7 Del. Admin. Code § 1144
1100 Division of Air Quality
1144 Control of Stationary Generator Emissions
01/11/2006
1.2 Applicability.
1.2.1 This regulation applies to new and existing, emergency and distributed, stationary generators, except for:
1.3 Dates
1.3.2 The owner of an existing stationary generator shall submit the information required in 1.4 of this regulation no later than April 11, 2006.
1.3.4 The owner of an existing, distributed generator may request, and the Department may grant, an extension of the April 1, 2007 compliance date, up to one(1)year, if the owner demonstrates to the Department’s satisfaction that additional compliance time is necessary by providing an analysis to the Department which:
1.4 Initial Notification.
1.4.1 The owner of a stationary generator shall submit to the Department the following information:
1.4.2 The owner of a stationary generator shall submit to the Department a letter stating whether the generator is to be classified as an emergency generator or a distributed generator.
01/11/2006
The following words and terms, when used in this regulation, shall have the following meanings:
“Biodiesel”means a renewable fuel for diesel engines derived from natural oils like soybean oil, and which meets the specifications of ASTM D 6751-03a, “Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels,” ASTM International, hereby incorporated by reference.
“Biodiesel Blend”means a blend of biodiesel and diesel fuel, designated BXX, where XX represents the volume percentage of biodiesel fuel in the blend. Pure biodiesel is designated as B100.
“Combined heat and power”or“CHP”means a generator that sequentially produces both electric power and thermal energy from a single source, where the thermal energy is wholly or partly used for either industrial processes or other heating or cooling purposes.
“Combustion turbine”means an internal combustion engine in which expanding gases from the combustion chamber drive the blades of a turbine to generate mechanical energy in the form of a rotating shaft.
“Commercial poultry producing premises”means any location in the State of Delaware where live, commercial poultry (i.e., poultry wholly owned by a corporate enterprise that controls the entire growing cycle of the birds, from the breeder flock to the processing plant) is kept.
“Department”means Department of Natural Resources and Environmental Control as defined in 29Del.C.Ch 80, as amended.
“Design system efficiency”means for CHP, the sum of the full load design thermal output and electric output divided by the heat input.
“Diesel fuel”means any fuel sold in any state or Territory of the United States and suitable for use in diesel motor vehicles, diesel motor vehicle engines, or diesel nonroad engines, and which is commonly or commercially known or sold as diesel fuel.
“Digester gas”means gas generated by the anaerobic digestion of organic wastes, which include, but are not limited to, livestock manure, industrial wastewater, or food processing waste.
“Distributed generator”means a stationary generator that may be used during an emergency, during testing, and for maintenance purposes, as well as for any other purpose at times other than during an emergency.
“Emergency”means:
•an electric power outage due to: a failure of the electrical grid; on-site disaster; local equipment failure; or public service emergencies such as flood, fire, natural disaster, or severe weather conditions (e.g., hurricane, tornado, blizzard, etc.); or
•when there is a deviation of voltage or frequency from the electrical provider to the premises of 3% or greater above, or 5% or greater below, standard voltage or frequency.
“Emergency generator”means a stationary generator used only during an emergency, during testing, and for maintenance purposes. An emergency generator may not be operated in conjunction with a voluntary demand-reduction program or any other interruptible power supply arrangement with a utility, other market participant, or system operator (e.g., Delmarva Power, Delaware Electric Cooperative, PJM, etc.).
“Existing”means a generator which is not new. An existing generator shall not be considered new if it is relocated and reinstalled on the same property, nor if it is reclassified from an emergency generator to a distributed generator or vice versa.
“Gaseous fuel”means a fuel which is neither solid nor liquid, and includes but is not limited to natural gas, propane, landfill gas, waste gas, and anaerobic digester gas.
“Generator”means an internal combustion engine, except for a combustion turbine, and associated equipment that converts primary fuel (including fossil fuels and renewable fuels) into electricity, or electricity and thermal energy. Use of the term “generator” in this regulation shall refer to any and all generators subject to the requirements of this regulation unless the type of generator being referred to is otherwise specified.
