Division of Air and Waste Management

Background

Delaware adopted by reference the federal Maximum Achievable Control Technology (MACT) standard applicable to chromium electroplating facilities (40 CFR Part 63 Subpart N) into Regulation No. 38 on September 1, 1999 and amended Subpart N of Regulation No. 38 on October 1, 2000.  

Since 2000, the EPA has revised this MACT standard several times. Links to these federal changes are provided below.  The standard's emission limitations, work practices, definitions, compliance provisions and performance test requirements were impacted by three of the EPA revisions. EPA's 2005 revision permanently exempted the smaller area sources from the obligation of obtaining a Title V permit.

The purpose of this amendment to Subpart N of Regulation No. 38 is to update the Delaware requirements, where appropriate, to be consistent with federal requirements.  However, the Department finds that some of the revisions that the EPA adopted in 2004 weakened their original MACT standard and could lead to greater emissions of hexavalent chromium, a known human carcinogen. Since Delaware sources have demonstrated the ability to comply with the more protective original requirements, it is unlikely that these less stringent revisions will be proposed in the amendment of Subpart N of Regulation No. 38.

As part of this regulatory action, Subpart N will be renumbered consistent with the Delaware Administrative Code system and format of the regulation will be changed from the current 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.

Note: Regulation 38 is being renumbered Regulation No. 1138.

Draft Regulatory Language

• Proposed Draft Amendment (6/25/07)  
• May 17, 2007 Draft 
• Renumbering Table

The Renumbering Table correlates the new Delaware Administrative Code number system with the previous numbering system based on the federal standard.

Start Action Notice

• Start Action Notice 

Reference Information

• 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.

 

Links to EPA's Health Effects Fact Sheets are provided below:

• For chromium compounds
• For all hazardous air pollutants

• Federal Changes Since October 2000

·         68 FR 37347, June 23, 2003

·         69 FR 42894, July 19, 2004

·         70 FR 75320, Dec. 19, 2005

·         71 FR 20456, Apr. 20, 2006

Note:  On 6/13/07, Earthjustice, representing the Coalition for a Safe Environment, filed a lawsuit against EPA on the rule changes found in 71 FR 20461, April 20, 2006.  The Department does not plan to consider this rulemaking until after the finalization of the lawsuit. 

• Current Delaware Regulatory Language

·         Subpart N, as amended on October 1, 2000

·         Technical Support Document for October 1, 2001 Amendment

• Known Affected Sources