National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations, 14126-14151 [E8-4974]
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Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2005–0084; FRL–8541–9]
RIN 2060–AM37
National Emission Standards for
Hazardous Air Pollutants: Area Source
Standards for Plating and Polishing
Operations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
SUMMARY: EPA is proposing national
emission standards for control of
hazardous air pollutants (HAP) for the
plating and polishing area source
category. This rule proposes emission
standards in the form of management
practices for new and existing tanks,
thermal spraying equipment, and
mechanical polishing equipment in
certain plating and polishing processes.
These proposed standards reflect EPA’s
determination regarding the generally
achievable control technology (GACT)
and/or management practices for the
area source category.
DATES: Comments must be received on
or before April 14, 2008, unless a public
hearing is requested by March 24, 2008.
If a hearing is requested on this
proposed rule, written comments must
be received by April 28, 2008. Under the
Paperwork Reduction Act, comments on
the information collection provisions
must be received by OMB on or before
April 14, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2005–0084, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-Docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: NESHAP: Area Source
Standards for Plating and Polishing
Operations Docket, Environmental
Protection Agency, Air and Radiation
Docket and Information Center,
Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Please include a total of two copies. In
addition, please mail a copy of your
comments on the information collection
provisions to the Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB), Attn:
Desk Officer for EPA, 725 17th St., NW.,
Washington, DC 20503.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA West, Room
3334, 1301 Constitution Ave., NW.,
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Washington, DC 20460. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2005–
0084. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the ‘‘NESHAP for Plating and Polishing
Area Sources’’ Docket, at the EPA
Docket and Information Center, EPA
West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
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(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: Dr.
Donna Lee Jones, Sector Policies and
Programs Division, Office of Air Quality
Planning and Standards (D243–02),
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, telephone number: (919) 541–
5251; fax number: (919) 541–3207; email address: jones.donnalee@epa.gov.
SUPPLEMENTARY INFORMATION:
Outline. The information in this
preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my
comments to EPA?
C. Where can I get a copy of this
document?
D. When would a public hearing occur?
II. Background Information for Proposed Area
Source Standards
A. What is the statutory authority and
regulatory approach for the proposed
standards?
B. What source category is affected by the
proposed standards?
C. How did we gather information for this
proposed rule?
D. What is the industry profile?
E. What are the production processes,
emissions sources, and available
controls?
III. Summary of Proposed Standards
A. Do the proposed standards apply to my
source?
B. When do I comply with the proposed
standards?
C. What emissions control requirements is
EPA proposing?
D. What are the initial compliance
provisions?
E. What are the continuous compliance
provisions?
F. What are the notification, recordkeeping,
and reporting requirements?
IV. Rationale for Selecting this Proposed
Standards
A. How did we select the source category?
B. How did we select the affected sources?
C. How did we subcategorize plating and
polishing processes?
D. How was GACT determined?
E. How did we select the compliance
requirements?
F. How did we decide to exempt this area
source category from title V permit
requirements?
V. Impacts of the Proposed Standards
A. What are the air impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health,
environmental, and energy impacts?
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
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F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children from Environmental Health and
Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Category
NAICS code1
Industry ........
332813
Manufacturing
32, 33
1 North
I. General Information
A. Does this action apply to me?
The regulated category and entities
potentially affected by this proposed
action include:
Examples of regulated entities
Area source facilities engaged in any one or more types of nonchromium electroplating; electropolishing;
electroforming; electroless plating, including thermal metal spraying, chromate conversion coating, and coloring; or mechanical polishing of metals and formed products for the trade. Regulated sources do not include
chromium electroplating and chromium anodizing sources, as those sources are subject to 40 CFR part 63,
subpart N, ‘‘Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.’’
