STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES
 

AND ENVIRONMENTAL CONTROL
 

OFFICE OF THE 89 KINGS HIGHWAY PHONE: (302) 739-9000 

SECRETARY DOVER, DELAWARE 19901 Eo:: (302) 739-6242 

Secretary's Order No.: 2011-A-0019 

RE: Approving Final Amendments to Section 2.0 of 7 DE Admin. Code 1142, 

Control of NOx Emissions from Industrial Boilers and Process Heaters at 

Petroleum Refineries; and Proposed State Implementation Plan (SIP) revision, 

"Demonstration that Amendments to Section 2.0 of 7 DE Admin. Code 1142, 

'Control of NOx Emissions from Industrial Boilers and Process Heaters at 

Petroleum Refineries', Do Not Interfere with Any Applicable Requirement of the 

Clean Air Act (CAA)" 

Date oflssuance: March 16, 2011
 

Effective Date of the Amendment: April 11,2011
 

Under the authority vested in the Secretary of the Department of Natural 

Resources and Environmental Control ("Department" or "DNREC") the following 

findings. reasons and conclusions are entered as an Order of the Secretary in the abovereferenced rulemaking proceeding. 

Background and Procedural History 

This Order considers proposed regulation amendments to Section 2.0 of 7 DE 

Admin. Code 1142, Control of NOx Emissions from Industrial Boilers and Process 

Heaters at Petroleum Refineries; and Proposed State Implementation Plan (SIP) revision, 

"Demonstration that Amendments to Section 2.0 of7 DE Admin. Code 1142, 'Control of 

NOx Emissions from Industrial Boilers and Process Heater~ at Petroleum Refineries', Do 

Not Interfere with Any Applicable Requirement of the Clean Air Act (CAA)". 
Section 2.0 of 7 DE Admin. Code 1142 was first promulgated on July 11,2007. 

Subsequently, Regulation 1142 was revised in 2009, consistent with a DNREClPremcor 

settlement agreement, and was then submitted to the EPA as a SIP revision. In 20 I0, 

Section 2.0 of Regulation 1142 was approved by the EPA into Delaware's SIP. 

In 2009, the operations of equipment at the Delaware City Refinery were 

discontinued, and in 2010 the refinery ownership changed from Premcor Refining Group, 

Inc., to Delaware City Refining Company, LLC ("DCRC"). Two actions related to this 

change in ownership impact Delaware's SIP: 

•	 On May 28, 2010, the Department reached an enforcement settlement with 

Premcor. This settlement, among other things, terminated the 2008 FCCU 

NOx Agreement which had required the Premcor fluid catalytic cracking 

unit CO boiler to meet a 20 parts per million (ppm) NOx emission 

limitation by May 1, 2009. 

•	 On May 31, 2010, the Department and DCRC reached an agreement on 

DCRC's acquisition, restart and operation of the Delaware City Refinery. 

One element of that agreement provides that the Department will propose 

to revise Section 2.0 of 7 DE Admin. Code 1142 to provide for a facilitywide NOx emission cap compliance alternative. 

This proposed promulgation seeks to revise Section 2.0 of 7 DE Admin. Code 

1142 to (l) provide for the control of NOx from the Fluid Catalytic Cracking Unit CO 

boiler to the level that was previously required by the 2008 consent agreement; and to (2) 

provide for a facility-wide NOx emission cap compliance alternative. Additionally, the 

Department is proposing a SIP document that demonstrates that these two revisions to 

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Regulation 1142 will not interfere with attainment or maintenance of any NAAQS, or any 

other applicable requirement ofthe CAA. 

The Department's Division of Air Quality (DAQ) commenced the regulatory 

development process with Start Action Notice #2010-22. The Department published the 

proposed regulatory amendments in the January I, 2011 Delaware Register of 

Regulations and held a public hearing on February 1,2011. The Department's presiding 

hearing officer, Lisa A. Vest, prepared a Hearing Officer's Report dated March 11,2011 

(Report). The Report recommends certain findings and the adoption of the proposed 

Amendments as attached to the Report as Appendix A. 

Findings and Discussion 

I find that the proposed Amendments are well-supported by the record developed 

by the Department, and adopt the Report to the extent it is consistent with this Order. 

The Department's experts in DAQ developed the record and drafted the proposed 

Amendments. It should be noted that the Department received public comment from the 

Delaware City Refining Company, LLC ("DCRC"), and provided thorough and wellreasoned responses to the same in the Department's original Technical Response 

Memorandum (TRM) of February 4, 20 II, and again in its supplemental TRM of March 

10, 2011, both of which were expressly incorporated into the Hearing Officer's Report 

generated in this matter. It should also be noted that the Department received no public 

comments with regard to the proposed SIP document submission in this matter. 

I find that the Department's experts in the DAQ fully developed the record to 

support adoption of these Amendments. These proposed amendments are based upon a 

May 31, 2010 agreement ("Agreement") between DNREC and the Delaware City 

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Refining Company, LLC ("DCRC") which states that DNREC will propose to revise 

Section 2.0 of 7 DE Admin. Code 1142 to provide for compliance with a facility-wide 

NOx emission cap as an alternative to the existing unit specific NOx emission limitations. 

With the adoption of these regulatory amendments, Delaware will have the Department's 

regulations provide for compliance as stated above. Furthennore, with the adoption of 

the proposed SIP submission, Delaware will demonstrate that the revisions to Regulation 

1142 as noted above will not interfere with attainment or maintenance of any NAAQS, or 

any other applicable requirement of the Clean Air Act. 

In conclusion, the following findings and conclusions are entered: 

I.) The Department has jurisdiction under its statutory authority to issue an 

Order adopting these proposed Amendments, and associated SIP document, as final; 

2.) The Department provided adequate public notice of the proposed 

Amendments and associated SIP document, and provided the public with an adequate 

opportunity to comment on the same, including at a public hearing; 

3.) The Department held a public hearing on February I, 2011 on the 

proposed Amendments and associated SIP document, in order to consider public 

comments before making any final decision; 

4) The Department's Hearing Officer's Report, including its recommended 

record and the recommended Amendments as set forth in Appendix A, are adopted to 

provide additional reasons and findings for this Order; 

5.) The recommended Amendments do not reflect any substantive changes 

from the proposed regulation Amendments as published in the January 1,2011, Delaware 

Register ofRegulations; 

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6.) The recommended Amendments should be adopted as final regulation 

Amendments because said revisions to Section 2.0 of 7 DE Admin. Code 1142 will (I) 

provide for the control of NOx from the Fluid Catalytic Cracking Unit CO boiler to the 

level that was previously required by the 2008 consent agreement; and (2) provide for a 

facility-wide NOx emission cap compliance alternative. Additionally, the adoption of the 

recommended SIP document submission will demonstrate that these two revisions to 

Regulation 1142 will not interfere with attainment or maintenance of any NAAQS, or any 

other applicable requirement of the CAA; and that 

7.) The Department shall submit this Order approving the final regulation to 

the Delaware Register of Regulations for publication in its next available issue, and 

provide such other notice as the law and regulation require and the Department 

determines is appropriate. 

&td~~ Collin P. O'Mara 

Secretary 

hear\ Reg.1142.Sect2.0.Amndmts and SIP revision 20l1.0RDER 

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