Division of Air and Waste Management
Title of the Regulations:
Delaware Regulation Governing the Control of Air Pollution No. 1142 Section 2: Control of NOx Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries.
Brief Synopsis of the Subject, Substance and Issues:
The Clean Air Act Amendments of 1990 (CAA) requires Delaware, as part of the Philadelphia-Wilmington-Atlanta City non-attainment area, to attain the 8-hour ozone National Ambient Air Quality Standard (NAAQS) by 2010. Since oxides of nitrogen (NOx) is one of the two major precursors that form ozone in the lower atmosphere, Delaware must reduce NOx emissions in order to reduce ambient ozone concentrations, to attain the NAAQS. According to the requirements of US Environmental Protection Agency (EPA), NOx reductions must be achieved by May of 2009 to ensure attainment by 2010. Delaware's emission inventory data demonstrates that large industrial boilers and process heaters in petroleum refineries in Delaware are significant NOx emitting sources. Therefore, those large boilers and process heaters should be subject to appropriate NOx emission controls.
The proposed Regulation 1142 Section 2 will affect large refinery boilers and process heaters with heat input capacities equal to or greater than 200 million British thermal units per hour (mmBTU/hour). By setting up appropriate emission rate limits and control implementation schedules for those units, NOx emission reductions will be achieved in 2009 to help Delaware attain the ozone NAAQS, and additional reduction will be achieved in 2011-2012 period to help Delaware to maintain the ozone standard once it is attained.
The proposed regulation and the associated NOx emission reductions will be included in Delaware State Implementation Plan (SIP) revisions to demonstrate Delaware's capability to make reasonable progress towards attainment, to attain the ozone standard in 2010, and to maintain the ozone standard thereafter. Those SIP revisions are due to EPA by June 2007.
In addition to aiding the adequate progress toward, and ultimate attainment of the ozone NAAQS, the proposed regulation will aid Delaware in attaining the fine particulate matter (PM) NAAQS by 2010, help satisfy Delaware's compliance with the federal Clean Air Interstate Rule (CAIR) and the federal Nitrogen Oxides Transport State Implementation Plan (SIP) Call, help satisfy EPA's finding that Delaware failed to submit a Clean Air Act Section 110 SIP addressing upwind interstate transport for the ozone and fine particulate matter NAAQS, and improve visibility.
Notice of Public Comment:
A public hearing will be held on March 6, 2007, beginning at 6:00 pm, in DNREC Conference Room A, 391 Lukens Drive, New Castle, DE 19720.
Frank F. Gao, Project Leader Phone: (302) 323-4542
Date: January 11, 2007
Division of Air and Waste Management
Site Investigation and Restoration Branch
Notification of Public Comment Period Regarding the Independent Study Report for the Proposed Remedy at the Hay Road Sludge Drying (“Iron Rich”) Site
The Delaware Department of Natural Resources and Environmental Control (“DNREC” or the “State of Delaware”) is seeking written public comments regarding the Independent Study Report, prepared by Schnabel Engineering North, LLC (Schnabel), December 20, 2006. This report addresses an independent environmental evaluation of the proposed remedy at the Hay Road Sludge Drying (“Iron Rich”) Site (“Site”), pursuant to the 143rd General Assembly, House Concurrent Resolution No. 22 (HCR 22).
DNREC retained Schnabel to perform an objective and independent third-party evaluation of the proposed remedy for the Site following public solicitation for an independent contractor as stated in HCR 22. Pursuant to HRC 22, DNREC took responsibility for administering the contract, including developing the scope of work for the contractor solicitation. In addition, DNREC provided the draft scope of work to community representatives and interested members of the public who reviewed the scope of work to be addressed in the Independent Study Report prior to DNREC finalizing the contract with Schnabel.
The primary findings of the overall evaluation indicate concerns and/or deficiencies in the information and submittals relating to the (1) Dredged Material, (2) Groundwater; (3) Iron Rich Material (IRM), (4) Remedial Investigation/Risk Assessment (RI/RA), and (5) Focused Feasibility Study (FFS). The data deficiencies raise questions about the sufficiency of the technical support for the selected remedy. The study did not reach any conclusions about the adequacy of the remedy, however. For further detail, the Independent Study Report and related documents are available at DNREC’s Air and Waste Management Division’s web page under “DuPont Iron Rich Pile” at http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/
Hard copies of the report are available at the office of DNREC-SIRB, 391 Lukens Drive, New Castle, Delaware 19720 or in the Claymont and Wilmington Public libraries.
Pursuant to House Concurrent Resolution No. 22, “…the results shall become a part of the public record, open for public comment for 30 days, and shall become a part of the decision-making process of DNREC for the ultimate disposition of the material”. The comment period will close @ 4:30 p.m. on Friday, March 2, 2007. Interested parties may submit their comments in writing to Qazi Salahuddin, Ph.D., Program Manager, DNREC-SIRB, 391 Lukens Drive, New Castle, Delaware 19720 or via e-mail to email@example.com.
Division of Fish and Wildlife
NOTICE OF PUBLIC HEARING
The Department of Natural Resources and Environmental Control will hold a public hearing regarding a proposed amendment to Tidal Finfish Regulation 3580 concerning commercial fishing for spiny dogfish.
The proposed action is to re-open the commercial fishery in Delaware for the spiny dogfish (Squalus acanthias) in accordance with the latest revision of the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for Spiny Dogfish and in accordance with federal law, whichever is more restrictive. When federal seasons and catch limits are more restrictive than state limits or Atlantic States Marine Fisheries Commission limits, then federal limits shall apply under the proposed regulation. For federal purposes, the fishery for spiny dogfish is split into two quota periods; May 1 through October 31 and November 1 through April 30 with an annual coastal quota of 4 million pounds. The daily catch (possession limit) of spiny dogfish in federal waters is 600 lbs. per day for participants in the spiny dogfish fishery. Under this proposal, when the federal quota is reached for any quota period, the federal fishery closes. It is proposed that the State of Delaware fishery will automatically close as well when the federal quota is reached and the National Marine Fisheries Service declares the federal spiny dogfish fishery closed.
Individuals may address questions to the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901, or by phone to (302) 739-9914 or by e-mail to firstname.lastname@example.org. A public hearing on this regulation will be held in the Department of Natural Resources and Environmental Control Auditorium, at the same address, at 6:30 PM on February 21, 2007. Comments for the hearing record should be addressed to Lisa Vest, Hearing Officer, Office of the Secretary, Delaware Department of Natural Resources and Environmental Control, 89 Kings Highway, Dover, De 19901 or by e-mail to Lisa.Vest@state.de.us