Introduction The Clean Air Act Amendments of 1990 stipulated a two-phase rulemaking process that the EPA must use to protect public health from exposure to hazardous air pollutants (HAPs). Consistent with this two-phase process, the EPA adopted the maximum achievable control technology (MACT) standard (phase 1) applicable chromium electroplating and chromium anodizing facilities on Jan. 25, 1995 as Subpart N in 40 CFR Part 63 and later amended those requirements (phase 2) by promulgating the more health-protective residual risk requirements on Sept.19, 2012.
Delaware adopted the federal MACT standard, i.e. the Subpart N requirements, as Section 6 of 7 DE Admin Code 1138 on Nov. 1, 2001 and later amended Section 6 on Sept. 1, 2013 to incorporate the more health-protective residual risk requirements.
On Feb. 27, 2014, the EPA finalized, under a single rulemaking, over 80 additions to and revisions of the test methods and the testing provisions in various standards in order to improve the quality of test data and to provide testers the additional flexibility of using these newly approved alternative procedures. Subpart N was one of the changed standards.
Prior to that 2014 rulemaking, subsection §63.344(c) of Subpart N provided the owners or operators of affected chromium electroplating and chromium anodizing facilities up to 4 test methods to demonstrate compliance with the standard. In the 2014 final rule, the EPA provided the owners or operators subject to Subpart N with an optional fifth test method to select from by adding the South Coast Air Quality Management District “Test Method 205.1”. The Department of Natural Resources and Environmental Control (DNREC) is proposing to amend Section 6 by adding the same optional, alternative test method, in order to (1) maintain the consistency of Delaware’s air regulatory requirements under Section 6 with the national requirements under Subpart N and (2) to give owners or operators of Delaware’s affected facilities and their testers the additional flexibility to use the EPA’s newly approved testing alternative.
Delaware’s anticipated schedule for adopting these revisions to chromium electroplating and anodizing requirements of Regulation 1138 is:
- Start Action Notice Approved - April 14, 2015
- Draft Regulatory Language Available - May 7, 2015
- Proposed Regulatory Language Published in Delaware Register - July 1, 2015
- Public Hearing - Conducted on August 4, 2015
- Secretary's Order - Signed Sept. 8, 2015
- Final Regulatory Language Published in Delaware Register - Oct. 1, 2015
- Effective Date - Oct. 11, 2015
COMPLIANCE ASSISTANCE TOOLS
To meet the notification and reporting requirements of Section 6 of Regulation 1138, the owner or operator shall provide the Department (with copies to the EPA) the information defined in 6.8, as applicable. In 2013, the Division of Air Quality provided compliance assistance tools to assist the owner or operator of affected facilities in complying with these requirements.
Because this amendment to Section 6, the Division of Air Quality has revised and enhanced the compliance tool associated with the “Notification of Performance Test”, which is required under 6.8.4 of Regulation 1138. The revised compliance tool is provided below.
On Sept. 8, 2015, the DNREC Secretary signed Secretary’s Order No. 2015-A-0035, amending Regulation 1138. This amendment to Section 6 of Regulation 1138 makes Delaware’s Regulation 1138 consistent with a recent change to a Federal air toxics rule (40 CFR Part 63 Subpart N). This amendment gives the owners or operators of Delaware’s affected facilities and their testers the additional flexibility to use the EPA’s newly approved performance testing alternative methodology. The effective date of this amendment to Section 6 was Oct. 11, 2015.
A public hearing was held on August 4, 2015 in the Richardson & Robbins Building Auditorium in DNREC's office at 89 Kings Highway, Dover.
The proposed amendment to Section 6.0 of Regulation 1138 and the Notices published in the July 1, 2015 Delaware Register of Regulations:
The proposed amendment to Section 6.0 of Regulation 1138 and the Register Notice submitted for publication in the July 1, 2015 Delaware Register of Regulations.
Draft Regulatory Language
Potential Adverse Health Effects. EPA provides fact sheets describing the effects on human health of substances that are identified as hazardous air pollutants in the 1990 amendments of the Clean Air Act. These substances include certain volatile organic chemicals, pesticides, herbicides, and radionuclides that present tangible hazards, based on scientific studies of exposure to humans and other mammals. Chromium compounds are classified as hazardous air pollutants. Links to EPA's Health Effects Fact Sheets are provided below:
For more information contact:
715 Grantham Lane
New Castle, DE 19720