department of natural resources and environmental control

Division of Air and Waste Management

Statutory Authority: 7 Delaware Code, Chapter 60 (7 Del.C. Ch. 60)

GENERAL NOTICE

Delaware Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Under the 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)

1. Title of the Regulations:

Delaware Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Under the 8-Hour Ozone National Ambient Air Quality Standard (NAAQS).

2. Brief Synopsis of the Subject, Substance and Issues:

The Clean Air Act Amendments of 1990 (CAA) requires Delaware to submit to the U.S. Environmental Protection Agency (EPA) a State Implementation Plan (SIP) revision demonstrating that Delaware has implemented all necessary Reasonably Available Control Technology (RACT) controls on all major stationary sources of volatile organic compounds (VOC) and oxides of nitrogen (NOx). The SIP revision must be submitted to EPA by September 15, 2006.

DNREC has developed a draft RACT SIP revision that demonstrates (1) it has implemented required RACT controls on all relevant stationary sources of VOC and NOx emissions, with one potential exception, in Delaware, and (2) all those RACT controls have been approved by EPA under the 1-hour ozone NAAQS, and (3) all those RACT controls have been certified, based on EPA’s guidance and standards, to represent RACT control levels under the new 8-hour ozone NAAQS. The one exception is the VOC emissions from the crude oil lightering process being conducted in the Delaware Bay. Under the 1-hour ozone NAAQS no controls were established under RACT for this source because controls were determined to be not feasible at that time. DNREC is now working to complete a rule-making process which may determine that RACT level controls on VOC emissions from lightering process are now feasible, and if this is finalized DNREC will submit the rule to the EPA under a separate cover.

3. Possible Terms of the Agency Action:

None.

4. Statutory Basis or Legal Authority to Act:

7 Del.C. Chapter 60, Environmental Control

5. Other Regulations that may be Affected by the Proposal:

None

6. Notice of Public Comment:

A public hearing will be held on August 1, 2006, beginning at 6:00 pm, in AQM Conference Room, Priscilla Building, 156 South State Street, Dover, DE 19901.

7. Prepared by:

Frank F. Gao, Project Leader (302) 323-4542 June 10, 2006

Delaware Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Under the 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)

June 13, 2006 Proposal

1. Introduction

This document contains Delaware’s State Implementation Plan (SIP) revision for meeting the requirements of Reasonably Available Control Technology (RACT) set forth by the Clean Air Act (CAA) under the 8-hour ozone National Ambient Air Quality Standard (NAAQS). This document is hereafter referred to as “Delaware’s 8-hour ozone RACT SIP revision,” or simply as “the 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 June 2004, EPA designated 126 areas of the country as “non-attainment” under the 8-hour ozone NAAQS. Among those non-attainment areas is the Philadelphia-Wilmington-Atlantic City Moderate Non-Attainment Area (NAA) that includes three counties in Delaware, five counties in eastern Pennsylvania and eight counties in southern New Jersey, as shown in Figure 1. Since this moderate NAA is centered by Philadelphia, it is often referred to as “Philadelphia NAA.”

Ozone is generally not directly emitted to the atmosphere; rather it is formed in the atmosphere by photochemical reactions between 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 non-attainment areas to apply controls on VOC/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 US Environmental Protection Agency (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 53761 at 53762, September 17, 1979). 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 as well as to marginal and attainment areas in ozone transport regions (OTRs) established pursuant to section 184 of the CAA, and requires these non-attainment areas to implement RACT controls on all major VOC and NOX emission sources and on all sources and source categories covered by a Control Technique Guideline (CTG) issued by EPA.

Under section 183 of the CAA, EPA was required to issue by certain timeframes several guidance documents for RACT controls that would 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) Alternate Control Techniques (ACTs) for controls of VOC and NOX emissions from stationary sources.

The EPA issued three groups of CTG documents, establishing a “presumptive norm” for RACT 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 with 5 CTGs. Sources not covered by the issued CTGs are referred to as non-CTG sources. Section 182(b)(2) of the CAA requires states with ozone non-attainment areas classified as moderate or worse to develop 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. The EPA has also issued over a dozen ACTs for various categories of VOCs and NOX sources.

Figure 1. Philadelphia-Wilmington-Atlantic City PA-DE-MD-NJ Moderate Non-Attainment Area

All published CTG and ACT documents, along with other documentation, are listed in Section 5 of this document. In general, states meet the CAA’s RACT requirements by imposing controls that meet the control requirements established in final CTG documents and considering the information in ACT documents to relevant VOC and NOX sources in their moderate or worse non-attainment areas.

Under the 1-hour ozone NAAQS, Kent County and New Castle County Delaware were designated part of a severe ozone non-attainment area, and Sussex County was designated as a marginal ozone non-attainment area located in an OTR. Therefore, all three counties were subject to RACT requirements under the 1-hour ozone standard. Since the early 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 sources.

Under the 8-hour ozone NAAQS the entire state of Delaware is a part of the Philadelphia moderate NAA, and is therefore subject to the CAA’s RACT requirements. Delaware is required to submit to EPA a SIP revision which addresses how Delaware meets the RACT requirements under the 8-hour ozone standard, by September 15, 2006.

Under the 8-hour ozone NAAQS, EPA requires that states meet the CAA’s RACT requirements for their non-attainment areas through (1) certification that previously adopted RACT controls in their SIP revisions approved by EPA under the 1-hour ozone NAAQS represent adequate RACT control levels for 8-hour attainment purposes, or (2) adoption of new or more stringent regulations that represent RACT control levels. A 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 1-hour standard, such that State SIPs accurately reflect RACTs for the 8-hour ozone standard based on the current availability of technically and economically feasible controls. Adoption of new RACT regulation(s) 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.

