendment process specified in
Regulation No. 30 comply with the requirements of the Federal Clean Air Act and 40 CFR Part 70.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 2 PERMITS

Appendix A (For the applicability of Appendix A- see Section 2.2 of the regulation)

a. Air contaminant detector, air contaminant recorder, combustion controller or combustion shut-off.

b. Except as provided for in Regulation No. 22, Restriction on Quality of Fuel in Fuel Burning Equipment, fuel
burning equipment which:

i. Uses any fuel and has a rated heat input of less than 10 million British-Thermal Units (BTUs) per hour.

ii. Uses only natural gas, LP gas, or other desulfurized fuel gas and has a rated heat input of less than 15
million British-Thermal Units (BTUs) per hour.

c. Air conditioning or comfort ventilating systems.

d. Vacuum cleaning systems used exclusively for office applications or residential housekeeping.

e. Ventilating or exhaust systems for print storage room cabinets.

f. Exhaust systems for controlling steam and heat.


36
g. Any equipment at a facility used exclusively for chemical or physical analysis or determination of product
quality and commercial acceptance, provided the operation of the equipment is not an integral part of the
production process and the total actual emissions from all such equipment at the facility do not exceed
450 pounds in any calendar month.

h. Internal combustion engines in vehicles used for transport of passengers or freight.


i. Maintenance, repair, or replacement in kind of equipment for which a permit to operate has been issued.

j. Equipment which emits only nitrogen, oxygen, carbon dioxide, and/or water vapor.

k. Ventilating or exhaust systems used in eating establishments where food is prepared for the purpose of
consumption.
l. Equipment used to liquefy or separate oxygen, nitrogen or the rare gases from the air.

m. Fireworks display.

n. Smudge pots for orchards or small outdoor heating devices to prevent freezing of plants.

o. Outdoor painting and sand blasting equipment.

p. Lawnmowers, tractors, farm equipment and construction equipment.

q. Gasoline dispensing facilities that never exceed a monthly throughput of 10,000 gallons.

s. Stationary gasoline storage tanks that:

1. Have a capacity less than 550 gallons and that are used exclusively for the fueling of implements of
husbandry; or

2. Have a capacity less than 2000 gallons and that were constructed prior to January 1, 1979; or

3. Have a capacity less than 250 gallons and that were constructed after December 31, 1978.

t. Fire schools or fire fighting training.

u. Residential wood burning stoves and wood burning fireplaces.

v. Any stationary storage tank not subject to control by these regulations which contains any liquid having a
true vapor pressure less than 0.5 psia at 70oF or is less than 5000 gallons capacity.

w. Buildings, cabinets, and facilities used for storage of chemicals in closed containers.

x. Sewage treatment facilities.

y. Water treatment units.

z. Quiescent wastewater treatment operations.

aa. Non-contact water-cooling towers (water that has not been in direct contact with process fluids).

bb. Laundry dryers, extractors, or tumblers used for fabrics cleaned with a water solution of bleach or detergents.

cc. Equipment used for hydraulic or hydrostatic testing.

37
dd. Blueprint copiers and photographic processes.

ee. Kilns used for firing ceramic ware that are heated exclusively by natural gas, electricity, and/or liquid
petroleum gas, and the BTU input is less than 15 million BTUs per hour.

ff. Inorganic acid storage tanks equipped with an emission control device.

38
Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution

REGULATION NO. 24-CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

1/11/93
Section 1 - General Provisions

a. This Regulation No. 24, "Control of Volatile Organic Compound Emissions", replaces and supersedes
Regulation No. 24, "Control of Volatile Organic Compound Emissions" dated July 3, 1990.

b. This regulation is applicable to the sources of Volatile Organic Compounds (VOCs) as set-forth herein,
except:

1. Sources, other than solvent metal-cleaning sources, whose emissions of Volatile Organic
Compounds (VOCs) are not more than fifteen (15) pounds per day, unless other limits are
specified herein, provided the emission rates are determined and certified in a manner acceptable
to the Department.

2. Sanitary landfills conforming to the State of Delaware Statewide Solid Waste Management Plan.

c. No owner or operator shall substitute either methyl chloroform or methylene chloride for any other
Volatile Organic Compound (VOC) for any solvent metal cleaning purpose on or after the effective date
of this regulation.

d. The provisions of this regulation shall not apply to the startup and shutdown of equipment, which
operates continuously, or in an extended steady state when emissions from such equipment during startup
and shutdown are governed by an Operating Permit issued pursuant to the provisions of Section 2,
Regulation No. 2.

e. Any owner or operator currently permitted to operate a VOC emission source under Regulation No. 2 or
the previous Regulation No. 24 shall submit to the Department, within 90 days of the effective date of this
regulation, an application to amend the current permit and to comply with the provisions of this
regulation. Any owner or operator of a non-permitted source subject to the provisions of this regulation,
on and after the effective date of the regulation, shall immediately submit to the Department an
application for a permit to construct, modify, reconstruct and/or operate the source.

f. Any owner or operator who owns or operates a process or operation regulated by a subsequent Section of
this regulation may submit to the Department proposals for alternative compliance schedules. The
Department may, with the concurrence of the Administrator of the U. S. Environmental
Protection Agency (U.S. EPA), approve the alternative compliance schedules if:

1. The proposal contains projected increments of progress which are substantially equivalent to the
compliance schedules in the appropriate subsequent Sections, and,

2. Final compliance with emission standards is achieved not later than that stipulated in appropriate
subsequent Sections, or not later than May 31, 1995, if agreed in writing by the Department.

g. In the event that the applicant's schedule of interim measures is not acceptable, the Department shall give
written notice to the applicant, advising that the schedule contained in the appropriate Sections will be
ordered unless an equable compromise is agreed-upon, or a public hearing is requested. The expense of
such hearing shall be borne by the applicant. The Department may order a schedule to be implemented
after considering relevant testimony at the hearing, or, if no hearing is requested, issue an order on its own
initiative.

39
h. Any alternative compliance schedule approved by the Department shall be incorporated in the State
Implementation Plan (SIP).

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

1/11/02
Section 2 - Definitions

For the purpose of this regulation, the following definitions apply:

a. Actual emissions means the quantity VOCs emitted from a source during a particular time period.

b. As applied means including any dilution solvents added before application of the coating.

c. Basecoat means a pigmented topcoat that is the first coat applied as part of a multistage topcoat system.

d. Bulk gasoline plant means a gasoline storage and distribution facility with an average daily throughput of
76,000 liters (L) (20,000 gallons [gal]) of gasoline or less on a monthly average.

e. Bulk gasoline terminal means a gasoline storage facility that receives gasoline from refineries, delivers
gasoline to bulk gasoline plants or to commercial or retail accounts, and has a daily throughput of more than
76,000 L (20,000 gal) of gasoline on a monthly average.

f. Capture efficiency means the weight per unit time of VOC entering a capture system and delivered to a
control device divided by the weight per unit time of total VOC generated by a source of VOC, expressed as
a percentage.

g. Capture system means all equipment (including, but not limited to, hoods, ducts, fans, booths, ovens,
dryers, etc.) that contains, collects, and transports an air pollutant to a control device.

h. Carbon absorber means an add-on control device that uses activated carbon to absorb VOCs from a gas
stream.

i. Carbon adsorption system" means a carbon adsorber with an inlet and outlet for exhaust gases and a system
to regenerate the saturated adsorbent.

j. Clearcoat means a topcoat that contains no pigments or only transparent pigments and that is the final coat
applied as part of a multistage topcoat system.

k. Coating means a material applied onto or impregnated into a substrate for protective, decorative, or
functional purposes. Such materials include, but are not limited to, paints, varnishes, sealants, adhesives,
inks, maskants, and temporary protective coatings.

l. Coating unit means a series of one or more coating applicators and any associated drying area and/or oven
wherein a coating is applied, dried, and/or cured. A coating unit ends at the point where the coating is dried
or cured, or prior to any subsequent application of a different coating. It is not necessary to have an oven or a
flashoff area in order to be included in this definition.

m. Continuous vapor control system means a vapor control system that treats vapors displaced from tanks
during filling on a demand basis without intermediate accumulation.

