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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2017

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7 DE Admin. Code 1142
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") pursuant to 7 Del.C. §§6006, 6010, the following findings of fact based on the record, reasons and conclusions are entered as an Order of the Secretary in the above-referenced regulatory proceeding.
While the three remaining regulations noted above (7 DE Admin. Code §1108, 1109, and 1114) are also part of the aforementioned SIP Call, the Department is not proposing revisions to the same at this time. 7 DE Admin. Code §§ 1109 and 1114 are at this present time being removed from the SIP. With regard to 7 DE Admin. Code §1108, the Department had already removed the offending SSM language when that regulation was last revised in 2013. As such, the Department is formally addressing all three of these remaining regulations, but not proposing any amendments to the same as part of this present action.
The Department has the statutory basis and legal authority to act with regard to the proposed regulatory Amendments and SIP revisions as referenced above, pursuant to 7 Del.C., Chapter 60. The aforementioned proposed Amendments and SIP revisions were initially published in the October 1, 2016 edition of the Delaware Register of Regulations, and were presented and thoroughly vetted by the Department at the public hearing held on October 25, 2016. Members of the public attended that hearing, however, no comment was received by the Department at that time. Consistent with 29 Del.C. §10118(a), the public hearing record remained open for public comment through November 9, 2016, however, none was received during the post-hearing phase of this promulgation. All proper notification and noticing requirements concerning the aforementioned regulatory Amendments and proposed SIP revisions were met by the Department in this matter.
Based on the record developed by the Department's experts and established by the Hearing Officer's Report, I find that the proposed Amendments to the following existing Delaware regulations: (1) 7 DE Admin. Code §1104, "Particulate Emissions from Fuel Burning Equipment"; (2) 7 DE Admin. Code §1105, "Particulate Emissions from Industrial Process Operations"; (3) 7 DE Admin. Code §1124, "Control of Volatile Organic Compound Emissions"; (4) 7 DE Admin. Code §1142, "Specific Emission Control Requirements", as well as the proposed revisions to the Delaware SIP, are well-supported. Therefore, the recommendations of the Hearing Officer are hereby adopted, and I direct that the same be promulgated as final.
1. The Department has the statutory basis and legal authority to act with regard to the proposed amendments to 7 DE Admin. Code §1104, "Particulate Emissions from Fuel Burning Equipment"; 7 DE Admin. Code §1105, "Particulate Emissions from Industrial Process Operations"; 7 DE Admin. Code §1124, "Control of Volatile Organic Compound Emissions"; and 7 DE Admin. Code §1142, "Specific Emission Control Requirements", as well as the proposed revisions to the Delaware SIP, pursuant to 7 Del.C., Ch. 60;
2. The Department has jurisdiction under its statutory authority, pursuant to 7 Del.C., Ch. 60, to issue an Order adopting these proposed regulatory amendments and SIP revisions as final;
6. The Department has reviewed these proposed regulatory amendments in the light of the Regulatory Flexibility Act, consistent with 29 Del.C. Ch. 104 (version applicable to all regulations initially published on or after January 1, 2016), and has selected Exemption "B5" regarding same, as the proposed regulation Amendments are required by federal law. Moreover, the Department believes these proposed regulatory Amendments to be lawful, feasible and desirable, and that the recommendations as proposed should be applicable to all Delaware citizens equally;
7. The Department's proposed SIP revision, as published in the October 1, 2016 Delaware Register of Regulations, and as set forth in Appendix "B" as noted above, is adequately supported, is not arbitrary or capricious, and is consistent with the applicable laws and regulations. Consequently, they are approved as final regulatory amendments, which shall go into effect ten days after its publication in the next available issue of the Delaware Register of Regulations; and
8. The Department shall submit this Order approving as final regulatory amendments to 7 DE Admin. Code §1104, "Particulate Emissions from Fuel Burning Equipment"; 7 DE Admin. Code §1105, "Particulate Emissions from Industrial Process Operations"; 7 DE Admin. Code §1124, "Control of Volatile Organic Compound Emissions"; and 7 DE Admin. Code §1142, "Specific Emission Control Requirements", as well as the proposed revisions to the Delaware SIP, 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.
