The DNREC Division of Air Quality will conduct a virtual public hearing (Docket #2019-R-A-0029) on proposed amendments to the regulations governing Solvent Cleaning and Drying (7 DE Admin. Code 1124, Section 33.0). Public comment period closed.

The Division of Air Quality is proposing to update control requirements in 7 DE Admin. Code 1124 based upon a 2012 Ozone Transport Commission model rule. The proposed amendments are mainly related to cold cleaning machines and include:

1. Eliminating the exemptions for cold cleaning machines containing less than one liter of solvent and five weight percent volatile organic compound (VOC),
2. Allowing cold cleaning machines to be heated to below boiling,
3. Reducing the solvent VOC concentration from 100 percent to 25 grams per liter for most applications, and
4. Allowing higher VOC concentrations to be used in conjunction with a VOC capture and control device.

These amendments will reduce emissions of VOC from solvent cleaning operations, thus reducing the formation of ground-level ozone. Delaware also will submit the amendments to EPA as a State Implementation Plan revision.

The proposed amendments may be inspected online starting November 1, 2020 at regulations.delaware.gov/services/current_issue.shtml, or in-person, by appointment only, by contacting Renae Held by phone at 302-739-9402 or by email at renae.held@delaware.gov.

Those wishing to offer verbal comments during DNREC public hearings must pre-register no later than noon of the date of the virtual hearing at de.gov/dnreccomments or by telephone at 302-739-9295.

The Department will accept public comment through the close of business on Thursday, Dec. 17, 2020. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address below.

Public Hearing Officer

Theresa Newman
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report

Secretary’s Order No. 2021-A-0017 — Approving Final Regulations to Amend 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, Section 33- Solvent Cleaning and Drying (Effective Date: Aug. 11, 2021)

DNREC Exhibits

Exhibit 1: The current Regulation 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, Section 33.0 “Solvent Cleaning and Drying,” amended November 1, 2001.

Exhibit 2: The Start Action Notice 2019-05, signed by the Department of Natural Resources and Environmental Control Secretary, June 18, 2019.

Exhibit 3: The “Technical Support Document” for the proposed amendments to 7 DE Admin. Code 1124, Section 33.0 “Solvent Cleaning and Drying,” dated December 2020.

Exhibit 4: “OTC Model Rule for Solvent Degreasing 2012,” the Ozone Transport Commission (OTC).

Exhibit 5: “OTC Model Regulations for Nitrogen Oxides (NOx) and Photo-reactive Volatile Organic Compounds (VOCs), Technical Support Document” The Ozone Transport Commission, dated March 16, 2011 – Revised August 25, 2016.

Exhibit 6: Rule 1122 “Solvent Degreasing,” The California South Coast Air Quality Management District, amended May 1, 2009.

Exhibit 7: Rule 1171 “Solvent Cleaning Operations,” The California South Coast Air Quality Management District, amended May 1, 2009.

Exhibit 8: Regulation 8 – “Organic Compounds” and Rule 16 – “Solvent Cleaning Operations,” The California Bay Area Air Quality Management District, amended October 16, 2002.

Exhibit 9: “Staff Report, Proposed Amendments to BAAQMD Regulation 8, Rule 16: Solvent Cleaning Operations,” The California Bay Area, Air Quality Management District; M. K. Carol Lee, P.E.; dated September 2002.

Exhibit 10: “Control Techniques Guidelines: Industrial Cleaning Solvents,” The Environmental Protection Agency, EPA 453/R-06-001, September 2006.

Exhibit 11: The Pechan Associates report “Control Measure Development Support Analysis of Ozone Transport Commission Model Rules,” dated March 31, 2001.

Exhibit 12: “Switching to Water-Based Cleaners in Repair and Maintenance Parts Cleaning,” Institute for Research and Technical Assistance Pollution Control Center, dated February 1999.

Exhibit 13: “Alternative Low-VOC, Low Toxicity Cleanup Solvents for the Screen Printing Industry,” Mike Morris and Katy Wolf, Institute for Research and Technical Assistance, dated April 2005.

Exhibit 14: “Assessment, Development and Demonstration of Low-VOC Cleaning Systems for the South Coast Air Quality Management District Rule 1171,” Mike Morris and Katy Wolf, Institute for Research and Technical Assistance, dated August 2003.

Exhibit 15: “Tert-Butyl Acetate: Safer Alternatives in Cleaning and Thinning Applications,” Katy Wolf, Institute for Research and Technical Assistance, dated March 2007.

Exhibit 16: “Final Environmental Assessment for: Proposed Amended Rule 1122- Solvent Degreasers,” California South Coast Air Quality Management District, Michael Krause, dated November 7, 2002.

Exhibit 17: “Case Studies in Aqueous Parts Cleaning – Best Environmental Practices for Auto Repair Shops,” dated November 2001.

Exhibit 18: The current Regulation 7 DE Admin. Code 1101, Definitions and Administrative Principles, amended January 1, 2019.

Exhibit 19: The current Regulation 7 DE Admin. Code 1102, Permits, amended January 1, 2019.

Exhibit 20: The current Regulation 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, amended July 1, 2020.

Exhibit 21: The current Regulation 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, Appendices, amended, September 1, 2008.

Exhibit 22: The current Regulation 7 DE Admin. Code 1138, Emission Standards for Hazardous Air Pollutants for Source Categories, Section 8.0 “Emission Standards for Halogenated HAP Solvent Cleaning,” amended December 1, 2011.

Exhibit 23: The current Regulation 7 DE Admin. Code 1141, Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products, amended December 1, 2016.

Exhibit 24: The Interested Persons List for the proposed amendments to 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, Section 33.0 “Solvent Cleaning and Drying.”

Exhibit 25: The presentation for the meeting with the Delaware Automotive Service Professionals, regarding the draft amendments to 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, Section 33.0 “Solvent Cleaning and Drying,” September 26, 2019.

Exhibit 26: The signup sheet for attendees at the meeting with Delaware Automotive Service Professionals, September 26, 2019.

Exhibit 27: Public Workshop invitation letter and mailing list for the January 28, and January 30, 2020 Workshops.

Exhibit 28: The State of Delaware Public Meeting Calendar Announcement for the Public Workshops.

Exhibit 29: Public Workshop presentation on January 28, and January 30, 2020.

Exhibit 30: The signup sheets for attendees at Public Workshops for the January 28, and January 30 Workshops.

Exhibit 31: The draft regulation for 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, Section 33.0 “Solvent Cleaning and Drying,” presented at the January 28, and January 30, 2020 Public Workshops.

Exhibit 32: Public comment letters received between January 8, 2020 and February 19, 2020 for the draft regulation for 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, Section 33.0 “Solvent Cleaning and Drying.”

Exhibit 33: The first Legal Notice announcing the virtual Public Hearing as sent to the Delaware State News and News Journal for publication in their Sunday October 25, 2020 editions.

Exhibit 34: The affidavit and public hearing legal notice as it appeared in the October 25, 2020 News Journal that advertised the public hearing.

Exhibit 35: The affidavit and public hearing notice as it appeared in the October 25, 2020 Delaware State News that advertised the public hearing.

Exhibit 36: The second Legal Notice, revised due to an error in the event code in the first Legal Notice, announcing the virtual Public Hearing as sent to the Delaware State News and News Journal for publication in their Sunday November 1, 2020 editions.

Exhibit 37: The affidavit and public hearing legal notice as it appeared in the November 1, 2020 News Journal that advertised the public hearing.

Exhibit 38: The affidavit and public hearing notice as it appeared in the November 1, 2020 Delaware State News that advertised the public hearing.

Exhibit 39: The notice announcing the virtual Public Hearing, as shown on the Department of Natural Resources and Environmental Control Public hearing website.

Exhibit 40: The notice announcing the virtual Public Hearing, as shown on the Delaware Public Meeting calendar.

Exhibit 41: The Register Notice for 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, Section 33.0 “Solvent Cleaning and Drying” as shown in the November 1, 2020 issue of the Delaware Register of Regulations.

Exhibit 42: The proposed amendments to 7 DE Admin. Code 1124, Section 33.0 “Solvent Cleaning and Drying,” as shown in the November 1, 2020 issue of the Delaware Register of Regulations.

Exhibit 43: The Regulatory Flexibility Analysis and Impact Statement for the proposed amendments to 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, Section 33.0 “Solvent Cleaning and Drying,” as published in the November 1, 2020 Delaware Register of Regulations.

Exhibit 44: The corrected Regulatory Flexibility Analysis form, revised due to typo in the form, as published in the Delaware Register of Regulations, dated November 5, 2020.

Exhibit 45: Errata table for non-substantive changes to the proposed amendments to 7 DE Admin. Code 1124, Section 33.0 “Solvent Cleaning and Drying” which will be corrected in the final amended regulation.

Exhibit 46: The “Declaration of a State of Emergency for the State of Delaware Due to A Public Health Threat,” as issued by Delaware Governor John Carney on March 12, 2020.

Exhibit 47: A proclamation by Governor John Carney, dated March 13, 2020, authorizing all meetings of public bodies to be conducted electronically until further notice.

Exhibit 48: The Press Release issued by the Department of Natural Resources and Environmental Control on March 17, 2020, announcing “changes to operations due to COVID-19,” to include a notice that “hearings for permits, regulations and appeals are being moved to phone or video for public access.”

Exhibit 49: A copy of the Department of Natural Resources and Environmental Control’s website discussing updates to services related to COVID-19, as published on March 19, 2020. This website also announced that all Department public hearings will be virtual until further notice.

Exhibit 50: The Press Release issued by the Department of Natural Resources and Environmental Control on March 20, 2020, stating that “Public hearings will be available via phone or video conference” and that “The public will be able to submit comments about the subject of each hearing via email, online form, or regular mail.”

Exhibit 51: Virtual Public Hearing Presentation, December 2, 2020.

Public Comments

Maggie Tenant, Safety-Kleen (12/15/20)