40
n. Control device means equipment (such as an incinerator or carbon adsorber) used to reduce, by destruction
or removal, the amount of air pollutant(s) in an air stream prior to discharge to the ambient air.

o. Control system means a combination of one or more capture system(s) and control device(s) working in
concert to reduce discharges of pollutants to the ambient air.

p. Day means a period of 24 consecutive hours beginning at midnight local time, or beginning at a time
consistent with a facility's operating schedule.

q. Destruction or removal efficiency means the amount of VOC destroyed or removed by a control device
expressed as a percent of the total amount of VOC entering the device.

r. Double block-and-bleed system means two block valves connected in series with a bleed valve or line that
can vent the line between the two block valves.

s. Exempt compounds, means any of the compounds listed in Regulation 1, Section 2 - Definitions, "Volatile
Organic Compounds," which have been determined to have negligible photochemical reactivity.

For determining compliance with emission limits, VOCs will be measured according to the procedures in
Methods 25 and 25A of Appendix A of 40 CFR, Part 60, and the procedures and equations in '60.755.
Where such a method also measures compounds with negligible photochemical reactivity, an owner or
operator may exclude these negligibly-reactive compounds when determining compliance with an emission
standard. However, the Department may require such owner or operator, as a precondition to excluding
these compounds for purposes of determining compliance, to provide monitoring methods and monitoring
results demonstrating, to the satisfaction of the Department, the amount of negligibly-reactive compounds in
the sources emissions.

In addition to the procedures for requesting a satisfactory compliance determination, where the Department
proposes to allow the use of a test method for excluding negligibly-reactive compounds that is different or
not specified in the approved SIP, such change shall be submitted to the U.S. EPA for approval as part of a
SIP revision.

t. External floating roof means a cover over an open-top storage tank consisting of a double deck or pontoon
single deck that rests upon and is supported by the volatile organic liquid being contained and is equipped
with a closure seal or seals to close the space between the roof edge and tank shell.

u. Facility means all of the pollutant-emitting activities, excluding pollutant-emitting activities from mobile
sources, that are located on one (1) or more contiguous or adjacent properties, and are under the control of
the same person (or person under common control).

v. First attempt at repair means to take rapid action for the purpose of stopping or reducing leakage of
organic material to the atmosphere using best practices.

w. Flashoff area means the space between the coating application area and the oven.

x. Gasoline tank truck means a delivery tank truck used at bulk gasoline plants, bulk gasoline terminals, or
gasoline dispensing facilities that is loading or unloading gasoline or that has loaded or unloaded gasoline on
the immediately previous load.

y. Gloss flattener means a low-gloss coating that is formulated to eliminate glare on the interior surfaces of a
vehicle for safety purposes, as specified under the U.S. Department of Transportation Motor Vehicle Safety
Standards.

41
z. Heavy-duty truck means any motor vehicle rated at greater than 3,864 kg (8,500 lb) gross weight designed
primarily to transport property.

aa. Incinerator means a combustion apparatus in which solid, semisolid, liquid, or gaseous combustible wastes
are ignited and burned and from which the solid and gaseous residues contain little or no combustible
material.

bb. Intermittent vapor control system means a vapor control system that employs an intermediate vapor holder
to accumulate vapors displaced from tanks during filling. The control device treats the accumulated vapors
only during automatically controlled cycles.

cc. Internal Floating Roof means a cover or roof in a fixed-roof tank that rests upon or is floated upon, the
liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge
and the tank shell.

dd. Knife coating means the application of a coating material to a substrate by means of drawing the substrate
beneath a knife that spreads the coating evenly over the full width of the substrate.

ee. Leak means a VOC emission indicated by an instrument calibrated according to Method 21 of 40 CFR,
Part 60, Appendix A, using zero air (less than 10 parts per million [ppm] of hydrocarbon in air) and a
mixture of methane or n-hexane and air at a concentration of about, but less than, 10,000 ppm methane or n-
hexane.

ff. Lease custody transfer means the transfer of produced crude oil or condensate, after processing and/or
treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any
other forms of transportation.

gg. Liquid-mounted seal means a primary seal mounted in continuous contact with the liquid between the tank
wall and the floating roof around the circumference of the tank.

hh. Loading rack means an aggregation or combination of gasoline loading equipment arranged so that all
loading outlets in the combination can be connected to a tank truck or trailer parked in a specified loading
space.

ii. Lower explosive limit (LEL) means the concentration of a compound in air below which a flame will not
propagate if the mixture is ignited.

jj. Maximum theoretical emissions means the quantity of VOC that theoretically could be emitted by a source
without control devices based on the design capacity or maximum production capacity of the source and
8,760 hours of operation per year. The design capacity or maximum production capacity includes use of
coatings and inks with the highest VOC content used in practice by the source for the 2 preceding years.

kk. Maximum true vapor pressure means the equilibrium partial pressure exerted by a stored liquid at the
temperature equal to:

1. for liquids stored above or below the ambient temperature, the highest calendar-month average of the
liquid storage temperature, or,

2. for liquids stored at the ambient temperature, the local maximum monthly average temperature as
reported by the National Weather Service. This pressure shall be determined by one of the following:

i. In accordance with methods described in American Petroleum Institute Bulletin 2517, "Evaporation
Loss From External Floating Roof Tanks."

42
ii. By using standard reference texts.

iii. By ASTM D2879-83.

iv. By any other method approved by the Department as part of the State Implementation Plan (SIP)
Revision.

ll. Multicomponent coating means a coating which is packaged in two or more parts, which parts are
combined before application, and where a coreactant from one part of the coating chemically reacts, at
ambient conditions, with a coreactant from another part of the coating.

mm. Open-ended valve or line means any valve, except safety relief valves, having one side of the valve seat in
contact with process fluid and one side open to the atmosphere, either directly or through open piping.

nn. Organic compound means any carbon-containing chemical compound excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.

oo. Oven means a chamber which is used to bake, cure, polymerize, and/or dry a coating.

pp. Overall emission reduction efficiency means the weight per unit time of VOC removed or destroyed by a
control device divided by the weight per unit time of VOC generated by a source, expressed as a percentage.
The overall emission reduction efficiency can also be calculated as the product of the capture efficiency and
the control device destruction or removal efficiency.

qq. Owner or Operator means any person who owns, leases, controls, operates or supervises a facility, a
source, or air pollution control or monitoring equipment.

rr. Person means any individual, partnership, copartnership, firm, company, corporation, association, joint
stock company, trust, estate, political subdivision, or any other legal entity, or their legal representative,
agent, or assigns.

ss. Petroleum means the crude oil removed from the earth and the oils derived from tar sands, shale and coal.

tt. Petroleum Liquid means petroleum condensate, and any finished or intermediate products manufactured in
a petroleum refinery.

uu. Plastisol means a coating made of a mixture of finely divided resin and a plasticizer. Plastisol is applied as
a thick gel that solidifies when heated.

vv. Press-Ready Ink means the ink, as applied to the substrate, after all solvents and diluents have been added.

ww. Pressure release means the emission of materials resulting from system pressure being greater than set
pressure of the pressure relief device.

xx. Primer means any coating applied prior to the application of a topcoat or color coat for the purposes of
surface preparation, corrosion resistance, adhesion, and color uniformity.

yy. Process unit shutdown means a work practice or operational procedure that stops production from a
process unit or part of a process unit. An unscheduled work practice or operational procedure that stops
production from a process unit or part of a process unit for less than 24 hours is not a process unit shutdown.
The use of spare equipment and technically feasible bypassing of equipment without stopping production are
not process unit shutdowns.

43
zz. Reid vapor pressure means the absolute vapor pressure of volatile crude oil and volatile nonviscous
petroleum liquids, except liquified petroleum gases, as determined by ASTM D323-82.

aaa. Repaired means that equipment is adjusted, or otherwise altered, in order to eliminate a leak as indicated
by one of the following: an instrument reading of 10,000 ppm or greater, indication of liquids dripping, or
indication by a sensor that a seal or barrier fluid system has failed.

bbb. Roll coating means the application of a coating material to a moving substrate by means of hard rubber,
elastomeric, or metal rolls.

ccc. Rotogravure coating means the application of a coating material to a substrate by means of a roll coating
technique in which the pattern to be applied is recessed relative to the non-image area, and the coating
material is picked up in these recessed areas and is transferred to the substrate.

ddd. Shutdown means the cessation of operation of a facility or of its emission control or emission monitoring
equipment.

eee. Source means any building, structure, equipment (excluding mobile equipment temporarily in place), or
installation that directly or indirectly releases or discharges, or has the potential to release or discharge,
VOCs into the atmosphere.

fff. Stage I Vapor Recovery System means the control of gasoline vapor from any delivery vessel into any
stationary storage vessel, where the vapor displaced by the liquid gasoline is returned to the delivery vessel
and transported to the refinery.

ggg. Stage II Vapor Recovery System means a system that controls the emissions of gasoline vapor at the
vehicle fill-pipe, where the vapor is captured and returned to a vapor-tight storage tank, or is destroyed;
which achieves an overall control efficiency of at least 95%.

hhh. Standard conditions means a temperature of 20 C (68 F) and pressure of 760 mm Hg (29.92 in. Hg).

iii. Startup means the setting in operation of a source or of its emission control or emission monitoring
equipment.

jjj. Storage Vessel means each tank, reservoir or container used for the storage of Volatile Organic Liquids,
but does not include:

1. Frames, housing, auxiliary supports or other components that are not directly involved in the containment
of liquids or vapors; or

2. Subsurface caverns or porous rock reservoirs.

kkk. Submerged fill means the method of filling a delivery vessel or storage vessel where product enters within
150 millimeters (mm) (5.9 inches [in.]) of the bottom of the delivery or storage vessel. Bottom filling of
delivery and storage vessels is included in this definition.

lll. Substrate means the surface onto which a coating is applied or into which a coating is impregnated.

mmm. Throughput means the amount of gasoline dispensed at a gasoline dispensing facility during a calendar
month after November 15, 1990.

nnn. Transfer efficiency means the ratio of the amount of coating solids adhering to the object being coated to
the total amount of coating solids used in the application process, expressed as a percentage.

