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Skip Navigation LinksDNREC : Division of Waste & Hazardous Substances : Info : Regulations : 1138Section16


Regulation 1138 - Emission Standards for Hazardous Air Pollutants for Source Categories

Section 16.0

"Emission Standards for Hazardous Air Pollutants for Area Source Asphalt Processing and Asphalt Manufacturing Operations"



Congress sought to reduce cancer and non-cancer health risks due to the exposure to hazardous air pollutants (HAPs) in the 1990 Amendments to the Clean Air Act. Under Section 112(k) - "Area Source Program", Congress mandated that the EPA identify 30 or more HAPs that posed the greatest threat to public health in urban areas, and to identify the area (i.e., small) sources that emit any of these pollutants, and promulgate standards to address the emissions from those area sources.


In 1999, the EPA identified 33 HAPs that posed the greatest threat to public health and has, since that time, identified over 60 area source categories for which standards are to be promulgated. Click here for more information on the Federal "Area Source Program."


On December 2, 2009, the EPA finalized another of these federal area source standards affecting Delaware facilities. The standard found at 40 CFR Part 63 Subpart AAAAAAA, is applicable to new and existing area source asphalt processing operations and asphalt roofing manufacturing operations.



The HAPs of concern in Section 16.0 are a group of chemical compounds referred to as polycyclic aromatic hydrocarbons or PAHs.  The U.S. EPA has designated 16 PAH compounds as priority pollutants; these are naphthalene, acenaphthylene, acenaphthene, fluorene, phenanthrene, anthracene, fluoranthene, pyrene, benzo[a]anthracene, chrysene, benzo[b]fluoranthene,  benzo[k]fluoranthene, benzo[a]pyrene, dibenz[a,h]anthracene, benzo[g,h,i]perylene, and ideno[1,2,3-cd]pyrene.  EPA has classified seven PAH compounds (benzo[a]pyrene, benzo[a]anthracene, chrysene, benzo[b]fluoranthene, benzo[k]fluoranthene, dibenz[a,h]anthracene, and ideno[1,2,3-cd]pyrene) as probable human carcinogens.



PAHs are themselves a subcategory of a much larger class of complex organic chemical compounds referred to as polycyclic organic matter (POMs).  POMs are one of the 33 HAPs that EPA identified as posing the greatest threat to public health. The toxicity and systematic impacts of the various compounds differ greatly.  The health effects of POMs, including PAHs, are provided in the link in the Reference Information, below.


Path forward 

Delaware's anticipated schedule for adopting Section 16.0 into Regulation 1138 is:

  • Start Action Notice Approved - Completed on June 18, 2010
  • Draft Regulatory Language Available - Initial draft released on July 6, 2010
  • Public Workshop - Held on August 9, 2010
  • Proposed Regulatory Language Published in Delaware Register - September 1, 2010
  • Public Hearing Held - September 22, 2010
  • Secretary's Order (2010-A-0038) - Issued on November 10, 2010
  • Final Regulatory Language Published in the Delaware Register - December 1, 2010
  • Effective Date - December 11, 2010



To meet the notification and reporting requirements of Section 16 of Regulation 1138, the owner or operator shall provide the Department (with copies to the EPA) with the information defined in 16.9 and 16.10, as applicable.  The Division of Air Quality has developed forms to assist facilities in complying with these requirements.  The use of these compliance assistance tools is optional.

Semi-annual Compliance Report Forms

There are two different compliance reporting forms.  Form 1 can be used when the facility experiences no deviations during the reporting period.  The much longer Form 2 may be used when a deviation occurs during the reporting period.



Final Amendment to Section 16.0  New!


On November 10, 2010 DNREC approved the proposed amendment (Section 16.0) to Regulation 1138.

Public Hearing


A public hearing was held on September 22, 2010 at the Division of Air Quality Office at 715 Grantham Lane in New Castle.

Proposed Regulation and Public Hearing Notice


The public hearing notice and proposed Section 16.0 as they appear in September 1, 2010 Delaware Register of Register.

The proposed Section 16.0 addition to Regulation 1138 and the September 22, 2010 Public Hearing Notice submitted for publication in the September 1, 2010 Delaware Register of Regulations.

Public Workshop


A public workshop was held on August 9, 2010 beginning at 6 PM at the Division of Air Quality Office at 715 Grantham Lane in New Castle.  

Draft Regulatory Language


Reference Information

  • Other Applicable Requirements in Regulation 1138. 

The General Provisions (Section 3.0) of Regulation 1138 are also applicable to the owners or operators of affected asphalt processing and ashalt roofing manufacturing operations.  Table 16-1 of Section 16.0 identifies those provisions in Section 3.0 of regulation 1138 that are applicable to Section 16.0.  

  • Potential Adverse Health Effects Associated with Polycyclic Aromatic Hydrocarbons

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, heavy metals, pesticides, herbicides, and radionuclides that present tangible hazards, based on scientific studies of exposure to humans and other mammals. 


Links to EPA's Health Effects Fact Sheets are provided below:

For more information regarding Regulation No. 1138 in Delaware contact:

Jim Snead

715 Grantham Lane 
New Castle, DE 19720
Main line – (302) 323-4542
Fax line – (302) 323-4598


 Last Revised: 11/15/2010

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