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Skip Navigation LinksDNREC : Division of Waste & Hazardous Substances : Info : Regulations : Section 13

 

Regulation 1138 - Emission Standards for Hazardous Air Pollutants for Source Categories

Section 13.0 - "Emission Standards for Hazardous Air Pollutants for Area Source Paint Stripping 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 January 9, 2008, the EPA finalized another of these federal area source standards affecting Delaware facilities. The standard found at 40 CFR Part 63 Subpart HHHHHH, is applicable to new and existing area source paint stripping operations and/or surface coatings operations.

 

Due to the complexity of this federal standard (Subpart HHHHHH) and its broad spectrum of affected businesses, most of which are small businesses, Air Quality Management has decided to separate the federal rule into three individual regulatory development actions under Regulation 1138. 

 

Section 13 of Regulation 1138 will contain requirements applicable to area source paint stripping operations that use chemical strippers that contain methylene chloride for the removal of dried paint.

 

Click here for additional information on this separation and for links to the two related surface coating regulatory development actions.

 

The area source paint stripping standard addresses the emissions of methylene chloride.  Methylene chloride is classified as a probable human carcinogen.  The non-cancerous effects of long-term exposures suggest that the central nervous system is the target in both humans and animals.

 

Path forward 

Delaware's anticipated schedule for adopting the "paint stripping operation" requirements into Regulation 1138 is:

  • Start Action Notice Approved - Completed April 28, 2009
  • Draft Regulatory Language Available - Aug. 7, 2009
  • Public Workshops - Held on Sept. 22, 24 and 29, 2009 and February 16, 18, and 25, 2010
  • Proposed Regulatory Language Published in Delaware Register - May 1, 2010
  • Public Hearing Held - June 10, 2010
  • Secretary's Order (2010-A-0028) - Issued on September 17,  2010
  • Final Regulatory Language Published in the Delaware Register - October 1, 2010
  • Effective Date - October 11, 2010

Compliance Assistance Tools   NEW!

 

To meet the notification and reporting requirements of Section 13.0 of Regulation 1138, the owner or operator shall provide the Department (with copies to the EPA) with the information defined in 13.5 and 13.6, as applicable.  The owner or operator may use the following forms to meet these requirements.  Instruction for the completion of these forms is also provided.

 

Initial Notification (IN) Forms

The IN form and instruction varies depending on if the affected source is an existing or new affected source.

Note: Existing sources must submit the Initial Notification form by October 11, 2010. 

 

Notification of Compliance Status (NOCS) Form can be used by all owners or operators.

Annual Notification of Changes Report Form can be used by all owners or operators.

 

Regulatory Information

Final amendment to Section 13.0  NEW!

 

On September 17, 2010, DNREC Secretary Colin P. O'Mara approved the proposed amendment (Section 13.0) to Regulation 1138.

Public Hearing held on June 10, 2010 at DNREC's Richardson and Robbins Auditorium (Dover). 

Initially Proposed Regulation and Public Hearing Notice

 

The public hearing notice and proposed regulation as they appear in the May 1, 2010 Delaware Register of Regulations.

The proposed Section 13.0 addition to Regulation 1138 and the June 10, 2010 Public Hearing Notice submitted for publication in the May 1, 2010 Delaware Register of Regulations:

Public Workshops 

An initial series of public workshops were held in each of Delaware's three counties, beginning at  6 PM on Sept. 22 (New Castle), Sept. 24 (Kent-Dover) and Sept. 29 (Sussex-Georgetown).

 

A second series of public workshops were held in each of Delaware's three counties, beginning at 6 PM on February 16, 2010 (New Castle), February 18, 2010 (Kent-Dover), and February 25, 2010 (Sussex- Georgetown).

Because Air Quality Management was also working on adopting/revising other standards pertaining to similar stationary sources that apply surface coatings, information on all standards were presented at each of these workshops.

Draft Regulatory Language

Compliance Assistance Tools
Section 13 of Regulation 1138

To meet the notification and reporting requirements of Section 13 of Regulation 1138, the owner or operator shall provide the Department (with copies to the EPA) with the information defined in 13.5 and 13.6, as applicable. The owner or operator may use the following forms to meet these requirements.  Instruction for the completion of these forms is also provided.

Initial Notification (IN) Forms
The IN form and instructions varies depending on if the affected source is an existing or new affected source.

Notification of Compliance Status (NOCS) Form can be used by all owners or operators.
 
Annual Notification of Changes Report Form can be used by all owners or operators.

Reference Information

  • Other Applicable Requirements in Regulation 1138. 

The General Provisions (Section 3.0) of Regulation 1138 are also applicable to the owners or operators of affected paint stripping operations.  Table 13-1 of Section 13.0 identifies those provisions in Section 3.0 of Regulation 1138 that are applicable to paint stripping operations.  

  • Potential Adverse Health Effects Associated with Methylene Chloride

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. Methylene Chloride is classified as a hazardous air pollutant.

 

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

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

Last Revised: 9/23/10

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