Area source establishments engaged in one or more types of nonchromium electroplating; electropolishing;
electroforming; electroless plating, including thermal metal spraying, chromate conversion coating, and coloring; or mechanical polishing of metals and formed products for the trade. Examples include: 33251, Hardware Manufacturing; 323111, Commercial Gravure Printing; 332116, Metal Stamping; 332722, Bolt, Nut,
Screw, Rivet, and Washer Manufacturing; 332811, Metal Heat Treating; 332812, Metal Coating, Engraving
(except Jewelry and Silverware), and Allied Services to Manufacturers; 332913, Plumbing Fixture Fitting and
Trim Manufacturing; Other Metal Valve and Pipe Fitting Manufacturing; 332999, All Other Miscellaneous Fabricated Metal Product Manufacturing; 334412, Bare Printed Circuit Board Manufacturing; 336412, Aircraft Engine and Engine Parts Manufacturing; and 339911, Jewelry (except Costume) Manufacturing.
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. To determine
whether your facility would be
regulated by this action, you should
examine the applicability criteria in 40
CFR 63.11475, ‘‘ Am I subject to this
subpart?’’ of subpart WWWWWW
(National Emission Standards for
Hazardous Air Pollutants (NESHAP):
Area Source Standards for Plating and
Polishing Operations). If you have any
questions regarding the applicability of
this action to a particular entity, consult
either the air permit authority for the
entity or your EPA regional
representative as listed in § 63.13 of the
General Provisions to part 63 (40 CFR
part 63, subpart A).
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Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
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B. What should I consider as I prepare
my comments to EPA?
Do not submit information containing
CBI to EPA through https://
www.regulations.gov or e-mail. Send or
deliver information identified as CBI
only to the following address: Roberto
Morales, OAQPS Document Control
Officer (C404–02), Environmental
Protection Agency, Office of Air Quality
Planning and Standards, Research
Triangle Park, North Carolina 27711,
Attention Docket ID EPA–HQ–OAR–
2005–0084. Clearly mark the part or all
of the information that you claim to be
CBI. For CBI information in a disk or CD
ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI
and then identify electronically within
the disk or CD ROM the specific
information that is claimed as CBI. In
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addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
C. Where can I get a copy of this
document?
In addition to being available in the
docket, an electronic copy of this
proposed action will also be available
on the Worldwide Web (WWW) through
EPA’s Technology Transfer Network
(TTN). A copy of this proposed action
will be posted on the TTN’s policy and
guidance page for newly proposed or
promulgated rules at the following
address: https://www.epa.gov/ttn/oarpg/.
The TTN provides information and
technology exchange in various areas of
air pollution control.
D. When would a public hearing occur?
If anyone contacts EPA requesting to
speak at a public hearing concerning
this proposed rule by March 24, 2008,
we will hold a public hearing on March
31, 2008. If you are interested in
attending the public hearing, contact
Ms. Pamela Garrett at (919) 541–7966 to
verify that a hearing will be held. If a
public hearing is held, it will be held at
10 a.m. at the EPA’s Environmental
Research Center Auditorium, Research
Triangle Park, NC, or an alternate site
nearby.
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II. Background Information for
Proposed Area Source Standards
A. What is the statutory authority and
regulatory approach for the proposed
standards?
Section 112(d) of the Clean Air Act
(CAA) requires us to establish NESHAP
for both major and area sources of HAP
that are listed for regulation under CAA
section 112(c). A major source emits or
has the potential to emit 10 tons per
year (tpy) or more of any single HAP or
25 tpy or more of any combination of
HAP. An area source is a stationary
source that is not a major source.
Section 112(k)(3)(B) of the CAA calls
for EPA to identify at least 30 HAP
which, as the result of emissions from
area sources, pose the greatest threat to
public health in the largest number of
urban areas. EPA implemented this
provision in 1999 in the Integrated
Urban Air Toxics Strategy (64 FR 38715,
July 19, 1999). Specifically, in the
Strategy, EPA identified 30 HAP that
pose the greatest potential health threat
in urban areas, and these HAP are
referred to as the ‘‘30 urban HAP.’’
Section 112(c)(3) requires EPA to list
sufficient categories or subcategories of
area sources to ensure that area sources
representing 90 percent of the emissions
of the 30 urban HAP are subject to
regulation. We implemented these
requirements through the Integrated
Urban Air Toxics Strategy (64 FR 38715,
July 19, 1999). A primary goal of the
Strategy is to achieve a 75 percent
reduction in cancer incidence
attributable to HAP emitted from
stationary sources.
