OFFICE OF THE 

SECRETARY 

STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONMENTAL CONTROL 

89 KINGS HIGHWAY 

DOVER, DELAWARE 19901 

Secretary's Order No. 2009-A-0038 

PHONE: (302) 739-9000 

FAX: (302) 739-6242 

Re: Revision to Section 2 of7 DE Admin Code 1142 Relating to NOx Control 

Technology for Industrial Heaters & Process Boilers at Petroleum Refineries 

Date ofIssuance: October 14, 2009 

Effective Date: November 11, 2009 

Background 

Under the authority granted to the Secretary of the Department of Natural Resources & 

Environmental Control ("Secretary") under 7 Del. C. § 6006 and 29 Del. C. Chapter 101, the 

Secretary enters this Order. This Order concludes a process to revise and repromulgate Section 2 

of 7 DE Admin Code 1142 relating to NOx control technology for industrial heaters and process 

boilers at petroleum refineries. 

Discussion 

In July of2007, Section 2 of7 DE Admin Code 1142 was adopted to reduce NOx 

emissions from industrial heaters and process boilers at petroleum refineries. The Premcor 

Delaware City Refinery owned by Valero appealed DNREC's July 2007 adoption of Regulation 

1142. On or about August 15,2009, DNREC and Valero finalized a settlement agreement where 

DNREC agreed to propose for adoption and receive public comment on the adoption of an 

agreed to version of the regulation. DNREC agreed to adopt the exact language set out in the 
settlement agreement unless comment from the public persuaded DNREC that these changes 

should not be made. As set out in the settlement agreement, the proposed version of the 

regulation is intended to provide for Premcor to implement altemative pollution control projects 

for the purpose of achieving NOx emission reductions from boilers at the Delaware City 

Refinery. These reductions in NOx emissions are intended to achieve improvements in air 

quality. 

Public Hearing 

On September 30,2009, a public hearing was held on the proposed Section 2 of7 DE 

Admin Code 1142. Robert Haynes, a Hearing Officer, presided over the hearing at which public 

comment was taken. A copy of the transcript of the public hearing is attached hereto as 

Exhibit A. The Department submitted a copy of the notice of publication in the Delaware 

Register as DNREC Exhibit 1, a copy of which is also attached to this Order as Exhibit B. 

DNREC Exhibit 2 consisted of copies of the affidavits of publication for the News Joumal, 

Sunday News Joumal and the Delaware State News. A copy ofthe legal notice mailed to the 

Department's mailing list was submitted as DNREC Exhibit 3. DNREC Exhibit 4 consisted ofa 

copy of the settlement agreement between DNREC and Premcor. The DNREC representative 

noted that the proposed regulation does not impact any individuals or small businesses and so 

Delaware's Regulatory Flexibility Act did not apply to the proposed action. 

Robert Wojewodzki, the environmental manager at the Premcor Delaware City Refinery, 

attended the public hearing .. He submitted a letter stating that significant changes at the Refinery 

were occurring and asking DNREC to reconsider a greater NOx emissions limit and to adjust the 

compliance schedule. A review of this short letter indicates that Premcor's suggestions are not 
supported by sufficient documentation or justification (0 make any modifications (0 the proposed 

regulation at this (ime. This letter was submitted into the hearing record as Premcor Exhibit 1. 

Findings of Fact & Conclusions of Law 

1. A public hearing was held pursuant to 7 Del. C. § 6006 and 29 Del. C. Chapter 

101 on September 30, 2009, on the repromulgation and revision of Section 2 of 7 DE Admin 

Code 1142. 

2. Proper notice of the hearing was provided as required by law. This Order 

describes the public hearing record. 

3. No members of the general public attended the hearing or submitted any 

comments. A representative of Valero on behalf ofPremcor's Delaware City Refinery did attend 

and submitted a letter with comments on the Department's proposed action. The suggestions in 

Premcor's Exhibit 1 were not supported by sufficient documentation to reasonably justify 

making any modifications to the proposed regulation at this time. 

4. The proposed revisions to the regulation are intended to result in the 

implementation of pollution control projects for the purpose of achieving improvements in air 

quality by reducing emissions of NO x fi'om boilers at the Delaware City Refinery. 

5. The record as a whole supports repromulgation and revision of the Regulations as 

published in the Delaware Register of Regulations and as attached hereto as Exhibit B. 

Orde,' 

Based on the record identified and discussed in this Order, IT IS HEREBY ORDERED 

that the proposed Section 2 of7 DE Admin Code 1142 is adopted in the form attached hereto as 

Exhibit B. 

Reasons 
The record supports repromulgation and revision of Section 2 of7 DE Admin Code 1142. 

This action will resolve a pending appeal of the existing version of the regulation and is intended 

to achieve reductions in NOx emissions and air quality. Thus, the promulgation of Section 2 of 7 

DE Admin Code 1142 will further the policies and purposes of7 Del. C. Chapter 60, which 

require DNREC to conserve and protect our air resources. 

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EJC(:~:j G~ lin P. O'Mara 

Secretary