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 first part of this process required EPA to issue rules to reduce HAPs based on known, existing technology. These rules were called Maximum Achievable Control Technology or MACT standards.
· The second part in this process required EPA to estimate the level of risk the public remains exposed to after the requirements of the MACT standards have been met. If EPA finds that the remaining level of health risk to the public is 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 with an ample margin of safety. EPA began issuing the first of the residual risk rules in 2005.
EPA issued their halogenated solvent cleaning MACT standard on December 2, 1994 and Delaware adopted the federal halogenated solvent cleaning MACT standard by reference into Regulation No. 1138 on November 1, 2001.
Since November 2001, the EPA has revised the federal halogenated solvent cleaning standard several times. The federal changes are summarized below and the federal rules are provided in the “Reference Information” below.
· On June 23, 2003, the EPA clarified those authorities that EPA was retaining when delegating authorities to state and local agencies. These changes do not affect facilities that perform halogenated solvent cleaning.
· On December 19, 2005, the EPA permanently exempted area sources subject to specific MACT standards, such as halogenated solvent cleaning, from Title V permitting requirements. In Delaware, these area source facilities that perform halogenated solvent cleaning are covered by existing permits issued under Regulation No. 1102. These permits insure that all existing MACT standard requirements would continue to be applicable and the public would not be exposed to any greater risk as a result of the permanent exemption from Title V permitting requirements.
· On May 3, 2007, the EPA adopted additional “residual risk” requirements that were based on EPA’s assessment of the potential public health risk remaining following the complete implementation of the halogenated solvent cleaning MACT standard.
The purpose of this amendment to Section 8 of Regulation 1138, under Start Action Notice 2010-24, is to update the Delaware requirements applicable to halogenated solvent cleaning to be consistent with federal requirements, where appropriate, and to reduce the potential health impacts of halogenated cleaning solvents on the public health and welfare.
Delaware's anticipated schedule for adopting the halogenated solvent cleaning residual risk standard requirements into Regulation 1138 is as follows:
- Start Action Notice Approved (SAN 2010-24) – Completed October 8, 2010
- Draft Regulatory Language Available – May 20, 2011
- Public Workshop – Held on June 28, 2011
- Proposed Regulatory Language Published in Delaware Register - August 1, 2011
- Public Hearing - Held on August 24, 2011
- Secretary's Order (2011-A-0046) - Issued on November 16, 2011
- Final Regulatory Language Published in the Delaware Register - December 1, 2011
- Effective Date - December 11, 2011
Final Amendment to Section 8.0
On November 16, 2011, the DNREC Secretary approved the proposed amendment to Section 8 of Regulation 1138.
A public hearing was held at 6:00 PM on August 24, 2011 at the DNREC’s Richardson and Robbins Auditorium at 89 Kings Highway in Dover.
Proposed Regulation and Public Hearing Notice
The proposed amendment to Section 8.0 of Regulation 1138 that appeared in the August 1, 2011 Delaware Register of Regulations was revised on August 2, 2011 to correct non-substantive errata and inconsistencies with the Registrar's Style Manual.
The public hearing notice and proposed Section 8.0 amendment as they appeared in the August 1, 2011 Delaware Register of Regulations.
The proposed amendment to Section 8.0 of Regulation 1138 and the August 24, 2011 Public Hearing Notice submitted for publication in the August 1, 2011 Delaware Register of Regulations.
A public workshop was held on June 28, 2011 at the Division of Air Quality Office in the Blue Hen Corporate Center, 655 S. Bay Road, Suite 5N, Dover.
Draft Regulatory Language
COMPLIANCE ASSISTANCE TOOLS
To meet the new facility-wide notification and reporting requirements associated with the amendment of Section 8.0 of Regulation 1138, the owner or operator shall provide the Department (with copies to the EPA) in accordance with 18.104.22.168, 8.10.5, and 8.10.6, as applicable. The Division of Air Quality has developed forms to assist affected facilities in complying with these requirements. Note: these forms are designed to allow sources to directly enter the required information into the downloadable files.
The use of these compliance assistance tools is optional.
- Potential Adverse Health Effects Associated with Halogenated Solvents.
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. Halogenated solvents are classified as hazardous air pollutants.
Links to EPA's Health Effects Fact Sheets for halogenated solvents are provided below:
- Halogenated Solvent Cleaning Residual Risk Standard
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: 11/17/11