12/12/2001 [xx/11/2016 01/11/2017]
1.0 Control of NOx Emissions from Industrial Boilers
In determining the applicability of Section 1.0 of this regulation, the Department attempted to minimize the impact on facilities that recently installed NOx controls under 7 DE Admin. Code 1112 (NOx RACT) and 7 DE Admin. Code 1137/1139 (NOx Budget Trading Program). The Department did this by regulating only large sources that, as of the effective date of Section 1.0 of this regulation, emitted NOX at a rate greater than the rate identified in Table 3-1 of 7 DE Admin. Code 1112, were not equipped with NOx emission control technology, and were not subject to the requirements of 7 DE Admin. Code 1139. In effect, Section 1.0 of this regulation regulates sources that remain high NOx emitters after the application of RACT and post RACT requirements, and that have not committed substantial capital funds to reduce NOx emissions.
1.2.1 The provisions of Section 1.0 of this regulation apply to any person that owns or operates any combustion unit with a maximum heat input capacity of equal to or greater than 100 million btu per hour, except that Section 1.0 of this regulation shall not apply to any unit that, as of the effective date of Section 1.0 of this regulation:
1.2.1.1 Emits NOx at a rate equal to or less than the rate identified in Table 3-1 of 7 DE Admin. Code 1112.
1.2.1.2 Is equipped with low NOx burner, flue gas recirculation, selective catalytic reduction, or selective non-catalytic reduction technology.
1.2.2 The requirements of Section 1.0 of this regulation are in addition to all other state and federal requirements.
1.2.3 Affected persons shall comply with the requirements of subsection 1.3 of this regulation as soon as practicable, but no later than May 1, 2004.
1.3.1 The NOx emission rate from any unit subject to Section 1.0 of this regulation shall be equal to or less than the following:
1.3.1.1 Between May 1st through September 30th of each year, inclusive: 0.10 lb/mmBTU, 24-hour calendar day average.
1.3.1.3 During all times not covered by subsection 1.3.1.1 and subsection 1.3.1.2 of this regulation: 0.25 lb/mmBTU, 24-hour calendar day average.
1.3.2 As an alternative to compliance with the requirements of subsection 1.3.1 of this regulation, compliance may be achieved through the procurement and retirement of NOx allowances authorized for use under 7 DE Admin. Code 1139, as follows:
1.3.2.1 The actual 24-hour calendar day average NOx emission rate in pounds per million btu shall be determined for each day of unit operation, using CEMs operated in accordance with subsection 1.4 of this regulation.
1.3.2.3 0.10 or 0.25, as applicable and consistent with subsection 1.3.1 of this regulation, shall be subtracted from the rate determined in subsection 1.3.2.1 of this regulation.
1.3.2.4 To obtain the number of pounds of NOx emitted for a particular day, the emission rate determined in subsection 1.3.2.3 of this regulation shall be multiplied by the heat input to the unit for that day determined in subsection 1.3.2.2 of this regulation. If the emission rate determined in subsection 1.3.2.3 of this regulation is equal to or less than zero, then the number of pounds of NOx emitted for that day shall be zero.
1.3.2.5 Not later than the 20th day of each month:
1.3.2.5.1 The number of pounds of NOx emissions calculated pursuant to subsection 1.3.2.4 of this regulation shall be summed for each calendar month, the result shall be divided by 2000, and shall be rounded to the nearest whole ton.
1.3.2.5.2 For each ton of NOx emissions calculated pursuant to subsection 1.3.2.5.1 of this regulation, records shall be maintained demonstrating that one NOx allowance owned by the person subject to Section 1.0 of this regulation is identified and available, by serial number, for retirement.
1.3.2.6 Not later than February 1 of each calendar year, the NOx allowances identified pursuant to subsection 1.3.2.5.2 of this regulation for the previous calendar year, shall be submitted to the Department for retirement. Such submission shall detail the calculations specified in subsection 1.3.2.1 through subsection 1.3.2.5 of this regulation, and shall indicate the serial number of each allowance to be retired.
