xx/xx/2011 11/11/2009

2.0 Control of NO x Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries
2.1 Purpose
2.1.1 The purpose of Section 2.0 of this regulation is to reduce NO x X emissions from Delaware's large industrial boilers and process heaters that are located at petroleum refineries.

2.1.2 Under the 8

- hour ozone national ambient air quality standard (NAAQS), the state of Delaware is part of the Philadelphia

- Wilmington

- Atlantic City, PA

DE

- MD

- NJ moderate non

- attainment area (NAA) . The entire NAA, including Delaware, is required by the Clean Air Act (CAA) to attain the 8

- hour ozone NAAQS by 2010. After attainment, the area must maintain compliance with the NAAQS. By implementing Section 2.0 of this regulation, NOx emission reductio ns from the affected boilers and heaters shall contribute to (1) attainment and maintenance of the 8

- hour ozone standard, and (2) improvement of the ambient air quality, in both Delaware and the entire NAA.
2.1.3 Additionally, New Castle County of Delaware is a part of the Philadelphia

Wilmington

- Camden, PA

- DE

- NJ NAA for the annual fine particulate matter (PM 2.5 ) NAAQS, and is required by the CAA to attain the NAAQS by 2010. Since NOx is a significant precursor to PM 2.5 formation, reducing NOx emissions wil l also assist in attainment and maintenance of the PM 2.5 standard.
2.2 Applicability and Compliance Dates
2.2.1 Section 2.0 of this regulation applies to any industrial boiler or process heater with a maximum heat input capacity of equal to or greater than 200 million BTUs per hour (mmBTU/Hour) (except for any Fluid Catalytic Cracking Unit carbon monoxide (CO) boiler) , which is operated or permitted to operate within a petroleum refinery facility on July 11, 2007 the effective date of this section

. This com prises the following ten (10) nine (9) units at the Delaware City refinery:
2.2.1.1 Crude Unit Vacuum Heater (Unit 21

- H

- 2);
2.2.1.2 Crude Unit Atmospheric Heater (Unit 21

- H

- 701);
2.2.1.3 Fluid Coking Unit Carbon Monoxide boiler (Unit 22

- H

- 3);2.2.1.4 Steam Methane Reformer Heater (Unit 37

- H

- 1);
2.2.1.5 Continuous Catalyst Regenerator Reformer Heater (Unit 42

- H

- 1,2,3);
2.2.1.6 Boiler 1 (Unit 80

- 1);
2.2.1.7 Boiler 2 (Unit 80

- 2);
2.2.1.8 Boiler 3 (Unit 80

- 3);
2.2.1.9 Boiler 4 (Unit 80

- 4) ;

2.2.1.10 Fluid Cataly tic Cracking Unit Carbon Monoxide (CO) boiler (Unit 23

- H

- 3 ).
2.2.2 The requirements of Section 2.0 of this regulation are in addition to all other state and federal requirements.
2.2.3 The following units shall be in compliance with the requirements of Sec tion 2.0 of this regulation on and after July 11, 2007: Crude Unit Atmospheric Heater (Unit 21

- H

- 701), Steam Methane Reformer Heater (Unit 37

- H

- 1) and Boiler 2 (Unit 80

- 2).
2.2.4 The following units shall be in compliance with the requirements of Section 2.0 of this regulation as soon as practicable, but not later than:

2.2.4.1 December 31, 2008: Boiler 1 (Unit 80

- 1) and Crude Unit vacuum Heater (Unit 21

- H

- 2) , and Fluid Catalytic Cracking Unit CO boiler (Unit 23

- H

- 3)

. 2.2.4.2 May 1, 2011: Boiler 3 (Unit 80

- 3) and Boiler 4 (Unit 80

- 4).

2.2.4.3 December 31, 2012: Continuous Catalyst Regenerator Reformer Heater (Unit 42

- H

- 1, 2, 3).

2.3 Standards.

2.3.1 Except as provided for in 2.3.2 of this regulation , t T he owner or operator of any industrial boiler or pro cess heater identified in Section 2.2.1 of this regulation shall not operate except in compliance with meet the applicable NO x emission limitation identified in the following sections:

2.3. 1. 1 For the Fluid Coking Unit Carbon Monoxide boiler (Unit 22

- H

- 3), Reserved.2.3. 1. 2 For the Steam Methane Reformer (SMR) Heater (Unit 37

- H

- 1), Reserved.

2.3. 1. 3 For Boiler 1 (Unit 80

- 1), Boiler 3 (Unit 80

- 3) and Boiler 4 (Unit 80

- 4), 0.015 lb/mmBTU, on a 24

- hour rolling average basis.

2.3.1.4 For the Fluid Catalytic Cra cking Unit CO boiler (Unit 23

- H

- 3), 20 ppmvd @ 0 % O2 on a 365 day rolling average basis
, and 40 ppmvd @ 0 % O2 on a 7

- day rolling average basis

.
2.3. 1. 5 4 For any unit not covered by 2.3. 1. 1, 2.3. 1. 2, or 2.3. 1. 3, or 2.3.1.4 0.04 lb/mmBTU, on a 24

- hour roll ing average basis.