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Under CAA section 112(d)(5), we may
elect to promulgate standards or
requirements for area sources ‘‘which
provide for the use of generally
available control technologies or
management practices by such sources
to reduce emissions of hazardous air
pollutants.’’ Additional information on
GACT is found in the Senate report on
the legislation (Senate Report Number
101–228, December 20, 1989), which
describes GACT as:
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* * * methods, practices and techniques
which are commercially available and
appropriate for application by the sources in
the category considering economic impacts
and the technical capabilities of the firms to
operate and maintain the emissions control
systems.
Consistent with the legislative history,
we can consider costs and economic
impacts in determining GACT, which is
particularly important when developing
regulations for source categories that
have many small businesses.
Determining what constitutes GACT
involves considering the control
technologies and management practices
that are generally available to the area
sources in the source category. We also
consider the standards applicable to
major sources in the same industrial
sector to determine if the control
technologies and management practices
are transferable and generally available
to area sources. In appropriate
circumstances, we may also consider
technologies and practices at area and
major sources in similar categories to
determine whether such technologies
and practices could be considered
generally available for the area source
category at issue. Finally, as we have
already noted, in determining GACT for
a particular area source category, we
consider the costs and economic
impacts of available control
technologies and management practices
on that category.
We are proposing these national
emission standards in response to a
court-ordered deadline that requires
EPA to issue standards for 11 source
categories listed pursuant to section
112(c)(3) and (k) by June 15, 2008
(Sierra Club v. Johnson, no. 01–1537,
D.D.C., March 2006). We have already
issued regulations addressing one of the
11 source categories. See regulations for
Wood Preserving (Federal Register, 72
(135), July 16, 2007.) Other rulemakings
will include standards for the remaining
source categories that are due in June
2008.
B. What area source category is affected
by the proposed standards?
The Plating and Polishing Area
Source Category includes any facility
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engaged in one or more of the following
operations or processes: electroplating
without chromium; electroforming;
electropolishing; electroless plating;
other non-electrolytic metal coating,
such as chromate conversion coating
and thermal spraying; and the
mechanical polishing of finished metals
and formed products after plating. Note
that facilities that are engaged in
chromium electroplating that also
perform any of the above plating and
polishing processes are included in the
Plating and Polishing Area Source
Category for these processes.
Plating and polishing facilities are
primarily classified under NAICS code
332813. However, plating and polishing
processes are also co-located at many
facilities that are classified under other
NAICS codes. Examples include NAICS
33251, Hardware Manufacturing;
323111, Commercial Gravure Printing;
332116, Metal Stamping; 332722, Bolt,
Nut, Screw, Rivet, and Washer
Manufacturing; 332811, Metal Heat
Treating; 332812, Metal Coating,
Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers; 332913, Plumbing
Fixture Fitting and Trim Manufacturing;
Other Metal Valve and Pipe Fitting
Manufacturing; 332999, All Other
Miscellaneous Fabricated Metal Product
Manufacturing; 334412, Bare Printed
Circuit Board Manufacturing; 336412,
Aircraft Engine and Engine Parts
Manufacturing; and 339911, Jewelry
(except Costume) Manufacturing.
We added plating and polishing
operations to the Integrated Urban Air
Toxics Strategy Area Source Category
List on June 26, 2002 (67 FR 43113). The
inclusion of this source category to the
section 112(c)(3) area source category
list is based on 1990 emissions data, as
EPA used 1990 as the baseline year for
that listing. EPA listed this source
category for regulation pursuant to
section 112(c)(3), based on emissions of
compounds of five HAP metals:
cadmium, chromium, lead, manganese,
and nickel. These five metal HAP
represent part of the 90 percent of those
urban HAP emissions in the 1990
inventory to be regulated, and are
hereafter referred to as ‘‘plating and
polishing metal HAP.’’ This source
category was also listed for emissions of
the organic HAP trichloroethylene
(TCE). Chlorinated solvents such as TCE
are used as degreasers in the plating
industry. We subsequently discovered
that the 1990 emissions data for TCE
was for plating facilities that used TCE
in degreasing operations, which are not
part of this source category. Rather,
these emission units at both major and
area sources are subject to standards for
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halogenated solvent cleaning under 40
CFR part 63, subpart T. Consequently,
we are not proposing standards for TCE
from plating and polishing facilities.
