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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2013

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The Department published its initial proposed revision to the aforementioned Delaware SIP in the July 1, 2012 Delaware Register of Regulations, and held a public hearing on August 2, 2012. Written comments on the proposed SIP were submitted to the public record by both the EPA and the State of New Jersey on August 2, 2012. The Department’s Division of Air Quality (DAQ) responded fully to those written comments from EPA by adding some additional clarifying language to its initial proposed revision. DAQ provided the Hearing Officer with its Technical Response Document concerning its responses to EPA’s comments, as well as providing the reasoning for the same, on January 22, 2013. Proper notice of the hearing was provided as required by law.
I find that the proposed revision to Delaware’s aforementioned SIP is well-supported by the record developed by the Department, and I adopt the Report to the extent it is consistent with this Order. The Department’s experts developed the record and drafted the proposed SIP revision.
6.) The Department shall submit this Order approving the final revision to Delaware’s State Implementation Plan (SIP) that addresses the requirements of Section 110(a)(2)(A)-(M) of the federal Clean Air Act (CAA) for the 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
Clean Air Act (CAA) § 110(a)(1) and (2) requires states to submit to the EPA SIP revisions that provide for the implementation, maintenance, and enforcement of any new or revised NAAQS within three years following the promulgation of such NAAQS. On March 27, 2008, EPA promulgated a new NAAQS for the pollutant ozone. The level of the NAAQS was lowered from 0.08 parts per million (ppm) to 0.075 ppm, based on 8-hour average concentrations.1
This January 17, 2012 letter was based on an October 2, 2007 EPA document, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality Standards.” On March 29, 2012 the EPA returned Delaware’s January 17, 2012 letter as incomplete for two reasons. First, EPA noted that Delaware’s submittal did not include documentation to show that it had gone through the notice and hearing requirements of 40 CFR Part 51, Appendix V.2 Second, EPA indicated that the submittal was incomplete regarding a “negative declaration”3 related to 110(a)(2)(D)(i)(I) because “EPA would expect a demonstration that contains information supporting a claim that a state does not significantly contribute or interfere with maintenance of the 2008 ozone NAAQS in other states.” This letter is incorporated here as Attachment B.
Delaware has reviewed its SIP and determined that, except as noted below, all elements required in CAA §110(a)(2) for the 0.075 ppm ozone NAAQS have been met through earlier SIP submissions in connection with previous ozone standards. Discussion of each CAA § 110(a)(2) element was specifically addressed in formal submittals to the EPA dated December 13, 2007, and September 16, 2009. These prior submittals addressed the § 110(a)(2) requirements for the 1997 8-hour ozone NAAQS, and Delaware believes that, except as noted below, no changes are needed for Delaware to implement and enforce the revised 2008 ozone NAAQS. Those documents are incorporated here again and submitted as attachments C and D. This SIP revision confirms and certifies that Delaware’s current SIP is adequate to address all applicable CAA§ 110(a)(2) requirements for the 0.075 ppm ozone NAAQS.
Clean Air Act (CAA) §110(a)(2)(E)(ii) requires the SIP to provide “requirements that the State comply with the requirements respecting State boards under section 128 of this title.” CAA § 128, “State Boards,” requires any potential conflicts of interest by the head of an executive agency which approves permits or enforcement orders to be adequately disclosed. Delaware Secretary’s order 2012-A-0043, effective December 14, 2012, finalized a SIP document that satisfies CAA § 128 by including in the SIP applicable requirements of 29 Del. C., Ch. 58, “Laws Regulating the Conduct of Officers and Employees of the State.” This final document was submitted to the EPA as a SIP revision on January 11, 2013.
