Skip to Page Content
Delaware.gov Governor | General Assembly | Courts | Elected Officials | State Agencies
  Photo: Featured Delaware Photo
 
 
  Phone Numbers   Mobile   Help   Size   Print   Email

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

 

Regulation No.  1138 - Emission Standards for Hazardous Air Pollutants for Source Categories

Section 10.0 "Emission Standards for Hazardous Air Pollutants for Area Source Plating and Polishing Operations"

 

Background

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, 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.  The systematic impacts of the various metal compounds differ.  Compounds of all of these metals can pose non-cancerous risks to the exposed public. The health effects of these compounds are provided in links in the Reference Information below.  

 

 

Path forward 

Delaware's anticipated schedule for adopting the "plating and polishing operation" requirements into Regulation 1138 is:

  • Start Action Notice Approved - Completed April 5, 2009
  • Draft Regulatory Language Available - Initial draft released on April 28, 2009
  • Public Workshop - Held on June 9, 2009
  • Proposed Regulatory Language Published in Delaware Register - August 1, 2009
  • Public Hearing - Held on August 25, 2009
  • Secretary's Order - Issued on Ocober 13, 2009
  • Effective Date - November 11, 2009

Compliance Assistance Tools

The owner or operator of a plating and polishing operation is required to submit notifications and to prepare or send annual reports to meet the requirements 10.8 and 10.9 of this regulation.  The Department has prepared compliance assistance tools to simplify compliance with these requirements. These tools can be found below following the section on regulatory information.

Regulatory Information

Final Amendment of Section 10.0       NEW!

On October 13, 2009, DNREC Secretary Collin P. O'Mara approved the proposed amendment to Regulation 1138.

Public hearing held Aug. 25, 2009 at Air Quality Management Section's Grantham Lane location

Initially Proposed Regulation and Public Hearing Notice

The public hearing notice and proposed regulation as they appeared in the Aug. 1, 2009 Delaware Register of Regulations.

The proposed Section 10 addition to Regulation 1138 and the Public Hearing Notice submitted for publication in the Aug. 1, 2009 Delaware Register of Regulations

Public Workshop 

Draft Regulatory Language

Compliance Assistance Tools
Section 10 of Regulation 1138

To meet the notification and reporting requirements of Section 10 of Regulation 1138, the owner or operator shall provide the Department (with copies to the EPA) with the information defined in 10.8 and 10.9, as applicable. The owner or operator may use the following forms to meet these requirements.


Initial Notification Form to be used by all owners or operators.

 

Notification of Compliance Status (NOCS) Forms

The NOCS form varies based on the type of operation and control technology being used. The owner or operator may select from the appropriate form below. If an applicable form is not available, please contact Jim Snead at (302) 323-4542. 

Annual Compliance Certification Report (ACCR) Forms

The ACCR form varies based on the type of operation and control technology being used.  The owner or operator may select from the appropriate form below. If an applicable form is not available, please contact Jim Snead at (302) 323-4542.

Annual Deviation Report Form to be used by all owners or operators.

 

Reference Information

 

Potential Adverse Health Effects Associated with the Plating and Polishing Metal HAPs

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.

 

Links to EPA's Health Effects Fact Sheets:

  • Many Provisions in Section 3.0 (General Provisions) of Regulation 1138 are also applicable to owners or operators of plating and polishing operations. The applicable Section 3.0 requirements are specified in 10-1 of Section 10.0. Click here for Section 3.0 of Regulation 1138.   

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

Email: james.snead@state.de.us

Metal compounds are emitted from plating operationsMetal compounds are emitted
from plating operations 

 

 

Metal compounds are emitted during dry mechanical polishing
Metal compounds are emitted during dry mechanical polishing

 

 

Concertina with nickel plated decorations

Concertina with nickel
plated decorations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

site map   |   about this site   |    contact us   |    translate   |    delaware.gov