The plating and polishing source
category listed for TCE emissions
remains a listed source category
pursuant to section 112(c)(3) of this
part, and this proposed rule establishes
standards for emissions of plating and
polishing metal HAP. Therefore, we are
clarifying that we do not need plating
and polishing to meet the section
112(c)(3) 90 percent requirement
regarding area source emissions of TCE.
C. How did we gather information for
this proposed rule?
We gathered information for this
proposed rule from industry
representatives, trade associations,
technical experts, published literature,
the 2002 EPA National Emission
Inventory, and a 2006 EPA survey of the
industry that we performed specifically
for the plating and polishing area source
rule.
The EPA survey, also called
information collection requests (ICR),
was developed by EPA under the
authority of section 114 of the CAA. A
copy of the ICR questionnaire and the
responses can be found in the docket for
the Plating and Polishing Area Source
Rule (Docket Number EPA–HQ–OAR–
2005–0084).
The first version of the questionnaire
was sent out in November 2004 to nine
recipients; responses were received
from eight facilities. A Federal Register
Notice (FRN) was published in July
2005 (70 FR 43865, July 29, 2005)
requesting comment on a second,
improved questionnaire that was
revised based on comments received
from the first version. A second FRN
was published on October 26, 2005 (70
FR 61810) to announce that the
questionnaire had been submitted to the
OMB for approval. Approval was
received from OMB on February 23,
2006 (OMB 2060–0577, ICR 2186.01,
Form No. 7610–32). A total of 1,151
questionnaires were mailed on May 10,
2006; most responses were received by
July 31, 2006.
Potential recipients for the ICR were
identified from names and addresses of
facilities listed in several on-line
databases, company websites, and
information obtained from EPA
Regional offices and State and local
regulatory agencies. Through this
process a list of approximately 2,500
facilities was compiled that was later
reduced to 1,151 by eliminating plants
with incomplete mailing addresses or
plants that appeared to not belong to the
source category. From the 1,151 total
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ICR mailed, EPA received back 598
questionnaires. Adding these ICR to the
previous 8 surveys, the total number of
industry responses received by EPA was
606. Of this total, 120 were excluded
from the area source analysis because
either the information was not complete
(80 ICR) or because the facilities were
major sources that were not within the
plating and polishing area source
category (40 ICR).a The result was 486
surveys from area sources in the plating
and polishing source category.
In the 2006 EPA survey responses, no
facility was found to be a major source
for their plating and polishing
processes. There were 15 NESHAP (40
CFR part 63) that were reported to be
applicable to processes at the surveyed
facilities co-located with plating and
polishing processes. The most
frequently identified NESHAP included
‘‘Chromium Emissions from Hard and
Decorative Chromium Electroplating
and Chromium Anodizing Tanks’’
(subpart N) and ‘‘Halogenated Solvent
Cleaning’’ (subpart T). These NESHAP
(subparts N and T) apply to both major
and area sources. Of the 486 area source
plating and polishing facilities that
responded to the 2006 EPA survey,
approximately 250 have co-located area
source processes subject to one or both
of these two NESHAP.
The results of the survey analyses can
be found in a memorandum for the
Plating and Polishing Area Source Rule.
(See Docket No. EPA–HQ–OAR–2005–
0084.)
D. What is the industry profile?
Based on 2002 U.S. Census data and
the 2006 EPA survey of the industry, we
estimate that 2,900 plating and
polishing area source facilities are
currently operating in the U.S.
Independent estimates by the industry
trade association confirm our estimate.
The estimate includes several plating
and polishing area sources that are
captive facilities (i.e., co-located at
manufacturing and other facilities
engaged primarily in other operations).
See section I(A) above, ‘‘Does this action
apply to me?’’ for examples of some of
these operations.
The 2006 EPA survey results
indicated about 80 percent of the
industry is located in 14 States, with
about 40 percent of the area source
facilities located in three States (Illinois,
California, and Ohio). Nearly all (97
percent) of the plating and polishing
a We did, however, analyze separately the
information on major sources in similar source
categories to determine if the control technologies
and management practices were transferable and
generally available to the plating and polishing area
source category.