2.3. 1. 6 5 The standards set out in 2.3 of this regulation shall not apply to the start

- up and shutdown of equipment when emissions from such equipment during a start

- up and shutdown are addressed in an operation permit issued pursuant to the provisions of §2 of Regulation 7 DE Admin Code 1102.

2.3.2. As an alternative to complying with one or more of t he unit specific emission limitations specified in 2.3.1 of this regulation the owner or operator of any industrial boiler or process heater identified in Section 2.2.1 of this regulation shall limit the NOx emissions
, from all NOx emission sources at the facility
, to equ al to or less than the applicable emission cap specified in 2.3.2.1 though 2.3.2.3 of this regulation

.
2.3.2.1 2,525 tons per year, evaluated over each twelve (12) consecutive month rolling period, for any twelve (12) month rolling period ending on or before January 2014

.
2.3.2.2 2,225 tons per year, evaluated over each twelve (12) consecutive month rolling period, commencing w ith the twelve (12) month rolling period beginning on December 31, 2013 and ending on December 31, 2014.

2.3.2.3 1,650 tons per year, evaluated over each twelve (12) consecutive month rolling period, commencing with the twelve (12) month rolling period be ginning on December 31, 2014 and ending on December 31, 2015.

2.4 Monitoring Compliance Requirements.

2.4.1 Compliance with the NO x emission standards specified in 2.3.1 , 2.3.2, and 2.3.4 of this regulation shall be determined based on CEM data collected in accordance with the appropriate requirements set forth in 40 CFR, Part60, Appendix B, Performance Specification 2, and the QA/QC requirements in 40 CFR Part 60, Appendix F.

2.4.2 Compliance with the facility

- wide NOx emission cap specified in 2.3.2 of this regulation shall be determined not later than the last day of each month, as follows.

2.4.2.1 The mass of NOx (tons) emitted fr om each NOx emission source at the facility during the prior month shall be accurately determined using the methods specifie d in 2.4.2.1.1 through 2.4.2.1.3 of this regulation, as approved by the Department

.
2.4.2.1.1 C ontinuous emission monitoring systems (CEMS)

that meet the requirements of 2.4.1 of this regulation shall be used to determine the emission from any emission un it equipped or required to be equipped with NO x CEMS , or

2.4.2.1.2 A NOx emission factor that is based upon the results

of the most recent performance testing conducted in accordance with a protocol approved by the Department shall be used to determine the emission from any unit that has conducted or that is required to conduct such performance testing, or

2.4.2.1.3 Published NOx emission factors for such source or

category of sources , or any other method approvable by the Department, shall be used to det ermine the emission from any unit not covered by 2.4.2.1.1 or 2.4.2.1.2 of this regulation. Emission f actors may be adjusted by the Department to account for the degree of uncertainty or limitations in the factors' development

.
2.4.2.2 NOx emissions from each NOx emission source at the facility shall be determined for all periods of startup, shutdown or malfunction. To the extent that such emission s are not measured by CEMS during such periods of startup, shutdown or malfunction, and to the further extent that performance testing for such source did not establish emission factors for such equipment reflective of operations during periods of startup, shutdown or malfunction, then the owner or operator shall estimate such emission rates from such source duri ng any periods of startup, shutdown or malfunction in accordance with best engineering judgment, provided however that the owner or operator must report to the Department the basis for the emission projections in such instance,and the Department m ay objec t to and modify the emission estimation methodology as it determines appropriate

.
2.4.2.3 T he emissions calculated in 2.4.2.1 and 2.4.2.2 of this regulation shall be summed and aggregated with the calculation results for the preceding months as provided for in 2.4.2.3.1 through 2.4.2.3.3 below.

2.4.2.3.1. For any month before January 2014, the preceding eleven

(11) consecutive months shall be included.

2.4.2.3.2. For any month in calendar year 2014, only months in

calendar year 2014 shall be included

.
2.4.2.3.3

. For any month in calendar year 2015, only months in

calendar year 2015 shall be included.

2.4.2.4 Compliance shall be determined by comparing the results of the calculations in 2.4.2.3 of this regulation with the appropriate NOx emission cap specified in 2.3.2 of this regulation. Each ton of emissions calculated under 2.4.2.3 of this regulation that is above the applicable NOx emission cap specified in 2.3.2 of this regulation constitutes a violation of 2.0 of this regulation. Fractions of tons shall be rounded up to the next higher number.

2.5 Recordkeeping and Reporting Requirements

2.5.1 Not later than ( insert the date that is 180 days after the effective date of this revised Section 2.0 ) of this regulation , any person subject to Section 2.0 of this regulation shall develop, and submit to the Department, a schedule for bringing the affected emission unit(s), identified in Section 2.2.4, facility into compliance with the requirements of Section 2.3 of this regulation. Such schedule shall include, at a minimum, all of the following:
2.5.1.1 The method by which compliance will be achieved.

