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7 Delaware Code, Chapter 60, Environmental Control
Email address: Frank.gao@state.de.us
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.
2008 8Hr NAAs in DE (Large)
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
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.
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.
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.
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.
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).
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).
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).
This provision fully implements the required NOX controls over the targeted sources.
Status Report on NOX Controls for Gas Turbines, Cement Kilns, Industrial Boilers, Internal Combustion Engines, NESCAUM, December 2000.
Summary of State/Local NOX Regulations for Stationary Sources, USEPA, 2004.
This provision fully implements the required NOX controls over the targeted sources.
Stationary Source Committee Recommendation on NOX RACT for Industrial Boilers, Internal Combustion Engines and Combustion Turbines, NESCAUM, 9/18/1992.
Summary of NOX Control Technologies and their Availability and Extent of Application, USEPA, February 1992.
Summary of State/Local NOX Regulations for Stationary Sources, USEPA, 2004.
This provision fully implements the required NOX controls over the targeted sources.
Summary of NOX Control Technologies and their Availability and Extent of Application, USEPA, February 1992.
Memorandum, Nitrogen Oxides (NOX) Questions from Ohio EPA, Tom Helms, Chief Ozone/Carbon Monoxide Programs Branch, US EPA (no date, referring to 11/30/1993 questions).
Summary of State/Local NOX Regulations for Stationary Sources, USEPA, 2004.
Alternative Control Techniques Document: NOX Emissions from Industrial-Commercial/Institutional (ICI) Boilers, USEPA, March 1994.
This provision fully implements the required NOX controls over the targeted sources.
Alternative Control Techniques Document: NOX Emissions from Stationary Gas Turbines, USEPA, January 1993.
Stationary Source Committee Recommendation on NOX RACT for Industrial Boilers, Internal Combustion Engines and Combustion Turbines, NESCAUM, 9/18/1992.
Status Report on NOX Controls for Gas Turbines, Cement Kilns, Industrial Boilers, Internal Combustion Engines, NESCAUM, December 2000.
Summary of NOX Control Technologies and their Availability and Extent of Application, USEPA, February 1992.
Summary of State/Local NOX Regulations for Stationary Sources, USEPA, 2004.
The rule requires the covered gas turbines to meet 42ppm and 88 ppm NOX limits for gas and oil fired units, respectively
This provision fully implements the required NOX controls over the targeted sources.
Summary of NOX Control Technologies and their Availability and Extent of Application, USEPA, February 1992.
Stationary Source Committee Recommendation on NOX RACT for Industrial Boilers, Internal Combustion Engines and Combustion Turbines, NESCAUM, 9/18/1992.
Alternative Control Techniques Document: NOX Emissions from Stationary Reciprocating Internal Combustion Engines, USEPA, 1993.
NOX Emissions from Stationary Internal Combustion Engines, USEPA, October 2003
Stationary Reciprocating Internal Combustion Engines – Updated Information on NOX Emissions and Control Techniques – Revised Final Report, USEPA, 9/1/2000.
Sourcebook: NOX Control Technology Data, USEPA, July 1991.
Status Report on NOX Controls for Gas Turbines, Cement Kilns, Industrial Boilers, Internal Combustion Engines, NESCAUM, December 2000.
Summary of State/Local NOX Regulations for Stationary Sources, USEPA, 2004
This provision fully implements the required NOX controls over the targeted sources.
Summary of NOX Control Technologies and their Availability and Extent of Application, USEPA, February 1992.
Summary of NOX Control Technologies and their Availability and Extent of Application, USEPA, February 1992,
Memorandum: De Minimis Values for NOX RACT, from G.T. Helms, Ozone Policy and Strategies Group, USEAP, 1/1/1995.
Alternative Control Techniques Document: NOX Emissions from Industrial-Commercial/Institutional (ICI) Boilers, USEPA, March 1994
Memorandum: De Minimis Values for NOX RACT, from G.T. Helms, Ozone Policy and Strategies Group, USEPA, 1/1/1995.
NOX Emissions from Stationary Internal Combustion Engines, USEPA, October 2003.
Memorandum, Nitrogen Oxides (NOX) Questions from Ohio EPA, Tom Helms, Chief Ozone/Carbon Monoxide Programs Branch, US EPA (no date, referring to 11/30/1993 questions).
Regulation 1112 specifies no emissions limits or control requirements for the targeted source group, based on EPA’s Helms Memo.1
Memorandum Subject: De Minimis Values for NOX RACT, from G.T. Helms, Ozone Policy and Strategies Group, USEPA, 1/1/1995.
Alternative Control Techniques Document: NOX Emissions from Industrial-Commercial-Institutional (ICI) Boilers, USEPA, March 1994.
Alternative Control Techniques Document: NOX Emissions from Stationary Gas Turbines, USEPA, January 1993.
Alternative Control Techniques Document: NOX Emissions from Process Heaters (Revised), USEPA, September 1993.
13. Case-by-case RACT determination:2
Alternative Control Techniques Document: NOX Emissions from Iron and Steel Mills, USEPA, September 1994.
The DAQ made a determination in 2001, which was approved by EPA, that (1) typical fuel fired combustion equipment applied to NOX emitting sources were not technically feasible for an EAF, and (2) A well-designed exhaust system constituted RACT control level in compliance with Regulation 1112. Therefore, no additional requirements on the CitiSteel’s EAF operations were required under RACT requirements.