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facilities are in urban areas b based on
the 2006 EPA survey. Our analyses also
indicate that between 92 and 98 percent
of the plating and polishing area source
category is comprised of small
businesses, which the Small Business
Administration defines to be facilities
with less than 500 employees. The 2002
Census data also showed that 50 percent
of the facilities in this source category
had less than 10 employees.
For the 2,900 estimated area source
facilities in the plating and polishing
industry, we estimate that there are
approximately 22,000 tanks and 1,400
thermal spray lines that use the plating
and polishing metal HAP. Based on the
2006 EPA survey, the number of tanks
per facility with plating and polishing
metal HAP is estimated to range from 1
to 20 with an average of 10 tanks per
facility. For the estimated 300 area
source facilities that do thermal
spraying with plating and polishing
metal HAP, we estimate that these
facilities have from 1 to 20 lines, with
an average of 5 thermal spraying lines
per facility.
E. What are the production processes,
emission sources, and available
controls?
1. Plating and Polishing Processes
Plating and polishing facilities
perform several operations that use and
can emit the plating and polishing metal
HAP. These include electrolytic
processes, non-electrolytic processes,
thermal spraying processes, and dry
mechanical polishing operations.
Electrolytic processes include nonchromium electroplating,
electroforming, and electropolishing.
Non-electrolytic processes include
electroless nickel plating, chromate
conversion coating, and other tankbased processes, such as nickel acetate
sealing. Electroplating, electroforming,
electropolishing, and non-electrolytic
(or ‘‘electroless’’) plating all take place
in a tank or ‘‘bath.’’
From the analyses performed with
data acquired in the 2006 EPA survey,
it is estimated that more than half of the
plating and polishing area source
facilities (estimated at over 1,500
facilities) perform electroplating with
the plating and polishing metal HAP,
with nickel the predominant metal
plated; 4 percent or 80 facilities are
estimated to perform electropolishing
with the plating and polishing metal
HAP; and less than 1 percent or 25
facilities are estimated to perform
electroforming with the plating and
b These urban areas are defined to be the urban
1 and urban 2 areas that formed the basis of the
listing decisions under 112(c)(3) and (k).
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polishing metal HAP. For the nonelectrolytic processes, approximately 25
percent of the facilities are estimated to
perform electroless nickel and/or other
electroless coating with the plating and
polishing metal HAP. For the
mechanical polishing process, we
estimate that approximately 25 percent,
or 700 facilities, perform mechanical
polishing of the plating and polishing
metal HAP. For thermal spraying
process, we estimate that approximately
11 percent, or 300 facilities, have
thermal spraying processes that use the
plating and polishing metal HAP.
Many facilities perform more than one
type of metal plating or polishing. From
the analyses performed with data
acquired in the 2006 EPA survey, we
estimate that 80 percent of the facilities
use nickel (with two-thirds of the nickel
used in electroplating and one-third in
electroless nickel plating); 29 percent
use lead, 16 percent use chromium (in
non-electroplating tanks), 5 percent use
manganese, and 4 percent use cadmium.
This includes both tank-based plating as
well as thermal spraying processes, and
where more than one plating or
polishing process occurs at many
facilities.
Electrolytic Plating and Polishing
Processes. Electrolytic processes include
electroplating, electroforming, and
electropolishing. In the electroplating
process, metal ions in either acid (pH
less than 7), alkaline (pH greater than 7),
or neutral (pH approximately equal to 7)
solutions are reduced onto the surface of
the work piece (the cathode or substrate)
via an electrical current. The metal ions
in the solution are usually replenished
by the dissolution of metal from solid
metal anodes (made of the same metal
as that being plated), or by direct
replenishment of the solution with
metal salts or oxides. Electroplating can
be performed with or without cyanide
in the bath. Cyanide is a constituent of
some baths and works to keep the
metals in solution. More discussion of
plating with cyanide follows below.
