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# PROPOSED REGULATIONS
Department ofJustice State Office Building, 5th Floor 820 N. French Street Wilmington, DE 19801 The comment period on the proposed revision will be held open for a period ofthirty days from the date ofthe publication ofthis notice in the Delaware RegisterofRegulations. Summaryofthe Proposed Revision
The proposed revision, in pertinent part, makes the following changes to the Rules and Regulations Pursuant to the Delaware SecuritiesAct: (1) The existing rule providing for the designation of a single administrative hearing officer is being repealed, and a new rule is being proposed that requires the Commissioner to maintain a Register of Administrative Hearing Officersfrom which the Attorney General can designate a hearing officer in a given case. (2) The existing rules that delegate the CommissionerOs full authority to the hearing officer and that authorize the hearing officer to issue a final decision that is to be deemed the decision ofthe Commissioner are being repealed, and new rules are being proposed that establish a procedure bywhich the administrative hearing officer, in a case that goes to a hearing, is required to submit a proposed decision to the Commissioner and the final decision is made by the Commissioner. (3) The rules that allow summary orders (i.e., orders issued without a hearing) to be issued by a hearing officer are being amended to return that jurisdiction exclusively to the Commissioner. However, a hearing on a summary order, where a hearing is requested, will still be held before a hearing officer, who will issue a proposed decision to the Commissioner.
'Please Note: Due to the size of the proposed regulation, it is not being published here. A copy of the regulation isavailableat: http://regulations.delaware.gov/registerlseptember2009/proposed/13DEReg38109-01-09.htm



## DEPARTMENTOF NATURAL RESOURCESAND ENVIRONMENTAL CONTROL DIVISION OF AIRAND WASTE MANAGEMENT 

### StatutoryAuthority: 7 Delaware Code, Chapter60, (7 DeI.C. Ch. 60) 7 DE Admin. Code 1142
REGISTER NOTICE

1. Title ofthe Regulation: Repromulgation and revision of7 DE Admin. Code 1142 Section 2: Control of NOx Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries and submittal of the re-promulgated regulation to the US Environmental Protection Agency (EPA) as a revision to Delaware State Implementation Plan (SIP).

2. BriefSynopsisofthe Subject, Substanceand Issues: The Clean Air Act Amendments of 1990 (CAA) requires Delaware, as part of the Philadelphia-WilmingtonAtlantic City non-attainment area, to attain the 8-hour ozone National Ambient Air Quality Standard (NAAQS) of 0.08 ppm by 2010. Since nitrogen oxides (NOx) are a rnajor precursor to the formation of ozone in the lower atmosphere, Delaware must reduce NOx emissions in order to reduce ambient ozone concentrations, and thus

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# PROPOSED REGULATIONS 383

attain the NAAOS. As a part ofthe overall effort towards attainment, in July 2007, the Delaware Department of Natural Resources and Environmental Control (DNREC) promulgated 7 DE Admin. Code 1142 Section 2, which required large industrial boilers and process heaterswith heat inputcapacities equal to orgreaterthan 200 million British thermal units per hour (mmBTU/hour)at Delaware petroleum refineries to meetcertain NOxemission limits. DNREC is proposing to repromulgate the regulation and revise the emission limitsfor 3 boilers in the Premcor Refinery at Delaware City and to submit the regulation to EPA as a revision to Delaware's SIP. DNREC believes that the new limits are adequate for achieving necessary and timely NOx emission reductions from the subject sources. The revisions are being proposed pursuant to a settlement ofan appeal to the Environmental Appeals Board bythe Premcor Refinery on 7 DE Admin. Code 1142 Section 2 as promulgated in July2007.
3. PossibleTerms oftheAgencyAction: None.

4. Statutory BasisorLegal AuthoritytoAct: 7 DeI.C., Chapter60, Environmental Control

5. OtherRegulationsThat May BeAffected ByThe Proposal: None
6. NoticeofPublicComment: A public hearing will be held on September 30, 2009, beginning at 6:00 pm, in DNREC Conference Room A, 391 Lukens Drive, New Castle, DE 19720.

7. Prepared By: Frank

### F. Gao Phone: (302) 323-4542 Date: August7, 2009 E-Mail: Frank.Gao@state.de.us

1142 Specific EmissionControl Requirements (Breakin ContinuityofSections)
0711112007xx/xx/2009 2.0 ControlofNOx Emissionsfrom Industrial Boilersand Process Heatersat Petroleum Refineries 2.1 Purpose 2.1.1 The purpose ofSection 2.0 ofthis regulation is to reduce NOX emissions from Delaware's large industrial boilers and process heatersthat are located at petroleum refineries. 2.1.2 Underthe 8-hour ozone national ambient air quality standard (NAAOS), 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 AirAct (CAA)to attain the 8- hour ozone NAAOS by 2010. After attainment, the area must maintain compliance with the NAAOS. 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 ofthe 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 NAAfor the annual fine particulate matter(PM2.5) NAAOS, and is required bythe CAA to attain the NAAOS by 2010. Since NOx is a significant precursor to PM2.5 formation, reducing NOxemissionswill also assist in attainmentand maintenanceofthe PM2.5 standard. 2.2 Applicability and Compliance Dates

DELAWARE REGISTEROF REGULATIONS,VOL. 13, ISSUE 3, TUESDAY, SEPTEMBER 1, 2009