7 Del. Admin. Code § 1138-7.0
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.
No owner or operator of an IPCT shall use chromium-based water treatment chemicals in any affected IPCT.
The requirements of 6.3 of this regulation shall be applied on the following schedule:
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:
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.
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.
Table 7-1 - Applicability of 3.0 to 7.0 of this Regulation
| General Provision Reference | Applies to 7.0 | Comment |
| 3.1 | Yes | |
| 3.2 | Yes | |
| 3.3 | No | |
| 3.4 | Yes | |
| 3.5 | No | |
| 3.6.1-3.6.3 | Yes | |
| 3.6.4-3.6.9 | No | |
| 3.6.10 | Yes | |
| 3.7 | No | |
| 3.8 | No | |
| 3.9.1-3.9.2.1 | Yes | |
| 3.9.2.2 | No | Requirements for initial notifications and notifications of compliance status are specified in 7.6.1 and 7.6.2, respectively, of 7.0; other provisions of 3.0 are not relevant to IPCTs. |
| 3.9.2.3 | Yes | |
| 3.9.2.4-3.9.2.5 | No | Requirements for initial notifications and notifications of compliance status are specified in 7.6.1 and 7.6.2, respectively, of 7.0; other provisions of 3.0 are not relevant to IPCTs. |
| 3.9.3 | Yes | |
| 3.9.4-3.9.7 | No | Requirements for initial notifications and notifications of compliance status are specified in 7.6.1 and 7.6.2, respectively, of 7.0; other provisions of 3.0 are not relevant to IPCTs. |
| 3.9.8.1 | Yes | |
| 3.9.8.2 | No | Requirements for initial notifications and notifications of compliance status are specified in 7.6.1 and 7.6.2, respectively, of 7.0; other provisions of 3.0 are not relevant to IPCTs. |
| 3.9.8.3 | Yes | |
| 3.9.8.4-3.9.8.5 | No | Requirements for initial notifications and notifications of compliance status are specified in 7.6.1 and 7.6.2, respectively, of 7.0; other provisions of 3.0 are not relevant to IPCTs. |
| 3.9.8.6-3.9.10 | Yes | |
| 3.10.1-3.10.2.1 | Yes | 7.7 requires an onsite record retention of five years. |
| 3.10.2.2.1-3.10.2.2.11 | No | |
| 3.10.2.2.12 | Yes | 7.7 requires an onsite record retention of five years. |
| 3.10.2.2.13 | No | |
| 3.10.2.2.14-3.10.2.3 | Yes | 7.7 requires an onsite record retention of five years. |
| 3.10.3 | No | |
| 3.10.4 | Yes | |
| 3.10.5 | No | |
| 3.10.6 | Yes | |
| 3.11 | No | |
| 3.12-3.15 | Yes |
7 Del. Admin. Code § 1138-7.0