# 2026-08373: EPA Approves Delaware's Factory Startup Pollution Exceptions

2026-08373, Air Plan Approval; Delaware; Excess Emissions Provisions Pertaining to Periods of Startup, Shutdown and Malfunction Events, is a Federal Register proposed rule from Environmental Protection Agency published 2026-04-30, effective Written comments must be received on or before June 1, 2026.; PRIA reads it as touching household money (as of 2026-06-11).

- Canonical: https://policyrisk.com/federal-register/2026-08373
- As of: 2026-06-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-08373
- Title: Air Plan Approval; Delaware; Excess Emissions Provisions Pertaining to Periods of Startup, Shutdown and Malfunction Events
- Type: Proposed Rule
- Agencies: Environmental Protection Agency
- Citation: 91 FR 23206
- Published: 2026-04-30
- Effective: Written comments must be received on or before June 1, 2026.
- Comments close: not stated
- Significant: no
- Touches household money: yes
- Regulation identifier numbers: none
- Last updated: 2026-06-11

## In one line

EPA Approves Delaware's Factory Startup Pollution Exceptions

## Summary

The EPA is proposing to approve Delaware’s updated rules about pollution during startup, shutdown, and malfunction times at factories and power plants. These changes fix earlier problems and help keep the air cleaner without causing extra costs or delays. People and businesses in Delaware should know comments are open until June 1, 2026, so now’s the time to speak up!

## Abstract

The Environmental Protection Agency (EPA) is proposing to approve revisions to the state implementation plan (SIP) for three state regulations submitted by the State of Delaware through the Delaware Department of Natural Resources and Environmental Control (DNREC) on February 3, 2025. The proposed 2025 revisions to the SIP amend certain startup and shutdown provisions in a manner that avoids the deficiencies that the EPA identified in a disapproval action dated October 23, 2023, in which the Agency disapproved portions of a prior SIP revision dated November 22, 2016. This action is being taken under section 110 of the Clean Air Act (CAA).

## Effects PRIA read

- No SSM Exemptions for Fuel-Burning Units: cost, medium. The EPA is proposing to approve Delaware's change to 7 DE Admin. Code 1104 so that the 0.3 lb/MMBtu, maximum two-hour average particulate limit for fuel-burning equipment (units ≥ 1.0 MMBtu/hr) applies at all times, by removing a state provision that could have allowed exemptions during startup and…
- Industrial Process Particulate Limits Apply Always: cost, medium. The EPA is proposing to approve Delaware's change to 7 DE Admin. Code 1105 so that the 0.2 grains per standard cubic foot particulate emission limit for industrial process operations applies at all times by removing a state provision that could have allowed exemptions during startup and shutdown. C…
- SO2 and Sulfur Limits Must Be Met Always: cost, medium. The EPA is proposing to approve Delaware's change to 7 DE Admin. Code 1109 so that sulfur dioxide and sulfur-compound limits (for example, 0.5 lb/ton for acid mist and a 2,000 ppm maximum SO2 rate for sulfur recovery operations) apply at all times by removing a state provision that could allow exem…

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## Sources
- [2026-08373 on federalregister.gov](https://www.federalregister.gov/documents/2026/04/30/2026-08373/air-plan-approval-delaware-excess-emissions-provisions-pertaining-to-periods-of-startup-shutdown-and)
- [2026-08373 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-04-30/pdf/2026-08373.pdf)

## Related
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- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-08373 (as of 2026-06-11).