Electroforming is similar to
electroplating, except that the plated
surface is the product and the item that
shapes the metal (the mandrel) is
removed and discarded afterwards.
Otherwise, electroforming is similar in
chemistry to electroplating processes.
Electroforming can be performed with
or without cyanide in the bath.
Electropolishing is essentially the
opposite of electroplating; the metal to
be polished acts as the anode in an
electric circuit. In this process, the work
piece is attached to the anode and metal
substrate is dissolved electrolytically,
thereby removing the surface
contaminant. Electropolishing can be
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performed in acid or alkaline baths,
although most electropolishing is
performed in acid baths containing
phosphoric acid and one or more
additional acids. Other acids that are
used in electropolishing baths include
sulfuric, chromic, fluoboric,
hydrochloric, citric, and glycolic acid.
According to industry experts, less than
1 percent of plating and polishing
facilities currently use chromic acid in
electropolishing processes.
Electropolishing is not performed with
cyanide in the bath.
Most electroplating tank chemical
formulations (or ‘‘chemistries’’) that do
not use cyanide incorporate a wetting
agent to minimize pitting from the
hydrogen gas bubbles that form on the
surface of the parts being plated.
Wetting agents prevent the bubbles from
adhering to the surface of the parts.
Wetting agents also lower the surface
tension of the plating bath and act to
reduce the amount of energy released
when the gas bubbles rise to the surface
of the bath and burst. Consequently, the
wetting agents also reduce the level of
misting and metal HAP emissions from
the tank. As a result of this dual
function, these chemical compounds are
referred to collectively as wetting agent/
fume suppressants (WAFS). Because
WAFS prevent metal HAP emissions, as
opposed to collecting metal HAP
emissions after they occur with add-on
control devices, they are considered a
pollution prevention technique.
Some chemicals that are not part of
the initial plating bath chemistries are
added ‘‘over the side’’ of the plating
tanks, and include chemicals such as
WAFS. This is especially true for the
plating tanks that lose a significant
amount of their ingredients through
what is called ‘‘drag-out,’’ or the loss of
tank solution that occurs when parts are
removed. The occurrence of drag-out
necessitates the replenishing of the bath
ingredients ‘‘over the side’’ during the
plating process.
As noted above, some plating baths
use cyanide as a major bath ingredient.
Cyanide is added to dissolve the metal
cyanide compound (e.g., cadmium
cyanide) and to create free cyanide in
solution, which helps to corrode the
anode. Caustic soda and carbonate also
are added to the bath. These three
constituents (cyanide, caustic soda, and
carbonate) all work to increase the pH
of the solution to at least 12. These
tanks are self-regulating to a pH equal to
or greater than 12 due to the nature of
the cyanide bath chemistry.
The cyanide in the bath is a major
bath constituent and not an additive.
However, because of the self-regulating
chemistry of the bath, the cyanide
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causes the bath to act as if WAFS are
being used to prevent the metal HAP
from being emitted rather than plated.
All cyanide plating baths at pH greater
than or equal to 12 have cyanide-metal
complexes in solution. The metal to be
plated is either bound in the metalcyanide complex, or reduced at the
cathode to elemental metal and plated
onto the immersed parts. According to
the technical literature and industry
experts, considering the self-regulating
chemistry of the bath, emissions of
cyanide in the form of hydrogen cyanide
would occur only at a pH of less than
12. Cyanide baths are not intentionally
operated at pH less than 12 since
unfavorable plating conditions would
occur in the tank, among other negative
effects. See the docket for this rule for
minutes of meetings with industry
representative and literature documents
related to cyanide bath chemistry.
(Docket No. EPA-HQ-OAR–2005–0084).
Non-electrolytic Processes. Nonelectrolytic or ‘‘electroless’’ plating
involves the deposition of a metallic
coating on a metallic or nonmetallic
surface without the use of external
electrical energy. The basic ingredients
in an electroless plating solution are a
metal (usually in the form of a salt), a
reducer, a complexing agent to hold the
metal in solution, a WAFS, and various
buffers and other chemicals to maintain
bath stability and increase bath life.
Non-electrolytic processes include
electroless nickel plating, chromate
conversion coating, nickel acetate
sealing, sodium dichromate sealing, and
manganese phosphate coating.
