xx/xx/201111/11/2009

2.0 Control of NOx 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 NOxX 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, PADE-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 reductions 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 PhiladelphiaWilmington-Camden, PA-DE-NJ NAA for the annual fine particulate matter 

(PM2.5) NAAQS, and is required by the CAA to attain the NAAQS by 2010. 

Since NOx is a significant precursor to PM2.5 formation, reducing NOx 

emissions will also assist in attainment and maintenance of the PM2.5

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, 2007the 

effective date of this section. This comprises 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 Catalytic 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 Section 

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, tThe owner or operator of 

any industrial boiler or process heater identified in Section 2.2.1 of this 

regulation shall not operate except in compliance with meet the applicable 

NOx 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 Cracking 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.

2.3.1.54 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 rolling average basis.

2.3.1.65 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 

Regulation7 DE Admin Code 1102.

2.3.2. As an alternative to complying with one or more of the 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 equal 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 with 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 beginning on December 31, 2014 and ending on 

December 31, 2015.

2.4 Monitoring Compliance Requirements. 

2.4.1 Compliance with the NOx 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, Part 
60, 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 from each NOx emission source 

at the facility during the prior month shall be accurately 

determined using the methods specified 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 Continuous 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 unit equipped or required to be equipped 

with NOx 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 determine the 

emission from any unit not covered by 2.4.2.1.1 or 

2.4.2.1.2 of this regulation. Emission factors 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 emissions 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 during 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 may object to and modify the emission estimation 

methodology as it determines appropriate. 

2.4.2.3 The 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, 

tThe 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 construction;

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 regulation.

2.5.2.2 A plan for achieving NOx emission reductions consistent with the 

NOx caps specified in 2.3.2 of 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 list of the emission 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 achieving such emission 

reductions. 

2.5.32 Any person subject to the requirements of 2.3.1Section 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 compliance 

certification shall include, at a minimum, all of the following information:
2.5.32.1 The name and the location of the facility;

2.5.32.2 The name, address and telephone number of the person 

responsible for the facility;

2.5.32.3 Identification of the subject source(s);

2.5.32.4 The applicable standard;

2.5.23.5 The method of compliance;

2.5.32.6 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 shall 

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 The total annual NOx emissions (tons/year) 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 list of the emission units at the facility that are required to be 

included in the facility-wide NOx cap.

2.5.4.4 Idenfitcation of any deviation from the monitoring provisions 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 responsible official certifying the truth, 

accuracy, and completeness of the information provided in the 

report.

2.5.53 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 following information:

2.5.53.1 The name and location of the facility;

2.5.53.2 The subject source(s) that caused the excess emissions;
2.5.53.3 The time and date of first observation of the excess emissions;

2.5.53.4 The cause and expected duration of the excess emissions;

2.5.53.5 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;

2.5.53.6 The proposed corrective actions 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)