It should be pointed out that under the 8-hour ozone NAAQS, the entire state of Delaware (i.e., all three counties) is designated as moderate non-attainment area, and is part of the ozone transport region (OTR) established under Section 184 of the CAA. Therefore, in this SIP document, the major source threshold is 50 tons per year (TPY) for non-CTG stationary VOC sources and 100 TPY for stationary 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.

In summary, Delaware is certifying through this SIP revision that, excerpt as provided for herein, its SIP meets the CAA’s RACT requirements for the 50 TPY non-CTG major VOC sources and for 100 TPY NOX sources, and that all CTG covered categories are addressed at the emission thresholds set in the CTG or in the “Blue Book” (see Reference 63 below) for those CTG categories for which the CTG set no emission threshold. This certification is based on a combination of (1) certification that previously adopted RACT controls in Delaware’s SIP that were approved by EPA under the 1-hour ozone NAAQS are based on the currently available technically and economically feasible controls, and that they represent RACT for 8-hour implementation purposes, and (2) the adoption of new or more stringent regulations that represent RACT control levels.

1.2 Responsibilities

The agency with direct responsibility for preparing and submitting this document is Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Air and Waste Management, Air Quality Management Section (AQM), under the Section Administrator, Ali Mirzakhalili. The working responsibility for Delaware’s air quality planning falls within AQM’s Planning Branch, under the Program Manager, Raymond H. Malenfant. The Air-Shed Evaluation and Planning (AEP) Program within the Planning Branch, with Ronald Amirikian as Planning Supervisor, is instrumental in completing this document. Frank F. Gao of AEP Program is the project leader and principal author of the document.

2. Certification of VOC and NOX RACT Requirements

2.1 Certification of VOC RACT Requirements

Delaware Air Pollution Control Regulation No. 24 contains Delaware’s VOC RACT controls that were implemented and approved into the Delaware SIP under the 1-hour ozone NAAQS. Identification and certification of these VOC RACT controls is provided in Table 1 below. Explanations for each column of Table 1 are as follows:

• Column 1: Identifies each section of Delaware Air Regulation No. 24, Control of Volatile Organic Compound Emissions, which contains Delaware’s VOC RACT provisions. Regulation 24 required, in general, major VOC emitting sources to comply with the relevant provisions by May 31, 1995. Under the 1-hour ozone standard, the VOC RACT regulation defines a major VOC emitting source as a stationary source that emits VOCs at a rate equal to or greater than 25 tons per year (TPY) in Kent and New Castle Counties, and 50 TPY in Sussex County. The date of promulgation of each section is also provided in this column. (Note: Column 1 starts from Section 10 of Regulation 24. Sections 1 through 9 of Regulation 24 are general implementing provisions necessary to implement RACT, not actual RACT controls.)

• Column 2: Identifies the underlying basis for the RACT determination.

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

• Column 4: Explains RACT control applicability and requirements.

• Column 5: Certifies whether or not the current rule represents RACT under the 8-hour ozone NAAQS. Where Delaware has certified that a current SIP approved regulation represents RACT under the 8-hour ozone standard, AQM affirms that it is not aware of any significant changes in control technology that affect the original RACT determination, unless otherwise explained in Column 5. Also, note that 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.

Delaware’s minor source permitting program under Regulation No. 2, permits, requires a detailed administrative and technical review of Delaware sources that emit air contaminants far below the “major” threshold” and CTG cutoffs (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 and CTG covered sources are controlled by RACT level or better controls.