44
ooo. Vapor collection system means all piping, seals, hoses, connections, pressure-vacuum vents, and other
equipment between the gasoline tank truck and the vapor processing unit and/or the storage tanks and vapor
holder.

ppp. Vapor control system means a system that limits or prevents release to the atmosphere of organic
compounds in the vapors displaced from a tank during the transfer of gasoline.

qqq. Vapor-mounted seal means a primary seal mounted so there is an annular vapor space underneath the seal.
The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface and
the floating roof.

rrr. Vapor recovery system means a vapor-gathering system capable of collecting VOC vapors and gases
emitted during the operation of any transfer, storage, or process equipment.

sss. Vapor-tight means equipment that allows no loss of vapors. Compliance with vapor-tight requirements can
be determined by checking to ensure that the concentration at a potential leak source is not equal to or greater
than 100 percent of the LEL when measured with a combustible gas detector, calibrated with propane, at a
distance of 2.54 centimeters (cm) (1 in.)from the source.

ttt. Vapor-tight gasoline tank truck means a gasoline tank truck that has demonstrated within the 12 preceding
months that its product delivery tank will sustain a pressure change of not more than 75 mm (3.0 in.) of
water within 5 minutes (min) after it is pressurized to 450 mm (18 in.) of water; or when evacuated to 150
mm (5.9 in.) of water, the same tank will sustain a pressure change of not more than 75 mm (3.0 in.) of water
within 5 min. This capability is to be demonstrated using the test procedures specified in Method 27 of
Appendix A of 40 CFR, Part 60 (July 1, 1992).

uuu. Volatile Organic Liquid (VOL) means any organic liquid which can emit any Volatile Organic Compound
into the atmosphere (see definition of "Volatile Organic Compound").

vvv. Volatile Organic Compound (VOC) means any carbon-containing compound excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides or carbonates and ammonium carbonate, which participates
in atmospheric photochemical reactions. This includes any organic compounds other than those defined as
"Exempt Compounds", which have been determined to have negligible photochemical reactivity (see
definition of "Exempt Compounds"). In addition to the procedures for requesting a satisfactory compliance
demonstration, where the Department proposes to allow the use of a test method for excluding negligibly
reactive compounds that is different from or not specified in the approved SIP, such change shall be
submitted to the Environmental Protection Agency (U.S. EPA) for approval as part of a SIP Revision.

www. Web coating line means all of the coating applicator(s), drying area(s), or oven(s), located between an
unwind station and a rewind station, that are used to apply coating onto a continuous strip of substrate (the
web). A web coating line need not have a drying oven.

45
Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

1/11/93
Section 3 Applicability

a. All existing, new, reconstructed and modified sources shall meet all applicable provisions of this
regulation.

b. Nothing in this regulation shall be construed to exempt new, reconstructed or modified sources from
meeting any other applicable Department or federal rules, including New Source Review requirements.

c. This regulation does not apply to any equipment at a facility used exclusively for chemical or physical
analysis or determination of product quality and commercial acceptance provided the operation of the
equipment is not an integral part of the production process and the total actual emissions from all such
equipment at the facility do not exceed 204 kilograms (kg) (450 pounds [lb]) in any calendar month. Any
facility claiming exemption from the provisions of this regulation under paragraph (c) shall comply with
the provisions of Paragraph (e).

d. 1. Any facility that becomes or is currently subject to the provisions of this regulation by exceeding
an applicability threshold will remain subject to these provisions, even if its throughput or
emissions later fall below the applicability threshold, except as provided in Paragraph (g).

2. Any facility that is currently subject to a state or federal rule promulgated pursuant to the Clean
Air Act Amendments of 1977 by exceeding an applicability threshold is and will remain subject
to these provisions, even if its throughput or emissions have fallen or later fall below the
applicability threshold.

e. Any facility that claims exemption from the provisions of this regulation by reason of meeting the
conditions in paragraph (c) of this Section shall maintain the following records in a readily accessible
location for at least 5 years and shall make those records available to the Department upon verbal or
written request:

1. Records to document the purpose of the equipment for which the exemption is claimed.

2. Records to document the amount of each volatile organic compound (VOC)-containing material
used in the equipment each calendar month and the VOC content of each material such that
emissions can be determined for each calendar month.

f. The owner or operator of a facility or source subject to any control requirement of this regulation may
comply with an alternative control plan that has been approved by the Department and the U.S. EPA.

g. The owner or operator of a facility or source subject to this regulation may petition the Department for
exemption from the requirements of this regulation upon a showing that such facility or source no longer
has the potential to emit Volatile Organic Compounds (VOCs). Any exemption granted shall be
embodied in a Consent Order which shall contain terms and conditions necessary to ensure that no
Volatile Organic Compounds (VOCs) may be emitted from the facility or source. For federal
enforcement purposes, such exemption shall not be effective until approved by the U.S. EPA.

46
Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

1/11/93
Section 6 - General Recordkeeping

Each owner or operator of a source subject to this regulation shall maintain all records necessary for determining
compliance with this regulation at the facility for a period of 5 years.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

1/11/93
Section 7 - Circumvention

a. No owner or operator subject to this regulation may build, erect, install, or use any article,
machine, equipment, process, or other method the use of which conceals emissions that would
otherwise constitute non-compliance with an applicable Section of this regulation.

b. Paragraph (a) of this Section includes, but is not limited to, the use of gaseous diluents to
achieve compliance, and the piecemeal carrying out of an operation to avoid coverage by a
Section of this regulation that applies only to operations larger than a specified size.

c. No owner or operator of a facility subject to this regulation shall discharge or dispose of


VOCs or material containing VOCs to surface impoundments, pits, wastewater treatment
facilities or sewers for the purpose of circumventing any provision or requirement of this
regulation.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

11/29/94
Section 8 - Handling, Storage, and Disposal of Volatile Organic Compounds (VOCs)

a. No owner or operator of a facility subject to this regulation may cause, allow, or permit the disposal of
more than 5 kilograms (kg) (11 pounds [lb]) of any VOC, or of any materials containing more than 5 kg
(11 lb) of any VOCs, at that facility in any 1 day in a manner that would permit the evaporation of VOC
into the ambient air. This provision does not apply to:

1. Any VOC or material containing VOC emitted from a regulated entity that is subject to a VOC
standard under this regulation.

2. Coating sources that are exempt from the emission limitations of Section 13 through Section 23
of this regulation.

3. Waste paint (sludge) handling systems, water treatment systems, and other similar operations at
coating facilities using complying coatings.

4. Any VOC or material containing VOCs used during process maintenance turnarounds for
cleaning purposes, provided that the provisions of 8 (c), (d) and (e) are followed.

