7 Del. Admin. Code § 170
17.1 Applicability.
17.1.3 The provisions of 17.0 of this regulation apply to each new and existing prepared feeds manufacturing affected source. A prepared feeds manufacturing affected source is the collection of all equipment and activities necessary to produce animal feed from the point in the process where a material containing chromium or a material containing manganese is added, to the point where the finished animal feed product leaves the facility. This includes, but is not limited to, areas where a material containing chromium or a material containing manganese is stored, areas where a material containing chromium or a material containing manganese is temporarily stored prior to addition to the feed at the mixer, mixing, and grinding processes, pelleting and pellet cooling processes, packing and bagging processes, crumblers and screens, bulk loading operations, and all conveyors and other equipment that transfer the feed materials throughout the manufacturing facility.
17.1.6 The facilities identified in 17.1.6.1 and 17.1.6.2 of this regulation are exempt from the provisions of 17.0 of this regulation.
17.2 Definitions.
Unless defined below, all terms in 17.0 of this regulation have the meaning given them in the Act or in 3.2 of this regulation.
“Animal feed”includes: dehydrated alfalfa meal; alfalfa prepared as feed for animals; cubed alfalfa; chopped, crushed, or ground barley feed; prepared bird feed; blended animal feed; bone meal prepared as feed for animals and fowls; cattle feeds, supplements, concentrates, and premixes; prepared chicken feeds; cattle feed citrus pulp; complete livestock feed; custom milled animal feed; dairy cattle feeds supplements, concentrates, and premixes; earthworm food and bedding; animal feed concentrates; animal feed premixes; animal feed supplements; prepared animal feeds; specialty animal (e.g., guinea pig, mice, mink) feeds; fish food for feeding fish; custom ground grains for animal feed; cubed hay; kelp meal and pellets animal feed; laboratory animal feed; livestock feeds, supplements, concentrates and premixes; alfalfa meal; livestock micro and macro premixes; mineral feed supplements; animal mineral supplements; pet food; poultry feeds, supplements, and concentrates; rabbit food; shell crushed and ground animal feed; swine feed; swine feed supplements, concentrates, and premixes; and prepared turkey feeds. Feed products produced for dogs and cats are not considered animal feed for the purposes of 17.0 of this regulation.
“Average daily feed production level”means the average amount of animal feed products produced each day over an annual period. For existing sources, the initial average daily feed production level is based on the average daily feed production level determination for the period of January 5, 2011 through January 4, 2012. For new sources, the initial average daily feed production level is based on the design rate. Subsequently, average daily feed production levels are determined annually and are based on the amount of animal feed products produced in a calendar year divided by the number of days in which the production processes were in operation.
“Cyclone”means a mechanically aided collector that uses inertia to separate particulate matter from the gas stream as it spirals through the cyclone.
“Deviation”means any instance in which an affected source, subject to 17.0 of this regulation, or an owner or operator of such a source fails to meet any applicable requirement or obligation established in 17.0.
“Material containing chromium”means a material that contains chromium (Cr, atomic number 24) in amounts greater than or equal to 0.1% by weight.
“Material containing manganese”means a material that contains manganese (Mn, atomic number 25) in amounts greater than or equal to 1.0% by weight.
“Pelleting operations”means all operations that make pelleted animal feed, including but not limited to, steam conditioning, die-casting, drying, cooling, crumbling, and granulation.
“Prepared feeds manufacturing facility”means a facility that is primarily engaged in manufacturing animal feed. A facility is primarily engaged in manufacturing animal feed if the production of animal feed comprises greater than 50% of the total production of the facility on an annual basis. Facilities primarily engaged in raising or feeding animals are not prepared feed manufacturing facilities. Facilities engaged in the growing of agricultural crops that are used in the manufacturing of animal feed are not considered prepared feeds manufacturing facilities.
“Research and laboratory facility”means any stationary source whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for commercial sale in commerce, except in a de minimis manner.