Table 1. Delaware VOC RACT List and Certification under the 8-Hour Ozone NAAQS

Delaware Regulation No. 24 Section	RACT Documental Basis	SIP Revision Approved by EPA	RACT Rule Applicability and Requirements	Requirements at least as stringent as RACT for the 8-hour Ozone NAAQS?
Section 10 - Aerospace Coatings 08/11/2002	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	Final Federal Register Date: 03/24/2004 Federal Register Citation: 69 FR 13737	This section applies to any aerospace manufacturing and rework facility In brief, the rule establishes vapor pressure limits, VOC content limits, emission limits and/or work practice standards for: (a) hand-wipe, spray gun, or flush cleaning operations, (b) primer, topcoat, self-priming topcoat, and specialty coating operations, (c) chemical milling maskant application, (d) depainting of aerospace vehicles, and (e) handling and storing of VOC.	Yes. Section 10 was updated in 2002 to be consistent with the most recent CTG. It represents current RACT control level under the 8-hour ozone NAAQS.
Section 11 – Mobile Equipment Repair and Refinishing 11/11/2001	Alternative Control Techniques (ACT) document: Reduction of Volatile Organic Compound Emissions from Automobile Refinishing, EPA-450/3-88-009, October 1988. ACT Document: Automobile Refinishing, EPA-453/R-94-031, April 1994.	Final Federal Register Date: 01/22/2002 Federal Register Citation: 67 FR 70315	This section applies to any person who applies coatings to mobile equipment for beautification or protection in the State of Delaware. The rule establishes: (a) Requirements for using improved transfer efficiency coating and application equipment; (b) requirements for enclosed spray gun cleaning techniques; and (c) minimum training standards in the proper use of equipment and materials. The VOC limits for mobile equipment repair and refinishing coatings are in effect nationally under the Federal requirements at 40 CFR Part 59, subpart B, National VOC Emission Standards for Automobile Refinish Coatings, which was adopted by EPA in 1998.	Yes. This section was updated in 2001 based on an Ozone Transport Commission (OTC) model rule as part of Delaware’s mitigation of a 1-hour attainment shortfall. It is more stringent than the current CTG/ACT control level, and represents RACT control level under the 8-hour ozone NAAQS.
Section 12 – Control of VOC Emissions- Surface Coating of Plastic Parts 11/29/1994	ACT document: Surface Coating of Automotive/Transportation and Business Machine Plastic Parts, EPA-453/R-94-017, February 1994.	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section applies to any facility that coats plastic components for the following uses: (1) Automotive or other transportation equipment, and (2) Housing and exterior parts for business and commercial machines. The rule establishes coating VOC content limits of between 1.2 and 7.1 lb/gal, depending on the coating category.	Yes. This section is consistent with the most recent ACT specified requirement. It represents current RACT control level under the 8-hour ozone NAAQS.
Section 13 - Automobile and Light-Duty Truck Coating Operations Section 14 - Can Coating Section 15 - Coil Coating Section 16 - Paper Coating Section 17 - Fabric Coating Section 18 - Vinyl Coating 01/11/1993 for all above sections.	CTG document: 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)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	These sections apply to coating operations at automobile or light-duty truck assembly plants, and any can, coil, paper, fabric, or vinyl coating unit. They establish various coating VOC content limits, depending on the particular coating and the substrate being coated.	Yes. These sections fully implement the CTG specified controls in Delaware, and represent current RACT control levels over the covered sources under the 8-hour ozone NAAQS.
Section 19 - Coating of Metal Furniture 01/11/1993	CTG document: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume III: Surface Coating of Metal Furniture, EPA-450/2-77-032, December 1977.	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	The regulation applies to the coating of metal furniture and requires use of compliant coatings with a VOC content of less than 3.0 lb/gal.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 20 - Coating of Large Appliances 01/11/1993	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)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	The regulation applies to the coating of large appliances and requires use of compliant coatings with a VOC content of less than 2.8 lb/gal.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 21 - Coating of Magnet Wire 11/29/1994	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)	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	The regulation applies to the coating of magnetic wire and requires use of compliant coatings with a VOC content of less than 1.7 lb/gal.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 22 - Coating of Miscellaneous Metal Parts 01/11/1993	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)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	The rule applies to any miscellaneous metal parts coating line, and requires use of compliant coatings with a VOC content of between 3.0 and 4.3 lb/gal.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 23 - Coating of Flat Wood Paneling 01/11/1993	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)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	The rule applies to any miscellaneous metal parts coating line, and requires use of compliant coatings with a VOC content of between 6.0 and 12 lb/1000 sq. feet coated.	Yes. This section fully implements the CTG specified control in Delaware, and represents the current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 24 - Bulk Gasoline Plants 01/11/1993	CTG: Control of Volatile Organic Emissions from Bulk Gasoline Plants, EPA-450/2-77-035, December, 1977. (Group I)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	This section applies to all unloading, loading, and storage operations at bulk gasoline plants and to any gasoline tank truck delivering or receiving gasoline at a bulk gasoline plant. Requirements include the use of vapor balance, and various equipment and work practice standards.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 25 - Bulk Gasoline Terminals 11/29/1994	CTG: Control of Volatile Organic Emissions from Bulk Gasoline Plants, EPA-450/2-77-035, December, 1977. (Group I)	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section applies to the total of all the loading racks at any bulk gasoline terminal that deliver liquid product into gasoline tank trucks. Requirements include control using a vapor collection and control system designed to collect and destroy the organic compound liquids or vapors displaced from gasoline tank trucks during product loading; and various other equipment and operational requirements.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 26 - Gasoline Dispensing Facility Stage I Vapor Recovery 01/11/2002	CTG: Design Criteria for Stage I Vapor Control Systems - Gasoline Service Stations, November 1975. (Group I)	Final Federal Register Date: 11/14/2003 Federal Register Citation: 68 FR 64540	This section was updated in 2002. It applies to stationary gasoline storage tanks at gasoline dispensing facilities. The updated requirements include (1) loading with submerged fill method, and (2) installing vapor recovery system that returns the displaced vapors to the delivery vessels and then to the bulk plant or terminal.	Yes. This updated rule provides for more control of emissions in DE than the CTG, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 27 - Gasoline Tank Trucks 01/11/1993	CTG: Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals, EPA-450/2-77-026, December 1977. (Group I) CTG: Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems, EPA-450/2-78-051, December 1978. (Group II)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	This section applies to gasoline tank trucks equipped for gasoline vapor collection. The rule requires that the covered gasoline tank trucks must be vapor-tight.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 28 - Petroleum Refinery Sources 01/11/1993	CTG: Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds, EPA-450/2-77-025, October 1977. (Group I)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	This section applies to vacuum-producing systems, wastewater separators and process unit turnaround at petroleum refineries. Requirements include (1) no uncompressed VOC emission from vacuum-producing systems, (2) covers, lids or seals for wastewater separators, and (3) depressurization of process unit or vessel to reduce its internal pressure to 136 kPa or less and then venting to vapor recovery system, flare or firebox.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 29 - Leaks from Petroleum Refinery Equipment 11/29/1994	CTG: Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment, EPA-450/2-78-036, June 1978. (Group II)	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section applies to equipment in VOC service in any process unit at petroleum refineries. The rule establishes standards for proper valve operations under various scenarios to prevent VOC leak emissions.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 30 - Petroleum Liquid Storage in External Floating Roof Tanks 11/29/1994	CTG: Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks, EPA-450-2/78-047, December 1978. (Group II).	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section applies to petroleum liquid storage tanks with external floating roofs and with capacity of 150,000 L or greater. The rule establishes sealing standards for a covered storage tank, including its openings, its connection structure between roof and tank wall, all seal closure devices, bleeder vents, rim vents, and emergency roof drains.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 31 - Petroleum Liquid Storage in Fixed Roof Tanks 11/29/1994	CTG: Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed Roof Tanks, EPA-450/2-77-036, December 1977. (Group I)	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section applies to petroleum liquid storage tanks with fixed roofs and with capacity of 150,000 L or greater. The rule establishes sealing standards for a covered storage tank, including its openings, its connection structure between roof edge and tank wall, bleeder vents, and rim vents.	Yes. This section fully implements the CTG control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 32 - Leaks from Natural Gas/Gasoline Processing Equipment 11/29/1994	CTG: Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants, EPA-450/2-83-007, December 1983. (Group III)	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section applies to equipment in VOC service in any process unit at onshore natural gas/gasoline processing facilities. The rule establishes standards for proper valve operations under various scenarios to prevent VOC leak emissions from the covered equipments.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 33 - Solvent Cleaning and Drying 11/11/2001	CTG: Control of Volatile Organic Emissions from Solvent Metal Cleaning, EPA-450/2-77-022 November 1977. (Group I) ACT Document - Halogenated Solvent Cleaners, EPA-450/3-89-030, August 1989.	Final Federal Register Date: 11/22/2002 Federal Register Citation: 67 FR 70315	This section applies to any solvent cleaning machine that contains more than 1 liter of solvent in which VOC is more than 5% by weight. This rule, updated in 2001 based on an OTC Model Rule, establishes standards for (1) batch cold cleaning machines, (2) batch vapor cleaning machines, (3) in-line cleaning machines, (4) and cleaning machines without a solvent-air interface. It also specifies an alternative standard for (2) and (3) above.	Yes. This section was updated in 2001 based on an OTC model rule as part of Delaware’s mitigation of a 1-hour attainment shortfall. It is more stringent than the current CTG/ACT control level, and represents RACT control level under the 8-hour ozone NAAQS.
