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 second part in this process required EPA to estimate the level of risk the public remained exposed to after the requirements of the MACT standards have been fully implemented. If EPA found that the remaining level of health risk to the public was 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. In addition, the Clean Air Act requires the EPA to review and revise the MACT standards, taking into account any new developments in practices, processes, and control technologies. To date, the EPA has been conducting the residual risk assessment and development review simultaneously. These combined reviews are referred to as RTRs (risk and technology reviews).
EPA issued their chromium electroplating and anodizing MACT standard on January 25, 1995 and Delaware adopted the federal chromium electroplating and anodizing MACT standard by reference into Regulation 38 on September 1, 1999. Note: Regulation 38 has since been renumbered Regulation 1138.
Between September 1999 and April 2006, the EPA revised the federal chromium electroplating and anodizing MACT standard several times. These federal changes were adopted into Section 6 on November 1, 2007. Click here for the regulatory webpage associated with that adoption.
On September 19, 2012, the EPA adopted additional requirements. These new and modified requirements resulted from the EPA’s completion of the RTR of the federal chromium electroplating and anodizing MACT standard.
The purpose of this amendment to Section 6 of Regulation 1138, under Start Action Notice 2012-22, is to update the Delaware requirements applicable chromium electroplating and anodizing operations to be consistent with revised federal requirements, where appropriate, and to reduce the potential health impacts of hexavalent chromium on the public health and welfare.
Delaware’s anticipated schedule for adopting these revisions to chromium electroplating and anodizing requirements of Regulation 1138 is:
- Draft Regulatory Language Available - March 25, 2013
- Public Workshops - Completed on April 23 (Georgetown) and May 1 (New Castle)
- Proposed Regulatory Language Published in Delaware Register - June 1, 2013
- Public Hearing - Scheduled for June 27, 2013
- Secretary's Order - 4Q13
- Final Regulatory Language Published in Delaware Register - 4Q13
- Effective Date - 4Q13
A public hearing will be held on Thursday, June 27, 2013 in DNREC's Richardson and Robbins Auditorium, 89 Kings Highway in Dover.
Initially Proposed Regulation and Public Hearing Notice
The Register Notice and proposed regulation as they appeared in the June 1, 2013 Delaware Register of Regulations.
Proposed Regulation and Public Hearing Notice
The proposed amendment to Section 6 of Regulation 1138 and the June 27, 2013 Public Hearing Notice submitted for publication in the June 1, 2013 Delaware Register of Regulations.
Two public workshops were conducted on the planned revisions to Section 6. The first workshop was held on Tuesday, April 23, 2013, starting at 4:00 PM, at the William A. Carter Partnership Center on the Owens Campus of Delaware Technical & Community College in Georgetown. The second workshop was held on Wednesday, May 1, 2013, starting at 3:00 PM, at the DNREC Grantham Lane Office at 715 Grantham Lane, south of the City of New Castle.
Draft Regulatory Language
The General Provisions (Section 3.0) of Regulation 1138 are also applicable to the owners or operators of affected chromium electroplating and anodizing operations. Table 6-3 of Section 6.0 identifies those provisions in Section 3.0 of Regulation 1138 that are applicable to Section 6.0.
COMPLIANCE ASSISTANCE TOOLS
To meet the new notification requirements of Section 6 of Regulation 1138, the owner or operator shall provide the Department (with copies to the EPA) with the information defined in 6.8, 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.
- Potential Adverse Health Effects 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. Chromium compounds are classified as hazardous air pollutants.
For more information regarding Regulation No. 1138 in Delaware contact:
715 Grantham Lane
New Castle, DE 19720