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2007 Amendments to Regulation No. 1138 "Emission Standards for Hazardous Air Pollutants for Source Categories" (Formerly Reg. No. 38)  


Dry cleaning equipmentSubpart M "Perchloroethylene Air Emission Standards for Dry Cleaning Facilities"





To better protect the public’s health and welfare from their exposure to hazardous air pollutants (HAPs), Delaware and the EPA are reducing the emissions of HAPs. 


Congress, in the 1990 Amendments to the Clean Air Act, required EPA to undertake a two-part process to reduce HAP emissions.

  • The first part of this process required EPA to issue rules to reduce HAPs based on known, existing technology.  These rules were called Maximum Achievable Control Technology or MACT standards.  EPA issued the last of the MACT standards in 2004.
  • The second part in this process required EPA to estimate the level of risk the public remains exposed to after the requirements of the MACT standards have been met.  If EPA finds that the remaining level of health risk to the public is not acceptable, Congress required them to issue new rules further reducing the emissions of HAPs.  These second rules are called residual risk standards, as they are meant to reduce the remaining risk to acceptable levels.  EPA began issuing the first of the residual risk rules in 2005.

EPA issued their perchloroethylene dry cleaning MACT standard in September 22, 1993 and Delaware adopted the federal perchloroethylene dry cleaning MACT standard by reference into Regulation No. 38 on February 1, 1999 and on October 1, 2000.  Note: Regulation 38 has been recently renumbered Regulation No. 1138.


Since October 2000, the EPA has revised the federal perchloroethylene dry cleaning standard several times. The federal changes are summarized below and the federal rules are provided in the “Reference Information” below.

  • On June 23, 2003, the EPA clarified those authorities that EPA was retaining when delegating authorities to state and local agencies.  These changes do not affect dry cleaning facilities.
  • On December 19, 2005, the EPA permanently exempted area sources subject to specific MACT standards, such as dry cleaning facilities, from Title V permitting requirements.  In Delaware, these area source dry cleaning facilities are covered by existing source category permits issued under Regulation No. 1102.  These permits insure that all existing MACT standard requirements would continue to be applicable and the public would not be exposed to any greater risk as a result of the permanent exemption from Title V permitting requirements.
  • On July 27, 2006, the EPA adopted additional “residual risk” requirements that based on EPA’s assessment of the potential public health risk remaining following the complete implementation of the perchloroethylene dry cleaning MACT standard.
  • On September 21, 2006, the EPA corrected an error in the July 27, 2006 residual risk rule.

The purpose of this amendment to Subpart M of Regulation 1138, under Start Action Notice 2007-03, is to update the Delaware requirements applicable to perchloroethylene dry cleaning systems to be consistent with federal requirements, where appropriate, and to reduce the potential health impacts of perchloroethylene on the public health and welfare.


As part of this regulatory action:

  • Subpart M of Regulation 1138 is being renamed “Section 5.0”;
  • The requirements are being renumbered consistent with the Delaware Administrative Code format; and
  • We are changing the format of the regulation from the adoption by reference format of the past to now providing the complete regulatory text.  This latter change will eliminate the need for the public or the regulated community to interpret between the adopted by reference federal standard and the changes we make upon adopting federal standards into Regulation No. 1138.



Delaware’s anticipated schedule for adopting these revisions to perchloroethylene dry cleaning requirements of Regulation 1138 is:

  • Start Action Notice Approved – Complete
  • Draft Regulatory Language Available – September 2007
  • Public Workshops Held – October and November 2007
  • Public Hearings Held – January 22, 2008
  • Final Rule Published in the Delaware Register - May 1, 2008
  • Final Rule Effective Date – July 28, 2008

Special Note: To insure a smooth transition for facilities from their compliance with the current MACT requirements to continued compliance with the new residual risk requirements, Air Quality Management plans to piggy-back our development of the regulation with the revision and re-issuance of the Regulation 1102 Source Category Permits throughout the regulatory progress.  To accomplish this smooth transition, joint public workshops, public hearings and public outreaches will be held.  In addition, we will be working with Kim Chesser, DNREC’s Small Business Ombudsman to

  • Develop educational information;
  • Provide demonstrations;
  • Update the required notification forms; and
  • Update the compliance calendar for the new requirements.




Final Section 5.0 Published in the Delaware Register of Regulations  New!


The Secretary's order and final amendment were published on May 1, 2008 Delaware Register beginning on Page 1489.

Final Amendment of Section 5.0 (Former Subpart M) 


On April 14, 2008, DNREC Secretary John A. Hughes approved the revised proposed amendment to subpart M of Regulation 1138 (formerly Regulation 38).

Public Hearing held on January 22, 2008 

Currently Proposed Regulation and Public Hearing 


Hearing notice and proposed regulation as they appeared in the January 1, 2008 Delaware Register of Regulations.

The proposed changes to Subpart M and Public Hearing Notice submitted to the Delaware Register of Regulations.

Public Workshops were held on Oct. 29, Nov. 5 and Nov. 6, 2007 

Draft Regulatory Language

Start Action Notice

Reference Information

  • Potential Adverse Health Effects Associate with Perchloroethylene

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, pesticides, herbicides, and radionuclides that present tangible hazards, based on scientific studies of exposure to humans and other mammals.  Perchloroethylene (also known as tetrachloroethylene) is classified as a hazardous air pollutant.

Links to EPA's Health Effects Fact Sheets are provided below:

For information regarding Regulation No. 1138 (Subpart M) in Delaware contact:

Jim Snead

715 Grantham Lane 
New Castle, DE 19720

Main line – (302) 323-4542
Fax line – (302) 323-4598




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