Section 34 - Cutback and Emulsified Asphalt 01/11/1993	CTG: Control of Volatile Organic Compounds from Use of Cutback Asphalt, EPA-450/2-77-037, December 1977. (Group I)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	This section applies to manufacture, mixing, storage, use, and application of cutback and emulsified asphalts in Delaware. The rule prohibits all above activities for cutback asphalt during the ozone season without approval. It also prohibits all above activities during the ozone season for emulsified asphalt that contain any VOC.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered source under the 8-hour ozone NAAQS.
Section 35 - Manufacture of Synthesized Pharmaceutical Products 11/29/1994	CTG: Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products, EPA-450/2-78-029, December 1978. (Group II)	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section applies to 10 VOC sources at synthesized pharmaceutical manufacturing facilities, including reactors, distillation operations, crystallizers, centrifuges, vacuum dryers, air dryers, production equipment exhaust systems, rotary vacuum filters and other filters, in-process tanks, and leaks. The rule establishes standards for controlling and reducing VOC emissions from all covered sources.	Yes. This section fully implements the CTG control in Delaware, and represents current RACT control level over the covered source under the 8-hour ozone NAAQS.
Section 36 - Control of VOC Emissions- Stage II Vapor Recovery 01/11/2002	Non-CTG RACT, CAA Section 182(b)(3).	Final Federal Register Date: 11/14/2003 Federal Register Citation: 68 FR 64540	This section applies to any gasoline dispensing facility with a monthly throughput greater than 10,000 gallons. The rule requires that all covered facilities install approved Stage II vapor recovery system. The rule was updated in 2002 to (1) increase inspection frequency, and (2) provide for compliance tester certification.	Yes. This updated rule fully implements the CAA required VOC emission control over the gasoline dispensing sources in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 37 - Graphic Arts Systems 11/29/1994	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)	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section allies to any packaging rotogravure, publication rotogravure, or flexographic printing process at a facility with potential uncontrolled VOC emission greater than 7.7 tons per year. The rule establishes the limits of VOC contents in coatings and inks used in the covered facilities, and specifies standards for control devices for various printing processes.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 38 - Petroleum Solvent Dry Cleaners 01/11/1993	CTG: Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners, EPA-450/3-82-009, September 1982. (Group III)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	This section applies to petroleum dry cleaning facilities that consume 123,000 L or more petroleum solvent per year. The rule establishes emission limits or reduction requirements for fugitive emissions, leak repairs, dryers, and filtration systems at covered facilities.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 39 – Reserved
Section 40 - Leaks from Synthetic Organic Chemical, Polymer, and Resin Manufacturing Equipment 01/11/1993	CTG: Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in SOCMI, November 15, 1993, EPA-450/4-91-031. 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)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	This section applies to all equipment in VOC service in any process unit at a synthetic organic chemical, polymer, and resin production facility with an annual design production capacity equal to or greater than 1,000 mega grams of product. The rule establishes standards for proper valve operation, leak detection, repair, and reporting for synthetic organic chemical, polymer, and resin manufacturing equipment.	Yes. This rule fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 41 - Manufacture of High-Density Polyethylene, Polypropylene and Polystyrene Resins 01/11/1993	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)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	This rule applies to specific process sections (material recovery section, and production finishing section) at facilities engaged in manufacturing high-density polyethylene, polypropylene, and polystyrene. The rule establishes requirements for VOC emission limits, reductions and combustions for the covered process sections.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 42 - Air Oxidation Processes in the Synthetic Organic Chemical Manufacturing Industry 01/11/1993	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)	Final Federal Register Date: 05/03/1995 Federal Register Citation: 60 FR 21707	This section applies to 3 special air oxidation processes in synthetic organic chemical manufacturing industry. The rule establishes requirements for VOC emission reduction and emission combustion for the covered processes.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 43 - Bulk Gasoline Marine Tank Vessel Loading Facilities 08/08/1994	Non-CTG RACT, CAA Section 183(f).	Final Federal Register Date: 07/28/1995 Federal Register Citation: 60 FR 38710	This section applies to all loading berths at a bulk marine tank loading facility that (1) delivers gasoline into marine tank vessels, and (2) has an annual throughput equal to or greater than 15,000 gallons. The rule requires installation of a vapor collection system that is designed to collect all VOC vapors displaced from marine tank vessels during loading, ballasting, or housekeeping.	Yes. This section fully implements the CAA required non-CTG control on the covered sources in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS..
Section 44 - Control of VOC Emissions- Batch Processing Operations 11/29/1994	ACT Document: Control of Volatile Organic Compound Emissions from Batch Processes, EPA-453/R-93-017, February 1994.	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section applies to process vents associated with batch processing operations in manufacturing facilities with Standard Industrial Classification (SIC) Codes of 2821, 2833, 2861, 2869, 2869, and 2879. The rule requires the affected sources to reduce VOC emissions by 90 percent by weight.	Yes. This section fully implements the ACT specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 45 - Control of VOC Emissions- Industrial Cleaning Solvents 11/29/1994	ACT Document: Industrial Cleaning Solvents, EPA-453/R-94-015, February 1994.	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section applies to all sources that use organic solvents for the purpose of cleaning. The rule requires the affected facilities to evaluate alternative cleaning solutions for the purpose of reducing VOC emissions	Yes. This section fully implements the ACT specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 47 - Control of VOC Emissions- Offset Lithographic Printing 11/29/1994	CTG: Control of Volatile Organic Compound Emissions from Offset Lithographic Printing (CTG Draft), EPA-453/D-95-001, September 1993. ACT Document: Offset Lithographic Printing, EPA-453/R-94-054, June 1994.	Final Federal Register Date: 05/14/1997 Federal Register Citation: 62 FR 26399	This section applies to any offset lithographic printing facility, including heatset and non-heatset web, non-heatset sheet-fed, and newspaper facilities. In brief, the rule requires a 90 percent reduction of VOC emissions (by weight) from the press dryer exhaust vent of heatset printing operations, regulates the alcohol content in fountain solutions, and requires the VOC content of cleaning solutions to be 30% or less.	Yes. This section fully implements the CTG/ACT specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 48 - Reactor Processes and Distillation Operations in the Synthetic Organic Chemical Manufacturing Industry 11/29/1994	CTG: Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in SOCMI, November 15, 1993, EPA-450/4-91-031.	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section applies to any vent stream that originates from a process unit in which a reactor or distillation operation is located at a facility within the synthetic organic chemical manufacturing industry (SOCMI). The rule requires the affected sources to reduce VOC emissions by 98 weight-present or to 20 ppmv on a dry basis corrected to 3% oxygen, via combustion device, flare, or process modification.	Yes. This section fully implements the CTG specified control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 49 - Control of VOC Emissions- Control of Volatile Organic Compound Emissions from Volatile Organic Liquid Storage Vessels 11/29/1994	ACT Document: Volatile Organic Liquids Storage in Floating and Fixed Roof Tanks, EPA-453/R-94-001, February 1994.	Final Federal Register Date: 01/26/1996 Federal Register Citation: 61 FR 2419	This section applies to each storage vessel with a capacity equal to or greater than 40,000 gallons that is used to store volatile organic liquids (VOLs). The rule establishes the venting and sealing standards for internal and external floating roofs, and specifies alternatives to installing internal or external floating roofs.	Yes. This section fully implements the ACT control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.
Section 50 - Control of VOC Emissions- Other Facilities that Emit Volatile Organic Compounds (VOCs) 11/29/1994	Non-CTG RACT, CAA Section 182(b)(2)(C).	Final Federal Register Date: 03/12/1997 Federal Register Citation: 62 FR 11329	This section applies to any facility that is not covered by Section 10 through Section 49 of Regulation 24. In brief, the rule requires an affected source to achieve an overall VOC emission reduction of at least 81 percent by weight. Facilities may also comply with Section 50 by submitting an alternative control plan.	Yes. This section requires non-CTG major sources to implement RACT. It fully implements the CAA required non-CTG control in Delaware, and represents current RACT control level over the covered sources under the 8-hour ozone NAAQS.