47
b. Paragraph (a) of this Section includes, but is not limited to, the disposal of VOC from VOC control
devices.

c. No owner or operator of a facility subject to this regulation shall use open containers for the storage or
disposal of cloth or paper impregnated with VOCs that are used for surface preparation, cleanup, or
coating removal. Containers for the storage or disposal of cloth or paper impregnated with VOCs shall be
kept closed, except when adding or removing material.

d. No owner or operator of a facility subject to this regulation shall store in open containers spent or fresh
VOC to be used for surface preparation, cleanup or coating removal. Containers for the storage of spent
or fresh VOCs shall be kept closed, except when adding or removing material.

e. No owner or operator of a facility subject to this regulation shall use VOC for the cleanup of spray
equipment unless equipment is used to collect the cleaning compounds and to minimize their evaporation
to the atmosphere.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

1/11/93
Section 9 - Compliance, Permits, Enforceability

a. Compliance with the provisions of this regulation is required immediately upon promulgation.

b. Permits. After the effective date of this regulation, no owner or operator shall construct, modify or
operate any source subject to this regulation without first obtaining a permit for such construction,
modification or operation pursuant to the provisions of Regulation No. 2.

c. Compliance Programs and Schedules. For sources as a result of this regulation that are required to make
major process changes and/or major capital expenditures, as determined by the Department, an acceptable
program to comply with this regulation shall be developed and submitted to the Department by the owner
and/or operator of such source within one hundred eighty (180) days of the effective date of this
regulation. The program shall include the dates for ordering, receiving, installation and startup of
necessary equipment. All such programs shall contain a schedule and timetable for compliance
certification, including increments of progress, which will require compliance with the applicable
requirements as expeditiously as practicable, but not later than May 31, 1995. [Note: For federal
purposes and for federal enforcement, no such program approved by the Department shall be federally-
approved pursuant to the Clean Air Act until the Administrator of the U.S. EPA determines that such
program was approved in accordance with these requirements, or within the applicable provisions of the
Federal Clean Air Act, and any such program approved by the Department shall cease to be federally-
approved upon a determination by the Administrator of the U.S. EPA that it was not issued in accordance
with the applicable provisions of the Federal Clean Air Act].

d. Enforceability. For the purpose of federal enforceability of the provisions of this regulation, references to
the Department shall also mean the Administrator of the U.S. EPA.

48
Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

1/11/93
Section 24 - Bulk Gasoline Plants

a. Applicability.
1. This Section applies to all unloading, loading, and storage operations at bulk gasoline plants and
to any gasoline tank truck delivering or receiving gasoline at a bulk gasoline plant.

2. The following are subject only to the requirements of paragraphs (c) (3) (vii), (viii), and (ix) of
this Section:

i. Any stationary storage tank of 2,082 liters (L) (550 gallons [gal]) capacity or less
notwithstanding Section 8 of this regulation.

ii. Any bulk gasoline plant with an average daily throughput of gasoline of less than 15,000 L
(4,000 gal) on a 30-day rolling average provided that records are maintained according to
the requirements in paragraph (e) (1) of this Section. Any plant that becomes or is currently
subject to all of the provisions of this Section by exceeding this applicability threshold will
remain subject to these provisions even if its throughput later falls below the applicability
threshold. Any facility that is currently subject to a state or federal rule promulgated
pursuant to the Clean Air Act Amendments of 1977 by exceeding an applicability threshold
is and will remain subject to these provisions, even if its throughput or emissions have
fallen or later fall below the applicability threshold.

b. Definitions. As used in this Section, all terms not defined herein shall have the meaning given them in the
November 15, 1990 Clean Air Act Amendments (CAAA), or in Section 2 of this regulation.

c. Standards.

1. Each bulk gasoline plant subject to this Section shall be equipped with a vapor balance system
between the gasoline storage tank and the incoming gasoline tank truck designed to capture and
transfer vapors displaced during filling of the gasoline storage tank. These lines shall be
equipped with fittings that are vapor-tight and that automatically and immediately close upon
disconnection.

2. Each bulk gasoline plant subject to this Section shall be equipped with a vapor balance system
between the gasoline storage tank and the outgoing gasoline tank truck designed to capture
and transfer vapors displaced during the loading of the gasoline tank truck. The vapor balance
system shall be designed to prevent any vapors collected at one loading rack from passing to
another loading rack.

3. Each owner or operator of a bulk gasoline plant subject to this Section shall act to ensure that the
procedures in paragraphs (c) (3) (i) through (c) (3) (ix) of this Section are followed during all
loading, unloading, and storage operations:

i. The vapor balance system required by paragraphs (c) (1) and (c) (2) of this Section shall be
connected between the tank truck and storage tank during all gasoline transfer operations.

ii. All storage tank openings, including inspection hatches and gauging and sampling devices,
shall be vapor-tight when not in use.

49
iii. The gasoline tank truck compartment hatch covers shall not be opened during product
transfer.
iv. All vapor balance systems shall be designed and operated at all times to prevent gauge
pressure in the gasoline tank truck from exceeding 450 millimeters (mm) (18 inches [in.]) of
water and vacuum from exceeding 150 mm (5.9 in.) of water during product transfers.

v. No pressure vacuum relief valve in the bulk gasoline plant vapor balance system shall begin
to open at a system pressure of less than 450 mm (18 in.) of water or at a vacuum of less
than 150 mm (5.9 in.) of water.

vi. All product transfers involving gasoline tank trucks at bulk gasoline plants subject to this
Section shall be limited to vapor-tight gasoline tank trucks.

vii. Filling of storage tanks shall be restricted to submerged fill.

viii. Loading of outgoing gasoline tank trucks shall be limited to submerged fill.

ix. Owners or operators of bulk gasoline plants or owners or operators of tank trucks shall
observe all parts of the transfer and shall discontinue transfer if any vapor or liquid leaks are
observed.

4. Each calendar month, the vapor balance systems described in paragraphs (c) (1) and (c) (2) of this
Section and each loading rack that loads gasoline tank trucks shall be inspected for liquid or
vapor leaks during product transfer operations. For purposes of this paragraph, detection
methods incorporating sight, sound, or smell are acceptable. Each leak that is detected shall be
repaired within 15 calendar days after it is detected.

d. Compliance provisions. A pressure measurement device (liquid manometer, magnehelic gauge, or


equivalent instrument) capable of measuring 500 mm (20 in.) of water gauge pressure within a
2.5 mm (0.098 in.) of water precision, shall be calibrated and installed on the bulk gasoline plant vapor
balance system at a pressure tap, located as close as possible to the connection with the gasoline tank
truck, to allow determination of compliance with paragraph (c) (3) (iv) of this Section.

e. Recordkeeping. The owner or operator of a facility subject to this regulation shall maintain the following
records in a readily accessible location for at least 5 years and shall immediately make these records
available to the Department upon verbal or written request.

1. All bulk gasoline plants subject to this Section shall maintain daily records showing the quantity
of all gasoline loaded into gasoline tank trucks.

2. A record of each monthly leak inspection required under paragraph (c) (4) of this Section shall be
kept on file at the plant. Inspection records shall include, at a minimum, the following
information:

i. Date of inspection.

ii. Findings (may indicate no leaks discovered or location, nature, and severity of each leak).

iii. Leak determination method.

iv. Corrective action (date each leak repaired and reasons for any repair interval in excess of
15 calendar days).

v. Inspector name and signature.

50
f. Reporting. The owner or operator of any facility containing sources subject to this Section shall comply
with the requirements in Section 5 of this regulation.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

11/29/94
Section 25 - Bulk Gasoline Terminals.

a. Applicability.

1. This Section applies to the total of all the loading racks at any bulk gasoline terminal that deliver
liquid product into gasoline tank trucks.

2. Any facility that becomes or is currently subject to the provisions of this Section by exceeding the
throughput specified in the definition of bulk gasoline terminal in Section 2 of this regulation will
remain subject to these provisions even if its throughput later falls below the applicability
threshold. Any facility that is currently subject to a state or federal rule promulgated pursuant to
the Clean Air Act Amendments of 1977 by exceeding an applicability threshold is and will
remain subject to these provisions, even if its throughput or emissions have fallen or later fall
below the applicability threshold.

b. Standards for loading racks at bulk gasoline terminals.

1. All the loading racks at a bulk gasoline terminal subject to this Section shall be equipped with a
vapor collection system designed to collect the organic compound liquids or vapors displaced
from gasoline tank trucks during product loading.

2. Each vapor collection system shall be designed to prevent any VOC vapors collected at one
loading rack from passing to another loading rack.

3. Loadings of liquid product into gasoline tank trucks shall be limited to vapor-tight gasoline tank
trucks using the following procedures:

i. The owner or operator shall obtain the vapor tightness documentation described in
paragraphs (d) (1) and (d) (2) of this Section for each gasoline tank truck that is to be loaded
at the loading racks subject to this Section.

ii. The owner or operator shall require the tank identification number to be recorded as each
gasoline tank truck is loaded at the terminal.

iii. The owner or operator shall cross-check each tank identification number obtained in
paragraph (b) (3) (ii) of this Section with the file of tank vapor tightness documentation
within 2 weeks after the corresponding tank is loaded.

iv. The terminal owner or operator shall notify the owner or operator of each non-vapor-tight
gasoline tank truck loaded at the loading racks subject to this Section that the tank truck is
not vapor-tight within 3 weeks after the loading has occurred.