“Installation”and“install”mean:
•for generators which are not required to obtain a permit, the date upon which the emplacement of a generator is commenced; or
•for generators which are required to obtain a permit, the date upon which the owner has all necessary preconstruction approvals or permits and either has:
•begun, or caused to begin, a continuous program of actual on-site emplacement of the generator, to be completed within a reasonable time; or
•entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner, to undertake a program of actual emplacement of the generator to be completed within a reasonable time.
“Landfill gas”means gas generated by the decomposition of organic waste deposited in a landfill (including municipal solid waste landfills) or derived from the evolution of organic compounds in the waste.
“Maintenance”means the recurrent, periodic, or scheduled work necessary to repair, prevent damage, or sustain existing components of a generator or any ancillary equipment associated with its use.
“Mobile”means a generator powered by an internal combustion engine that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as converting primary fuel into electricity, or electricity and thermal energy); is intended to be propelled while performing its function; or that, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another (i.e., a generator which is not stationary).
“New”means a generator which is installed or repowered on or after January 11, 2006.
“Owner”means the owner of, or person responsible for, a generator.
“Power to heat ratio”means, for a CHP unit, the design electrical output divided by the design recovered thermal output in consistent units.
“Prime power rating”means the maximum amount of power a generator is capable of supplying during continuous duty, as specified by the manufacturer.
“Repower”means the replacement of the internal combustion engine of a generator with another internal combustion engine.
“Standby power rating”means the amount of power a generator is capable of supplying during a power outage for the duration of the interruption, as specified by the manufacturer.
“Stationary”means a generator powered by an internal combustion engine which is not propelled or intended to be propelled while performing its function, that is used either in a fixed application, or in a portable (or transportable) application in which the engine will stay at a single location on a property (which includes the land, the buildings, and all improvements thereon) for more than 12 consecutive months (i.e., a generator which is not mobile). Any stationary generator which is moved from one location to another in a deliberate attempt to circumvent the residence time requirement of 12 consecutive months shall be deemed stationary.
“Supplier”means a person or firm that manufactures, assembles, or otherwise supplies generators.
“Testing”means determining the capability of a generator to meet the specified requirements of this regulation or determining if the generator and any ancillary equipment associated with its use are functioning correctly.
“US EPA”means the United States Environmental Protection Agency.
“Waste gas”means manufacturing or mining byproduct gases that are not used and are otherwise flared or incinerated. A manufacturing or mining byproduct is a material that is not one of the primary products of a particular manufacturing or mining operation, is a secondary and incidental product of the particular operation, and would not be solely and separately manufactured or mined by the particular manufacturing or mining operation. The term does not include an intermediate manufacturing or mining product which results from one of the steps in a manufacturing or mining process and is typically processed through the next step of the process within a short time.
01/11/2006
A generator shall not exceed the following standards (in pounds per megawatt-hour (lbs/MWh) of electricity output) under full load design conditions or at the load conditions specified by the applicable testing methods.
3.1 Emergency generator.
3.2 Distributed generator. The following standards do not apply to distributed generators while operating to provide emergency electric power during an emergency.
3.2.1 Existing distributed generator.
3.2.1.1 Except as provided for in 3.2.1.2 of this regulation, an existing distributed generator shall meet the following emission standards:
| Emission Standard | |
| Pollutant | (lbs/MWh) |
| Nitrogen Oxides | 4.0 |
| Nonmethane Hydrocarbons | 1.9 |
| Particulate Matter (liquid-fueled reciprocating engines only) | 0.7 |
| Carbon Monoxide | 10.0 |
| Carbon Dioxide | 1,900 |
3.2.1.2 As an alternative to the owner of an existing distributed generator installed on commercial poultry producing premises, to generate electricity to those premises, the generator shall be exempt from the emission standards of 3.2.1.1 of this regulation if one of the following requirements are met:
3.2.2 New distributed generator.
3.2.2.1 Except as provided for in 3.2.2.2 of this regulation, a new distributed generator shall meet the following emission standards:
| Emission Standards (lbs/MWh) | |||
| Installed On or | Installed On or | Installed On or | |
| Pollutant | After January 1, 2008 | After January 1, 2008 | After January 1, 2012 |
| Nitrogen Oxides | 2.2 | 1.0 | 0.6 |
| Nonmethane Hydrocarbons | 0.5 | 0.5 | 0.3 |
| Particulate Matter(liquid-fueled reciprocating engines only) | 0.7 | 0.7 | 0.07 |
| Carbon Monoxide | 10.0 | 10.0 | 2.0 |
| Carbon Dioxide | 1,900 | 1,900 | 1,650 |
3.2.2.2 A new distributed generator that uses waste, landfill, or digester gases shall be exempt from the emission standards of 3.2.2.1 of this regulation and shall meet the following emission standards:
| Emission Standards (lbs/MWh) | |
| Pollutant | Installed on or After January 1, 2008 |
| Nitrogen Oxides | 2.2 |
| Nonmethane Hydrocarbons | 0.7 |
| Carbon Monoxide | 10.0 |
| Carbon Dioxide | 1,900 |
3.3 By January 11, 2010 the Department shall complete a review of the state of, and expected changes in, technology and emissions rates; as well as a review of generators operating within the State of Delaware, and their emissions. This review shall be used by the Department in considering whether these standards in this regulation should be amended, or new standards adopted, to ensure the continued improvement of the ambient air quality of the State of Delaware. Any amendment to these standards shall be in accordance with the requirements of7 Del.C. Ch 60and29 Del.C. Ch 101.
01/11/2006
4.5 Despite of this regulation, an emergency generator may be tested on any day that such testing is required to meet National Fire Protection Association (NFPA) or Joint Commission on Accreditation of Healthcare Organizations (JCAHO) standards.
01/11/2006
5.3 Waste, landfill, or digester gases combusted in a generator on or after April 11, 2006 shall contain no more than ten grains total sulfur per 100 dry standard cubic feet (170 ppmv total sulfur) on a daily average. An alternative total sulfur limit for waste, landfill, or digester gases shall be allowed based upon a case-by-case determination.
01/11/2006
6.1 Record-Keeping Requirements. The owner of a generator shall maintain the following records on the property where the generator is installed, or at such other readily accessible location that the Department approves in writing:
6.1.4 Except as provided for in 6.1.5 of this regulation, for each shipment of liquid fuel (other than liquefied petroleum gas), received for use in a generator, a shipping receipt and certification shall be obtained from the fuel distributor which identifies:
6.1.5 As an alternative to 6.1.4 of this regulation, the owner may have the fuel in the generator's fuel tank certified by a third party laboratory, after each shipment of liquid fuel. This certification shall identify:
6.2 Availability of Records. The owner shall maintain each record required by 6.1 of this regulation for a minimum of five years after the date the record is made. The owner may retain hard copies (e.g., paper) or electronic copies (e.g., compact discs, computer disks, magnetic tape, etc.) of the records. An owner shall promptly provide the original or a copy of a record or records to the Department upon request.
01/11/2006
7.1 Emissions Certification of New Distributed Generators by a Supplier. A supplier may seek to certify that its generators, which are meant to be installed as new distributed generators, meet the provisions of this regulation.
7.1.1 Certification Process. Emissions of nitrogen oxides, nonmethane hydrocarbons, particulate matter, carbon monoxide, and carbon dioxide from the generator shall be certified in pounds of emissions per megawatt hour (lb/MWh) at International Organization for Standardization (ISO) conditions or at the load conditions specified by the applicable testing methods in Emissions. Compliance with this regulation shall be demonstrated through testing using the applicable EPA Reference Methods, California Air Resources Board methods, or equivalent test methods approved by the Department if: of this regulation. If the design of a certified generator is modified, the generator will need to be re-certified. Certification means that a generator meets the required emissions standards of this regulation and can be installed, as supplied, for use as a distributed generator. With respect to nitrogen oxides, nonmethane hydrocarbons, carbon monoxide, and carbon dioxide, test results from EPA Reference Methods, California Air Resources Board methods, or equivalent testing may be used to verify this certification. When testing the output of particulate matter from liquid-fuel reciprocating engines, ISO Method 8178 shall be used. Test results shall be provided upon request to the Department. A statement attesting to certification shall be displayed on the nameplate of the unit or on a label attached to the unit with the following text:
This generator has met the standards defined by 7DE Admin. Code1144 and is certified as meeting applicable emission levels when it is maintained and operated in accordance with the supplier’s instructions.