Delaware has been non-attainment for the pollutant ozone since a standard was first established in 1971. Over the past 40 years Delaware has learned that transport is very significant relative to ozone, and that the only way to reduce ozone concentrations is to reduce the volatile organic compound (VOC) and nitrogen oxides (NOx) emissions that are causing them. Over the last twenty years Delaware has adopted and implemented SIP provisions that cover all VOC and NOx emitting sources and source categories, and all such emissions in Delaware are now well controlled. These SIP provisions have eliminated Delaware’s significant contribution to both its own unhealthy air quality, and the air quality of all downwind areas.4
CAA § 110(a)(2)(D) requires Delaware’s SIP to “Contain adequate provisions – (i) prohibiting, consistent  with the  provisions of  this title, any source or other type of emissions activity within the State  from emitting any air pollutant  in amounts which will -  (I) contribute significantly to non-attainment  in, or  interfere  with maintenance  by, any  other State  with respect to any such  national  primary  or  secondary ambient air quality standard, or (II) interfere  with measures required to be included in the  applicable  implementation plan  for any  other State under part C to prevent significant deterioration  of air quality or to protect visibility, (ii) insuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement).”
Based on EPA’s Cross State Air Pollution Rule (CSAPR) modeling,5 the provisions in Delaware’s SIP were demonstrated by the EPA to be adequate provisions that satisfy CAA § 110(a)(2)(D)(i)(I) relative to the 0.08ppm ozone NAAQS.  This SIP revision demonstrates that these same provisions in Delaware’s SIP also satisfy CAA § 110(a)(2)(D)(i)(I) for the 0.075 ppm ozone NAAQS. This demonstration was specifically requested by the EPA in its March 29, 2012 letter.
Year 2008 NOx emissions and VOC emissions were sorted from highest to lowest, and are summarized in Chart 1 and Chart 2. any of Delaware’s VOC and NOx control measures were not fully in effect in 2008. In order to demonstrate the effectiveness of Delaware’s control measures Chart 1 and Chart 2 also include corresponding 2014 projected NOx and VOC emissions from EPAs Cross State Air Pollution Rule (CSAPR) 2014 base case modeling inventory.6
Table 3-1 below details VOC and NOx emissions from Delaware’s 2008 PEI and EPA’s 2014 base case CSAPR inventory. Included in Table 3-1 is every Delaware stationary source/source category that emitted equal to or greater than 25 tons per year (TPY) of either VOC or NOx, and that made up the top 99% of Delaware’s VOC and NOx inventory. Table 3-1 is generally sorted from the largest Delaware source/source category, to the smallest, based on the 2008 PEI. For each source or source category in Table 3-1 the current applicable Delaware control measures are discussed, along with any identified additional measures that could be adopted into Delaware’s SIP.
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NOx emissions are controlled under 7 DE Admin. Code 1112 (NOx RACT), and also under a NOx cap/PAL established pursuant to Section 2.0 of 7 DE Admin Code 1142 and 1125. The NOx cap began in 2011 at 2,525 TPY (i.e., actual 2008 emission levels), and decreases to 1,650 TPY beginning 2015.
VOC emissions are subject to 7 DE Admin Code 1124 (VOC RACT). In addition, numerous sources at the facility are subject to emission limits established under 7 DE Admin. Code 1125 (LAER plus offsets).
Delaware’s March 15, 2011 SIP revision, “Demonstration that Amendments to Section 2.0 of 7 DE Admin Code 1142, Control of NOx Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries Do not Interfere with Any Applicable Requirement of the Clean Air Act” provides a detailed discussion of the facility-wide NOx cap.
The initial 2,525 NOx cap is significantly less than annualized NOx SIP Call cap3, 3,333, which indicates that implementation of RACT and NSR at the refinery have resulted in the implementation of NOx controls at the refinery.
Delaware is a signatory state to a June 3, 2010 Memorandum of Understanding (MOU) that covers the evaluation and adoption of an Ozone Transport Commission (OTC) model rule that is designed to reduce VOC emissions from large above ground storage tanks. The agreed upon date in the MOU for signatory states to take action is January 1, 2014, or as soon as practicable thereafter. Delaware is now evaluating this OTC model rule and will propose to adopt any requirements that would significantly reduce VOC emissions from storage tanks by January 1, 2014.
This category has undergone three rounds of regulation in Delaware. First under a 1998 National Rule (63 FR 48819), then under a more stringent 2002 Delaware regulation (Section 2.0 of 7 DE Admin. Code 1141) which was based on a OTC model rule, and finally, under an update to Section 2.0 of 7 DE Admin. Code 1141 which was based on a 2006 revised OTC model rule, and which had a 2009 compliance date.