51
v. The terminal owner or operator shall take steps to assure that the non-vapor-tight gasoline
tank truck will not be reloaded at a loading rack subject to this Section until vapor tightness
documentation for that tank truck is obtained.

4. The terminal owner or operator shall act to ensure that loadings of gasoline tank trucks at the
loading racks subject to this Section are made only into tank trucks equipped with vapor
collection equipment that is compatible with the terminal's vapor collection system.

5. The terminal owner or operator shall act to ensure that the terminal's and the tank truck's vapor
collection systems are connected during each loading of a gasoline tank truck at the loading racks
subject to this Section.

6. The vapor collection and liquid loading equipment shall be designed and operated to prevent
gauge pressure in the gasoline tank truck from exceeding 4,500 Pascals (Pa) (450 millimeters
[mm] of water) during product loading. This level shall not be exceeded when measured by the
procedures specified in paragraph (c) (1) of this Section.

7. No pressure-vacuum vent in the bulk gasoline terminal's vapor collection system shall begin to
open at a system pressure less than 4,500 Pa (450 mm of water).

8. Each calendar month, the vapor collection system, the vapor control system, and each loading
rack that loads gasoline tank trucks shall be inspected for total organic compounds liquid or vapor
leaks during product transfer operations. For purposes of this paragraph, detection methods
incorporating sight, sound, or smell are acceptable. Each detection of a leak shall be recorded
and the source of the leak repaired within 15 calendar days after it is detected.

9. The total organic compound emissions to the atmosphere from the vapor collection system due to
the loading of liquid product into gasoline tank trucks shall not exceed 80 milligrams per liter
(mg/L) (4.7 grains per gallon [grain/gal]) of gasoline loaded.

10. Loading of gasoline tank trucks shall be restricted to the use of submerged fill.

c. Test methods and procedures.

1. In determining compliance with paragraph (b) (6) of this Section, the following procedures shall
be used:

i. Calibrate and install a pressure measurement device (liquid manometer or equivalent


instrument) capable of measuring up to 500 millimeters (mm) (20 inches [in.]) of water
gauge pressure with 2.5 mm (0.098 in.) of water precision.

ii. Connect the pressure measurement device to a pressure tap in the terminal's vapor collection
system, located as close as possible to the connection with the gasoline tank truck.

iii. During the performance test, record the pressure every 5 minutes (min) while a gasoline
tank truck is being loaded, and record the highest instantaneous pressure that occurs during
each loading. Every loading position shall be tested at least once during the performance
test.

2. In determining compliance with the mass emission limitation of paragraph (b) (9) of this Section,
the following reference methods shall be used:

i. In determining volume at the exhaust vent:

52
A. Method 2B for combustion vapor control systems.

B. Method 2A for all other vapor control systems.

ii. In determining total organic compounds concentration at the exhaust vent, Method 25A or
25B. The calibration gas shall be either propane or butane.

3. Immediately prior to a performance test required to determine compliance with paragraphs (b) (6)
and (b) (9) of this Section, all potential sources of vapor and liquid leakage from the terminal's
vapor collection system equipment shall be monitored for leaks according to the procedures in
Appendix "F" of this regulation. The monitoring shall be conducted only while a gasoline tank
truck is being loaded. A reading of 10,000 parts per million by volume (ppmv) or greater as
methane shall be considered a leak. All leaks shall be repaired prior to conducting the
performance test.

4. The test procedure for determining compliance with paragraphs (b) (6) and (b) (9) of this Section
is as follows:

i. All testing equipment shall be prepared and installed as specified in the appropriate test
methods.

ii. The time period for a performance test shall be not less than 6 hours, during which at least
300,000 L (80,000 gal) of gasoline are loaded. If the throughput criterion is not met during
the initial 6 hours, the test may be either continued until the throughput criterion is met, or
resumed the next day with another complete 6 hours of testing. As much as possible,
testing should be conducted during the 6-hour period in which the highest throughput
normally occurs.

iii. For intermittent vapor control systems:

A. The vapor holder level shall be recorded at the start of the performance test. The
end of the performance test shall coincide with a time when the vapor holder is at
its original level.
B. At least two startups and shutdowns of the vapor processor shall occur during the
performance test. If this does not occur under automatically controlled operation,
the system shall be manually controlled.

iv. The volume of gasoline dispensed during the performance test period at all loading racks
whose vapor emissions are controlled by the vapor processing system being tested shall be
determined. This volume may be determined from terminal records or from gasoline
dispensing meters at each loading rack.

v. An emission testing interval shall consist of each 5-minute period during the performance
test. For each interval:

A. The reading from each measurement instrument shall be recorded.

B. The volume exhausted and the average total organic compounds concentration in
the exhaust vent shall be determined, as specified in the appropriate test method.
The average total organic compounds concentration shall correspond to the
volume measurement by taking into account the sampling system response time.

vi. The mass emitted during each testing interval shall be calculated as follows:
-6
M ei = 10 KV es Ce
53
where:

Mei =Mass of total organic compounds (milligrams [mg]) emitted during testing interval i.

3
Ves =Volume of air-vapor mixture exhausted (cubic meters [m ]), at standard
conditions.

Ce =Total organic compounds concentration (measured as carbon) at the exhaust vent


(ppmv).

K =Density of calibration gas (milligrams/cubic meter [mg/m3]) at standard


conditions.

=1.83x106 for propane. =2.41x106 for butane.

s =Standard conditions, 20C and 760 millimeters of mercury (mm Hg).

vii. The total organic compounds mass emissions shall be calibrated as follows:

where:

E =Mass of total organic compounds emitted per volume of gasoline loaded, mg/L.

Mei = Mass of total organic compounds emitted during testing interval i, mg.

L = Total volume of gasoline loaded, L.

n = Number of testing intervals.

5. The owner or operator may adjust the emission results to exclude the methane and ethane content
in the exhaust vent by any method approved by the Department.

d. Recordkeeping. The owner or operator of a facility subject to the requirements of this Section shall
maintain the following records in a readily accessible location for at least 5 years and shall make these
records available to the Department upon verbal or written request.

1. The tank truck vapor tightness documentation required under paragraph (b) (3) of this Section
shall be kept on file at the terminal in a permanent form available for inspection.

2. The documentation file for each gasoline tank truck shall be updated at least once per year to
reflect current test results as determined by Method 27. This documentation shall include, at a
minimum, the following information:

i. Test title: Gasoline Delivery Tank Pressure


Test - EPA Reference Method 27.

ii. Tank owner and address.

iii. Tank identification number.

iv. Testing location.


v. Date of test.

54
vi. Tester name and signature.

vii. Witnessing inspector, if any: Name, signature, and affiliation.

viii. Test results: Actual pressure change in 5 min, recorded in mm of water (average for two
runs).

3. A record of each monthly leak inspection required under paragraph (b) (8) of this Section shall be
kept on file at the terminal. Inspection records shall include, at a minimum, the following
information:

i. Date of inspection.

ii. Findings (may indicate no leaks discovered or location, nature, and severity of each leak).

iii. Leak determination method.

iv. Corrective action (date each leak repaired, reasons for any repair interval in excess of
15 calendar days).

v. Inspector name and signature.

4. The terminal owner or operator shall keep documentation of all notifications required under
paragraph (b) (3) (iv) of this Section on file at the terminal.

5. Daily records shall be maintained of gasoline throughput.

e. Reporting. The owner or operator of any facility containing sources subject to this Section shall comply
with the requirements in Section 5 of this regulation.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

1/11/02
Section 26 - Gasoline Dispensing Facility
Stage I Vapor Recovery

a. Applicability.

1. This Section applies to any stationary gasoline storage tank located at any gasoline dispensing facility in the
State of Delaware, except:

i. The following storage tanks shall be subject only to the requirements of paragraph (c)(1)(i) of this
Section:

A. Any stationary gasoline storage tank that is equipped with a floating roof or its equivalent that has
been approved by the Administrator of the U.S. EPA as part of a State Implementation Plan (SIP)
or Federal Implementation Plan (FIP) revision.

B. Any stationary gasoline storage tank with a capacity of less than 550 gallons [gal] used exclusively
for the fueling of farm equipment.

55
C. Any stationary gasoline storage tank with a capacity of less than 2,000 gal that was constructed
prior to January 1, 1979.