17.3 Compliance dates.
17.4 Management practices and standards.On and after the applicable compliance date as defined in 17.3 of this regulation, the owner or operator of an affected source subject to the provisions of 17.0 of this regulation shall be in compliance with the applicable management practices and standards in 17.4.1 through 17.4.4 of this regulation at all times. For pelleting operations at new prepared feeds manufacturing facilities with an average daily feed production level exceeding 50 tons per day, the owner or operator shall also be in compliance with the requirements in 17.4.5 of this regulation at all times. For pelleting operations at existing prepared feeds manufacturing facilities with an average daily feed production level exceeding 50 tons per day, the owner or operator shall also be in compliance with the requirements in 17.4.6 of this regulation at all times.
17.4.1 In all areas of the affected source where materials containing chromium or materials containing manganese are stored, used, or handled, the owner or operator shall be in compliance with the management practices in 17.4.1.1 and 17.4.1.2 of this regulation.
17.4.1.1 The owner or operator shall perform housekeeping measures to minimize excess dust. These measures shall include, but not be limited to, the practices specified in 17.4.1.1.1 through 17.4.1.1.3 of this regulation.
17.4.4 For the bulk loading process where materials containing chromium or materials containing manganese are loaded into trucks or railcars, the owner or operator shall lessen fugitive emissions by reducing the distance between the loadout spout and the vehicle being loaded by being in compliance with either 17.4.4.1 or 17.4.4.2 of this regulation.
17.4.5 For the pelleting operations at new prepared feeds manufacturing facilities with an average daily feed production level exceeding 50 tons per day, the owner or operator shall capture emissions and route them to a cyclone designed to reduce emissions of particulate matter by 95% or greater. The owner or operator shall also comply with the provisions in 17.4.5.1 through 17.4.5.3 of this regulation.
17.4.5.1 The owner or operator shall demonstrate that the cyclone is designed to reduce emissions of particulate matter by 95% or greater using one of the methods specified in 17.4.5.1.1 through 17.4.5.1.3 of this regulation.
17.4.5.2 The owner or operator shall establish an inlet flow rate, inlet velocity, pressure drop, or fan amperage range that represents proper operation of the cyclone in accordance with the applicable requirement in 17.4.5.2.1, 17.4.5.2.2, or 17.4.5.2.3 of this regulation.
17.5 Monitoring requirements.
17.5.2 If the owner or operator of an affected source is required by 17.4.5 or 17.4.6 of this regulation to install and operate a cyclone to control emissions from pelleting operations, the owner or operator shall be in compliance with the inspection and monitoring requirements in 17.5.2.1 and either 17.5.2.2 or 17.5.2.3 of this regulation, whichever is applicable.
17.6 Test method and procedures.
17.6.3 The owner or operator shall calculate the particulate matter reduction, PM RED, using equation 17-1.
| PM RED = ((MINLET – MOUTLET) / (MINLET)) x 100 | (17-1) |
where:
PM RED = particulate matter reduction, percent.
MINLET = mass rate of particulate matter at the inlet of the cyclone, dry basis, corrected to standard conditions, g/min.
MOUTLET = mass rate of particulate matter at the outlet of the cyclone, dry basis, corrected to standard conditions, g/min.
17.7 Notification requirements.The owner or operator of an affected source shall submit the notifications specified in 17.7.1, 17.7.2, and, if applicable, 17.7.3 of this regulation.
17.7.1 Initial notification. The owner or operator of an existing affected source shall submit an initial notification to the Department no later than December 11, 2012. The owner or operator of a new or reconstructed affected source shall submit an initial notification to the Department no later than December 11, 2012 or 120 days after startup, whichever is later. The owner or operator of facility that commences to use a material containing chromium or a material containing manganese after the compliance dates in 17.3.1 or 17.3.2 of this regulation shall submit an initial notification to the Department no later than 120 days after the date that the owner or operator commenced using a material containing chromium or a material containing manganese. The initial notification shall include the information specified in 17.7.1.1 through 17.7.1.5 of this regulation.