2.5.1.2 For persons subject to the requirements of 2.3.1 of this regulation, t T he dates by which the affected person plans to complete the following major increments of progress, as applicable:
2.5.1.2.1 Completion of engineering;
2.5.1.2.2 Submission of permit applications;
2.5.1.2.3 Awarding of contracts for construction and/or installation;2.5.1.2.4 Initiation of construction;
2.5.1.2.5 Completion of co nstruction;
2.5.1.2.6 Commencement of trial operation;
2.5.1.2.7 Initial compliance testing;
2.5.1.2.8 Submission of compliance testing reports;
2.5.1.2.9 Commencement of normal operations (in full compliance).

2.5. 2 For persons subject to the requirements of 2.3.2 of this regulation, the owner or operator shall submit to the Department all of the information specified in 2.5.2.1 and 2.5.2. 2 of this regulation

.
2.5. 2 .1 The date that compliance with this regulation will begin pursuant to 2.3.2 of this regula tion

.
2.5.2.2 A plan for achieving NOx emission reductions consistent with the NOx c aps specified in 2.3.2 o f this regulation . This plan shall include the information specified in 2.5.2.2.1 and 2.5.2.2. 3 of this regulation.

2.5.2.2.1 A l ist of the emissi on units at the facility that are

required to be included in the facility

- wide NOx cap.

2.5.2.2.2 A report of the monthly NOx emissions from the

emission units identified in 2.5.2.2.1 of this regulation, for each of the twelve (12) months that precedes the date specified in 2.5.2.1 of this regulation.

2.5.2.2.2 The current expectation of NOx emission reductions to

be achieved at specific individual sources, along with a statement of the anticipated control measures to be utilized and timelines for achievi ng such emission reductions

.
2.5. 3 2 Any person subject to the requirements of 2.3.1 Section 2.0 of this regulation shall submit to the Department an initial compliance certification by the later of the following dates, or the date the unit first operates after the following date subject to the requirements of 2.3.1 : September 10, 2007 for units identified in Section 2.2.3 of this regulation and, for units identified in Section 2.2.4, by the compliance date specified in Section 2.2.4. The initial complianc e certification shall include, at a minimum, all of the following information:2.5. 3 2 .1 The name and the location of the facility;

2.5. 3 2 .2 The name, address and telephone number of the person responsible for the facility;

2.5. 3 2 .3 Identification of the su bject source(s);

2.5. 3 2 .4 The applicable standard;

2.5. 2 3 .5 The method of compliance;

2.5. 3 2 .6 Certification that each subject source is in compliance with the applicable standard.

2.5.4 Any person subject to the requirements of 2.3.2 of this regulation sh all submit to the Department a semi

- annual report that contains all of the information specified in 2.5.4.1 through 2.5.4. 5 of this regulation

.
2.5.4.1 The identification of owner and operator of the facility.

2.5.4.2 T he t otal annual NOx emissions (tons/y ear) from the facility based on a 12

- month rolling total for each month in the reporting period recorded pursuant to 2.4.2 of this regulation

.
2.5.4.3 A l ist of the emission units at the facility that are required to be included in the facility

- wide NOx ca p

.
2.5.4.4 Idenfitcation of any deviation from the monitoring provision s that were approved by the Department pursuant to 2.4.2 of this regulation, and documentation of the alternate methods used to determine emissions.

2.5.4. 5 A signed statement by the re sponsible official certifying the truth, accuracy, and completeness of the information provided in the report.

2.5. 5 3 Any person subject to Section 2.0 of this regulation shall, for each occurrence of excess emissions above the standards of Section 2.3 of this regulation, including periods when monitoring data was not collected in accordance with procedures approved pursuant to 2.4.2.1 of this regulation, within thirty (30) calendar days of becoming aware of such occurrence, supply the Department with the f ollowing information:

2.5. 5 3 .1 The name and location of the facility;

2.5. 5 3 .2 The subject source(s) that caused the excess emissions;2.5. 5 3 .3 The time and date of first observation of the excess emissions;

2.5. 5 3 .4 The cause and expected duration of the excess emissions;

2.5. 5 3 .5 The estimated rate of emissions (expressed in the units of the applicable emission limitation) and the operating data and calculations used in determining the magnitude of the excess emissions;

2.5. 5 3 .6 The proposed corrective ac tions and schedule to correct the conditions causing the excess emissions.

2.5. 6 Any person subject to Section 2.0 of this regulation shall maintain all information necessary to determine and demonstrate compliance with the requirements of this section for a minimum period of five (5) years. Such information shall be immediately made available to the Department upon verbal and written request.
5 DE Reg. 1299 (12/01/01)
11 DE Reg. 75 (07/01/07)
12 DE Reg. 347 (09/01/08)
13 DE Reg. 670 (11/01/09)