7.1 Applicability.

7.1.1 The provisions of 8.0 of this regulation apply to all new and existing industrial process cooling towers (IPCTs) that are operated with chromium-based water treatment chemicals on or after September 8, 1994, and are either major sources or are integral parts of facilities that are major sources as defined in 8.2 of this regulation.

7.1.2 Owners or operators of affected sources subject to the provisions of 7.0 of this regulation must also comply with the requirements of 3.0 of this regulation, according to the applicability of 3.0 to such sources, as identified in Table 7-1 of this regulation.

7.2 Definitions.

Unless defined below, all terms in 7.0 of this regulation have the meanings given them in the Act, or in 3.0 of this regulation.

“Chromium-based water treatment chemicals” means any combination of chemical substances containing chromium used to treat water.

“Commenced” means, with respect to construction or reconstruction of an IPCT, that an owner or operator has undertaken a continuous program of construction or reconstruction or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or reconstruction.

“Compliance date” means the date by which an affected IPCT is required to be in compliance with 7.0 of this regulation.

“Construction” means the on-site fabrication, erection, or installation of an IPCT.

“Cooling tower” means an open water recirculating device that uses fans or natural draft to draw or force ambient air through the device to cool warm water by direct contact.

“Existing IPCT” means any affected IPCT that is not a new IPCT.

“Industrial process cooling tower”, also written as “IPCT”, means any cooling tower that is used to remove heat that is produced as an input or output of a chemical or industrial process, as well as any cooling tower that cools industrial processes in combination with any heating, ventilation, or air conditioning system.

“Initial startup” means the initiation of recirculation water flow within the cooling tower.

“Major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants.

“New IPCT” means any affected IPCT the construction or reconstruction of which commenced after August 12, 1993.

“Owner or operator” means any person who owns, leases, operates, controls, or supervises an IPCT.

“Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable.

“Reconstruction” means the replacement of components of an affected or a previously unaffected IPCT to such an extent that the fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable new IPCT.

“Responsible official” means one of the following:

• For a corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities and either:

• The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars) or

• The delegation of authority to such representative is approved in advance by the Department.

• For a partnership or sole proprietorship: a general partner or the proprietor, respectively.

• For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this regulation, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the EPA).

• For affected sources (as defined in this regulation) applying for or subject to a Title V permit: “responsible official” shall have the same meaning as defined in 7 DE Admin. Code 1130 of the State of Delaware “Regulations Governing the Control of Air Pollution.”

“Water treatment chemicals” means any combination of chemical substances used to treat water in cooling towers, including corrosion inhibitors, antiscalants, dispersants, and any other chemical substances used to treat water.

7.3 Standard.

No owner or operator of an IPCT shall use chromium-based water treatment chemicals in any affected IPCT.

7.4 Compliance dates.

The requirements of 6.3 of this regulation shall be applied on the following schedule:

7.4.1 For existing IPCTs, the compliance date shall be May 11, 1998.

7.4.2 For new IPCTs that have an initial startup before September 8, 1994, the compliance date shall be May 11, 1998.

7.4.3 For new IPCTs that have an initial startup on or after September 8, 1994, the compliance date shall be May 11, 1998 or the date of the initial startup, whichever is later.

7.5 Compliance demonstrations.

No routine monitoring, sampling, or analysis is required. In accordance with Section 114 of the Act, the Administrator can require cooling water sample analysis of an IPCT if there is information to indicate that the IPCT is not in compliance with the requirements of 6.3 of this regulation. In accordance with 7 DE Admin. Code 1117 of the State of Delaware “Regulations Governing the Control of Air Pollution”, the Department can require cooling water sample analysis of an IPCT to indicate that the IPCT is not in compliance with the requirements of 6.3 of this regulation. If cooling water sample analysis is required:

7.5.1 The water sample analysis shall be conducted in accordance with Method 7196, Chromium, Hexavalent (Colorimetric), contained in the Third Edition of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, (November 1986) and its Revision I, (December 1987), which are available for the cost of $110.00 from the Government Printing Office, Superintendent of Documents, Washington, DC 20402, (202) 783-3238 (document number 955-001-00000-1; or Method 3500-Cr D, Colorimetric Method, contained in the 18th Edition of “Standard Methods for the Examination of Water and Wastewater” (1992), which is available from the American Public Health Association, 1015 15th Street, NW., Washington, DC 20005. These methods were approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected as a part of Docket A-91-65, located at the Air and Radiation Docket and Information Center, Room M1500, EPA Central Docket Section, 401 M Street, SW., Washington, DC. Copies may be inspected at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.

7.5.2 On or after three months after the compliance date, a cooling water sample residual hexavalent chromium concentration in excess of 0.5 parts per million by weight shall indicate a violation of 6.3 of this regulation.

7.6 Notification requirements.

7.6.1 Initial notification.

7.6.1.1 In accordance with 3.9.2 of this regulation, owners or operators of all affected IPCTs that have an initial startup before September 8, 1994, shall notify the Department in writing. The notification, which shall be submitted not later than May 11, 1998, shall provide the following information:

7.6.1.1.1 The name and address of the IPCT owner or operator;

7.6.1.1.2 The address (i.e., physical location) of the affected IPCT;

7.6.1.1.3 A statement that the notification is being submitted as required by 7.0 of this regulation; and

7.6.1.1.4 A description of the type of water treatment program used in the affected IPCT, including the chemical name of each corrosion inhibitor ingredient used; the average concentration of those corrosion inhibitor ingredients maintained in the cooling water; and the material safety data sheet for each water treatment chemical or chemical compound used in the IPCT.

7.6.1.2 In accordance with 3.9.2 of this regulation, owners or operators of all affected IPCTs that have an initial startup on or after September 8, 1994, shall notify the Department in writing that the source is subject to the relevant standard no later than May 11, 1998 or 12 months after initial startup, whichever is later. The notification shall provide all the information required in 7.6.1.1.1 through 7.6.1.1.4 of this regulation.

7.6.2 Notification of compliance status.

7.6.2.1 In accordance with 3.9.8 of this regulation, owners or operators of affected IPCTs shall submit to the Department a notification of compliance status by May 11, 1998.

7.6.2.2 The notification of compliance status must:

7.6.2.2.1 Be signed by a responsible official who also certifies the accuracy of the report;

7.6.2.2.2 Certify that source has complied with 7.3 of this regulation; and

7.6.2.2.3 Include the information required in 7.6.1.1.4 of this egulation.

7.6.2.2.4 Include the following statement:

I certify that no chromium-based water treatment chemicals have been introduced since (insert the initial compliance date) into any IPCT located within the facility for any purpose.

7.7 Recordkeeping and reporting requirements.

To demonstrate continuing compliance with 7.3 of this regulation, the owner or operator of each affected IPCT shall maintain copies of the initial notification and the notification of compliance status as required by 6.6 of this regulation for a period of at least five years onsite.