Conversion coatings, such as
chromate, are produced on various
metal substrates to create a protective
film that is formed when a portion of
the base metal is converted to one of the
components of the film by reaction with
aqueous solutions containing the metal
(such as hexavalent chromium) and
other active organic or inorganic
compounds. Chromate conversion
coatings are most frequently applied to
zinc, cadmium, aluminum, magnesium,
copper, tin, chromium, brass, bronze,
and silver metal base products.
Manganese phosphate coating is another
type of conversion coating used to
increase wear resistance. In this process,
the work piece is immersed in a tank
with a heated bath that includes
phosphoric acid and manganese dioxide
for a period of minutes up to several
hours, depending on the application.
Nickel acetate, dichromate, and lead
acetate sealing are steps that help to seal
work pieces to increase corrosion
resistance. These processes involve
immersing the part in a tank with a
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heated bath for a relatively short period
of time (e.g., 5 to 10 minutes).
Thermal/flame Spraying Processes.
Thermal spraying or flame spraying is
another type of metal coating operation
that uses one or more of the plating and
polishing metal HAP. Thermal spraying
usually is performed at dedicated
facilities that specialize in this process
and do not perform the other plating
and polishing processes described in
this section. In thermal spraying, a
metal, such as chromium or nickel, is
melted and then immediately sprayed
onto a part or surface. Commonly-used
thermal spraying processes are flame
spraying, electric arc spraying, plasma
arc spraying, and high velocity oxy-fuel.
Unlike the other plating and coating
processes discussed previously that
involve immersing the work piece in a
liquid-filled tank, thermal spraying is
performed in a spray booth. Thermal
spraying is not a complete substitute for
tank plating because thermal spraying
can only apply metal coatings to line-ofsight surfaces and does not penetrate
into the depressions and holes of the
work piece as in tank plating.
Dry Mechanical Polishing Processes.
Dry mechanical polishing is performed
using hard-faced wheels constructed of
muslin, canvas, felt or leather. Abrasives
are applied to the wheels with synthetic
adhesives or cements, typically silicatebase cements. Abrasive belts coated
with adhesives and abrasives in the
same way as the wheels are also used
for polishing. Lubricants including oil,
grease, tallow, and special bar lubricants
are often used to prevent gouging and
tearing when a fine polished surface is
required and also to minimize frictional
heat.
2. Plating and Polishing Metal HAP
Emission Sources
In the plating industry, the metal
being plated is part of the product sold,
therefore, any metal HAP emissions are
an economic loss, i.e., cost, to the
facility and are avoided as much as
possible. Generally, the primary plating
and polishing metal HAP emission
sources are the tanks in which plating
processes occur.
Electrolytic Plating and Polishing
Metal HAP Emissions. The primary
mechanism that can release any metal
HAP, including the plating and
polishing metal HAP, from electrolytic
plating and polishing tanks is the
evolution of hydrogen and oxygen gas in
bubbles that form on the surfaces of the
submerged work piece, or on anodes or
cathodes during electroplating. These
gas bubbles rise to the surface and then
burst, carrying liquid with them in the
form of a fine mist. In electroplating, the
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rate of bubbling is a function of the
chemical or electrochemical activity in
the tank and increases with the amount
of work in the tank, the strength and
temperature of the solution, and the
current densities in the plating tanks.
A term commonly used to describe
the ease or difficulty of electroplating a
specific metal is its cathodic efficiency,
which refers to the ability of the cathode
to reduce the metal to the elemental
form so that the metal can be plated
onto the part surface. The cathodic
efficiencies of nickel and cadmium, the
most common metals plated in the
plating and polishing industry of this
proposed rule, are high and on the order
of 90 percent or more. Chromium, on
the other hand, has a relatively low
cathodic efficiency of less than 20
percent. Plating processes with high
cathodic efficiencies, such as nickel and
cadmium, generate less gassing at the
anode and consequently have lower
emissions than plating processes with
low cathodic efficiencies, such as
chromium.