17.7.2 Notification of compliance status. The owner or operator of an existing affected source shall submit a notification of compliance status to the Department in accordance with 3.9.8 of this regulation no later than December 11, 2012. The owner or operator of a new affected source shall submit a notification of compliance status to the Department no later than December 11, 2012 or within 120 days of initial startup, whichever is later. The owner or operator of a source that becomes an affected source in accordance with 17.1.3.1 of this regulation after the applicable compliance date in 17.3.1 or 17.3.2 of this regulation shall submit a notification of compliance status to the Department within 120 days of the date that the owner or operator commenced using materials containing chromium or materials containing manganese. The notification of compliance status shall include the information specified in 17.7.2.1 and 17.7.2.2 of this regulation and the information specified in 17.7.2.3 through 17.7.2.5 of this regulation, if applicable.
17.7.3 Notification of change of status. If the owner or operator ceases to use materials containing chromium and materials containing manganese afterDecember 11, 2012, the owner or operator shall submit a notification of change of status to the Department as soon as practicable after ceasing to use materials containing chromium and materials containing manganese in accordance with 17.1.3.2 of this regulation. The notification of change of status shall include the information specified in 17.7.3.1 and 17.7.3.2 of this regulation.
17.8 Reporting requirements. By March 1 of each year, the owner or operator of an affected source shall prepare an annual compliance certification report for the previous calendar year containing the information specified in 17.8.1 through 17.8.6 of this regulation. If a deviation occurred during the previous calendar year as reported in accordance with 17.8.3, 17.8.4, or 17.8.5 of this regulation or if a change occurred under 17.8.6 of this regulation, the owner or operator shall submit the annual compliance certification report for the previous calendar year to the Department by March 1.
17.9 Recordkeeping requirements.
17.9.1 The owner or operator shall maintain the records specified in 17.9.1.1 through 17.9.1.6 of this regulation.
17.9.1.3 For each device or any other means to minimize the distance between the loadout spout and the vehicle being loaded used to comply with the requirements in 17.4.4 of this regulation, the records of all inspections conducted to comply with 17.5.1 of this regulation, including the information specified in 17.9.1.3.1 through 17.9.1.3.3 of this regulation.
17.9.1.4 The owner or operator of a new source that is subject to 17.4.5 of this regulation shall keep the records specified in 17.9.1.4.1 through 17.9.1.4.5 of this regulation.
17.9.1.4.1 If the owner or operator is using the manufacturer’s specifications to demonstrate that the cyclone is designed to reduce the emissions of particulate matter by 95% or greater in accordance with 17.4.5.1.1 of this regulation, the records specified in 17.9.1.4.1.1 through 17.9.1.4.1.3 of this regulation.
17.9.1.4.2 If the owner or operator is using the certification by a professional engineer or responsible official to demonstrate that the cyclone is designed to reduce the emissions of particulate matter by 95% or greater in accordance with 17.4.5.1.2 of this regulation, the records specified in 17.9.1.4.2.1 through 17.9.1.4.2.3 of this regulation.
17.9.1.4.3 If the owner or operator is using the results of a performance test to demonstrate that the cyclone is designed to reduce the emissions of particulate matter by 95% or greater in accordance with 17.4.5.1.3 of this regulation, the records specified in 17.9.1.4.3.1 through 17.9.1.4.3.3 of this regulation.
17.9.1.4.4 Records of all quarterly inspections conducted to comply with 17.5.2.1 of this regulation, including the information specified in 17.9.1.4.4.1 through 17.9.1.4.4.3 of this regulation.
17.9.1.5 The owner or operator of an existing source that is subject to 17.4.6 of this regulation shall keep the records in 17.9.1.5.1 and 17.9.1.5.2 of this regulation.
17.9.1.5.1 Records of all quarterly inspections conducted to comply with 17.5.2.1 of this regulation, including the information specified in 17.9.1.5.1.1 through 17.9.1.5.1.3 of this regulation.
