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HB 402

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM.

153rd General Assembly (2025-2026) Introduced by Kerri Harris and 2 co-sponsors

Delaware HB 402 amends Title V permit administration to streamline permitting, reporting, and enforcement for major air-emitting sources.

Signed by Governor
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Bill Summary · HB 402

Bill Summary: HB 402 (Session 153, Delaware)

Title

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM

Purpose and intent

HB 402 proposes amendments to Delaware’s Clean Air Act as it relates to the Title V operating permit program. Title V programs govern major sources of air emissions and certain other sources, requiring comprehensive permitting, monitoring, reporting, and recordkeeping to ensure compliance with federal and state air quality standards. The bill aims to modify how Delaware administers, administers, and enforces its Title V program, aligning with state objectives to improve permitting processes, compliance, and overall air quality management.

Key provisions and changes (as introduced)

  • Updates to the state’s administration of the Title V operating permit program under the Clean Air Act.
  • Potential adjustments to permit applicability, permit content, and renewal/expiration timelines for Title V facilities.
  • Modifications to reporting, monitoring, and recordkeeping requirements for Title V sources.
  • Clarifications of regulatory authorities and responsibilities among state agencies tasked with air quality management.
  • Provisions intended to streamline permit review processes, enforcement, and compliance incentives where applicable.

Note: The full text of the measure would provide the precise language governing these changes, including any numeric thresholds, timelines, or administrative procedures.

Who/what would be affected

  • Major sources of air emissions and other facilities subject to Title V permits in Delaware.
  • State environmental agencies responsible for issuing, renewing, and enforcing Title V permits.
  • Regulated entities (facilities and facilities’ engineering, environmental, and compliance staff) operating under or impacted by Title V permit requirements.
  • Public stakeholders who rely on permit transparency, reporting, and compliance information.

Procedural and timeline aspects

  • Introduced and assigned to the Natural Resources & Energy Committee in the House on May 5, 2026.
  • As a committee assignment, the bill will undergo hearings, potential amendments, and then a committee vote before moving to the full House for consideration.
  • If advanced, the bill would proceed through the standard legislative process in Delaware, potentially affecting regulatory timelines and permit program implementation dates upon enactment.

Additional context

  • Co-sponsors: Debra Heffernan and Trey Paradee.
  • The bill addresses administrative and regulatory aspects of Delaware’s Title V program, aligning state practice with statutory and regulatory requirements under the Clean Air Act.

Potential implications to monitor

  • Any changes that affect permit applicability thresholds (e.g., emission rates, processing facilities) and renewal timelines.
  • Impacts on the efficiency and transparency of the permitting process, including public notice and comment procedures.
  • Effects on enforcement mechanisms, penalties, and compliance assurance for Title V sources.
  • The administrative burden on facilities and the state agency to adopt, implement, and monitor revised requirements.

If you would like, I can incorporate the exact statutory language from the bill text and provide a line-by-line comparison with current law.

Compiled from official sources — confirm details with the bill’s official record.

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