Congress sought to reduce public health impacts due to the exposure to criteria pollutants in the 1990 Amendments to the Clean Air Act. Under Section 111(b), the EPA Administrator is required to establish Federal standards of performance for new sources in prescribed source categories. Under Section 111(d)(1), each State is required to submit a plan to the EPA Administrator which establishes standards of performance for existing sources in those prescribed source categories.
On September 15, 1997, the EPA adopted a New Source Performance Standard and an Emission Guideline, 40 CFR Part 60 Subparts Ec and Ce, respectively, which were applicable to new and existing hospital, medical and infectious waste incinerator (HMIWI) units. As required under the Clean Air Act, Delaware adopted Section 29, “New Source Performance Standards for Hospital/Medical/Infectious Waste Incinerators” into Regulation 1120 on September 1, 1998. At the time of the adoption of Section 29, there were 3 existing Delaware HMIWI units in operation. Since the 1998 adoption of Section 29, those 3 existing HMIWI units have been dismantled and no new HMIWI units have been built. There are no HMIWI units in Delaware and the likelihood of the construction of new HMIWI unit is very low.
Delaware is proposing to repeal Section 29 as its inherent regulatory requirements are currently outdated and its continuance is no longer justified by present realities. If a new HMIWI unit were to be installed, it would be regulated under the amended 40 CFR Part 60, Subpart Ec that the EPA adopted on October 6, 2009.
Delaware's anticipated schedule for repealing Section 29.0 of Regulation 1120 is as follows:
Start Action Notice Approved – Completed on July 5, 2012
Proposed Regulatory Language Published in Delaware Register – August 1, 2012
Public Hearing – Held on August 22, 2012
Secretary's Order (2012-A-0040) – Issued on November 9, 2012
Final Regulatory Language Published in the Delaware Register – December 1, 2012
Effective Date – December 11, 2012
Approved Repeal of Section 29.0 NEW!
On November 9, 2012, DNREC approved the proposed repeal of Section 29.0 of Regulation 1120.
A public hearing was held on Wednesday, August 22, 2012 in DNREC's Richardson and Robbins Auditorium, 89 Kings Highway in Dover.
Proposed Regulation and Public Hearing Notice
The public hearing notice and proposed Section 29.0 as they appear in the August 1, 2012 Delaware Register of Regulations.
The proposed repeal of Section 29.0 in Regulation 1120 and the August 22, 2012 Public Hearing Notice submitted for publication in the August 1, 2012 Delaware Register of Regulations.
For more information regarding Section 29.0 of Regulation No. 1120 in Delaware contact:
715 Grantham Lane
New Castle, DE 19720
Main line – (302) 323-4542
Fax line – (302) 323-4598
Last revised: 11/13/12