DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air Quality

GENERAL NOTICE

REGISTER NOTICE

Secretary’s Order No 2014-A-0014

RE: APPROVAL OF REVISION TO THE DELAWARE STATE IMPLEMENTATION PLAN

FOR MEETING Reasonably Available Control Technology REQUIREMENTS UNDER

THE FEDERAL CLEAN AIR ACT

Date of Issuance: July 18, 2014

Effective Date: August 11, 2014

This Order of the Secretary of the Department of Natural Resources and Environmental Control (Department) approves a proposed revision to the Delaware State Implementation Plan (SIP), which is issued as a state-wide air management plan under 29 Del.C. §6010.

Background

The United States Environmental Protection Agency (EPA) delegated authority to the Department to administer certain parts of the federal Clean Air Act (CAA) authority, including the establishment and management of a SIP. Delaware’s SIP sets forth the methods for Delaware to attain and maintain air quality that conforms to EPA’s primary and secondary National Ambient Air Quality Standards (NAAQS). The SIP sets forth the regulations, source specific requirements, and non-regulatory items, such as plans and emission inventories that will allow Delaware to meet the CAA standards. The current revision is to meet the requirements of the 2008 Ozone NAAQS, which established a ground-level ozone standard of 0.075 parts per million (ppm) in order to protect the environment and public health from the risk of excessive ozone levels. EPA in May 2012 designated New Castle County and Sussex County as nonattainment of the 2008 ground-level ozone NAAQS, which under Section 182(b)(2) of the CAA requires Delaware to submit to EPA by July 2014 a SIP revision that demonstrates that Delaware has implemented the necessary Reasonably Available Control Technology (RACT) requirements to stationary emission sources of precursors to ground-level ozone, i.e., volatile organic compounds (VOC) and oxides of nitrogen (NOx).

The Department’s Division of Air Quality (DAQ) prepared the proposed SIP revision, which has been available to the public since April 17, 2014 and published in the May 1, 2014 issue of the Delaware Register of Regulations, as well as legal notices in the April 27, 2014 Sunday News Journal and the Delaware State News. These public notices also provided notice of a June 2, 2014 public hearing at the Department’s Dover offices. The public was afforded an additional ten days for written public comments. The Department’s presiding hearing officer prepared the attached Report, which recommends approval of the SIP revision as prepared by DAQ. The Report is adopted to the extent it is consistent with this Order.

Findings and Reasons

The Department finds that the record supports approval of the SIP revision, which will amend the SIP to reflect changes in the RACT requirements. The changes updates the implementation of regulations to control the emissions of VOCs and NOx, and establishes NOx limits for two sources of NOx emissions at the Delaware City Refinery Company LP’s (DCRC) petroleum refinery, namely, the fluidized catalytic cracking unit (FCCU) and the fluid coking unit (FCU). The SIP revision also determines that the RACT control measures satisfies the CAA requirements for the 50 ton per year (and above) major VOC sources and for the 100 ton per year (and above) for the major NOx sources. While 25-50 TPY VOC sources and 25-100 TPY NOX sources are not specifically addressed in this SIP document, they remain subject to the 1-hour RACT requirements under Delaware Regulations and under the “anti-backsliding” provisions of the EPA 8-hour ozone implementation rule. Finally, the SIP revision demonstrates that Delaware has promulgated the necessary regulations that will meet current RACT levels and the 2008 ozone NAAQS.

The only public comments received on the SIP revision were from DCRC, at the hearing, which objected to the SIP’s determination of RACT-level limits for its FCU and FCCU equipment.

Four of DCRC’s comments were directed at claiming that the limits presented for FCU and FCCU operation were not RACT. DAQ, in its Technical Response Memorandum (TRM), did not agree with DCRC’s comments. DAQ’s proposed SIP revised relied on then available information from extensive testing of the FCU and FCCU using installed pollution abatement equipment for the FCU and FCCU. The proposed SIP revision for the FCU and FCCU was consistent with EPA’s definition of RACT because this equipment is installed and the operating conditions determined pursuant with the terms of a 2001 consent decree that continues to control aspects of the Department’s regulation of the refinery’s air emissions. On May 21, 2014 EPA issued its determination on what the FCU and FCCU NOx limits would be, and DCRC is subject to these limits in the near future. Accordingly, DAQ at the hearing revised the SIP to reflect the EPA determination.

The DAQ used limits based upon the existing controls installed on the FCU and FCCU, which were the subject of an extensive 18 month long optimization studies, which DAQ reviewed. These studies, along with DAQ’s expert opinion, provide ample justification for the FCU and FCCU having RACT limits established in Section 3.3 of the proposed SIP revision. DAQ properly determined the two units’ emission rates for purposes of the RACT’s SIP revision. Without question, the two units’ limits, as determined by EPA in its May 21, 2014 letters and accepted by DAQ’s experts, meet the definition of RACT, and, hence, should be reflected in the SIP. At the hearing, DAQ adopted the EPA determined NOx limits for the FCU and FCCU consistent with its use as the RACT in the SIP. This change was appropriate and necessary to make considering that EPA will review the SIP revision approved by this Order. The record remained open for public comment and none was received on the change, which was modest from the originally proposed SIP revision. The public had ample opportunity to comment following the hearing of this change, and DCRC commented, as discussed above. In sum, the EPA change should be reflected in the SIP revision and the Department properly reflected the change in its SIP revision.

The Department finds that the SIP revision should be adopted and submitted to EPA for approval. Approval of the SIP revision in final is supported by the record and consistent with the Department’s delegated duties under the federal Clean Air Act. In conclusion, the following findings and conclusions are entered:

1. The Department finds the proposed SIP revision is supported by the record and should be adopted as a final SIP revision;

2. The Department finds that the SIP revision should be submitted to EPA for EPA’s review in order that the SIP may be approved by EPA; and

3 The Department shall publish notice of this Order in the same manner as the notice of the proposed SIP revision.

David S. Small, Secretary

Delaware Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Under the 2008 Ozone National Ambient Air Quality Standard (NAAQS)

Submittal To U.S. Environmental Protection Agency

Submitted By Delaware Department of Natural Resources and Environmental Control

[May August] 2014

This document contains Delaware’s State Implementation Plan (SIP) revision for meeting the Reasonably Available Control Technology (RACT) requirements of the Clean Air Act (CAA) under the 8-hour ozone National Ambient Air Quality Standard (NAAQS) set forth by US Environmental Protection Agency (EPA) in 2008. The document is hereafter referred to as “Delaware’s 2008 8-hour ozone RACT SIP revision,” or simply as “the 2008 RACT SIP.”

1.1 Background and Requirements

Ground-level ozone, one of the principal components of “smog,” is a serious air pollutant that harms human health and the environment. High levels of ozone can damage the respiratory system and cause breathing problems, throat irritation, coughing, chest pains, and greater susceptibility to respiratory infection. High levels of ozone also cause serious damage to forests and agricultural crops, resulting in economic losses to logging and farming operations.

In March 2008, the EPA revised the 1997 8-hour ozone NAAQS of 0.08 parts per million (ppm) to 0.075 ppm (73 FR 16436). The 2008 ozone standard of 0.075 ppm is expected to provide better protections of public health and environment. In a final rule of May 2012, the EPA designated 46 areas in the country as nonattainment for the 2008 ozone standard. New Castle County of Delaware was designated as nonattainment as a part of the Philadelphia-Wilmington-Atlantic City Marginal Non-Attainment Area (NAA) (77 FR 30088). Since this marginal NAA is centered by the City of Philadelphia, it is often referred to as “the Philadelphia NAA.” In the same final rule, Sussex County of Delaware was designated as a stand-alone nonattainment area, called “Seaford Marginal NAA,” and Kent County was in attainment (77 FR 30088). The EPA made the designations of these three counties based on their 2009-2010-2011 design values. Figure 1 presents a geographic demonstration of Delaware’s three counties.

Ozone is generally not directly emitted to the atmosphere. It is formed in the atmosphere by photochemical reactions among volatile organic compounds (VOC), oxides of nitrogen (NOX), and carbon monoxide (CO) in the presence of sunlight. Consequently, in order to reduce ozone concentrations in the ambient air, the CAA requires all ozone non-attainment areas, and areas in the Ozone Transport Region (OTR) established pursuant to Section 184 of the CAA, to implement relevant control measures on VOC and NOX emission sources to achieve emission reductions.¹ Among effective control measures, the Reasonably Available Control Technology (RACT) controls are a major group for reducing VOC and NOX emissions from stationary sources.

The EPA has defined the RACT as the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility (44 FR 53762). Section 182 of the CAA sets forth two separate RACT requirements for ozone non-attainment areas. The first requirement, contained in section 182(a)(2)(A) of the CAA, and referred to as RACT fix-up, requires the correction of RACT rules for which EPA identified deficiencies before the Act was amended in 1990. Delaware has no deficiencies to correct under this section of the CAA. The second requirement, set forth in section 182(b)(2) of the CAA, applies to moderate or worse ozone non-attainment areas (NAAs) as well as to all areas within the OTR, and requires these areas to implement RACT controls on all major VOC and NOX emission sources and on all sources and source categories covered by Control Technique Guidelines (CTGs) and Alternate Control Techniques (ACTs) issued by EPA.

Figure 1. Delaware’s NAA under the 2008 Ozone Standard: New Castle County in the Philadelphia NAA and the Seaford NAA.

Under section 183 of the CAA, EPA is required to develop and issue by certain timeframes relevant guidance documents for RACT controls that help states meet the requirements of Section 182(b)(2). This requirement upon EPA includes developing (1) CTGs for controls of VOC emissions from stationary sources, and (2) ACTs for controls of VOC and NOX emissions from stationary sources. The controls in both CTG and ACT documents provide a basis for RACT determination.

Historically, the EPA has issued three groups of CTG documents, establishing a “presumptive norm” for RACT controls for various categories of VOC sources: Group I, issued before January 1978 including 15 CTGs; Group II, issued in 1978 including 9 CTGs; and Group III, issued in the early 1980s including 5 CTGs. Sources not covered by the issued CTGs are referred to as non-CTG sources. The EPA has also issued numerous ACTs for various categories of VOCs and NOX sources. In addition, the EPA updated some CTGs in the 2006-2008 periods. All published CTG and ACT documents, along with other documentation, are listed in Section 5 of this document.

Section 182(b)(2) of the CAA requires states with ozone non-attainment areas classified as moderate or worse to implement RACT controls for all pre-enactment (i.e., pre-1990) CTG source categories, for all sources subject to post-enactment (i.e., post-1990) CTGs, and for all non-CTG major sources in their non-attainment areas. In addition, Section 184(b)(1) of the CAA requires states within the OTR to implement RACT controls with respect to all CTG-ACT sources, whether those sources are in non-attainment or attainment areas. As a general guidance from EPA, a state should use current EPA CTG/ACT guidance and other information available in making RACT determination.² The EPA also points out that while the CTGs and ACTs provide a starting point for the RACT control analysis, RACT level controls can change over time as new technology becomes available or the cost of existing technology adjusts, and states are encouraged to use the latest information available in other forms when making RACT determinations, whether that information is in CTGs, ACTs, or in other guidance or forms that are available, or through information submitted during the public review process.³

Under the 1-hour ozone NAAQS of 0.12 ppm, Kent County and New Castle County of Delaware were designated as a part of the Philadelphia severe ozone NAA, and Sussex County was designated as a marginal ozone non-attainment area within the OTR. Therefore, all three counties were subject to the RACT requirements under the 1-hour ozone standard. Consequently in the 1990s, Delaware implemented numerous RACT controls throughout the state to meet the CAA’s RACT requirements. These RACT controls were promulgated in Delaware Air Pollution Control Regulation No. 24 for VOC sources and Regulation No. 12 for NOX sources⁴.

