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AirPermitHub

DE · EPA Region 3

Delaware Air Permits

In Delaware, any equipment that emits or controls air contaminants needs DNREC approval before construction or operation under 7 DE Admin. Code 1102, unless exempt or eligible for registration. Sources are classified as natural minor, synthetic minor, or major. Major sources are subject to NSR/PSD (Regulation 1125) and Title V (Regulation 1130). Major source thresholds for VOC and NOx are lower in New Castle and Kent counties than in Sussex County.
Verified against agency sourceLast reviewed 2026-10-25

Air permits & authorizations

  • Exemptions

    Exemption

    Equipment listed in Appendix A of Regulation 1102, or equipment with very low actual daily emissions, is exempt. Exempt sources must still quantify, document, and keep emissions records on site.

    Quoted verbatim from the agency source
    actual emissions each and every day less than 0.2 pounds per day
    7 DE Admin. Code 1102, Appendix AOfficial page
  • Air Contaminant Equipment Registration

    Registration / Notice

    Eligible sources may register instead of obtaining a permit; self-registration allows work to start on submittal, at the source's own risk.

    7 DE Admin. Code 1102Official page
  • Natural Minor Permit (Regulation 1102)

    Minor NSR

    Construction/operating permit for sources that do not meet major or synthetic minor criteria. Temporary natural minor permits are also issued. DNREC lists equipment without a control device emitting ten pounds per day or more as a permit trigger.

    7 DE Admin. Code 1102Official page
  • Synthetic Minor Permit (Regulation 1102 / Title V)

    State Operating

    Federally enforceable permit for sources with potential to emit at or above major thresholds that accept limits to stay below them.

    7 DE Admin. Code 1102 and 1130Official page

Major NSR (PSD & nonattainment)

  • New Source Review / PSD (Regulation 1125)

    PSD

    Preconstruction review program for major stationary sources, covering both nonattainment NSR and PSD.

    7 DE Admin. Code 1125Official page
  • Nonattainment NSR (Regulation 1125)

    Nonattainment NSR

    Major source preconstruction review in nonattainment areas under Regulation 1125.

    7 DE Admin. Code 1125Official page

Title V operating permits

  • Title V Operating Permit (Regulation 1130)

    Title V

    Operating permit program for major sources.

    Thresholds (summarized from source, not a quotation)

    Per DNREC (tpy): New Castle and Kent: VOC 25, NOx 25, CO 100, sulfur 100, PM 100, single HAP 10, other 100. Sussex: VOC 50, NOx 100, others same. Total of all HAPs: 25 tpy.

    7 DE Admin. Code 1130Official page

Oil & Gas

Delaware has no oil and gas production. DNREC's permitting pages list no oil-and-gas-specific air program.

    Oil & Gas industry hub

    State air regulations

    Forms

    Guidance

    Compliance

    State compliance obligations (reporting, emissions inventory, testing) are being indexed. Use the Compliance dashboard preview to see how they will be tracked.

    Sources

    Editorial note: Regulation titles for 1101, 1125, and 1130 are standard Delaware titles; confirm on the linked Admin Code pages.

    AirPermitHub provides educational, engineering, research, and compliance-support information. Information provided by the platform does not constitute legal advice and should not replace review of applicable regulations, permits, agency guidance, or consultation with qualified professionals. Full disclaimer