1
The DAQ believes that the exemptions for this source group based on the 1995 Helms Memo should not continue because short term emissions from the source group impact adversely the ozone air quality in summer time. Delaware has adopted RACT controls in Regulation 1144 and Regulation 1148 to address the short term NOx emissions. The DAQ suggests that EPA revoke the 1995 memo to avoid continuous exemption for the related sources.

2
Three other case-by-case NOx RACT determinations were made by Delaware: (1) a sulfuric acid (H2SO4) and inter-stage absorption system (ISA) process, (2) a metallic nitrite process, and (3) a Polyhydrate Alcohol Catalyst Regenerative (PACR) process. Processes (1) and (2) were both at the General Chemical Corporation facility, Claymont, New Castle, Delaware, and process (3) was at SPI Polyols, Incorporated, Atlas Point Site, New Castle, Delaware. The General Chemical facility at Claymont was permanently shutdown. The PACR process at SPI was permanently shutdown. Therefore, these three NOX RACT determinations are no longer required in Delaware’s ozone SIP.

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.
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
3.2.2 Regulation 1142 Section 2.0 “Control of NOX Emissions from Industrial Boilers and Heat Processors at Petroleum Refineries”
(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;
i. FCU: 152 ppmvd @ 0% O2 on a 24-hour average basis and 118 ppmvd (parts per million by volume dry) @ 0% O2 on a 365-day average basis;
ii. FCCU: 118 ppmvd @ 0% O2 on a 7-day average basis and 98 ppmvd @ 0% O2 on a 365-day average basis;
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.
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.
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
D. Delaware NOx RACT Regulation
Regulation 1112 Control of Nitrogen Oxides Emissions
E. Other Delaware Regulations Included in This RACT SIP Document
http://regulations.delaware.gov/AdminCode/title7/1000/1100/index.shtml#TopOfPage

1
Since CO’s role in forming ozone is relatively insignificant, the CAA does not specify requirements on CO emission reductions regarding attainment of ozone standard.

2
EPA’s current CTGs and ACTs are located at: http://www.epa.gov/air/ozonepollution/SIPToolkit/ctgs.html.

3

4
Regulation 24 and Regulation 12 are now coded as 7 DE Admin Code 1124 and 7 DE Admin Code 1112, respectively.

5
Implementation of the 2008 National Ambient Air Quality Standard for Ozone: State Implementation Plan Requirements; Proposed Rule, 78 FR 34178, June 6, 2013. Upon the submission date of this 2008 RACT SIP, the EPA has not finalized the rule.

6

7

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