D. Any stationary gasoline storage tank with a capacity of less than 250 gal that was constructed after
December 31, 1978.

ii. The storage tank(s) at any gasoline dispensing facility, which never has a throughput of greater than
10,000 gallons of gasoline, shall be subject only to the requirements of paragraphs (c)(1)(i) and (d) of
this Section. The storage tank(s) at any gasoline dispensing facility that ever exceeds this applicability
threshold shall be subject to all of the requirements of this Section, and shall remain subject to these
requirements even if its throughput later falls below the exemption throughput.

2. The requirements of this Section are in addition to all other State and Federal requirements, to include the
permitting requirements of Regulation No. 2 of the State of Delaware "Regulations Governing the Control of
Air Pollution". Any gasoline dispensing facility that is currently subject to any state or federal rule
promulgated pursuant to the Clean Air Act Amendments of 1977 by exceeding an applicability threshold is
and shall remain subject to those provisions.

3. Compliance Schedule

Any stationary gasoline storage tank subject to the requirements of this Section shall be in compliance as
follows:

i. Storage tanks located at any facility that first commences operations:

A. Before November 15, 1990 and having any throughput of at least 100,000 gallons: no later than
November 15, 1993.

B. Before November 15, 1990 and having any throughput of greater than 10,000 gallons but less than
100,000 gallons: no later than November 15, 1994.

C. On or after November 15, 1990 and before May 15, 1993: no later than May 15, 1993.

D. On or after May 15, 1993: upon commencement of operations.

ii. The requirements of paragraph(c)(1)(ii)(E) are effective on and after May 1, 2003.

b. Reserved.

c. Standards.

1. The owner and/or operator of any stationary storage tank that is subject to the requirements of this Section
shall:

i. Load the stationary gasoline storage tank(s)by submerged fill using a drop tube that extends to within
150 mm (5.9 in.) from the bottom of the tank.

ii. Design, install, operate, and maintain a Stage I Vapor Recovery System that operates such that the
vapors displaced by the liquid gasoline are returned to the delivery vessel and transported back to the
bulk plant or terminal.

A. All hoses in the Stage I Vapor Recovery system shall be properly connected.

B. All vapor lines, couplers, and adapters used in the gasoline delivery shall be vapor-tight.

56
C. All adapters and couplers that attach to any vapor line on the storage vessel shall have closures that
seal upon disconnect.

D. Reserved.

E. All Stage I systems shall utilize dual point vapor connections to return vapors from the storage
tank to the delivery truck.

2. The filling of storage tanks subject to the requirements of this Section shall be limited to unloading by vapor-
tight gasoline tank trucks or delivery trucks which:

i. meet all of the requirements of Section 27 of this regulation; and

ii. are equipped with vapor return equipment that is compatible with the Stage I Vapor Recovery
System installed on the storage tank.

d. Recordkeeping. The owner and/or operator of any stationary gasoline storage tank exempted from the
requirements of this Section pursuant to paragraph (a)(1)(ii) of this section shall keep on the facility premises and
in a form acceptable to the Department, records showing monthly throughput. These records shall be retained for
at least 5 years from the date of record, and shall be made immediately available to the Department upon request.

e. Reporting. The owner and/or operator of any facility containing sources subject to this Section shall comply with
the requirements of Section 5 of this regulation.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

1/11/93
Section 27 - Gasoline Tank Trucks

a. Applicability. This Section applies to any gasoline tank truck equipped for gasoline vapor collection. No
exemptions are allowable based on number of gasoline tank trucks or total quantity of volatile organic
compound (VOC) emissions.

b. Standards. Each owner or operator of a gasoline tank truck subject to this Section shall ensure that the
gasoline tank truck:

1. Is a vapor-tight gasoline tank truck as demonstrated by Method 27 of Appendix A of 40 CFR


Part 60.

2. Displays a sticker near the Department of Transportation Certification plate required by 49 CFR
178.340-10b, that:

i. Shows the date that the gasoline tank truck last passed the test required in paragraph (b) (1)
of this Section.

ii. Shows the identification number of the truck tank.

iii. Expires not more than 1 year after the date of the Method 27 test.

57
3. Is maintained with hatches closed at all times except during measurement of product level or
maintenance. Measurement of product level or maintenance shall not be performed during
product loading or unloading.

4. Is connected to vapor recovery equipment during loading and unloading.

c. Monitoring gasoline tank trucks for vapor tightness.

1. The Department may, at any time, monitor a gasoline tank truck by the method referenced in
paragraph (c) (2) to confirm continuing compliance with this Section.

2. Monitoring to confirm the continuing existence of vapor-tight conditions shall be performed


according to the procedures described in Appendix B of the OAQPS Guideline Series document,
"Control of Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection
Systems," EPA-450/2-78-051.

d. Test methods and procedures. The procedures in Method 27, 40 CFR, Part 60, Appendix A, shall be used
to determine compliance with paragraph (b) (1) of this Section.

e. Recordkeeping and reporting requirements.

1. The owner or operator of a gasoline tank truck subject to this Section shall maintain records of all
certification, testing, and repairs. The records shall identify the gasoline tank truck, the date of
the tests or repair, and, if applicable, the type of repair and the date of retest. The records shall be
maintained in a legible, readily available condition for at least 5 years after the date the testing or
repair is completed. These records shall be made available to the Department immediately upon
written or verbal request.

2. The records required by paragraph (e) (1) of this Section shall, at a minimum,
contain:

i. The gasoline tank truck vessel tank identification number.

ii. The initial test pressure and the time of the reading.

iii. The final test pressure and the time of the reading.

iv. The initial test vacuum and the time of the reading.

v. The final test vacuum and the time of the reading.

vi. At the top of each report page, the company name and the date and location of the tests on
that page.
vii. The name and the title of person conducting the test.

3. The owner or operator of a gasoline tank truck subject to this Section shall certify and report to
the Department annually that the gasoline tank truck has been tested by Method 27 as specified in
paragraph (d) of this Section. The certification shall include:

i. The name and address of the company and the name and telephone number of the
responsible company representative under whose signature the certification is submitted.

ii. A copy of the information recorded to comply with paragraph (e) (2) of this Section.

58
4. Copies of all records and reports under this Section shall immediately be made available to the
Department upon verbal or written request.

Extracted from the State of Delawares Regulations Governing the Control Of Air Pollution
REGULATION NO. 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

1/11/02
Section 36 - Gasoline Dispensing Facility
Stage II Vapor Recovery

a. Applicability.

1. This Section applies to any gasoline dispensing facility located in the State of Delaware, except:

i. Any gasoline dispensing facility, which never has a throughput of greater than 10,000 gallons of
gasoline, shall be subject only to the requirements of paragraph (e)(2) of this Section. Any gasoline
dispensing facility that ever exceeds this throughput shall be subject to all of the requirements of this
Section, and shall remain subject to these requirements even if its throughput later falls below the
exemption throughput.

ii. Any gasoline dispensing facility that is used exclusively for refueling marine vehicles, aircraft, farm
equipment, and/or emergency vehicles.

2. On and after May 1, 2003, the requirements of paragraph (f) of this Section apply to any owner and/or
operator of any company that performs compliance testing of Stage II Systems within the State of Delaware.

3. The requirements of this Section are in addition to all other State and Federal requirements, to include the
permitting requirements of Regulation No. 2 of the State of Delaware "Regulations Governing the Control of
Air Pollution." Any gasoline dispensing facility that is currently subject to any state or federal rule
promulgated pursuant to the Clean Air Act Amendments of 1977 by exceeding an applicability threshold is
and shall remain subject to those provisions.

4. Compliance Schedule

Any gasoline dispensing facility subject to the requirements of this Section shall be in compliance as
follows: Any facility that first commences operations:

i. Before November 15, 1990 and that has any throughput of greater than 10,000 gallons but less than
100,000 gallons: by November 15, 1994 for facilities located in New Castle and Kent Counties, and
by November 15, 1996 for facilities located in Sussex.

ii. Before November 15, 1990 and that has any throughput of at least 100,000 gallons: by November
15, 1993 for facilities located in New Castle and Kent Counties, and by November 15, 1995 for
facilities located in Sussex County.

iii. On or after November 15, 1990 and before January 11, 1993: by May 15, 1993 for facilities located
in New Castle and Kent Counties, and by May 15, 1995 for facilities located in Sussex County.

iv. On or after January 11, 1993: upon commencement of operations.

59
5. Any Stage II vapor recovery system installed prior to November 15, 1992, and using dual vapor recovery
hoses (not coaxial) shall be retrofitted with coaxial hoses no later than January 1, 1994, or upon any vapor
system modification, whichever is first. Any system installed after November 15, 1992 shall be equipped
with coaxial hoses.