In 1997, the EPA revised the 1-hour ozone NAAQS to an 8-hour standard of 0.08 ppm (62 FR 38856). Under the 1997 8-hour ozone NAAQS, the entire state of Delaware was designated a part of the Philadelphia moderate NAA, and therefore continued to be subject to the CAA RACT requirements. Delaware promulgated and revised its RACT regulations, and again demonstrated that it completely complied with the CAA RACT requirements for all three counties in a SIP revision submitted to the EPA in September 2006. That SIP revision, entitled “Delaware Reasonable Available Control Technology (RACT) State Implementation Plan (SIP) under the 8-Hour Ozone National Ambient Air Quality Standard (NAAQS),” was approved by the EPA in July 2008 (73 FR 42681). The EPA’s approval was based on a thorough review of all Delaware’s RACT-related regulations. Such approval indicated that Delaware fulfilled the CAA RACT requirements under the 1997 8-hour ozone NAAQS.

As aforementioned, the EPA revised the 1997 ozone standard to a new 0.075 ppm level in 2008 (73 FR 16483). Under the 2008 ozone standard, New Castle County and Sussex County are in marginal non-attainment, and Kent County is in attainment. Since Delaware is located within the OTR, under Section 184(b)(1) of the CAA, all three counties of Delaware are again subject to the RACT requirements set forth in the CAA Section 182(b)(2).

The EPA requires that Delaware meets the RACT requirements for all three counties through (1) certifying that previously-adopted RACT controls in its SIP revisions approved by EPA under the 1997 8-hour ozone NAAQS represent adequate RACT control levels for the new 2008 8-hour attainment purposes, or (2) adopting new or updated more stringent regulations that represent adequate RACT control levels under the new 2008 ozone standard. Certification shall be accompanied by appropriate supporting information such as consideration of information received during the public comment period and consideration of new data, that may supplement existing RACT guidance documents that were developed for the 1997 8-hour standard, such that the state SIPs accurately reflect RACTs for the new 2008 8-hour ozone standard based on the current availability of technically and economically feasible controls. Adoption of new RACT regulations shall occur when states have new stationary sources not covered by existing RACT regulations, or when new data or technical information indicates that a previously adopted RACT measure does not represent a newly-available RACT control level. Delaware has decided to use both certification and adoption in this SIP revision to demonstrate its fulfillment of the CAA RACT requirements under the 2008 ozone standard.

It should be pointed out that under the 1-hour ozone standard, Delaware’s New Castle County and Kent County were designated as severe NAAs and adopted 25 tons per year (TPY) as the threshold for major sources of both VOC and NOx according to Section 182(d) of the CAA. Under the 1997 8-hour ozone NAAQS, the entire state of Delaware (i.e., all three counties) was designated as moderate non-attainment area. Therefore, in its 2006 RACT SIP, the major source threshold was 50 tons per year (TPY) for non-CTG stationary VOC sources and 100 TPY for stationary NOX sources. Under the 2008 8-hour ozone standard, New Castle County and Sussex County are designated as the marginal NAAs, and Kent County is in attainment. According to Section 184(b)(2), in this 2008 RACT SIP revision, the major source threshold stays 50 TPY for non-CTG stationary VOC sources and 100 TPY for stationary NOX sources. However, the 25-50 TPY VOC sources and 25-100 TPY NOx sources remain subject to Delaware RACT rules in this document under the “anti-backsliding” provisions of the CAA and EPA’s ozone implementation rule for the 2008 ozone standard (78 FR 34178)⁵. In addition, all of Delaware’s RACT regulations apply state-wide.

In summary, through this RACT SIP revision Delaware demonstrates that its ozone-related SIP regulations meet the CAA’s RACT requirements for the 50 TPY CTG and non-CTG major VOC sources and for all 100 TPY NOX sources, and that all CTG covered source categories are addressed at the emission thresholds set in the CTG or in the “Blue Book” (Reference 63) for those CTG categories for which the CTG set no emission threshold. This demonstration is an analysis and certification that the control measures in Delaware SIP-approved regulations are based on currently available technically and economically feasible controls, and they represent RACT control levels adequate for implementing the 2008 8-hour ozone standard.

1.2 Responsibilities

The agency with direct responsibility for developing and submitting this SIP document is Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Air Quality (DAQ), under the Division Director, Ali Mirzakhalili, P.E.. The working responsibility for Delaware’s air quality SIP planning falls within DAQ’s Planning Branch, with Branch Manager Ronald A. Amirikian. David Fees, P.E., managing engineer of the planning branch, is supervising this SIP revision development. Frank F. Gao, Ph. D. and P.E., of the planning branch, is the project leader and principal author of this document.

2.1 Certification of VOC RACT Requirements

Delaware’s VOC RACT controls are contained in 7 DE Admin Code 1124, “Control of Volatile Organic Compound Emissions” (hereafter in this document referred to as Regulation 1124). Various sections in Regulation 1124, covering corresponding VOC sources, were originally developed and implemented into Delaware SIP under the 1-hour ozone standard or the 1997 8-hour ozone standard, and have been periodically updated based on advancements in technology. All major sources in Delaware and all CTG/ACT covered sources with applicability cut-off levels consistent with the “Blue Book” (Reference 63) are covered by adequate RACT controls in the corresponding Regulation 1124 sections.

Identification and certification/adoption of Regulation 1124 VOC RACT controls for meeting the 2008 8-hour ozone standard is provided in Table 1. Explanations for the columns of Table 1 are as follows:

Column 1: Identifies each section of Regulation 1124 that contains a Delaware VOC RACT rule. The effective date of each section is also provided in this column. In general, Regulation 1124 sections requires major VOC emitting sources to comply with the relevant deadlines specified in the CAA and EPA’s implementation rules for the NAAQS.

Notes for Column 1:

(1) Column 1 does not include Sections 1 through 7 and Section 9 of Regulation 1124 because those sections are general administrative provisions on how to implement RACT controls, but not actual RACT controls.

(2) An asterisk mark (*) indicates a certification that the section is unchanged as approved by EPA in Delaware’s 2006 RACT SIP under the 1997 ozone standard.

(3) A two-asterisk mark (**) indicates that the section is either newly adopted or revised to meet new requirements.

