4/11/2011

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 (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), 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 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, the 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 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.

2.3.1.5 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 emissions 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 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 each twelve (12) month rolling period

commencing with the rolling twelve (12) consecutive 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 comprising 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 thereafter.

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 regulation. 

2.4 Compliance Requirements. 

2.4.1 Compliance with the NOx 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, 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 during the prior month from

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 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

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 

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 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. 

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 2.4.2.3.4 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 

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.

2.4.2.3.4. 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, the 

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 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 application 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 list 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 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:

2.5.3.1 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 by 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 reporting 

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 source, the basis 

for determination of the emissions pursuant to 2.4.2.1, and 

comparison of the rolling 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 reporting period. 

2.5.4.3 An updated list 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 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:

2.5.5.1 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 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.