6. Remote vapor check valves in balance type systems installed prior to November 15, 1992, shall be retrofitted
with check valves located in the nozzle no later than January 1, 1994, or upon any vapor system
modification, whichever is first. Any system installed after November 15, 1992 shall be equipped with
remote check valves located in the nozzle.

b. Definitions

"Assist System" means a system that creates a vacuum to assist the movement of vapors back into the storage tank.

"Balance System" means a system where pressure develops in the vehicle tank during fueling operations, and
vacuum in the storage tank created when the fuel is removed, forces displaced vapors out the vehicle tank and back
into the storage tank.

c. Standards

1. The owner and/or operator of any gasoline dispensing facility subject to the requirements of this Section
shall:

i. Design, install, operate, and maintain one of the Stage II Vapor Recovery Systems identified in
paragraph (g) of this section.

ii. For systems with manifolded vapor lines, the liquid shall return into the lowest octane tank. For
non-manifolded systems with separate vapor lines, the liquid shall return to the tank that has the
same product as is dispensed at the nozzle where the liquid was introduced into the vapor lines.

iii. On and after May 1, 2003, install and maintain a vapor shear valve that functions similarly to the
product shear valve.

iv. Conspicuously post "Operating Instructions" on both sides of each gasoline dispenser. Such
instructions shall include:

A. A clear description of how to correctly dispense gasoline.

B. A warning that repeated attempts to continue dispensing gasoline, after the system has
indicated that the vehicle fuel tank is full (by automatically shutting off), may result in
spillage or recirculation of gasoline.

C. A toll-free telephone number to report problems experienced with the vapor recovery system
to the Department.

2. At least one representative (an owner, facility manager, or designated employee) from each facility, or
facilities under common ownership, shall attend a training program on the operation and maintenance
requirements of the Stage II equipment that is selected for installation and/or installed on their facility
premises. Acceptable forms of training include equipment manufacturer's seminars, classes or workshops, or
any other training approved by the Department.

i. Verification, such as a certificate of attendance from the training program, shall be obtained by the
attendee within three (3) months of the installation of the Stage II system. The certificate shall
display the name of the person who completed the training program.

60
ii. The representative that completed the training program is then responsible for informing all facility
employees about conducting routine maintenance pursuant to paragraph (c)(3) of this section and
about the operation and maintenance of the Stage II system. The representative shall maintain proof
of training for all employees who will be conducting daily inspections. If such representative leaves
that facility, or the company owning several facilities, another representative shall take and
successfully complete the training within three (3) months.

iii. Training shall include, but not be limited to, the following subjects:

A. Purposes and effects of the Stage II Vapor Control Program.

B. Equipment operation and function specific to their facility's equipment.

C. Maintenance schedules and requirements for the facility's equipment.

D. Equipment warranties.

E. Equipment manufacturer contracts (names, addresses, and phone numbers) for parts and
service.

3. Each day personnel trained pursuant to paragraph (c)(2) of this Section shall perform routine maintenance
inspections and record the inspection results.

i. Such inspections shall consist of, but not limited to, inspection of the Stage II system for the
following defects:

A. A faceplate or face cone of a balance or assist system nozzle that does not make a good seal
with a vehicle fill tube, or the accumulated damage to the faceplate or face cone is over 25%
of its surface.

B. A vapor assist system nozzle fitted with an efficiency compliance device that is damaged
over 25% of its surface.

C. A nozzle bellows with a triangular tear measuring inch or more to a side, a hole measuring
inch or more in diameter, or a slit or tear measuring one inch or more in length.

D. A nozzle bellows or efficiency compliance device that is loosely attached to the nozzle body,
not attached by a manufacturer approved method, or a vapor check valve frozen in the open
position.

E. A nozzle liquid shutoff mechanism that malfunctions in any manner, where the spring or
latching knurl is damaged or missing.

F. A nozzle with a vapor check valve that is defective, or a hose with a disconnected or
damaged breakaway.

G. A vapor assist system nozzle spout that is damaged and the vapor collection holes are
obstructed.

H. A dispenser mounted vacuum pump that is not functioning.

I. A vacuum assist system with a central vacuum unit or vapor processing unit that is
inoperative.

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J. A hose retractor that does not fully retract.

K. Any other component required by the Department for use in the system that is missing,
disconnected, or malfunctioning.

ii. The owner and/or operator shall post "Out of Order" signs and "Bag-out" the nozzle associated with
any part of the defective vapor recovery system until said system has been repaired or replaced.

d. Testing Requirements

1. Any gasoline dispensing facility subject to the requirements of paragraph (c)(1)(i) of this Section shall perform
and pass the following tests in accordance with the test methods and procedures stated, or as otherwise
approved by the Department and the Administrator of the EPA. Where any of the following test methods and
procedures, in the opinion of the Department, conflict and/or are redundant with those specified in any
CARB Executive Order adopted by reference in paragraph (g) of this Section, the following test methods and
procedures shall apply.

i. The following tests shall be performed and passed within ten (10) days of installation of the Stage II
vapor recovery system:

A. A Pressure Decay/Leak Test, conducted in accordance with Test Procedure TP-96-1 of the
San Diego Protocol, Revision III dated 3-1-96. This test procedure is hereby incorporated
by reference.

B. A Dynamic Backpressure and Liquid Blockage Test, conducted in accordance with the
procedures in "Recommended Practices for Installation and Testing of Vapor Recovery
Systems at Vehicle Fueling Sites, PEI/RP300-97", Chapter 8. This test procedure is hereby
incorporated by reference.

C. For assist systems, an Air to Liquid Volume Ratio Test conducted in accordance with the
procedures in "Recommended Practices for Installation and Testing of Vapor Recovery
Systems at Vehicle Fueling Sites, PEI/RP300-97", Chapter 9. This test procedure is hereby
incorporated by reference.

D. A Vapor Tie Test, conducted in accordance with Test Procedure TP-96-1 of the San Diego
Protocol, Revision III dated 3-1-96. This test procedure is hereby incorporated by reference.

ii. The following tests shall be performed and passed annually for each Stage II vapor recovery system
according to the test procedures stated in paragraph (d)(1)(i) of this Section:

A. A Pressure Decay/Leak Test.

B. For Balance Systems, A Dynamic Backpressure and Liquid Blockage Test.

C. For Assist Systems, An Air to Liquid Volume Ratio Test.

iii. Any additional testing(s) required by the Department or the manufacturer shall be carried out
according to the schedule stated in any permit issued pursuant to Regulation No. 2.

2. The Department may require the performance of any of the tests identified in paragraph (d)(1) of this Section
at anytime at the owners expense.

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3. Written notification shall be submitted to the Department not less than ten (10) working days prior to the
performance of any compliance test, unless approval by the Department is granted to the contrary.

4. The owner and/or operator and test contractor shall report all test failures to the Department within twenty-
four (24) hours of the failure.

5. The owner and/or operator shall submit the following to the Department within thirty (30) days of the test
date:

i. the actual test date; and

ii. the installing and/or testing companies' name(s), address (es), and phone number(s); and

iii. if any corrective action was performed pursuant to paragraph (f)(4)(ii) then submit all information
specified in (f)(4).

e. Recordkeeping and Reporting

1. The owner and/or operator of a gasoline dispensing facility subject to the requirements of this Section shall
keep on the facility premises and in a form acceptable to the Department, all of the following information.
This information shall be retained for at least three (3) years from the date of record and shall be made
immediately available to the Department upon request.

i. Permits and Applications. Copies of the Stage I and Stage II System permit applications and the
current Construction/Operation Permits shall be permanently maintained.

ii. Installation and Testing Results. The test results shall be dated, and shall note the installing and test
companies' names, addresses, and phone numbers. These records shall be kept on file until they are
replaced with new test results verifying proper functioning of the Stage II system.

iii. Maintenance Records. Any maintenance conducted on any part of the Stage II vapor recovery
system shall be logged on a maintenance record. This maintenance record shall include a general
part description, the date repaired or replaced, the replacement part manufacturer's information, and
a description of the problem and solution.

iv. Inspection Records. A file shall be maintained of all daily inspection reports including records of
daily self-inspections, and any third party inspection records.

v. Compliance Records. A file shall be maintained of all compliance records. This record shall include:

A. Any warning letters and notices of violations issued by the Department to the facility.

B. Proof of attendance and completion of a training program for each person trained in accordance
with paragraph (c)(2)(ii). This does not apply to the records of an employee who is no longer in
service for at least one (1) year.

2. Any gasoline dispensing facility exempted from the requirements of this Section pursuant to paragraph
(a)(1)(i) of this Section shall maintain records of monthly throughput, and shall furnish these records to the
Department upon request. These records shall be maintained on file for a minimum of three years from the
date of record.