Delaware’s SIP currently contains the most stringent provisions feasible at this point (i.e., those of the most recent OTC model rule adopted by any state).4
7 DE Admin. Code 1112 requires the control of NOx emissions from fuel burning equipment. Under 1112, units with maximum rated heat input capacities equal to or larger than 50 MMBtu/hr must be controlled by installation of either low excess air and low NOx burner technology or flue gas recirculation technology. Units between 15 and 50 MMBtu/hr must receive an annual tune up performed by qualified personnel to minimize NOx emissions. Most commercial/institutional combustion units are subject to the annual tune-up requirements, or are less than 15MMBtu/hr and are exempt from the requirements of 1112.
Additional control measures for this category are possible. 7 DE Admin. Code 1112 could be revised to achieve some additional NOx reductions:
1112 could be revised to require boilers in the 25 MMBTU/hr – 50 MMBTU/hr size range to install either low excess air and low NOx burner technology or flue gas recirculation technology. This would reduce NOx by up to 50% for each subject unit. Conservatively assuming that all emissions in this category would be impacted, this measure has the potential to reduce 2012 NOx emissions by up to 600 TPY, at a cost of more than $30,577/ton.
All units complied with 1112 through the installation of low NOx burners. As a result of Delaware’s 7 DE Admin. Code 1146 and a related Consent Decree, Calpine’s (formerly Conectiv) Edge Moor Electric Generating Station was required to take actions that have significantly reduced the NOx emissions rate from the electric generating units at that site. Units 3 and 4 have both been modified with additional NOx emissions controls: low-NOx burners, overfire air, and SNCR. Unit 5’s primary fuel is residual fuel oil, and incorporates low-NOx burners, overfire air, and SNCR for NOx emissions rate reduction. As of January 1, 2012, each unit has a NOx emissions rate limit of 0.125 lb/MMBTU, calculated on a rolling 24-hr basis. Each of these units in 2011 had an average annual NOx emissions rate of less than 0.1 lb/MMBTU.
Lightering emissions are controlled by vapor balancing under Section 46 of 7 DE Admin. Code 1124. Emission limitations are phased in between 2008 and 2012. In 2012 and beyond, lightering emissions are capped (i.e., all crude oil lightering emissions plus growth) at 43% of actual 2005 levels.
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The first is a 94 MMBTU/hr package boiler firing pipeline natural gas or #2 fuel oil, utilizes flue gas recirculation for NOx control in compliance with 7 DE Admin. Code 1112 and operates in compliance with its permitted NOx mass emissions limit of 39 tons/year and a permitted NOx emissions rate of 0.10 lb/MMBTU when firing natural gas and 0.11 lb/MMBTU when firing #2 fuel oil.
The second is a 220 MMBTU/hr boiler firing pipeline natural gas or #2 fuel oil, utilizes layered NOx reduction technologies to meet the requirements of 7 DE Admin. Code 1112 and 40 CFR Part 60 Subpart Db. The NOx reduction technologies utilized on this boiler are low NOx burners, flue gas recirculation, and SCR.…. with a permitted NOx mass emissions limit of 118 tons per year firing #2 fuel oil and 12 tons per year firing natural gas, and a permitted NOx emissions rate of 0.20 lb/MMBTU calculated on a 30 day rolling average
AIM coatings are regulated under Section 1 of 7 DE Admin. Code 1141. This regulation is based on an Ozone Transport Commission (OTC) model rule (which was based on California regulations), and which is much more stringent than the current federal rule. The compliance date of this regulation was 1/1/2005.
Delaware’s SIP currently contains the most stringent provisions feasible at this point (i.e., those of the most recent OTC model rule adopted by any state)8.
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Regulated under Section 4.0 of 7 DE Admin. Code 1141. 1141 is much more stringent than the most recent EPA CTG, and has broader coverage than the CTG (i.e., it covers field applied roofing adhesives and sealants not covered by the CTG). These requirements took effect on 5/1/2009.