Column 2: Identifies the underlying basis for each RACT control rule and its implementation.

Column 3: Identifies the date the RACT rule was approved into the Delaware SIP, along with the Federal Register citation.

Column 4: Explains briefly the RACT control applicability and requirements.

Column 5: Determines, via certification or adoption, whether the rule represents the current RACT requirement under the 2008 8-hour ozone NAAQS.

Notes for Column 5:

(1) When certifying that a current SIP-approved rule represents the RACT level under the 8-hour ozone standard, DAQ affirms that it is not aware of any significant change in the RACT control technology after the previous RACT SIP determination that would affect this RACT SIP compliance determination. In other words, the current SIP-approved rule still sets up the lowest emission limitations that the covered source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

(2) When adopting a new rule or revising an earlier version of a SIP-approved rule, DAQ affirms that the newly adopted version of the rule represents the new or more stringent RACT control levels specified in the EPA’s most updated CTG/ACT documents, or in an agreement among regional affiliations of state agencies (such as an OTC model rule), or in new technology information from other sources. Those control levels represent the lowest emission limitations that the covered source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

(3) Any discussion on cost effectiveness is relative only to this RACT SIP, and is not relevant as to whether or not control of a particular source or source category is cost effective relative to Delaware’s entire SIP.

It should be pointed out that Delaware’s minor source permitting program under 7 DE Admin. Code 1102, “Permits” (hereafter in this RACT SIP referred to as Regulation 1102), requires a detailed administrative and technical review of Delaware sources that emit air contaminants at levels far below the major source threshold and CTG cutoffs. For example, permits are required for the emission of 10 pounds per day or more of “aggregate” air contaminants, and registrations for emissions between 0.2 and 10 lb/day of air contaminants. This permitting program gives additional confidence that all major and CTG covered sources are controlled by RACT or better controls.

Table 1. Delaware VOC RACT Control List and Determination of Compliance under the 2008 Ozone NAAQS

2.2 Implementation of Non-CTG Specified VOC Controls

As indicated in Table 1 above, Delaware has certified that Regulation 1124 contains adequate VOC RACT controls under the 2008 ozone standard. In addition to Table 1, Delaware has implemented numerous non-CTG-ACT specified VOC controls to achieve further VOC emission reductions for attainment and maintenance of the ozone NAAQS. In general, those non-specified controls are developed for meeting requirements of the CAA Section 182(b)(2)(C) and related federal regulations, or for fulfilling Delaware’s commitments for model rules agreed upon by regional state affiliations such as the Ozone Transport Commission (OTC), in which Delaware is a member state. Although those controls are not included in the current CTG-ACT documents, they are based on recent technical information available in other forms. DAQ believes that those additional or more stringent controls will help Delaware attain the ozone NAAQS as expeditiously as practicable.⁶ The non-CTG specified VOC rules are discussed below.

2.2.1 Regulation 1141 Section 1.0 “Architectural and Industrial Maintenance (AIM) Coatings”

(1) This rule became effective on 03/11/2002 to control VOC emission from AIM coating activities;

(2) This rule was developed to fulfill Delaware’s commitment for the OTC 2002 Model Rule-Architectural and Industrial Maintenance (AIM) Coatings;

(3) It applies to any person who supplies, sells, offers for sale, blends, repackages for sale, or manufactures any architectural coating for use in Delaware;

(4) It establishes VOC content limits in various coating materials;

(5) It sets up requirements for container labeling, recordkeeping, reporting and testing;

(6) This rule is currently under evaluation for more stringent requirements.

2.2.2 Regulation 1141 Section 2.0 “Consumer Products”

(1) This rule became effective on 04/11/2009 to control VOC emissions from using consumer products;

(2) This rule was developed to fulfill commitments for the OTC 2006 Model Rule-Consumer Products;

(3) It applies to any person who sells, supplies, offers for sale, or manufactures consumer products in Delaware;

(4) It establishes VOC content limits for all covered consumer products;

(5) It sets up requirements for container/package labeling, recordkeeping, reporting and testing, as well as for surplus reductions and trading;

(6) This rule is currently under evaluation for more stringent requirements.

2.2.3 Regulation 1141 Section 4.0 “Adhesives and Sealants”

(1) This rule became effective on 04/11/2009 to control VOC emissions when using adhesives and sealants;

(2) This rule was developed to fulfill commitments for the OTC 2006 Model Rule-Adhesives and Sealants (Note that this model rule was the basis for EPA’s 2008 updated CTG Miscellaneous Industrial Adhesives (EPA-453/R-08-005, September 2008));

(3) It applies to any person who sells, supplies, offers for sale, or manufactures for sale adhesives, adhesive primers, sealants and sealant primers in Delaware;

(4) It establishes VOC content limits in covered materials, and requirements for compliance and testing, as well as recordkeeping and reporting.

3.1 Certification of NOX RACT Requirements

Delaware’s NOx RACT controls are specified into source groups in 7 DE Admin. Code 1112, “Control of Nitrogen Oxides Emissions” (hereafter in this document referred to as Regulation 1112), which forms the basic NOx RACT framework. Within this framework, other rules are developed and implemented for relevant subgroups, including 7 DE Admin. Code 1144 “Control of Stationary Generator Emissions” (hereafter referred to as Regulation 1144), 7 DE Admin. Code 1146 “Electric Generating Units (EGUs) Multi-Pollutant Regulation” (hereafter referred to as Regulation 1146), and 7 DE Admin. Code 1148“Control of Stationary Combustion Turbine Electric Generating Unit (EGU) Emissions” (hereafter referred to as Regulation 1148).

Sections in Regulation 1112 were first developed and implemented into Delaware SIP revisions under the 1-hour ozone standard, and then included in Delaware’s RACT SIP under the 1997 8-hour ozone standard. All those sections were approved by EPA as adequate for meeting the RACT requirements under the 1997 ozone standard (73 FR 42681, July 2008). Regulation 1144 was adopted in January 2006 to tighten the requirements covering internal combustion engines. Regulation 1146 was adopted in December 2006 to tighten the requirements covering EGUs. Regulation 1148 was adopted in July 2007 to tighten the requirements covering combustion turbines.