3. The owner and/or operator of any facility containing sources subject to this Section shall comply with the
requirements of Section 5 of this regulation.

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f. Compliance Testing Company Requirements

1. Any owner and/or operator of any company that performs Stage II compliance testing within the State of
Delaware shall submit all of the following information to the Department, prior to performing any Stage II
compliance testing within the State of Delaware:

i. The name and business mailing address of the Stage II compliance testing company owner and/or
operator;

ii. The address and telephone number of the facility (ies) from which the daily compliance testing
activities of the compliance testing company originate;

iii. A written description of the employee training systems in place at the compliance testing company to
ensure required compliance tests are performed in accordance with applicable protocols and
procedures.

iv. Certification by an individual who is a responsible and trained representative of the compliance
testing company containing the following language verbatim:

A. I certify that I personally examined and am familiar with the information contained in this
document and all the attachments and that, based on my inquiry of those persons
immediately responsible for obtaining the information, I believe that the information is true,
accurate and complete. I am aware that there are significant penalties for submitting false
information, including possible fines and imprisonment; and

B. Employee training systems are in place at the company to ensure Stage II compliance tests
are performed in accordance with all applicable protocols and procedures; and

C. I am fully authorized to make this attestation on behalf of this Stage II Compliance Testing
Company.

2. Any company subject to the requirements of paragraph (f) of this section shall notify the Department in
writing of any change to any information submitted to the Department within 14 days of the effective date of
such change.

3. No person subject to the requirements of paragraph (f) of this Section shall perform any Stage II compliance
test unless said person has first been trained in accordance to applicable compliance test protocols and
procedures.

4. Any person subject to paragraph (f) of this Section shall certify to the owner and/or operator of the gasoline
dispensing facility that each compliance test performed to meet the requirements of this section was
performed in accordance with paragraph (d) of this Section. Certification shall include:

i. The date each compliance test was first performed and the test results; and

ii. An itemized list of all corrective action performed on the Stage II system. This list shall include, but
not be limited to, component re-installation, tightening, repair or replacement, as necessary, for the
system to pass the applicable test(s); and

iii. The date each compliance test was performed and passed; and

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iv. Certification by a responsible and trained representative(s) of the compliance testing company
containing the following language verbatim:

A. I certify that I personally examined and am familiar with the information contained in this
document and all the attachments and that, based on my inquiry of those persons
immediately responsible for obtaining the information, I believe that the information is true,
accurate and complete. I am aware that there are significant penalties for submitting false
information, including possible fines and imprisonment; and

B. I am fully authorized to make this attestation on behalf of this Stage II Compliance Testing
Company.

g. Approved Stage II Vapor Recovery Systems

The following California Air Resources Board (CARB) executive orders are hereby adopted by reference.
No. & Date Description
G-70-7-AD
(03/22/93)
Certification of the Hasstech Model VCP-2 and VCP 2A Phase II Vapor Recovery System.
G-70-14-AA
(02/08/83)
Recertification of Red Jacket Aspirator Assist Phase II Vapor Recovery System.
G-70-17-AD
(05/06/93)
Modification of Certification of the Emco Wheaton Balance Phase II Vapor Recovery System.
G-70-18-C Modification of Certification of the Shell Model 75B1 and 75B1-R3 Service Station Phase II
(08/28/79) Vapor Recovery System.
G-70-23-AC
(04/29/96)
Recertification of the Exxon Balance Phase II Vapor Recovery System.
G-70-25-AA
(02/08/83)
Recertification of the Atlantic Richfield Balance Phase II Vapor Recovery System.
G-70-33-AB
(03/09/84)
Certification of the Modified Hirt VCS-200 Vacuum Assist Phase II Vapor Recovery System.
G-70-36-AD
(09/18/92)
Modification of Certification of the OPW Balance Phase II Vapor Recovery System.
G-70-37-B Modification of the Certification of the Chevron Balance Phase II Vapor Recovery System
(01/22/80) with OPW nozzles for Service.
G-70-38-AB
(12/19/90)
Recertification of the Texaco Balance Phase II Vapor Recovery System.
G-70-48-AA
(02/08/83)
Recertification of the Mobil Oil Balance Phase II Vapor Recovery System.
G-70-49-AA
(02/08/83)
Recertification of the Union Balance Phase II Vapor Recovery System.
G-70-52-AM Certification of Components for Red Jacket, Hirt and Balance Phase II Vapor Recovery
(10/04/91) System.
G-70-53-AA
(02/08/83)
Recertification of the Chevron Balance Phase II Vapor Recovery System.
G-70-70-AC
(06/23/92)
Certification of the Healy Phase II Vapor Recovery System of Service Stations.
G-70-77 Certification of the OPW Repair/Replacement Parts and Modification of the Certification of
(09/15/82) the OPW Balance Phase II Vapor Recovery System.
G-70-78 Certification of the E-Z Flo Nozzle Company Rebuilt Vapor Recovery Nozzles and Vapor
(05/20/83) Recovery Components.
G-70-101-B Certification of the E-Z Flo Model 3006 and 3007 Vapor Recovery Nozzles and Use of E-Z
(11/15/85) Flo Components with OPW Models 11VC and 11 VE Vapor Recovery Nozzles.
G-70-107 Certification of Rainbow Petroleum Products Model RA3003, RA3005, RA3006 and RA3007
(05/15/86) Vapor Recovery Nozzles and Vapor Recovery Components.
G-70-110
(01/20/87)
Certification of Stage I and II Vapor Recovery Systems for Methanol Fueling Facilities.

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No. & Date Description
G-70-118-AB
(03/31/95)
Certification of Amoco V-1 Vapor Recovery System.
G-70-125-AA Modification of the Certification of the Husky Model V Phase II Balance Vapor Recovery
(03/16/93) Nozzle.
G-70-127
(08/16/90)
Certification of the OPW Model 111-V Phase Vapor Recovery Nozzle.
G-70-134
(12/21/90)
Certification of the EZ Flo Rebuilt A-4000 Series and 11V-Series Vapor Recovery System.
G-70-139
(03/17/92)
Addition to the Certification of the Hirt Model VCS-200 Phase II Vapor Recovery System.
G-70-150-AE
(07/12/00)
Modification of the Certification of the Gilbarco VaporVac Phase II Vapor Recovery System.
G-70-153-AD Modification to the Certification of the Dresser/Wayne WayneVac Phase II Vapor Recovery
(04/03/00) System.
G-70-154-AA
(06/10/97)
Modification to the Certification of the Tokheim MaxVac Phase II Vapor Recovery System.
G-70-159-AB Modifiaction of the Certification of the Saber Nozzle for Use with the Gilbarco VaporVac
(07/17/95) Phase II Vapor Recovery System.
G-70-163-AA
(09/04/96)
Certification of the OPW VaporEZ Phase II Vapor Recovery System.
G-70-164-AA Modification to the Certification of the Hasstech VCP-3A Vacuum Assist Phase II Vapor
(12/10/96) Recovery System.
G-70-165
(04/20/95)
Healy Vacuum Assist Phase II Vapor Recovery System.
G-70-169-AA Modification to the Certification of the Franklin Electric INTELLIVAC Phase II Vapor
(08/11/97) Recovery System.
G-70-170 Certification of the EZ-flo Rebuilt 5005 and 5015 for use with the Balance Phase II Vapor
(02/22/96) Recovery System.
G-70-177-AA
(06/22/00)
Certification of the VCS400-7 Vacuum Assist Phase II Vapor Recovery System.
G-70-179
(07/02/97)
Certification of the Catlow ICVN-V1 Vacuum Assist Phase II Vapor Recovery System.
G-70-180 Order Revoking Certification of the Healy Phase II Vapor Recovery Systems for Gasoline
(04/17/97) Dispensing Systems.
G-70-183
(03/04/98)
Certification of the Healy/Franklin Vacuum Assist Phase II Vapor Recovery System.
G-70-186
(10/26/98)
Certification of the Healy Model 400 ORVR Vapor Recovery System.
G-70-188 Certification of the Catlow ICVN Vapor Recovery Nozzle System for use with the Gilbarco
(05/18/99) VaporVac Vapor Recovery System.
G-70-191 Healy/Franklin VP-1000 Vapor Pump Phase II Vapor Recovery System (Healy ORVR Phase
(08/08/99) II Vapor Recovery System).
G-70-196
(12/30/00)
Certification of the Saber Technologies, LLC SaberVac VR Phase II Vapor Recovery System.

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