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.
Delaware's anticipated schedule for adopting the "plating and polishing operation" requirements into Regulation 1138 is:
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.
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
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.
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:
- Federal Rules and Amendments
- 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:
715 Grantham Lane
New Castle, DE 19720
Main line – (302) 323-4542
Fax line – (302) 323-4598