7.3 Emissions Verification by an Owner. An owner shall verify, by each generator’s respective compliance date as detailed in 1.3 of this regulation, that a generator complies with its respective emission requirements of 3.0 of this regulation by submitting any or all of the following types of data to the Department for review:
7.5 Testing
7.5.1 Emissions. Compliance with this regulation shall be demonstrated through testing using the applicable EPA Reference Methods, California Air Resources Board methods, or equivalent test methods approved by the Department if:
7.5.2 Sulfur Content.
7.7 This regulation is enforceable by the Department as provided by law.
01/11/2006
8.1 Flared Fuels. If a generator uses fuel that would otherwise be flared (i.e., not used for generation or other energy related purpose), the emissions that were or would have been produced through the flaring can be deducted from the actual emissions of the generator, for the purposes of calculating compliance with the requirements of this regulation. If the actual emissions from flaring can be documented, they may be used as the basis for calculating the credit, subject to the approval of the Department. If the actual emissions from flaring cannot be documented, then the following default values shall be used:
| Emissions | Waste, Landfill, |
| Digester Gases | |
| Nitrogen Oxides | 0.1 lbs/MMBtu |
| Particulate Matter | N/A |
| Carbon Monoxide | 0.7 lb/MMBtu |
| Carbon Dioxide | 117 lb/MMBtu |
8.2 Combined Heat and Power.
8.2.1 CHP installations shall meet the following requirements to be eligible for emissions credits related to thermal output:
8.2.2 A CHP system that meets the requirements of CHP installations shall meet the following requirements to be eligible for emissions credits related to thermal output: of this regulation may receive a compliance credit against its actual emissions based on the emissions that would have been created by a conventional separate system used to generate the same thermal output. The credit shall be subtracted from the actual generator emissions for purposes of calculating compliance with the limits in 3.1 or 3.2 of this regulation. The credit will be calculated according to the following assumptions and procedures:
8.2.2.1 The emission rates for CHP facilities that replace existing thermal systems (e.g., boiler) for which historic emission rates can be documented shall be the historic emission rates in lbs/MMBtu, but not more than the emission rates for new facilities that displace a thermal system, which are:
| Emissions | Maximum Rate |
| Nitrogen Oxides | 0.2 lbs/MMBtu |
| Particulate Matter | N/A |
| Carbon Monoxide | 0.08 lbs/MMBtu |
| Carbon Dioxide | 117 lbs/MMBtu |
8.2.2.6 The mathematical calculations set out in 8.2.2.1 through 8.2.2.4 of this regulation are expressed in the following formula:
(8-1)
8.3 Non-Emitting Resources. When electricity generation that does not produce any of the emissions regulated herein is installed and operated simultaneously at the facility where the generator is installed and operated, then the electricity savings supplied by the non-emitting electricity source shall be added to the electricity supplied by the generator for the purposes of calculating compliance with the requirements of this regulation, subject to the approval of the Department and in accordance with the following formula for determining such savings:
(8-2)
where
RateEF= effective emission rate of generator, accounting for non-emitting
resource or sources (lb/MWh);
RateA= actual emission rate of generator alone (lb/MWh);
SizeA= actual prime power rating of generator (MW);
SizeNER= total generating capacity of non-emitting resource or sources (MW).
01/11/2006
The provisions of 1.2.1.5 and 1.2.2 of this regulation apply to the following stations: