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Delaware > Department of Natural Resources and Environmental Control > Division of Air and Waste Management > 7 DE Admin. Code 1124
Statutory Authority: 7 Delaware Code, Chapter 60; (7 Del.C., Ch. 60)
7 DE Admin. Code 1124
Secretary's Order No.: 2010-A-0030
7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions: Section 11.0, "Mobile Equipment Repair and Refinishing"
Date of Issuance: September 17, 2010
Effective Date of the Amendment: October 11, 2010
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") the following findings, reasons and conclusions are entered as an Order of the Secretary in the above-referenced rulemaking proceeding.
Background and Procedural History
This Order considers proposed regulation amendments to 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions: Section 11.0, "Mobile Equipment Repair and Refinishing". The purpose of these proposed amendments is to conform to a new model rule developed by the Ozone Transport Commission (OTC). The other OTC states are in the process of adopting a similar regulation. This proposed revision to Delaware's existing Regulation No. 1124 reduces the volatile organic compound (VOC) contents of currently regulated coatings, regulates additional coating categories, requires the use of coating application equipment that provides for high transfer efficiency, and requires that surface cleaning solvent contain no more than 25 grams of VOC per liter. The Department's Division of Air Quality commenced the regulatory development process with Start Action Notice 2009-34. The Department published the proposed regulatory amendments in the May 1, 2010 Delaware Register of Regulations and held a public hearing on June 10, 2010. The Department's presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer's Report dated September 9, 2010 (Report). The Report recommends certain findings and the adoption of the proposed Amendments as attached to the Report as Appendix A.
Findings and Discussion
I find that the proposed Amendments are well-supported by the record developed by the Department, and
adopt the Report to the extent it is consistent with this Order. The Department's experts developed the record and drafted the proposed Amendments. The Department received public comments, as noted in the Report, and considered and responded to all timely and relevant public comments in making its determination.
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I find that the Department's experts in the Division of Air Quality fully developed the record to support adoption of these Amendments. With the adoption of these regulatory amendments, Delaware will conform to a new model rule developed by the Ozone Transport Commission (OTC), and will mirror the other OTC states who are in the process of adopting similar regulations as well.
In conclusion, the following findings and conclusions are entered:
1.) The Department has jurisdiction under its statutory authority to issue an Order adopting these proposed Amendments as final;
2.) The Department provided adequate public notice of the proposed Amendments, and provided the public with an adequate opportunity to comment on the proposed Amendments, including at a public hearing;
3.) The Department held a public hearing on June 10, 2010 on the proposed Amendments in order to consider public comments before making any final decision, and fully considered and responded to all timely and relevant comments received from the regulated community concerning this matter;
4) The Department's Hearing Officer's Report, including its recommended record and the recommended Amendments as set forth in Appendix A, are adopted to provide additional reasons and findings for this Order;
5.) The recommended Amendments do not reflect any substantive changes from the proposed regulation Amendments as published in the May 1, 2010, Delaware Register of Regulations;
6.) The recommended Amendments should be adopted as final regulation Amendments because (1) Delaware will be enabled to conform to a new model rule developed by the Ozone Transport Commission (OTC); (2) the Department's revisions to Section 11.0 of 7 DE Admin. Code 1124 will reduce the volatile organic compound (VOC) contents of currently regulated coatings, regulate additional coating categories, require the use of coating application equipment that provides for high transfer efficiency, and require that surface cleaning solvent contain no more than 25 grams of VOC per liter; and (3) the regulation amendments are well supported by documents in the record; and that
7.) The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
Collin P. O'Mara, Secretary
1124 Control of Volatile Organic Compound Emissions
*Please Note: Due to the size of the proposed regulation, it is not being published here. A copy of the regulation is available at: 1124 Control of Volatile Organic Compound Emissions
DIVISION OF AIR AND WASTE MANAGEMENT
Statutory Authority: 7 Delaware Code, Chapter 60; (7 Del.C., Ch. 60)
7 DE Admin. Code 1138
Secretary's Order No.: 2010-A-0028 and 2010-A-0029
1138 Emission Standards for Hazardous Air Pollutants for Source Categories
Date of Issuance: September 17, 2010
Effective Date of the Amendment: October 11, 2010
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") the following findings, reasons and conclusions are entered as an Order of the Secretary in the above-referenced rulemaking proceeding.