All units are subject to RACT under 7 DE Admin. Code 1112 (NOx RACT), and PTE limits under 7 DE Admin. Code 1125. The combustion turbines are subject to NSPS under 7 DE Admin. Code 1120 and 40 CFR Part 60 Subpart GG.
Autobody refinishing is regulated under Section 11 of 7 DE Admin. Code 1124. This source category has undergone three rounds of regulation in Delaware since 1990 (i.e., 1st CTG RACT, then OTC Model Rule 1 in 2002, and now OTC Model Rule 2 which had a compliance date of 1/1/2012).
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Degreasing is regulated under Section 33 of 7 DE Admin. Code 1124. This category has undergone two rounds of regulation in Delaware (i.e., 1st CTG RACT, then OTC Model Rule 1 in 2002). This category is regulated much more stringently than required by the CTG.
Units 1-3 are subject to 7 DE Admin Code 1112 (NOx RACT) limits of 25 to 88 ppm, 1-hour average, depending on fuel and firing mode. Units 5-7 are subject to 7 DE Admin. Code 1112, plus they are controlled by SCR as required by 7 DE Admin. Code 1125 (NOx LAER plus offsets).
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This source category is covered under Section 1 of 7 DE Admin. Code 1141 and several section of CTG based 7 DE Admin. Code 1124.
This facility was subject to 7 DE Admin. Code 1112 (NOx RACT) and 1124 (VOC RACT). It was subject to beyond-RACT NOx control under Section 1 of 7 DE Admin. Code 1142.
This facility was subject to 7 DE Admin. Code 1112 (NOx RACT) and 1124 (VOC RACT).
7 DE Admin. Code 1124 (VOC RACT). NOx emissions are primarily from four gas fired central heat plant boilers, which are controlled by low NOx burners installed pursuant to 7 DE Admin. Code 1112 (NOx RACT).
NOx emissions are from a 75mmbtu/hr and a 115mmbtu/hr boiler, both equipped with low NOx burners/low excess air technology pursuant to 7 DE Admin. Code 1112 (NOx RACT). In addition, NOx from this facility are covered under a NSR PAL.
Open burning is restricted under 7 DE Admin. Code 1113.
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Section 1 of 7 DE Admin. Code 1141
48 mmbtu/hr boiler subject to annual tune-up to minimize NOx emission under 7 DE Admin. Code 1112 (NOx RACT). 96 mmbtu/hr boiler equipped with low NOx burner and low excess air technology under 7 DE Admin. Code 1112 (NOx RACT). Vapor degreaser and other VOC emission points subject to 7 DE Admin. Code 1124 (VOC RACT).
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These three units are controlled with low NOx burners installed pursuant to 7 DE Admin. Code 1112 (NOx RACT), with Unit 3 (the largest unit) also being controlled with overfire air. These units each have permit required short term NOx emission rate limits with a 24-hr averaging period, and collectively have a 24-hour mass emission limit.
As a result of 7 DE Admin. Code 1146, all three McKee Run units were converted from residual oil primary fuel to natural gas primary fuel with No. 2 oil backup.
VOC emissions are regulated under 7 DE Admin. Code 1124 (VOC RACT).
7 DE Admin. Code 1112 (NOx RACT)
Subject to Section 19 of 7 DE Admin. Code 1124, which is based on the most recent EPA CTG.
This also includes many combustion turbines and diesel generators with very low TPY emissions, but with very high TPD emissions on days conducive to ozone formation. These units are regulated under 7 DE Admin. Code 1144 and 1148. Control of all units with significant emissions on days conducive to the formation of ozone is critical to compliance with CAA 110(a)(2)(D)(i)(I).

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Note that section 4.0 of 7 DE Admin. Code 1125 requires BACT for any new source that emits greater than 5 TPY of NOx.

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Section 5 of 7 DE Admin. Code 1141 reduces VOC emission from this category by about 50%. It is not clear where the emissions from this category are reflected in the CSAPR inventory.

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Because of 7 DE Admin. Code 1141 and CTG based updates to 7 DE Admin. Code 1124 that took effect post-2008, we would expect 2014 emissions to be lower than 2008 emissions for this category.