17.9.1.5.2 Records of all weekly visual inspections of the operating cyclone conducted to comply with 17.5.2.3 of this regulation, including the information specified in 17.9.1.5.2.1 through 17.9.1.5.2.3 of this regulation.
17.11 [Reserved].
Table 17-1 - Applicability of 3.0 to 17.0 of this Regulation
| General | |||
| Provision | Applies to | ||
| Reference | 17.0 | Comment | |
| 3.1.1.1 | Yes | Additional terms defined in 17.2 of this regulation; when overlap between 3.0 and 17.0 of this regulation occurs, 17.0 takes precedence. | |
| 3.1.1.2 - 3.1.1.3 | Yes | ||
| 3.1.1.4 | Yes | 17.0 of this regulation clarifies the applicability of each provision in 3.0 of this regulation to sources subject to 17.0. | |
| 3.1.1.5 | No | Reserved. | |
| 3.1.1.6 | Yes | ||
| 3.1.1.7 - 3.1.1.9 | No | Reserved. | |
| 3.1.1.10 - 3.1.1.12 | Yes | ||
| 3.1.1.13 - 3.1.1.14 | No | Reserved. | |
| 3.1.2.1 - 3.1.2.3 | Yes | Applicability of 17.0 of this regulation is also specified in 17.1 of this regulation. | |
| 3.1.3.1 | Yes | 17.0 of this regulation clarifies the applicability of each paragraph in 3.0 of this regulation to sources subject to 17.0. | |
| 3.1.3.2 | Yes | 17.1.7 of this regulation exempts area sources from the obligation to obtain Title V operating permits. | |
| 3.1.3.3 - 3.1.3.4 | No | Reserved. | |
| 3.1.3.5 | Yes | ||
| 3.1.4 | No | Reserved. | |
| 3.1.5 | Yes | 17.1.7 of this regulation exempts area sources from the obligation to obtain Title V operating permits. | |
| 3.2 | Yes | Additional terms defined in 17.2 of this regulation; when overlap between 3.0 and 17.0 of this regulation occurs, 17.0 takes precedence. | |
| 3.3 | Yes | ||
| 3.4.1.1 - 3.4.1.2 | Yes | ||
| 3.4.1.3 - 3.4.1.5 | No | Reserved. | |
| 3.4.2 - 3.4.2.2 | Yes | ||
| 3.4.2.3 | No | Reserved. | |
| 3.4.3 | Yes | ||
| 3.5.1 - 3.5.1.1 | No | ||
| 3.5.1.2 | Yes | ||
| 3.5.2 - 3.5.2.2 | No | ||
| 3.5.2.3 | No | Reserved. | |
| 3.5.2.4 | No | ||
| 3.5.2.5 | No | Reserved. | |
| 3.5.2.6 | No | ||
| 3.5.3 | No | Reserved. | |
| 3.5.4.1.1 - 3.5.4.1.2.8 | No | ||
| 3.5.4.1.2.9 | No | Reserved. | |
| 3.5.4.1.2.10 - 3.5.6.1.1 | No | ||
| 3.5.6.1.2 - 3.5.6.1.4 | No | Reserved. | |
| 3.5.6.2 | No | ||
| 3.6.1 - 3.6.2.5 | Yes | 17.3 of this regulation specifies the compliance dates. | |
| 3.6.2.6 | No | Reserved. | |
| 3.6.2.7 | Yes | ||
| 3.6.3.1 - 3.6.3.2 | Yes | 17.3 of this regulation specifies the compliance dates. | |