Certification of Delaware’s NOx RACT controls for meeting the 2008 8-hour ozone standard is provided in Table 2, which is laid out by following the framework of source groups in Regulation 1112. Explanations for the columns of Table 2 are as follows:

Column 1: Identifies NOX source groups being covered.

Regulation 1112, with an effective date of 11/24/1993, requires all major NOX emission sources to comply with the relevant provisions by May 31, 1995. Regulations 1144, 1146 and 1148, covering relevant subgroups, have subsequent compliance dates (See Section 3.2 of this document).

Column 2: Identifies the underlying basis for the NOx RACT control levels and compliance determination.

The fundamental basis of implementing NOX RACT controls is CAA Sections 182(b)(2) and 182(f) (Citation of those CAA sections is not repeated in Column 2).

Column 3: Identifies the date the rule was approved by EPA into the Delaware SIP, along with the Federal Register citation.

Regulation 1112 was first implemented in November 1993, and conditionally approved by EPA in June 1999. After Delaware submitted four case-by-case RACT determinations in July 2000, EPA granted the final approval of Regulation 1112 on June 14, 2001 (66 FR 32231). Regulation 1144 was approved by EPA on August 11, 2010 (75 FR 48566). Regulation 1146 was approved by EAP on March 16, 2010 (75 FR 12449). Regulation 1148 was approved by EPA on August 11, 2010 (75 FR 48566).

Column 4: Explains RACT control requirements.

Column 5: Certifies that the rule represents the RACT control level under the 2008 ozone NAAQS.

Relevant subgroups being covered in Regulation 1144, Regulation 1146, and Regulation 1148 are briefly discussed in Column 5. More detailed discussions of Regulations 1144, 1146 and 1148 are presented in Section 3.2 of this document.

Delaware’s minor source permitting program under Regulation 1102 “Permits” requires a detailed administrative and technical review of Delaware NOx sources that emit far below the “major” threshold” (i.e., permits are required for the emission of 10 pounds per day or more of “aggregate” air contaminants, and registrations for emissions between 0.2 and 10 lb/day of air contaminants). This permitting program gives confidence that all major NOx sources are currently controlled by RACT-level controls or more stringent controls.

Table 2. Delaware NOx RACT Control List and Determination of Compliance under the 2008 Ozone NAAQS

3.2 Implementation of Non-CTG Specified NOx Controls

As indicated in Table 2 above, Delaware has certified that the framework of Regulation 1112, including Regulations 1112, 1142, 1144, 1146 and 1148 contains adequate NOX RACT controls under the 2008 ozone standard. As aforementioned, Regulation 1112 was developed following CTG-ACT guidelines under the 1-hour ozone standard and maintained valid under the 1997 8-hour ozone standard. Delaware has also developed Regulations 1142, 1144, 1146, 1148 and other controls to implement additional RACT-level rules and requirements to aid in maintenance of the 1-hour standard and attainment of the 8-hour NAAQS. In general, those non-CTG specified rules are developed for meeting requirements of the CAA Section 182(b)(2) and related federal regulations, or for fulfilling Delaware’s commitments for model rules agreed upon by regional state affiliations such as the Ozone Transport Commission (OTC), in which Delaware is a member state.

As aforementioned, EPA has defined RACT as the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility (44 FR 53762). This definition indicates that the RACT requirements must include compliance with the lowest emission levels that were achieved in the past, are achieved at present, or will be achieved in the future under facility’s operational limitations (such as operational permits) and equipment standards that were previously applicable, are presently applicable, or will become applicable in the future, respectively. The DAQ believes that the development of its non-CTG specified NOx rules reflects exactly the EPA’s RACT definition, and DAQ has determined that those rules are necessary for Delaware to attain the 2008 ozone NAAQS.

The non-CTG NOx rules are discussed in details below.

3.2.1 Regulation 1142 Section 1.0 “Control of NOX Emissions from Industrial Boilers”

(1) This rule became effective on 12/12/2001 to control NOx emissions from large industrial boilers;⁷

(2) It imposes controls on certain industrial boilers with heat input greater than 100 mmBTU/hour, by setting up a NOx emission rate limit of 0.10 lb/mmBTU for the ozone season, and 0.25 lb/mmBTU for the non-ozone season months.

(3) It also establishes the requirements of monitoring, recordkeeping and reporting for the covered boilers.

3.2.2 Regulation 1142 Section 2.0 “Control of NOX Emissions from Industrial Boilers and Heat Processors at Petroleum Refineries”

(1) This rule became effective on 04/11/2011 to control NOx emission from large industrial boilers and heat processor at petroleum refineries;

(2) It was originally developed to fulfill requirements to attain the 1997 ozone standard and was revised following a consent agreement of May 2010 between the Department and the covered refinery;

(3) It imposes stringent NOx emission rate limits, and corresponding compliance schedule, for 8 industrial boilers and heat processors with heat input greater than 200 mmBTU/hour at Delaware City refinery, operated by Delaware City Refinery Company (DCRC) (the only petroleum refinery in Delaware);

(4) The emission rate limits include: 0.015 lb/mmBTU on a 24-hour rolling average basis for three boilers, 20 ppmvd@0% O2 on a 365-day rolling average basis for a CO boiler, and 0.04 lb/mmBTU on a 24-hour rolling average basis process heaters;

(5) It establishes an alternative facility-wide NOx emission cap for the covered facility:

i. 2,525 tons in 2013;

ii. 2,225 tons in 2014;

iii. 1,650 tons in 2015;

(6) It also establishes the requirements of compliance, recordkeeping and reporting for the covered refineries.

3.2.3 Regulation 1144 “Control of Stationary Generator Emissions”

(1) This regulation became effective on 01/11/2006 to control NOx emissions, as well as other pollutant emissions, from stationary generators;

(2) It was developed from Delaware governor’s initiative for clean energy and clean air, and later became the template of the OTC Model Rule for Stationary Generator Control Measures (2009);

(3) It addresses short term NOx emissions from the covered sources and reduces their daily impacts on ozone air quality during the ozone season.

