UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

DATE: February 17, 2010

SUBJECT: Technical Support Document for Delaware’s Amendment to Regulation No. 1142

– Control of Nitrogen Oxide Emissions from Industrial Boilers and Process 

Heaters at Petroleum Refineries

FROM: Gregory Becoat, Environmental Scientist /s/

Office of Air Program Planning

TO: File

THRU: Cristina Fernandez, Associate Office Director /s/

Office of Air Program Planning

A. BACKGROUND: 

On November 17, 2009, the Delaware Department of Natural Resources and Environmental 

Control (DNREC) submitted a revision to the Delaware State Implementation Plan (SIP) that

consists of Delaware’s regulation for controlling nitrogen oxide (NOx) emissions from industrial 

boilers (Regulation No. 1142/SIP Regulation No. 42– Specific Emission Control Requirements). 

The revision to Regulation No. 1142/SIP Regulation No. 42 adds a new section, Section 2 –

Control of Nitrogen Oxide Emissions from Industrial Boilers and Process Heaters at Petroleum 

Refineries, in order to require new and/or additional controls on industrial boilers and process 

heaters with heat input capacities of equal to or greater than 200 million British thermal units per 

hour (mmBTU/hr) at petroleum refining facilities in Delaware. The effective date of this 

regulation is November 11, 2009. 

Delaware is not in compliance with the national ambient air quality standards (NAAQS) for the 

1997 8-hour ozone standard. Under the 1997 8-hour ozone standard, the State of Delaware is 

part of the Philadelphia-Wilmington-Atlantic City non-attainment area. Since NOx is a major 

precursor to the formation of ozone in the lower atmosphere, DNREC developed a regulation in 

order to reduce NOx emissions from Delaware’s large industrial boilers and process heaters that 

are located at petroleum refineries and to help Delaware attain and maintain the NAAQS for the 

1997 8-hour ozone standard by 2010.

B. STATE SUBMITTAL:
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Regulation No.1142/SIP Regulation No. 42 applies to any industrial boiler or process heater with 

a maximum heat input capacity of equal to or greater than 200 mmBTU/hr, which is operated or 

permitted to operate within a petroleum refinery facility (except for any Fluid Catalytic Cracking 

Unit carbon monoxide (CO) boiler). The following nine units are affected:

1. Crude Unit Vacuum Heater (Unit 21-H-2)

2. Crude Unit Atmospheric Heater (Unit 21-H-701)

3. Fluid Coking Carbon Monoxide boiler (Unit 22-H-3)

4. Steam Methane Reformer Heater (Unit 37-H-1)

5. Continuous Catalyst Regenerator Reformer Heater (Unit 42-H-1,2,3)

6. Boiler 1 (Unit 80-1)

7. Boiler 2 (Unit 80-2)

8. Boiler 3 (Unit 80-3)

9. Boiler 4 (Unit 80-4)

Regulation No.1142/SIP Regulation No. 42 requires compliance with the requirements of

Section 2 of this regulation on and after July 11, 2007 for the following units:

1. Crude Unit Atmospheric Heater (Unit 21-H-701)

2. Steam Methane Reformer Heater (Unit 37-H-1)

3. Boiler 2 (Unit 80-2)

Regulation No.1142/SIP Regulation No. 42 requires compliance with the requirements of 

Section 2 of this regulation as soon as practicable, but not later than:

1. December 31, 2008: Boiler 1 (Unit 80-1) and Crude Unit Vacuum Heater (Unit 21-H-2)

2. May 1, 2011: Boiler 3 (Unit 80-3) and Boiler 4 (Unit 80-4)

3. December 31, 2012: Continuous Catalyst Regenerator Reformer Heater (Unit 42-H-1,2,3)

Regulation No.1142/SIP Regulation No. 42 establishes NOx emission limitations for the owner 

or operator of any industrial boiler or process heater as follows:

1. For the Fluid Coking Carbon Monoxide boiler (Unit 22-H-3) – Reserved.

2. For the Steam Methane Reformer Heater (Unit 37-H-1) – Reserved.

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.

4. For any unit other than the Fluid Coking Carbon Monoxide boiler (Unit 22-H-3), the 

Steam Methane Reformer Heater (Unit 37-H-1), Boiler 1 (Unit 80-1), Boiler 3 (Unit 80-

3) and Boiler 4 (Unit 80-4) – 0.04 lb/mmBTU, on a 24-hour rolling average basis.

The NOx emission limits established in this regulation do 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 Section 2 of Regulation 1102.
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Regulation No.1142/SIP Regulation No. 42 establishes monitoring requirements set forth in 40 

CFR, Part 60, Appendix B, Performance Specification 2, and the requirements in 40 CFR Part 

60, Appendix F.

Regulation No.1142/SIP Regulation No. 42 establishes recordkeeping and reporting requirements

that no later than 180 days after the effective date of this regulation, any person subject to Section 

2 of this regulation must develop and submit to DNREC a schedule for bringing the affected 

emission units [Boiler 1 (Unit 80-1), Crude Unit Vacuum Heater (Unit 21-H-2), Boiler 3 (Unit 

80-3), Boiler 4 (Unit 80-4), and Continuous Catalyst Regenerator Reformer Heater (Unit 42-H1,2,3)] into compliance with the NOx emission limits established in this regulation. 

Regulation No.1142/SIP Regulation No. 42 establishes that any person subject to Section 2 of 

this regulation shall submit to DNREC an initial compliance certification as follows:

1. September 10, 2007: Crude Unit Atmospheric Heater (Unit 21-H-701), Steam Methane 

Reformer Heater (Unit 37-H-1), and Boiler 2 (Unit 80-2).

2. December 31, 2008: Boiler 1 (Unit 80-1) and Crude Unit Vacuum Heater (Unit 21-H-2)

3. May 1, 2011: Boiler 3 (Unit 80-3) and Boiler 4 (Unit 80-4)

4. December 31, 2012: Continuous Catalyst Regenerator Reformer Heater (Unit 42-H-1,2,3)

Regulation No.1142/SIP Regulation No. 42 establishes that any person subject to Section 2 of 

this regulation shall, for each occurrence of excess emissions above the NOx emission limits 

established in this regulation, within thirty calendar days of becoming aware of such occurrence, 

supply DNREC with the following:

1. The name and location of the facility.

2. The subject source(s) that caused the excess emissions.

3. The time and date of first observation of the excess emissions.

4. The cause and expected duration of the excess emissions.

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.

6. The proposed corrective actions and schedule to correct the conditions causing the excess 

emissions.

Regulation No.1142/SIP Regulation No. 42 establishes that any person subject to Section 2 of 

this regulation shall maintain all information necessary to determine and demonstrate compliance 

with the requirements for a minimum period of five years.

C. EPA EVALUATION:

With the provisions of Regulation No.1142/SIP Regulation No. 42, the control of NOx emissions 

from industrial boilers and process heaters at petroleum refineries will not cause or contribute to 
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the existing air quality problems with regard to ozone. This revision will continue to help 

Delaware attain and maintain NAAQS for ozone. 

E. CONCLUSIONS AND RECOMMENDED AGENCY ACTION:

Regulation No.1142/SIP Regulation No. 42 adopted by the State of Delaware will result in the 

control of NOx emissions from industrial boilers and process heaters at petroleum refineries and 

will help the State in attaining compliance with the 1997 8-hour ozone NAAQS. EPA approval 

of the SIP revision is recommended.