Background
Delaware adopted by reference the federal Maximum Achievable Control Technology (MACT) standard applicable to secondary aluminum production facilities (40 CFR Part 63 Subpart RRR) into Regulation No. 38 on June 1, 2003. When Delaware adopted this standard all sources subject to it were required to get a Title V operating permit. Note: Regulation 38 is being renumbered Regulation No. 1138.
In December 2005, the EPA revised the Title V permitting requirements to permanently exempt the smaller area sources from needing a Title V permit.
The purpose of this amendment to Subpart RRR of Regulation No. 38 is, consistent with federal requirements, to permanently exempt the smaller area sources from Title V permitting requirements and to update this standard for other clarifications that the EPA has made since Delaware adopted this standard in November 2001.
As part of this regulatory action, Subpart RRR will be renamed and renumbered consistent with the Delaware Administrative Code format and format of the regulation will be changed from the adoption by reference format to a format that includes the complete regulatory text. This latter change will eliminate the need for the public or the regulated community to interpret between the adopted by reference federal standard and the changes the Department made upon adoption into Regulation No. 38.
Final Section 12.0 Regulatory Requirements New!
The following regulatory requirements are applicable to secondary aluminum production facilities and became effective on August 11, 2007.
Final Amendment of Section 12.0 (Former Subpart RRR)
On July 16, 2007, DNREC Secretary John A. Hughes approved the revised proposed amendments to Subpart T and RRR of Regulation 1138 (formerly Regulation 38).
Public Hearing held on June 21, 2007
Public Hearing handout and presentation
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Note: Due to a 6/13/07 lawsuit filed by Earthjustice against EPA on the rule changes found in 71 FR 20461, April 20, 2006, the Department plans to reverse our proposed changes in 12.17.1 pending the outcome of the lawsuit, as shown in this revised proposed language.
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Currently Proposed Regulation and Public Hearing
Hearing notice and proposed regulation as it appeared in the June 1, 2007 Delaware Register of Regulations.
The changes to Subparts T and RRR were combined into a single document in the submittal of the proposed regulation to the Delaware Register of Regulations.
Draft Regulatory Language
The Renumbering Table correlates the new Delaware Register numbers to previous numbering system based on teh federal register.
Start Action Notice
Reference Information
- Federal Changes Since November 2001
- 69 FR 53984, September 3, 2004
- 70 FR 57517, October 3, 2005
- 70 FR 75320, December 19, 2005
- 71 FR 20461, April 20, 2006
- Note: On 6/13/07 lawsuit Earthjustice, representing Coalition for Safe Environment filed a lawsuit against EPAon the rule changes found in 71 FR 20461, April 20, 2006.
- Current Delaware Regulatory Language
- Known Affected Sources
For information regarding Regulation No. 1138 (Subpart RRR) in Delaware contact:
Jim Snead
715 Grantham Lane
New Castle, DE 19720
Main line – (302) 323-4542
Fax line – (302) 323-4598
Email: james.snead@state.de.us
