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 small (i.e., area) sources that emit any of these pollutants.
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 July 1, 2008, the EPA finalized another of these federal area source standards affecting Delaware facilities. The standard found at 40 CFR Part 63 Subpart WWWWWW or 6Ws, is applicable to new and existing area source plating and polishing operations. This federal standard addresses the emissions of 5 metal HAPs. These HAPs include compounds of cadmium, chromium, lead, nickel, and manganese. In the federal rule these compounds are collectively referred to as "Plating and Polishing Metal HAPs." Compounds of each of these metals, except manganese, have been classified by the EPA as probable carcinogens. Compounds of all of these metals can pose non-cancerous risks to the exposed public. The systematic impacts of the various metal compounds differ. The health effects of these compounds are provided in links in the Reference Information below.
Delaware adopted this new federal area source standard as Section 10 of Regulation 1138 on November 1, 2009. Click here for the regulatory webpage associated with that adoption.
On September 19, 2011, the EPA, after extended discussions with the plating and polishing industry, amended portions of Subpart 6Ws. The primary change effected in this amendment was to clarify that Subpart 6Ws did not apply to any bench scale activities. At the same time, the EPA also made changes 1) to clarify industry’s confusion on applicability of Subpart 6Ws to various types of plating operations, 2) to correct portions of the original text that was being misinterpreted, and 3) to correct several technical errors.
The purpose of this amendment to Section 10 of Regulation 1138, under Start Action Notice 2012-17, is to update the Delaware requirements applicable area source plating and polishing operations to be consistent with the recently revised federal requirements, where appropriate, and to continue to reduce the potential health impacts of HAPs on the public health and welfare.
Delaware’s anticipated schedule for adopting these revisions to the area source plating and polishing requirements of Regulation 1138 is:
- Start Action Notice Approved - Completed on August 21, 2012
- Draft Regulatory Language Available – March 27, 2013
- Public Workshops - Completed on April 23 (Georgetown) and May 1 (New Castle)
- Proposed Regulatory Language Published in Delaware Register - June 1, 2013
- Public Hearing - Scheduled for June 27, 2013
- Secretary's Order - 4Q13
- Final Regulatory Language Published in Delaware Register - 4Q13
- Effective Date - 4Q13
A public hearing will be held on Thursday, June 27, 2013 in DNREC's Richardson and Robbins Auditorium, 89 Kings Highway in Dover.
Initially Proposed Regulation and Public Hearing Notice
The Register Notice and proposed regulation as they appeared in the June 1, 2013 Delaware Register of Regulations.
The proposed amendment to Section 10.0 of Regulation 1138 and June 27, 2013 Public Hearing Notice submitted for publication in the Delaware Register of Regulations.
Two public workshops were conducted on the planned revisions to Section 10. The first workshop was held on Tuesday, April 23, 2013, starting at 4:00 PM, at the William A. Carter Partnership Center on the Owens Campus of Delaware Technical & Community College in Georgetown. The second workshop was held on Wednesday, May 1, 2013, starting at 3:00 PM, at the DNREC Grantham Lane Office at 715 Grantham Lane, south of the City of New Castle.
Draft Regulatory Language
- Section 10.0 Initial Draft Revision Language (3/27/13)
- 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 area source plating and polishing operations. Table 10-1 of Section 10.0 identifies those provisions in Section 3.0 of Regulation 1138 that are applicable to Section 10.0.
- 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, heavy metals, pesticides, herbicides, and radionuclides that present tangible hazards, based on scientific studies of exposure to humans and other mammals. The Plating and Polishing Metal HAPs are classified as hazardous air pollutants.
For more information regarding Regulation No. 1138 in Delaware contact:
715 Grantham Lane
New Castle, DE 19720