2.2. Certification of NOX RACT

Delaware Air Pollution Control Regulation No. 12 contains Delaware’s NOX RACT controls that were implemented and approved into the Delaware SIP under the 1-hour ozone NAAQS. Certification of those RACT rules is conducted in Table 2. Explanations for each column of Table 2 are as follows.

• Column 1: Identifies NOX source groups covered by Delaware Air Regulation No. 12, Control of Nitrogen Oxides Emissions, which contains NOX RACT provisions. Regulation No. 12 requires major NOX emitting sources to comply with the relevant provisions by May 31, 1995. The NOX RACT regulation defines a major NOX emitting source as a stationary source that emits NOX at a rate that is equal to or greater than 25 tons per year in Kent and New Castle Counties, and 100 TPY in Sussex County.

• Column 2: Identifies the underlying basis for the RACT determination. (Note: the fundamental basis of implementing NOX RACT controls is CAA Section 182(b)(2) and Section 182(f). Citation of these sections is not repeated in Column 2 of Table 2.)

• Column 3: Identifies the date the rule was approved into the Delaware SIP, along with the Federal Register citation. (Note: Regulation No. 12 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 No. 12 on June 14, 2001.)

• Column 4: Explains RACT control requirements.

• Column 5: Certifies whether or not the rule represents RACT under the 8-hour ozone NAAQS. Where Delaware has certified that a current SIP approved regulation represents RACT under the 8-hour ozone standard, AQM affirms that it is not aware of any significant changes in control technology that affect the original RACT determination, unless otherwise explained in Column 5. Also, note that 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.

Delaware’s minor source permitting program under Regulation No. 2, permits, requires a detailed administrative and technical review of Delaware 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 sources are controlled by RACT level or better controls.