(4) It sets up stringent NOx emission rates for stationary distributed generators, with standby power ratings greater than 10kW, when used at times other than emergency times;

(5) The emission rate limits include:

i. For existing distributed generators: 4.0 lb/MWh;

ii. For new distributed generators:

a. Installed on or after 01/11/2006, 2.2lb/MWh;

b. Installed on or after 01/01/2008, 1.0 lb/MWh;

c. Installed on or after 01/01/2012, 0.6 lb/MWh;

(6) For new distributed generators using waste/landfill/digester gases and installed on or after 01/01/2008: 2.2 lb/MWh;

(7) It establishes requirements for recordkeeping and reporting, emission certification, compliance and enforcement, and emission credit calculations for the covered generators.

(8) The stationary generators covered by Regulation 1144 are in general exempted from Regulation 1112 because of their small capacities. Delaware, however, determines that these units had high daily NOx emissions and therefore should be controlled to aid in attainment and maintenance of the ozone NAAQS during the ozone season.

3.2.4 Regulation 1146 “Electric Generating Units (EGU) Multi-Pollutant Regulation”

(1) This regulation became effective on 12/11/2006 to limit NOx emission rates and to establish unit-specific annual NOx mass emissions caps, as well as SO2 and mercury emission rates and mass emissions caps, from coal and residual oil fired EGUs with a nameplate rating of 25 MW or greater;

(2) It was developed to fulfill Delaware’s obligations under the EPA’s Clean Air Interstate Rule (CAIR), EPA’s Clean Air Mercury Rule (CAMR), and Clean Air Act (CAA) Section 110 Interstate Transport FIP;

(3) It set up stringent NOx emission rate limit of 0.15 lb/mmBTU for coal-fired and residual oil-fired EGUs with nameplate capacity ratings of greater than 25 MW during the period of May 1, 2009 through December 31, 2009, and a NOx emissions rate limit of 0.125 lb/MMBTU for the period beginning January 1, 2010 and beyond;

(4) It establishes standards for recordkeeping and reporting, compliance, and penalties for the covered EGUs.

3.2.5 Regulation 1148 “Control of Stationary Combustion Turbine Electric Generating Unit (EGU) Emissions”

(1) This regulation became effective on 07/11/2007 to control NOx emissions from stationary combustion turbine EGUs with base-load nameplate capacities of 1 MW or greater;

(2) It was developed to fulfill requirements for controlling NOx emissions in high-electric-demand-days (HEDDs) during the ozone season, as required in the OTC Model Rule for HEDD Turbines (2009);

(3) It addresses short term NOx emissions from the covered sources and reduces their daily impacts on ozone air quality during the ozone season.

(4) It sets up RACT-level NOx emission limits, 42 ppmv (parts per million by volume) for gaseous fuel and 88 ppmv for liquid fuel, for the covered EGUs;

(5) It also implements NOx emission requirements for covered combustion turbine EGUs in HEDDs during the ozone season;

(6) It establishes standards for monitoring and reporting, recordkeeping for the covered EGUs.

(7) The stationary combustion turbines covered by Regulation 1148 are in general exempted from Regulation 1112 because of their small capacities. Delaware, however, determines that these units had high daily NOx emissions and therefore should be controlled to aid in attainment and maintenance of the ozone NAAQS in the ozone season.

3.3 Optimized Operation Limits as RACT Controls for Refinery Units

The DAQ has recently reviewed Delaware emission inventory and has determined that the requirements of Regulation 1112, Section 2.0 of 1142, 1144, 1146, and 1148 provide adequate NOx RACT emissions controls under the 2008 ozone standard for all NOx emission units except for two units located at the Delaware City Refinery. These two units are the fluid-coking unit (FCU) and the fluid-catalytic-cracking unit (FCCU).

The Delaware City refinery currently complies with Section 2.0 of Regulation 1142 by compliance with a facility-wide NOx emission cap. [While In addition, NOx short-term and long-term emission limits from] the FCU and the FCCU are covered under [the facility-wide NOx cap, these two units themselves are not covered by any RACT emission limitation an EPA consent decree finalized in letters from EPA to the refinery dated May 21, 2014]. Delaware hereby establishes [the consent decree limits as] RACT limits for these two units [via the following analysis as follows]:

(1) The FCU and FCCU each generate NOx and carbon monoxide (CO), the latter being combusted in a downstream CO Boiler;

(2) [Both tT]he FCU and FCCU [operations have been optimized to minimize NOx emissions. These optimized levels of operation have resulted in the following concentration-based] NOx limits [are established as follows]:

i. FCU: 152[.0] ppmvd [(parts per million by volume dry)] @ 0% O2 on a [24-hour 7-day rolling] average basis and [118 115.2]ppmvd [(parts per million by volume dry)] @ 0% O2 on a 365-day [rolling] average basis;

ii. FCCU: [118 137.0] ppmvd @ 0% O2 on a 7-day [rolling] average basis and [98 100.7] ppmvd @ 0% O2 on a 365-day [rolling] average basis;

(3) [The optimized limits were demonstrated with the sample analyses using EPA’s ProUCL software that at 95% confidence level (1) 95% of the 24-hour rolling average of FCU, (2) 99% of the 7-day rolling average of FCCU, and (3) 95% of the 365-day rolling average of both FCU and FCCU, would be in compliance with the limits For days in which the units are not operating, no NOx value shall be used in the average, and those periods shall be skipped in determining the 7-day and 365-day averages];

(4) The DAQ finds the optimized limits described above to be the lowest emission limitation that the units are capable of meeting by the application of control technology that is reasonably available for the two units considering technological and economic feasibility.

(5) The DAQ incorporates hereby the following into this RACT SIP revision for the FCU and FCCU to meet the RACT requirements under the 2008 ozone standard:

i. The optimized limits as described in (4) above;

ii. The compliance requirements as specified in Section 2.4.1 of Regulation 1142.

iii. The recordkeeping and reporting requirements as specified in Section 2.5 of Regulation 1142, with a revised submittal date of January 11, 2015 for Section 2.5.1 thereof.

