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 14 of Regulation 1138 will contain requirements applicable to area source miscellaneous surface coating operations that perform spray application of coatings that contain target HAPs to any part or product made of plastic, metal, or combination of plastic and metal that are not motor vehicles or mobile equipment. For the purposes of Section 14.0, target HAPs are compounds of cadmium, chromium, lead, manganese, or nickel.
Click here for additional information on this separation and for links to the related paint stripping and motor vehicle surface coating regulatory development actions.
The area source miscellaneous parts or products surface coating 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 referred to collectively as "Target 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 these metals can pose non-cancerous risks to the exposured public. The health effects of these compounds are provided in the links in the Reference Information, below.
Delaware's anticipated schedule for adopting the "miscellaneous parts or products surface coating operation" requirements into Regulation 1138 is:
Draft Regulatory Language Available - Aug. 7, 2009
Public Workshops - Held on Sept. 22, 24 and 29, 2009
Proposed Regulatory Language Published in Delaware Register - Dec.1, 2009
Public Hearing Held - Jan. 5, 2010
Secretary's Order (2010-A-0007) - Issued on March 11, 2010
Effective Date - April 11, 2010
Compliance Assistance Tools
To meet the notification and reporting requirements of Section 14.0 of Regulation 1138, the owner or operator shall provide the Department (with copies to the EPA) with the information defined in 14.7 and 14.8, 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.
Note: Existing sources must submit the Initial Notification form by April 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.
Painter Certification Template
Final amendment of Section 14.0 NEW!
On March 11, 2010, DNREC Secretary Colin P. O'Mara approved the proposed amendment (Section 14.0) to Regulation 1138.
Public Hearing held on January 5, 2010 at Air Quality Management's Dover Office
Initially Proposed Regulation and Public Hearing Notice
The public hearing notice and proposed regulation as they appear in the December 1, 2009 Delaware Register of Regulations.
The proposed Section 14 addition to Regulation 1138 and the January 5, 2010 Public Hearing Notice submitted for publication in the Dec. 1, 2009 Delaware Register of Regulations:
Public workshops were held in each of Delaware's three counties, from 6 - 8:30 p.m. on Sept. 22 (New Castle), Sept. 24 (Kent-Dover) and Sept. 29 (Sussex-Georgetown).
Because Air Quality Management is currently working on adopting/revising five other regulations pertaining to stationary sources that apply surface coatings to parts and products, information on all six standards was presented at each of these workshops.
Public Workshop Handouts - Final
Draft Regulatory Language
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 miscellaneous parts or products surface coating operations. Table 14-1 of Section 14.0 identifies those provisions in Section 3.0 of regulation 1138 that are applicable to miscellaneous parts or products surface coating operations.
- Potential Adverse Health Effects Associated with Target 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. Target HAPs are classified as a hazardous air pollutants.
Links to EPA's Health Effects Fact Sheets are provided below:
- Federal Rules and Amendments
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
Last Revised: 3/12/2010