FINAL REGULATIONS
DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010
321
Background and Procedural History
This Order considers the proposed regulatory amendment to 7 DE Admin. Code 1138, Emission Standards for Hazardous Air Pollutants for Source Categories, Section 13.0, "Area Source Methylene Chloride Paint Stripping Operations" and Section 15.0, "Area Source Motor Vehicle or Mobile Equipment Surface Coating Operations". The proposed new Section 13.0 will affect facilities that perform paint stripping operations using chemical strippers that contain methylene chloride. The proposed new Section 15.0 will affect motor vehicle (auto-body shops) or mobile equipment surface coating operations that spray-apply coatings which contain any compounds of cadmium, chromium, lead, manganese or nickel.
This proposed new section is based upon a federal rule that the U.S. Environmental Protection Agency (EPA) promulgated at 40 CFR Part 63, Subpart HHHHHH as well as existing requirements in similar area source standards found throughout Regulation 1138. It should be noted that this proposed amendment does not apply to non-motor vehicle or non-mobile equipment surface coating operations, as the Department addressed these sources with the adoption of Section 14 of Regulation 1138 in april 2010. The purpose of this proposed regulatory action is to provide increased protection for Delaware citizens against potential adverse health effects linked to a long-term exposure to methylene chloride. Additionally, methylene chloride is classified as probable human carcinogens by the EPA.
The Department's Division of Air Quality (DAQ) commenced the regulatory development process with Start Action Notices 2009-08 and 2009-17. The Department published the proposed regulatory amendment in the May 1, 2010 Delaware Register of Regulation and held a public hearing on June 10, 2010. The Department's presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer's Report dated September 9, 2010 (Report). The Report recommends certain findings and the adoption of the proposed Amendment as attached to the Report as Appendix A.
Findings and Discussion
I find that the proposed Amendment is well-supported by the record developed by the Department, and adopt the Report to the extent it is consistent with this Order. The Department's expert developed the record and drafted the proposed Amendment. Throughout the entire regulatory development process regarding this promulgation, the Department received public comments from the regulated community, as noted in the Report, and considered and responded to all timely and relevant public comments in making its determination. I find that the Department's DAQ expert fully developed the record to support adoption of this Amendment. With the adoption of the regulation amendment to 7 DE Admin. Code 1138, Emission Standards for Hazardous Air Pollutants for Source Categories, Section 13.0, "Area Source Methylene Chloride Paint Stripping Operations" and Section 15.0, "Area source Motor Vehicle or Mobile Equipment Surface Coating Operations", Delaware will be able to mirror the recently issued federal rule promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Part 63, Subpart HHHHHH and provide increased protection for Delaware citizens against potential adverse health effects linked to a long-term exposure to methylene chloride, cadmium, chromium, lead, manganese, or nickel compounds, which are classified as a probable human carcinogens by the EPA.
In conclusion, the following findings and conclusions are entered:
1.) The Department has jurisdiction under its statutory authority to issue an Order adopting this proposed Amendment as final;
2.) The Department provided adequate public notice of the proposed Amendment, and provided the public with an adequate opportunity to comment on the proposed Amendment, including at a public hearing;
3.) The Department held a public hearing on June 10, 2010 on the proposed Amendment in order to consider public comments before making any final decision, and fully considered and responded to all timely and relevant comments received from the regulated community concerning this matter;
4) The Department's Hearing Officer's Report, including its recommended record and the recommended Amendment as set forth in Appendix A, are adopted to provide additional reasons and findings for this Order;
5.) The recommended Amendment does not reflect any substantive change from the proposed regulation Amendment as published in the May 1, 2010, Delaware Register of Regulations;
FINAL REGULATIONS
DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010
322
6.) The recommended Amendment should be adopted as final regulation Amendment because Delaware will then be enabled to (1) mirror the recently issued federal rule promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Part 63, Subpart HHHHHH; and (2) provide increased protection for Delaware citizens against potential adverse health effects linked to a long-term exposure to methylene chloride, cadmium, chromium, lead, manganese, or nickel compounds, which are classified as a probable human carcinogen by the EPA. Moreover, the regulation amendment is well supported by documents in the record; and
7.) The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate. |