Some RACT controls have not been adopted in Delaware because there are no targeted emission sources in Delaware. The DAQ makes the negative declarations for the following RACT controls:

1) Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires, EPA-450/2-78-030, December 1978. (Group II).

2) Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations, EPA-453/R-96-007, April 1996.

3) Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating) - August 1996 (61 FR 44050), August 27, 1996.

4) Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials. EPA-453/R-08-004, September 2008.

In addition, in its implementation rule for the 1997 ozone standard (70 FR 71612, November 29, 2005), EPA identified that cement kilns and stationary internal combustion engines were two source categories for which additional NOX control information was available since the RACT determinations under the 1-hour ozone standard were made. However, Delaware declares that (1) it does not have cement kilns within its boundary and (2) the stationary internal combustion engines in Delaware are regulated by the federal RICE NESHAP & NSPS rules (Note that the subgroup of stationary generators is now covered by Regulation 1144).

Furthermore, Delaware declares that it does not have any new major stationary VOC and NOX emission sources that fall outside the scope of the implemented RACT VOC rules (i.e., sections in Regulation 1124), RACT NOx rules (i.e., source groups of Regulation 1112), and other VOC rules and NOx rules discussed in 2.2 and 3.2 of this document, respectively.

A. List of EPA’s Control Techniques Guidelines (CTG) documents, Alternative Control Techniques (ACT) documents, and Additional Reference Documents, cited in this RACT SIP revision.

1. Control Technology Guidance (CTG) document: Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations, EPA-453/R-97-004, December 1997.

2. Alternative Control Techniques (ACT) document: Reduction of Volatile Organic Compound Emissions from Automobile Refinishing, EPA-450/3-88-009, October 1988.

3. ACT: Automobile Refinishing, EPA-453/R-94-031, April 1994.

4. ACT: Surface Coating of Automotive/Transportation and Business Machine Plastic Parts, EPA-453/R-94-017, February 1994.

5. CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks, EPA-450/2-77-008, May 1977 (Group I).

6. CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume III: Surface Coating of Metal Furniture, EPA-450/2-77-032, December 1977.

7. CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume V: Surface Coating of Large Appliances, EPA-450/2-77-034, December 1977 (Group I).

8. CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume IV: Surface Coating of Insulation of Magnet Wire, EPA-450/2-77-033, December 1977 (Group I).

9. CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume VI: Surface Coating of Miscellaneous Metal Parts and Products, EPA-450/2-78-015, June 1978 (Group II).

10. CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume VII: Factory Surface Coating of Flat Wood Paneling, EPA-450/2-78-032, June 1978 (Group II).

11. CTG: Control of Volatile Organic Emissions from Bulk Gasoline Plants, EPA-450/2-77-035, December, 1977 (Group I).

12. CTG: Control of Volatile Organic Emissions from Bulk Gasoline Plants, EPA-450/2-77-035, December, 1977 (Group I).

13. CTG: Design Criteria for Stage I Vapor Control Systems - Gasoline Service Stations, November 1975 (Group I).

14. CTG: Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals, EPA-450/2-77-026, December 1977 (Group I).

15. CTG: Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems, EPA-450/2-78-051, December 1978 (Group II).

16. CTG: Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds, EPA-450/2-77-025, October 1977 (Group I).

17. CTG: Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment, EPA-450/2-78-036, June 1978 (Group II).

18. CTG: Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks, EPA-450-2/78-047, December 1978 (Group II).

19. CTG: Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed Roof Tanks, EPA-450/2-77-036, December 1977 (Group I).

20. CTG: Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants, EPA-450/2-83-007, December 1983 (Group III).

21. CTG: Control of Volatile Organic Emissions from Solvent Metal Cleaning, EPA-450/2-77-022 November 1977 (Group I).

22. ACT: Halogenated Solvent Cleaners, EPA-450/3-89-030, August 1989.

23. CTG: Control of Volatile Organic Compounds from Use of Cutback Asphalt, EPA-450/2-77-037, December 1977 (Group I).

24. CTG: Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products, EPA-450/2-78-029, December 1978 (Group II).

25. CAA Section 182(b)(3).

26. CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume VIII: Graphic Arts-Rotogravure and Flexography, EPA-450/2-78-033, December 1978 (Group II).

27. CTG: Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners, EPA-450/3-82-009, September 1982 (Group III).

28. CTG: Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in SOCMI, November 15, 1993, EPA-450/4-91-031.

29. CTG: Control of Volatile Organic Compound Fugitive Emissions from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment, EPA-450/3-83-006, March 1984 (Group III).

30. CTG: Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins, EPA-450/3-83-008, November 1983 (Group III).

31. CTG: Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry, EPA-450/3-84-015, December 1984 (Group III).

32. CAA Section 183(f).

33. ACT: Control of Volatile Organic Compound Emissions from Batch Processes, EPA-453/R-93-017, February 1994.

34. ACT Document: Industrial Cleaning Solvents, EPA-453/R-94-015, February 1994.

35. CTG: Control of Volatile Organic Compound Emissions from Offset Lithographic Printing (CTG Draft), EPA-453/D-95-001, September 1993.

36. ACT: Offset Lithographic Printing, EPA-453/R-94-054, June 1994.

37. CTG: Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in SOCMI, November 15, 1993, EPA-450/4-91-031.

38. ACT: Volatile Organic Liquids Storage in Floating and Fixed Roof Tanks, EPA-453/R-94-001, February 1994.

39. CAA Section 182(b)(2)(C).

40. Stationary Source Committee Recommendation on NOx RACT for Utility Boilers, North-East States for Coordinated Air Use Management (NESCAUM), 8/12/1992.

41. Stationary Source Committee Recommendation on NOx RACT for Industrial Boilers, Internal Combustion Engines and Combustion Turbines, North-East States for Coordinated Air Use Management (NESCAUM), 9/18/1992.

42. Controlling Emissions of Nitrogen Oxides from Existing Utility Boilers Under Title I of the Clean Air Act: Options and Recommendations, State and Territorial Air Pollution Program Administrators and Association of Local Air Pollutions Officials (STAPPA/ALAPCO), 4/27/1992.

