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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2018

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7 DE Admin. Code 1123
1123 Standards of Performance for Steel Plants: Electric Arc Furnaces
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") pursuant to 7 Del.C. §§6006 and 6010, and the following findings of fact based on the record, reasons and conclusions are entered as an Order of the Secretary in the above-referenced regulatory proceeding.
This Order relates to the proposed regulation repeal of 7 DE Admin. Code 1123, Standards of Performance for Steel Plants: Electric Arc Furnaces. The Department's Division of Air Quality is proposing the aforementioned repeal pursuant to 29 Del.C. §10407, which directs all State of Delaware executive branch agencies to conduct a periodic review of regulations promulgated by such agency to determine which regulations, if any, should be modified or eliminated. The current regulatory review process commenced on January 1, 2016, at which time the Department performed a focused review of its existing, older regulations, with the purpose to identify and remove regulatory hurdles, and modernize and streamline any regulations that may be outdated or unnecessarily burdensome, while maintaining the state's commitment to improving public health and environmental performance.
The Department is proposing to repeal 7 DE Admin. Code 1123, Standards of Performance for Steel Plants: Electric Arc Furnaces, as this regulation applies to electric arc furnaces in steel plants. Currently, there is no source in Delaware to which this regulation applies, and other more restrictive State and Federal requirements would apply should a new electric arc furnace be constructed here in Delaware in the future.
The Department's Division of Air Quality commenced the regulatory development process with Start Action Notice #2017-07 (July 3, 2017). The Department published its proposed regulation repeal in the October 1, 2017 Delaware Register of Regulations. The Department then held a public hearing on October 25, 2017. Members of the public attended that hearing, however, no comment was received by the Department at that time. Consistent with 29 Del.C. §10118(a), the public hearing record remained open for public comment through November 10, 2017. No comment was received from the public during the post-hearing phase of this promulgation.
Based on the record developed by the Department's experts and established by the Hearing Officer's Report, I find that the proposed regulatory repeal of 7 DE Admin. Code 1123, Standards of Performance for Steel Plants: Electric Arc Furnaces, is well­ supported. Therefore, the recommendations of the Hearing Officer are hereby adopted, and I direct that the proposed regulatory repeal be promulgated as final.
1. The Department has the statutory basis and legal authority to act with regard to the proposed repeal of 7 DE Admin. Code 1123, Standards of Performance for Steel Plants: Electric Arc Furnaces, pursuant to 7 Del.C. Ch. 60;
2. The Department has jurisdiction under its statutory authority, pursuant to 7 Del.C. Ch. 60, to issue an Order adopting this proposed regulatory repeal as final;
4. Promulgation of the proposed regulatory repeal of 7 DE Admin. Code 1123, Standards of Performance for Steel Plants: Electric Arc Furnaces will enable the Department to eliminate this antiquated regulation. Currently, there is no source in Delaware to which this regulation applies, and other more restrictive State and Federal requirements would apply should a new electric arc furnace be constructed here in Delaware in the future;
5. The Department has reviewed this proposed regulatory repeal in light of the Regulatory Flexibility Act, consistent with 29 Del.C. Ch. 104, and has selected Exemption "A" regarding same, as this proposed regulation repeal will not apply to small businesses or individuals at all;
7. The Department's proposed regulatory repeal, as published in the October 1, 2017 Delaware Register of Regulations, and as set forth in Appendix "A" as noted above, is adequately supported, is not arbitrary or capricious, and is consistent with the applicable laws and regulations. Consequently, it is approved as a final regulatory repeal, which shall go into effect ten days after its publication in the next available issue of the Delaware Register of Regulations; and
8. The Department shall submit this Order approving as final the proposed repeal of 7 DE Admin. Code 1123, Standards of Performance for Steel Plants: Electric Arc Furnaces, 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.
1123 Standards of Performance for Steel Plants: Electric Arc Furnaces
Capture system” means the equipment (including ducts, hoods, fans, dampers, etc.) used to capture or transport particulate matter generated by an EAF to the air pollution control device.
Charge” means the addition of iron and steel scrap or other materials into the top of an electric arc furnace.
Charging period” means the time period commencing at the moment an EAF starts to open and ending either three minutes after the EAF roof is returned to its closed position or six minutes after commencement of opening of the roof, whichever is longer.
Control device” means the air pollution control equipment used to remove particulate matter generated by an EAF from the effluent gas stream.
Direct shell evacuation system” means any system that maintains a negative pressure within the EAF above the slag or metal and ducts these emissions to the control device.
Dust-handling equipment” means any equipment used to handle particulate matter collected by the control device and located at or near the control device for an EAF subject to this regulation.
Electric arc furnace (EAF)” means any furnace that produces molten steel and heats the charge materials with electric arcs from carbon electrodes. Furnaces from which the molten steel is cast into the shape of finished products, such as in foundry, are not applicable facilities included within the scope of this definition. Furnaces which, as the primary source of iron, continuously feed prereduced ore pellets are not applicable facilities within the scope of this definition.
Heat time” means the period commencing when scrap is charged to an empty EAF and terminating when the EAF tap is completed.
Meltdown and refining” means that phase of the steel production cycle when charge material is melted and undesirable elements are removed from the metal.
Meltdown and refining period” means the time period commencing at the termination of the initial charging period and ending at the initiation of the tapping period, excluding any intermediate charging periods.
Shop opacity” means the arithmetic average of 24 or more opacity observations of emissions from the shop taken from the applicable time periods in accordance with Method 9 set forth in Appendix A, 40 CFR Part 60, revised July 1, 1975. All sections of Method 9 not previously adopted are hereby adopted by reference.
Shop” means the building which houses one or more EAFs.
Tap” means the pouring of molten steel from an EAF.
Tapping period” means the time period commencing at the moment an EAF begins to tilt to pour and ending either three minutes after an EAF returns to an upright position or six minutes after commencing to tilt, whichever is longer.
Last Updated: December 31 1969 19:00:00.
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