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Delaware’s adjusted7 1990 base year SIP inventory emissions totaled 82,718 TPY, and 95,203 TPY for VOC and NOx, respectively. Delaware’s 2005 PEI demonstrates that emissions were reduced to 30,626 TPY, and 45,250 TPY for VOC and NOx, respectively8. This reduction (i.e., a 63% reduction in VOC and 52% reduction in NOx) was largely attributable to Delaware’s implementation of 7 DE Admin. Code 1125 (NSR), 7 DE Admin. Code 1112 (NOx RACT), and 7 DE Admin. Code 1124 (VOC RACT), 7 DE Admin. Code 1126 and 1136 (vehicle I/M) control measures.
While Delaware attained compliance with the 1-hour ozone NAAQS in 2005, it remained non-attainment for the 1997 8-hour ozone NAAQS. Between 2005 and 2009 Delaware adopted stringent control requirements applicable to its largest sources (e.g., EGUs, large ICI boilers, lightering).These control requirements generally incorporated phased-in compliance dates: a 2009 date to aid in attainment of the 1997 8-hour ozone NAAQS by the statutory deadline, and a later date, generally 2012/13, which was 1) looking forward to EPA finalization of a new 8-hour ozone NAAQS that was protective of public health9, and 2) that resulted in each source/source category being well controlled. During this time period Delaware also updated its VOC RACT requirements and adopted regional measures to reduce emission from large area source categories (e.g., AIM, Consumer Products, etc.).
EPA’s CSAPR projections give an indication of the effectiveness of Delaware’s current SIP measures once fully implemented (i.e., after 2013). EPA developed base case projection inventories for 2012 and 2014 as part of the CSAPR. The 2014 CSAPR inventory is detailed in Table 3-1,and both 2012 and 2014 10 CSAPR inventories are summarized in Table 3-3 below.
3.3 Cost Effectiveness of the measures in Delaware’s SIP
The large emission reductions discussed in Section 3.2 above have required a correspondingly large economic investment by Delaware.11 Table 3-4 below provides estimates of the cost to achieve the significant emission reductions discussed above:
$23,000 - $90,000 1
$1,200 - $5000 per ton2

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7 DE Admin. Code 1146 is a multi-pollutant regulation that covers NOx, SO2 and Hg. This cost is for the NOx pollutant only.

Delaware evaluated EPA’s final report “Direct Cost Estimates for the Clean Air Act Second Section 812 Prospective Analysis,” dated February 2011. This report estimates costs of “local controls” by each U.S. State. Delaware adjusted this cost data to account for state size by dividing by population from the 2010 census. Table 3-5 below compares the 2010 per capita cost invested in local controls by Delaware to the CSAPR covered states.
Under CAIR Delaware’s annual 2015 NOx EGU budget was 3,472 tons, and Delaware’s ozone season EGU budget was 1,855 tons. EPA’s 2014 projection indicates that Delaware’s annual EGU emissions are about 50% of the corresponding 2015 CAIR budget – in fact, Delaware’s annual EGU emissions (i.e., 12-months) are less than its 2015 CAIR ozone season budget (5-months).12
CAA § 110(a)(2)(D)(i)(I) covers a scope broader than EGUs. CAA § 110(a)(2)(D)(i)(I) requires a SIP to “Contain adequate provisions prohibiting…any source or other type of emissions activity…from emitting any air pollutant  in amounts which will contribute significantly…” Ozone and ozone precursors are transported and can contribute to ozone concentrations in downwind areas regardless of their source. To satisfy 110(a)(2)(D) a SIP must contain provisions that cover VOC and NOx emissions from any source or other type of activity within the state. A state has not satisfied 110(a)(2)(D) until 1) the total emissions from the state no longer impact any other nonattainment/maintenance area by more than 1% of the NAAQS, or 2) there are adequate provisions in the SIP that cover all sources or other type of activities in the State. If there are any sources not regulated, then 110(a)(2)(D) has not been satisfied.

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Last Updated: December 31 1969 19:00:00.
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