Table 2. Delaware NOx RACT List and Certification under the 8-Hour Ozone NAAQS

Delaware Regulation No. 12 Source Group	RACT Documental Basis	SIP Revision Approved by EPA	RACT Rule Requirements	Requirements at least as stringent as RACT for the 8-hour Ozone NAAQS?
Fuel burning equipment with an input capacity of 100 mmBTU/hr or greater	NESCAUM Stationary Source Committee Recommendation on NOx RACT for Utility Boilers 8/12/1992 NESCAUM Stationary Source Committee Recommendation on NOx RACT for Industrial Boilers, Internal Combustion Engines and Combustion Turbines 9/18/1992 Controlling Emissions of Nitrogen Oxides from Existing Utility Boilers Under Title I of the Clean Air Act: Options and Recommendations, STAPPA/ALAPCO 4/27/1992 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 Summary of NOx Control Technologies and their Availability and Extent of Application, USEPA February 1992 Alternative Control Techniques Document: NOx Emissions from Process Heaters (Revised), USEPA, September 1993 Alternative Control Techniques Document: NOx Emissions from Industrial/Commercial/Institutional (ICI) Boilers, USEPA, March 1994 Alternative Control Techniques Document: NOx Emissions from Utility Boilers, USEPA, March 1994 State’s Report on Electric Utility Nitrogen Oxides Reduction Technology Options for Application by the Ozone Transport Assessment Group, prepared for the OTAG Control Technology & Options Workgroup by Ken Colburn, 4/11/1996 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	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	Emissions subject to 0.2., 0.25, or 0.38 lb/mmBTU limits for gas, oil and coal fired units, respectively; or emissions must be controlled by low NOx burner technology or flue gas circulation with excess air. Generally, equipment larger than 100 mmBTU is required to install NOX continuous emission monitoring system (CEMS).	Yes. This provision fully implements the required NOX controls over the targeted sources, and represents the current RACT control level under the 8-hour ozone NAAQS.
Fuel burning equipment with an input capacity of 50 mmBTU/hr or greater and less than 100 mmBTU/hr	NESCAUM Stationary Source Committee Recommendation on NOx RACT for Industrial Boilers, Internal Combustion Engines and Combustion Turbines 9/18/1992 Summary of NOx Control Technologies and their Availability and Extent of Application, USEPA February 1992 Alternative Control Techniques Document: NOx Emissions from Process Heaters (Revised), USEPA, September 1993 Alternative Control Techniques Document: NOx Emissions from Industrial/Commercial/Institutional (ICI) Boilers, USEPA, March 1994 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	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	Emission rates of the targeted sources are limited to those to be achieved by low excess air and low NOX burners, or flue gas recirculation.	Yes. This provision fully implements the required NOX controls over the targeted sources, and represents the current RACT control level under the 8-hour ozone NAAQS.
Fuel burning equipment with an input capacity of less than 50 mmBTU/hr	NESCAUM Stationary Source Committee Recommendation on NOX RACT for Industrial Boilers, Internal Combustion Engines and Combustion Turbines 9/18/1992 Summary of NOX Control Technologies and their Availability and Extent of Application, USEPA February 1992 Alternative Control Techniques Document: NOx Emissions from Process Heaters (Revised), USEPA, September 1993 Alternative Control Techniques Document: NOx Emissions from Industrial/Commercial/Institutional (ICI) Boilers, USEPA, March 1994 Summary of State/Local NOX Regulations for Stationary Sources, USEPA, 2004	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	The rule requires the targeted sources to conduct annual tune-ups.	Yes. This provision fully implements the required NOX controls over the targeted sources, and represents the current RACT control level under the 8-hour ozone NAAQS.
Alternative requirement for fuel burning equipment - Seasonal fuel switching (April 1 through October 31) to a low NOX emitting fuel.	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 Summary of NOX Control Technologies and their Availability and Extent of Application, USEPA February 1992 Memorandum subject, Nitrogen Oxides (NOX) Questions from Ohio EPA, Tom Helms, Chief Ozone/Carbon Monoxide Programs Branch, (no date, references 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 State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, USEPA	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32234	Fuel switching is limited to the use of natural gas, liquid petroleum gas (LPG) or distillate oil. A 90% availability of the new fuel is required.	Yes. This provision fully implements the required NOX controls over the targeted sources, and represents the current RACT control level under the 8-hour ozone NAAQS.
Gas turbines	Alternative Control Techniques Document: NOX Emissions from Stationary Gas Turbines, USEPA, January 1993 NESCAUM Stationary Source Committee Recommendation on NOX RACT for Industrial Boilers, Internal Combustion Engines and Combustion Turbines 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	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	The rule subjects gas turbines to 42 and 88 ppm NOX limits for gas and oil fired units, respectively	Yes. This provision fully implements the required NOX controls over the targeted sources, and represents the current RACT control level under the 8-hour ozone NAAQS.
Stationary internal combustion engines	Summary of NOX Control Technologies and their Availability and Extent of Application, USEPA February 1992 NESCAUM Stationary Source Committee Recommendation on NOX RACT for Industrial Boilers, Internal Combustion Engines and Combustion Turbines 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	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	The rule establishes emission limits for the targeted engines to those achieved using pre-ignition chamber combustion or clean burn technology for gas fired units and those achieved using lean burn technology for diesel fired units.	Yes. This provision fully implements the required NOX controls over the targeted sources, and represents the current RACT control level under the 8-hour ozone NAAQS.
Fuel burning equipment used exclusively for providing residential comfort heating and hot water	Summary of NOX Control Technologies and their Availability and Extent of Application, USEPA February 1992 State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, USEPA	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	RACT rule specifies no emissions limits or control requirements.	Yes. For the 1-hour NAAQS, DNREC had determined that no cost effective controls exist for the specified sources and is not aware of any significant changes in technology that affect the original RACT determination. This provision represents current NOX RACT control requirement under the 8-hour ozone NAAQS.
Incinerator or thermal/catalytic oxidizer constructed before November 15, 1992, and used primarily for the control of air pollution.	Summary of NOX Control Technologies and their Availability and Extent of Application, USEPA February 1992	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	RACT rule specifies no emissions limits or control requirements.	Yes. For the 1-hour NAAQS, DNREC had determined that no cost effective controls exist for the specified sources and is not aware of any significant changes in technology that affect the original RACT determination. This provision represents current NOX RACT control requirement under the 8-hour ozone NAAQS. .
Fuel burning equipment with a rated heat input capacity of less than 15 MMBTU/hour.	Memorandum Subject: De Minimis Values for NOX RACT, from G.T. Helms, Ozone Policy and Strategies Group, dated 1/1/1995 Alternative Control Techniques Document: NOX Emissions from Industrial/Commercial/Institutional (ICI) Boilers, USEPA, March 1994	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	RACT rule specifies no emissions limits or control requirements.	Yes. For the 1-hour NAAQS, DNREC had determined that no cost effective controls exist for the specified sources and is not aware of any significant changes in technology that affect the original RACT determination. This provision represents current NOX RACT control requirement under the 8-hour ozone NAAQS.
Stationary internal combustion engine with a rated capacity of less than 450 hp of output power.	Memorandum Subject: De Minimis Values for NOX RACT, from G.T. Helms, Ozone Policy and Strategies Group, dated 1/1/1995 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 Alternative Control Techniques Document: NOx Emissions from Stationary Reciprocating Internal Combustion Engines, USEPA 1993	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	RACT rule specifies no emissions limits or control requirements.	Yes. For the 1-hour NAAQS, DNREC had determined that no cost effective controls exist for the specified sources and is not aware of any significant changes in technology that affect the original RACT determination. This provision represents current NOX RACT control requirement under the 8-hour ozone NAAQS. (note that DE has adopted beyond RACT requirements for this source category under Reg. 1142).
Any source operating during the month of November to the end of March and operating with a capacity factor of 5% or less from April 1 to October 31.	Memorandum subject, Nitrogen Oxides (NOx) Questions from Ohio EPA, Tom Helms, Chief Ozone/Carbon Monoxide Programs Branch (no date cited). Memorandum Subject: De Minimis Values for NOx RACT, from G.T. Helms, Ozone Policy and Strategies Group, 1/1/1995	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	RACT rule specifies no emissions limits or control requirements.	Yes. Under the 1-hour ozone NAAQS, DNREC determined that no cost effective controls exist for the specified sources. DE is not aware of any significant changes in technology that affect the original RACT determination. This provision represents current NOX RACT control requirement under the 8-hour ozone NAAQS. (note that separate from RACT DE is in the process of developing beyond RACT regulations for this source category to address high peak ozone day operations)
Any fuel burning equipment, gas turbine, or internal combustion engine with an annual capacity factor of less than 5 percent.	Memorandum Subject: De Minimis Values for NOX RACT, from G.T. Helms, Ozone Policy and Strategies Group, dated 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 Reciprocating Internal Combustion Engines, USEPA 1993 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	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	RACT rule specifies no emissions limits or control requirements.	Yes. This provision represents current NOX RACT control requirement under the 8-hour ozone NAAQS. (note that separate from RACT DE is in the process of developing beyond RACT regulations for this source category to address high peak ozone day operations).
Case-by-case RACT determination*: CitiSteel USA, Incorporated, Claymont, Delaware: Electric Arc Furnace (EAF) rated at 150 tons per charge.	Alternative Control Techniques Document: NOX Emissions from Iron and Steel Mills, USEPA, September 1994	Final Federal Register Date: 06/14/2001 Federal Register Citation: 66 FR 32231	Typical fuel fired combustion equipment applied to NOX emitting sources are not technically feasible for an EAF. Therefore, DNREC certifies that its 2001 determination remains valid and that no additional requirements on the Citisteel’s EAF operations are required under RACT. A well-designed exhaust system constitutes RACT in compliance with Regulation No. 12 of the Delaware Regulations Governing the Control of Air Pollution.	Yes. This provision fully implements the required NOX controls over the targeted source, and represents the current RACT control level under the 8-hour ozone NAAQS.