| 3.6.3.3 - 3.6.3.4 | No | Reserved. | |
| 3.6.3.5 | Yes | ||
| 3.6.4 | No | Reserved. | |
| 3.6.5.1 | No | Standards apply at all times, including during startup, shutdown, and malfunction events. | |
| 3.6.5.2 | No | Reserved. | |
| 3.6.5.3 | No | Standards apply at all times, including during startup, shutdown, and malfunction events. | |
| 3.6.6.1 | No | Standards apply at all times, including during startup, shutdown, and malfunction events. | |
| 3.6.6.2 - 3.6.6.3 | Yes | ||
| 3.6.7 | Yes | ||
| 3.6.8 | No | Standards apply at all times, including during startup, shutdown, and malfunction events. | |
| 3.6.9 - 3.6.9.6.1.2.1 | Yes | ||
| 3.6.9.6.1.2.2 | No | Reserved. | |
| 3.6.9.6.1.2.3 - 3.6.9.6.1.2.4 | Yes | ||
| 3.6.9.6.1.3 - 3.6.9.6.1.4 | No | Reserved. | |
| 3.6.9.6.2 - 3.6.9.14 | Yes | ||
| 3.6.9.15 | No | Reserved. | |
| 3.6.9.16 | Yes | ||
| 3.6.10 | Yes | ||
| 3.7.1 - 3.7.1.2 | Yes | ||
| 3.7.1.2.1 - 3.7.1.2.7 | No | Reserved. | |
| 3.7.1.2.8 - 3.7.8 | Yes | ||
| 3.8.1.1 – 3.8.1.2 | Yes | ||
| 3.8.1.3 | No | Reserved. | |
| 3.8.1.4 - 3.8.7.5 | Yes | ||
| 3.9.1 - 3.9.1.4 | Yes | ||
| 3.9.1.4.1 | No | Reserved. | |
| 3.9.1.4.2 - 3.9.2.2.5 | Yes | ||
| 3.9.2.3 | No | Reserved. | |
| 3.9.2.4 - 3.9.2.4.1 | Yes | ||
| 3.9.2.4.2 - 3.9.2.4.4 | No | Reserved. | |
| 3.9.2.4.5 - 3.9.4 | Yes | ||
| 3.9.5 | Yes | ||
| 3.9.6 - 3.9.7 | No | ||
| 3.9.8 - 3.9.8.3 | Yes | ||
| 3.9.8.4 | No | Reserved. | |
| 3.9.8.5 - 3.9.10 | Yes | ||
| 3.10.1 - 3.10.1.4 | Yes | ||
| 3.10.1.4.1 | No | Reserved. | |
| 3.10.1.4.2 - 3.10.2.2.3 | Yes | ||
| 3.10.2.2.4 - 3.10.2.2.5 | No | ||
| 3.10.2.2.6 - 3.10.3.1 | Yes | ||
| 3.10.3.2 - 3.10.3.4 | No | Reserved. | |
| 3.10.3.5 - 3.10.3.8 | Yes | ||
| 3.10.3.9 | No | Reserved. | |
| 3.10.3.10 - 3.10.4.1 | Yes | ||
| 3.10.4.2 - 3.10.4.5 | No | ||
| 3.10.5 - 3.10.6 | Yes | ||
| 3.11 | No | ||
| 3.12 | Yes | ||
| 3.13 | Yes | ||
| 3.14 | Yes | ||
| 3.15 | Yes |
1 DE Reg. 1788 (05/01/98)
1 DE Reg. 2003 (06/01/98)
2 DE Reg. 1390 (02/01/99)
2 DE Reg. 1433 (03/01/99)
3 DE Reg. 445 (09/01/99)
4 DE Reg. 707 (10/01/00)
5 DE Reg. 1118 (11/01/01)
5 DE Reg. 2130 (05/01/02)
5 DE Reg. 2177 (06/01/02)
6 DE Reg. 1713 (06/01/03)
6 DE Reg. 1724 (06/01/03)
7 DE Reg. 6 (07/01/03)
11 DE Reg. 221 (08/01/07)
11 DE Reg. 683 (11/01/07)
11 DE Reg. 1489 (05/01/08)
12 DE Reg. 481 (10/01/08)
13 DE Reg. 1347 (04/01/10)
14 DE Reg. 320 (10/01/10)
14 DE Reg. 581 (12/01/10)
16 DE Reg. 646 (12/01/12)