4 / 11 /2011

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 emissions from Delaware's large industrial boilers and process heate rs 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 reductions from the a ffected 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 will 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), which is operated or permitted to operate within a petroleum refinery facility on July 11, 2007

. This comprises the following ten (10) 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 additi on 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 Heat er (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 he 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 the applicable NO x emission l imitation 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 averag e basis

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

- hour rolling average basis.
2.3. 1. 6 The standards set out in 2.3 of this regulation shall not apply to the start

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

- up and shutdown are addressed in an operation permit issued pursuant to the provisions of 7 DE Admin Code 1102.
2.3.2. As an alternative to complying with one or more of t he unit specific emission limitations speci fied 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 appl icable 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 each twelve (12) month rolling period commencing with the rolling twelve (12) con secutive month period comprised by calendar year (CY) 2011 and ending with the twelve (12) consecutive month rolling period that ends on December 31, 2013

. 2.3.2.2 2,225 tons per year, evaluated over each twelve (12) consecutive month rolling period compr ising calendar year 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 January 1, 2015 and ending on December 31, 2015 , and continuing ther eafter

. 2.3.3 Neither the provisions of Section 2.3.2, nor this regulation more generally, shall limit in any way the Department’s authority to establish a lower NOx emission cap and more stringent NOx emission limitations for any source subject to this re gulation.
2.4 Compliance Requirements.
2.4.1 Compliance with the NO x emission standards specified in 2.3.1 of this regulation shall be determined based on CEM data collected in accordance with the appropriate requirements set forth in 40 CFR, Part 60, Ap pendixB, 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, a s follows.
2.4.2.1 The mass of NOx (tons) emitted during the prior month fr om each emission source at the facility subject to the NOx cap shall be accurately determined using the methods specified in 2.4.2.1.1 through 2.4.2.1.3 of this regulation, as appro ved 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
2.4.2.1.2 A NOx emission factor that is based upon the results

of the most recent performance testing conducted in accord ance with a protocol approved by the Department
2.4.2.1.3 Published NOx emission factors for such source or

category of sources , or any other method approvable by the Department
2.4.2.2 NOx emissions from each NOx emission source at the facility shall b e 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 no t 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 malfuncti on in accordance with best engineering judgment.

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

(11) consecutive months shall be included. No emissions occurring before January 1, 2011 shall be included.2.4.2.3.2. For any month in calendar year 2014, only months in cale ndar 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.
2.4.2.3.4. For any month after December 31, 2015, the preceding

eleven (11) consecutive months 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. Following aggregation and summation of emission in accordance with 2 .4.2.3, 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 ) any person subject to Section 2.0 of this regulation shall develop, and submit to the Department, a schedule for bringing the 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 he dates by which the affected person plans to complete the following major increments of progress, as applicable: 2.5.1.2.1 Complet ion 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 an initial notice that contains 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

. A permit applicati on submitted pursuant to 7 DE Admin Code 1102 or 1130 that contains this information may be used as a means to satisfy this requirement.
2.5.2.2 A l ist of the emission units at the facility that are required to be included in the facility

- wide NOx cap.
2.5

. 3 Any person subject to the requirements of 2.3.1 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 requir ements 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, a ll of the following information:
2.5. 3 .1 The name and the location of the facility;
2.5. 3 .2 The name, address and telephone number of the person responsible for the facility;
2.5. 3 .3 Identification of the subject source(s);
2.5. 3 .4 The applicable standard;
2.5. 3 .5 The method of compliance;
2.5. 3 .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 b y January 31 and July 31 of each calendar year that contains all of the information specified in 2.5.4.1 through 2.5.4. 5 of this regulation

. At the request of the owner or operator, the Department may change the frequency of such re porting requirements, as may be necessary to harmonize them with reporting requirements of 7 Delaware Admin Code 1130, Title V Operating Permits Program.
2.5.4.1 The identification of owner and operator of the facility.2.5.4.2 A report of the monthly NOx emissions for each sou rce, the basis for determination of the emissions pursuant to 2.4.2.1, and comparison of the rol ling total NOx emissions from the facility with the appropriate NOx emission cap that was made pursuant to 2.4.2.4 of this regulation, for each month in the rep orting period.
2.5.4.3 A n updated l ist of the emission units at the facility that are required to be included in the facility

- wide NOx cap

. 2.5. 5 Any person subject to Section 2.0 of this regulation shall, for each occurrence of excess emissions above th e 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, su pply the Department with the following information:
2.5. 5 .1 The name and location of the facility;
2.5. 5 .2 The subject source(s) that caused the excess emissions;
2.5. 5 .3 The time and date of first observation of the excess emissions;
2.5. 5 .4 The cause and expected duration of the excess emissions;
2.5. 5 .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 .6 Th e 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 requirem ents 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.