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 those 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. The EPA promulgated its first of these area source standards in 2006, and they are under Court ordered deadlines to complete all promulgations by June 2009. Air Quality Management (AQM) has estimated that approximately 28 of the area source standards could affect Delaware sources.
In July 2007, the EPA promulgated the first of these federal area source standards affecting a Delaware facility. This standard, found at 40 CFR Part 63 Subpart PPPPPP, is applicable to new and existing area source lead acid battery manufacturing plants.
The federal standard addresses the emissions of two heavy metals: lead and cadmium. Lead is classified as a probable carcinogen, and long-term exposures to lead are linked to blood disease (anemia), neurological effects and kidney disease. Children are particularly sensitive. Cadmium is classified as a probable carcinogen and long-term exposure to it is linked to kidney disease and adverse respiratory effects.
Rather than providing the full text requirements in the federal rule finalized on July 16, 2007, the EPA reference requirements for the emission standards, definitions, performance testing, monitoring and test methods in another regulation (40 CFR Part 60 Subpart KK) under the New Source Performance Standards program.
AQM will provide complete regulatory text when adopting the area source lead acid battery manufacturing standard into Regulation 1138 to eliminate the need for the public or the regulated community to interpret between the various federal rules.
Delaware’s anticipated schedule for adopting the lead acid battery manufacturing plant requirements into Regulation 1138 is :
- Start Action Notice Approved – Complete
- Draft Regulatory Language Available – Complete
- Proposed Regulatory Language Published in Delaware Register – Complete
- Public Hearings Held – Complete
- Planned Effective Date – October 11, 2008
Final Amendment of Section 11.0 NEW!
On September 10, 2008 DNREC Secretary John A. Hughes approved the proposed amendment to Regulation 1138.
Public Hearing held on July 29, 2008
Currently Proposed Regulation and Public Hearing
The public hearing notice and proposed regulation as they appeared in the July 1, 2008 Delaware Register of Regulations.
The proposed Section 11.0 addition to Regulation 1138 and the Public Hearing Notice Submitted for publication in the July 1, 2008 Delaware Register of Regulations.
Draft Regulatory Language
Start Action Notice
- The General Provisions of Regulation 1138 that are applicaple to owners or operators of lead acid battery manufacturing plants, as provided in Table 11.1 of Section 11.0, can be found in Section 3 of Regulation 1138.
- Potential Adverse Health Effects Associate with Lead and Cadmium
EPA provides fact sheets describing the effects on human health of substances that were 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. Lead and cadmium compounds are classified as hazardous air pollutants.
Links to EPA's Health Effects Fact Sheets are provided below:
- Federal Rules and Amendments
For 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