382 PROPOSED REGULATIONS 

Department of Justice 

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 of thirty days from the date of the 

publication of this notice in the Delaware Register of Regulations. 

Summary of the Proposed Revision 

The proposed revision, in pertinent part, makes the following changes to the Rules and Regulations Pursuant 

to the Delaware Securities Act: 

(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repealed, and a new rule is being proposed that requires the Commissioner to maintain a Register of 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 Officers from 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 of the Commissioner are 

being repealed, and new rules are being proposed that establish a procedure by which the administrative hearing 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 is available at: 

http://regulations.delaware.gov/registerlseptember2009/proposed/13DEReg38109-01-09.htm 

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 

CONTROL 

DIVISION OF AIR AND WASTE MANAGEMENT 

Statutory Authority: 7 Delaware Code, Chapter 60, (7 DeI.C. Ch. 60) 

7 DE Admin. Code 1142 

REGISTER NOTICE 

1. Title of the Regulation: 

Repromulgation and revision of 7 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. Brief Synopsis of the Subject, Substance and 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 

DELAWARE REGISTER OF REGULATIONS, VOL. 13, ISSUE 3, TUESDAY, SEPTEMBER 1, 2009 
PROPOSED REGULATIONS 383 

attain the NAAOS. As a part of the 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 heaters with heat input capacities equal to or greater than 200 million 

British thermal units per hour (mmBTU/hour) at Delaware petroleum refineries to meet certain NOx emission limits. 

DNREC is proposing to repromulgate the regulation and revise the emission limits for 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 of an appeal to the Environmental Appeals 

Board by the Premcor Refinery on 7 DE Admin. Code 1142 Section 2 as promulgated in July 2007. 

3. Possible Terms of the Agency Action: 

None. 

4. Statutory Basis or Legal Authority to Act: 

7 DeI.C., Chapter 60, Environmental Control 

5. Other Regulations That May Be Affected By The Proposal: 

None 

6. Notice of Public Comment: 

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: August 7, 2009 

E-Mail: Frank.Gao@state.de.us 

1142 Specific Emission Control Requirements 

(Break in Continuity of Sections) 

0711112007 xx/xx/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 NOX 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 (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 Air Act (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 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 (PM2.5) NAAOS, and is required by the CAA 

to attain the NAAOS 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 

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