1.4 Monitoring Requirements. Compliance with the NOx emission standards specified in Section 1.0 of this regulation shall be determined based on CEM data collected in accordance with the requirements of subsection 3.1.2 of 7 DE Admin. Code 1117 (Performance Specification 2), and in compliance with the requirements of 40 CFR, Part 60, Appendix F.
1.5.1 Not later than 180 days after the effective date of Section 1.0 of this regulation, any person subject to Section 1.0 of this regulation shall develop, and submit to the Department for approval, a schedule for bringing the affected emission unit or units into compliance with the requirements of Section 1.0 of this regulation. Such schedule shall include, at a minimum, all of the following:
1.5.2 Any person subject to Section 1.0 of this regulation shall submit to the Department an initial compliance certification not later than May 1, 2004. The initial compliance certification shall, at a minimum, include the following information:
1.5.2.7 All records necessary for determining compliance with the standards of Section 1.0 of this regulation shall be maintained at the facility for a period of five years.
1.5.3 Any person subject to Section 1.0 of this regulation shall, for each occurrence of excess emissions, within 30 calendar days of becoming aware of such occurrence, supply the Department with the following information:
1.5.4 Any person subject to Section 1.0 of this regulation shall maintain all information necessary to demonstrate compliance with the requirements of Section 1.0 of this regulation for a minimum period of five years. Such information shall be immediately made available to the Department upon verbal and written request.
04/11/2011 [xx/11/2016 01/11/2017]
2.0 Control of NOx Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries
2.1.3 Additionally, New Castle County of Delaware is a part of the Philadelphia-Wilmington-Camden, PA-DE-NJ NAA for the annual fine particulate matter (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.
The owner or operator of any industrial boiler or process heater identified in Ssubsection 2.2.1 of this regulation shall meet the applicable NOx emission limitation identified in the following sections:
2.3.1 Except as provided for in subsection 2.3.2 of this regulation, the owner or operator of any industrial boiler or process heater identified in Ssubsection 2.2.1 of this regulation shall not operate except in compliance with the applicable NOx emission limitation identified in the following sections:
2.3.2 As an alternative to complying with one or more of the unit specific emission limitations specified in subsection 2.3.1 of this regulation the owner or operator of any industrial boiler or process heater identified in Ssubsection 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 subsection 2.3.2.1 though through subsection 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.
2.3.3 Neither the provisions of Ssubsection 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.
2.4.1 Compliance with the NOx emission standards specified in subsection 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 subsection 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 subsection 2.4.2.1.1 through subsection 2.4.2.1.3 of this regulation, as approved by the Department.
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 subsection 2.4.2.1 and subsection 2.4.2.2 of this regulation shall be summed and aggregated with the calculation results for the preceding months as provided for in subsection 2.4.2.3.1 through subsection 2.4.2.3.4 below.
2.4.2.4 Compliance shall be determined by comparing the results of the calculations in subsection 2.4.2.3 of this regulation with the appropriate NOx emission cap specified in subsection 2.3.2 of this regulation. Following aggregation and summation of emission in accordance with subsection 2.4.2.3, fractions of tons shall be rounded up to the next higher number.
2.5.1.2 For persons subject to the requirements of subsection 2.3.1 of this regulation, the dates by which the affected person plans to complete the following major increments of progress, as applicable:
2.5.2 For persons subject to the requirements of subsection 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 subsection 2.5.2.1 and subsection 2.5.2.2 of this regulation.
2.5.2.1 The date that compliance with this regulation will begin pursuant to subsection 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.
2.5.3 Any person subject to the requirements of subsection 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 subsection 2.3.1: September 10, 2007 for units identified in Ssubsection 2.2.3 of this regulation and, for units identified in Ssubsection 2.2.4, by the compliance date specified in Ssubsection 2.2.4. The initial compliance certification shall include, at a minimum, all of the following information:
2.5.4 Any person subject to the requirements of subsection 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 subsection 2.5.4.1 through subsection 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 DE Admin. Code 1130, Title V Operating Permits Program.
2.5.4.2 A report of the monthly NOx emissions for each source, the basis for determination of the emissions pursuant to subsection 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 subsection 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 Ssubsection 2.3 of this regulation, including periods when monitoring data was not collected in accordance with procedures approved pursuant to subsection 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:
Last Updated: December 31 1969 19:00:00.
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