43. State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, USEPA, 10/27/1995.

44. Summary of NOx Control Technologies and their Availability and Extent of Application, USEPA, February 1992.

45. Alternative Control Techniques Document: NOx Emissions from Process Heaters (Revised), USEPA, September 1993.

46. Alternative Control Techniques Document: NOx Emissions from Industrial/Commercial/Institutional (ICI) Boilers, USEPA, March 1994

47. Alternative Control Techniques Document: NOx Emissions from Utility Boilers, USEPA, March 1994.

48. State’s Report on Electric Utility Nitrogen Oxides Reduction Technology Options for Application by the Ozone Transport Assessment Group (OTAG), prepared for the OTAG Control Technology & Options Workgroup by Ken Colburn, 4/11/1996.

49. Status Report on NOx Controls for Gas Turbines, Cement Kilns, Industrial Boilers, Internal Combustion Engines, NESCAUM, December 2000.

50. Summary of State/Local NOx Regulations for Stationary Sources, USEPA, 2004.

51. Summary of NOx Control Technologies and their Availability and Extent of Application, USEPA, February 1992.

52. Summary of NOx Control Technologies and their Availability and Extent of Application, USEPA February 1992

53. Memorandum subject, Fuel Switching to Meet the Reasonably Available Control Technology (RACT) Requirements for Nitrogen Oxides (NOx), Michael H. Shapiro, Air and Radiation, 7/30/1993

54. Memorandum subject, Nitrogen Oxides (NOx) Questions from Ohio EPA, Tom Helms, Chief Ozone/Carbon Monoxide Programs Branch, (no date cited, references 11/30/1993 questions)

55. State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, USEPA.

56. Alternative Control Techniques Document: NOx Emissions from Stationary Gas Turbines, USEPA, January 1993

57. Alternative Control Techniques Document: NOx Emissions from Stationary Reciprocating Internal Combustion Engines, USEPA 1993.

58. NOx Emissions from Stationary Internal Combustion Engines, USEPA, October 2003.

59. Stationary Reciprocating Internal Combustion Engines – Updated Information on NOx Emissions and Control Techniques – Revised Final Report, USEPA, 9/1/2000.

60. Sourcebook: NOx Control Technology Data, USEPA, July 1991.

61. Memorandum Subject: De Minimis Values for NOx RACT, from G.T. Helms, Ozone Policy and Strategies Group, dated 1/1/1995.

62. Alternative Control Techniques Document: NOx Emissions from Iron and Steel Mills, USEPA, September 1994.

63. The “Blue Book,” i.e., “ISSUES RELATED TO VOC REGULATION CUTPOINTS, DEFICIENCIES AND DEVIATIONS, Clarification to Appendix D of November 24, 1987 FEDERAL REGISTER,” May 25, 1988

64. Control Techniques Guidelines for Flat Wood Paneling Coatings. EPA 453/R-06-004, September 2006.

65. Control Techniques Guidelines for Industrial Cleaning Solvents. EPA 453/R-06-001, September 2006.

66. Control Techniques Guidelines for Flexible Package Printing. EPA 453/R-06-003, September 2006.

67. Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing. EPA-453/R-06-002, September 2006.

68. Control Techniques Guidelines for Paper Film and Foil Coatings. EPA 453/R-07-003, September 2007.

69. Control Techniques Guidelines for Metal Furniture Coatings. EPA 453/R-07-005, September 2007.

70. Control Techniques Guidelines for Large Appliance Surface Coating. EPA 453-07-004, September 2007.

71. Control Techniques Guidelines for Auto and Light-duty Truck Assembly Coatings. EPA 453/R-08-006, September 2008.

72. Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations. EPA 453/R-08-002, September 2008.

73. Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings. EPA-453/R-08-003, September 2008.

74. Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials. EPA-453/R-08-004, September 2008.

75. Control Techniques Guidelines for Miscellaneous Industrial Adhesives. EPA-453/R-08-005, September 2008.

76. Model Rule for Architectural, Industrial and Maintenance Coatings (AIM), Ozone Transport Commission (OTC), 2002.

77. Model Rule for Consumer Products, Ozone Transport Commission (OTC), 2006.

78. Model Rule for Adhesives and Sealants, Ozone Transport Commission (OTC), 2006.

79. Model Rule for Large Above-Ground VOC Storage Tanks, Ozone Transport Commission (OTC), 2010.

80. Model Rule for Solvent Degreasing, Ozone Transport Commission (OTC), 2012.

[81. Letter from U.S. EPA (Philip Brooks, Director of Air Enforcement Division) to the Delaware City Refining Company (John Deemer, HSE Manager) dated May 21, 2014, establishing NOx limits for the fluid coking unit (FCU) under the consent decree.

82. Letter from U.S. EPA (Philip Brooks, Director of Air Enforcement Division) to the Delaware City Refining Company (John Deemer, HSE Manager) dated May 21, 2014, establishing NOx limits for the fluidized catalytic cracking unit (FCCU) under the consent decree.]

B. Delaware Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) under the 8-Hour Ozone National Ambient Air Quality Standard (NAAQS), September 2006. Approved by EPA in July 2008 (73 FR 42681).

C. Delaware VOC RACT Regulation

Regulation 1124 Control of Volatile Organic Compound Emissions

http://regulations.delaware.gov/AdminCode/title7/1000/1100/Split1124/index.shtml#TopOfPage

(Note: Hard copy of this regulation is available upon request.)

D. Delaware NOx RACT Regulation

Regulation 1112 Control of Nitrogen Oxides Emissions

http://regulations.delaware.gov/AdminCode/title7/1000/1100/1112.shtml#TopOfPage

(Note: Hard copy of this regulation is available upon request.)

E. Other Delaware Regulations Included in This RACT SIP Document

Regulations are available at:

http://regulations.delaware.gov/AdminCode/title7/1000/1100/index.shtml#TopOfPage

(Note: Hard copies of the regulations are available upon request.)