* Three other case-by-case NOX RACT determinations were made by Delaware: (1) a sulfuric acid (H2SO4) and interstage 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.

3. Adoption of Revised and New RACT Requirements

3.1. Adoption of Revised and/or New VOC RACT Requirements

As indicated in Table 1 above, many Delaware’s RACT controls (i.e., sections in Regulation No. 24, Control of Volatile Organic Compound Emissions) were promulgated in 1990s to meet relevant requirements specified in the CAA and EPA’s guidance documents. Since that time many sections of Regulation No. 24 have been revised to reflect updated RACT level control technology. All major sources in Delaware, and all CTG covered sources with applicability cut-off levels consistent with the “blue book” (see reference 63 below) are covered by RACT controls, as certified in Table 1, under the 8-hour ozone NAAQS, except for possibly the lightering operations in Sussex County.

Delaware is now in a rule-making process of evaluating and adopting relevant RACT control over petroleum lightering operations. The following is a summary of the process.

Lightering Operations:

• Lightering is the transfer of cargo from one marine vessel (typically, large ocean-going tankers) to another marine vessel to reduce the draft and to permit transit through more shallow waters. Ocean-going crude oil tankers generally enter the Delaware Bay drawing up to 55 feet of draft. Crude oil is pumped from these marine vessels to smaller tankers and barges until the draft of the ocean-going vessel is less than 35 feet. At this draft, vessels can safely transit to the refineries along Delaware River. During transfer of crude oil, VOCs and other hazardous air pollutants are emitted.

