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 the 30 or more HAPs that posed the greatest threat to public health in urban areas, and to identify the area sources (i.e., small source categories) that emit any of these pollutants, and to promulgate standards to address the emissions from those area sources.
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 5, 2010, the EPA finalized another of these federal area source standards affecting Delaware facilities. The standard found at 40 CFR Part 63 Subpart DDDDDDD, is applicable to new and existing area source prepared feeds manufacturing facilities.
The HAPs of concern in Section 17.0 are chromium and manganese compounds, which are added to animal feeds as micronutrients. Trivalent chromium compounds and manganese compounds are not classifiable as to their human carcinogenicity. The major non-cancerous effects from chronic inhalation exposure are diseases associated with the respiratory tract (chromium compounds) and central nervous system (manganese compounds).
The health effects of chromium and manganese compounds are provided in the link in the Reference Information, below.
The adoption process for Section 17.0 was suspended temporarily in the Fall of 2011 pending EPA's completion of changes that became effective on February 21, 2012.
Revised path forward
Delaware's originally anticipated schedule for adopting Section 17.0 into Regulation 1138 was revised in April 2012 as follows:
Start Action Notice Approved – Completed on August 23, 2011
Draft Regulatory Language Available – Initial draft released on August 27, 2011
Draft Regulatory Language Available – Revised draft released on May 1, 2012
Public Workshop – Completed on June 7, 2012
Proposed Regulatory Language Published in Delaware Register – August 1, 2012
Public Hearing – Held on August 22, 2012
Secretary's Order (2012-A-0039) – Issued on November 9, 2012
Final Regulatory Language Published in the Delaware Register – December 1, 2012
Effective Date – December 11, 2012
COMPLIANCE ASSISTANCE TOOLS NEW!
To meet the notification and reporting requirements of Section 17 of Regulation 1138, the owner or operator shall provide the Department (with copies to the EPA) with the information defined in 17.7 and 17.8, as applicable. The Division of Air Quality has developed forms to assist facilities in complying with these requirements. The use of these compliance assistance tools is optional.
REGULATORY INFORMATIONOn November 9, 2012, DNREC approved the proposed amendment (Section 17.0) to Regulation 1138.
Approval of Section 17.0 NEW!
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 17.0 as they appear in the August 1, 2012 Delaware Register of Regulations.
The proposed addition of Section 17.0 to Regulation 1138 and the August 22, 2012 Public Hearing Notice submitted for publication in the August 1, 2012 Delaware Register of Regulations.
A public workshop was conducted on June 7, 2012 at the Delaware Technical & Community College in Georgetown. The workshop was held in Room 530 of the William A. Carter Partnership Center on the Owens Campus.
Draft Regulatory Language
Section 17.0 Revised Draft Language (5/1/12)
Section 17.0 Initial Draft Language (8/27/11)
- 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 prepared feeds manufacturing facilities. Table 17-1 of Section 17.0 identifies those provisions in Section 3.0 of Regulation 1138 that are applicable to facilities subject to Section 17.0. Potential Adverse Health Effects Associated with chromium and manganese compounds.
- Potential Adverse Health Effects Associated with chromium and manganese compounds
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.
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: 8/27/12