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 15 of Regulation 1138 will contain requirements applicable to area source surface coating operations that perform spray application of coatings that contain target HAPs to motor vehicles or mobile equipment. For the purposes of Section 15.0, 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 miscellaneous parts or products surface coating regulatory development actions.
The area source mobile vehicles or mobile equipment 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 "motor vehicles or mobile equipment surface coating operation" requirements into Regulation 1138 is:
Draft Regulatory Language Available - December 1, 2009
Public Workshops - Held on February 16,18, and 25, 2010
Proposed Regulatory Language Published in Delaware Register - May 1, 2010
Public Hearing - June 10, 2010
Secretary's Order (2010-A-0029) - 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 15.0 of Regulation 1138, the owner or operator shall provide the Department (with copies to the EPA) with the information defined in 15.7 and 15.8, 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 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.
Final amendment to Section 15.0 NEW!
On September 17, 2010, DNREC Secretary Colin P. O'Mara approved the proposed amendment (Section 15.0) 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 15.0 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 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 two other standards pertaining to motor vehicle or mobile equipment surface coating operations, information on all three standards were presented at each of these workshops.
Draft Regulatory Language
COMPLIANCE ASSISTANCE TOOLS
Collision Repair Training Opportunity
In January 2010, DNREC and the EPA hosted (3) identical "Best Practices for Collision Repair Training" sessions. At each training session attendees were provided information on best practices for collision repair shops to reduce personnel exposure and emissions from their facilities and received updates on upcoming changes to Delaware's Air Regulations, which impact the owners and operators of collision repair shops.
The training handouts associated with Section 15 are as follows:
- 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: 9/24/10