• Under the 1-hour ozone NAAQS, lightering operations in Delaware Bay remained uncontrolled, as RACT-level controls were determined to be not feasible for lightering process at that time. In 2001, DNREC began to reevaluate this determination, and started a rule making under the attainment and maintenance of the 1-hour ozone NAAQS to control air emissions from lightering operations in Delaware Bay.

• Between March and June 2001, five regulatory workgroup meetings were held with a diverse representation of industry, environmental, health care and state interests. The draft regulation emerging from these workgroup meetings was presented in 3 public workshops conducted in June 2001. Following the public workshops, the General Assembly passed Senate Joint Resolution (SJR-6) that established a “blue ribbon panel” and charged them, amongst other minor tasks, to study and make “recommendations concerning the potential impact of the safe operations” during lightering as a result of this regulation. The report was supposed to be issued by March 15, 2002.

• The public hearing on this regulation was conducted, as previously scheduled, on August 30, 2001. However, the hearing record was left open pending the receipt of the SJR-6 panel’s recommendations and report. The March 15, 2002 report deadline passed without the panel convening. A second, identical resolution (SJR-1) was passed in January 2003 and the March 15, 2004 deadline passed without any report.

• In the spring of 2003, DNREC Secretary John H. Hughes held a series of meetings with interested stakeholders to get the process back on track. This effort resulted in the modification of a lightering vessel and the completion of three vapor balancing trials. The first trial took place in March 2004. Since that time, six other vapor balancing trials have been conducted. While the success of the vapor balancing trials has varied, Martians (the major lightering operator in Delaware Bay) demonstrated that vapor balancing in lightering process can reduce the VOC emissions, and, most importantly, can be operated safely. DNREC believes that the major barrier in promulgating the lightering emission control regulation has been overcome. That is, the vapor balancing trials demonstrated the safe transfer of crude oil during controlled lightering operations.

• Based on the successful demonstration of the vapor balancing trials, DNREC has recalled and expanded the regulatory workgroup. The Department is currently in process of developing Section 46 of Regulation No. 24: Lightering Operations. Upon completion of the rulemaking process, DNREC will submit Section 46 to EPA as a SIP revision under a separate cover.

3.2. Revised and/or New NOx RACT Requirements

As indicated in Table 2 above, Delaware certifies that Regulation No. 12 appropriately implements NOX RACT controls in Delaware under the 8-hour ozone standard. In addition, Delaware is currently developing beyond-RACT provisions to aid in attainment and maintenance of the 8-hour NAAQS. While not the subject of this RACT submittal, these beyond-RACT controls include:

• Regulation 1142, Section 1 – Control of NOX Emissions from Industrial Boilers. This regulation imposes beyond RACT controls on certain boilers with heat input greater than 100 mmBTU/hr. (Regulation 1142 is previously numbered as Regulation 42. The new number is used to follow the new Delaware state document numbering system established by the Delaware Register of Regulations).

• EGU Multi-Pollutant Regulation. This regulation is under development, and is anticipated to impose beyond RACT NOX controls on large coal and residual oil fired EGUs.

• Large Refinery Boiler Regulation. This regulation is underdevelopment, and is anticipated to impose beyond RACT NOX controls on large boilers and heat exchangers at petroleum refineries.

• Large Non-Refinery Boiler Regulation. This regulation is underdevelopment, and is anticipated to impose beyond RACT NOX controls on large boilers and heat exchangers not located at petroleum refineries.

• Regulation No. 1144 - Stationary Generators. This regulation was completed in 2005, and imposes beyond RACT NOX controls on stationary generators used at times other than times of emergency.

• Peaking Turbine Regulation. This regulation is underdevelopment, and is anticipated to impose beyond RACT NOX controls on peaking units, in order to address the high peak ozone day emissions from these units.

• Diesel Retrofits. This rule is under consideration and is anticipated to provide further NOX reductions for the attainment of the 8-hour ozone standard.

4. Control Techniques Guideline (CTG) Requirements Not Adopted in Delaware

The following CTG VOC controls have not been adopted in Delaware because there are no emission sources with those CTG controls.

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

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

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

In addition, EPA identified, in the November 29, 2005 preamble (70 FR 71612 at 71652), that cement kilns and stationary internal combustion engines are two categories for which additional NOX control information was available since the 1-hour RACT determinations were made. However, Delaware does not have these two NOX emission sources within its boundary.

Furthermore, after the 1-hour VOC and NOX RACT rules were implemented, Delaware does not have any new major VOC and NOX sources that fall outside the scope of the implemented RACT rules (i.e., Regulation 24 and Regulation 12).

5. Documentation

A. U.S. EPA’s Control Techniques Guidelines (CTG) documents, Alternative Control Techniques (ACT) documents, and Additional Reference Documents, cited in this SIP.

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. NESCAUM Stationary Source Committee Recommendation on NOx RACT for Utility Boilers, 8/12/1992.

41. NESCAUM Stationary Source Committee Recommendation on NOx RACT for Industrial Boilers, Internal Combustion Engines and Combustion Turbines, 9/18/1992.

42. Controlling Emissions of Nitrogen Oxides from Existing Utility Boilers Under Title I of the Clean Air Act: Options and Recommendations, 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, 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,” dated May 25, 1988

B. Delaware VOC RACT Regulation

Regulation No. 24: CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

http://www.dnrec.state.de.us/air/aqm_page/docs/pdf/reg_24.pdf

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

C. Delaware NOx RACT Regulation

Regulation No. 12: CONTROL OF NITROGEN OXIDES EMISSIONS

http://www.dnrec.state.de.us/air/aqm_page/docs/pdf/reg_12.pdf

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

10 DE Reg. 159 (07/01/06) (General)

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