As discussed above in section (1),
‘‘Plating and Polishing Processes,’’
WAFS, a common ingredient in plating
tanks for purposes of generating a better
plated product, also incidentally lower
the surface tension of the bath. The
WAFS act to reduce the amount of
energy released when gas bubbles rise to
the surface of the bath and burst,
thereby reducing the level of misting
and metal HAP emissions from the tank.
Because WAFS prevent most metal HAP
emissions from occurring, they are
considered a pollution prevention
technique, as opposed to techniques
that control emissions after they occur,
such as add-on control devices. All nonchromium electroplating baths use
WAFS, except for cyanide
electroplating. The reason for the
exception to this practice is discussed
below.
In plating tanks that use cyanide as a
major bath ingredient, which are
operated at a pH of at least 12, the selfregulating chemistry of the cyanide in
the bath causes the bath to operate as if
WAFS were being used, which ensures
an optimum plating process, as
discussed above in section (1), ‘‘Plating
and Polishing Processes.’’ All cyanide
plating baths are composed of cyanidemetal complexes in solution. There are
little metal HAP emissions from these
tanks because the metal to be plated is
either bound in the metal-cyanide
complex or reduced at the cathode to
elemental metal and plated onto the
immersed parts. Emissions of cyanide in
the form of hydrogen cyanide are also
low or nonexistent; these emissions
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would occur only at pH values less than
12.
Non-Electrolytic Plating Metal HAP
Emissions. Plating tanks that do not use
electrical current have much lower
metal HAP emissions than
electroplating tanks because the
bubbling that occurs from electrolysis is
not present. Chromium conversion
coating was excluded from the estimates
of chromium emissions in the
Occupational Safety and Health (OSHA)
work place rule for hexavalent
chromium (Federal Register 71 (39),
10099–10385, February 28, 2006).
In addition, the concentration of the
metals in non-electrolytic tanks is much
lower than the concentration in their
electrolytic bath counterparts. For
example, the concentration of nickel in
an electroless plating bath is less than
one ounce of nickel metal per gallon
(oz/gal) of tank contents (less than 7
grams per liter (g/L)) as compared to the
concentration of nickel in a nickel
electroplating bath of 13 oz/gal (91 g/L).
In manganese phosphating, the
manganese concentration is less than 1
percent by volume (v/v).
Metal HAP Emissions from
Procedures Used for All Tank-based
Processes. Procedures that can result in
emissions from all plating and polishing
tanks are: Bath agitation; placement of
the work pieces in the tank; and
removal of the work pieces from the
tank. Bath agitation typically is
accomplished by air sparging (i.e.,
bubbling air through the tank), or by
mechanical agitation using eductors;
emissions generally are greater when air
sparging is used.
Plating emissions can also be affected
by whether rack or barrel plating is
performed. In rack plating, the parts to
be plated are mounted on racks and
immersed in the plating solution, where
they remain stationary. In barrel plating,
the parts to be plated are placed in a
slotted or perforated barrel that is
immersed in the plating solution and
rotated to ensure even coverage of the
plate on the parts. The movement of the
barrel has the potential to cause more
emissions to be generated than rack
plating.
Metal HAP Emissions from Thermal
Spraying and Dry Mechanical Polishing
Processes. Metal HAP emissions from
thermal spraying and dry mechanical
polishing are in the form of particulate
matter (PM). In thermal spraying, the
PM is emitted as excess metal spray that
results from over-spraying during
application of the metal to the product.
The PM emitted from dry mechanical
polishing results mostly from excess
plated metal that is removed from the
product along with a small amount of
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PM that originates from the abrasive
material on the polishing wheel or
machine. For affected plating and
polishing area sources, all the PM
described above, except the PM from
abrasive material on the wheel, includes
metal HAP.
3. Plating and Polishing Metal HAP
Emission Controls
As discussed above in section (2),
‘‘Plating and Polishing Metal HAP
Emission Sources,’’ the metal being
plated is part of the products from the
plating industry, therefore, any metal
HAP emissions are an economic loss
(i.e., cost) to the facility and are avoided
as much as possible. Consequently, a
variety of methods are used by the
industry to prevent emissions from
plating and polishing processes. These
methods are designed to reduce the
amount of metal HAP emitted from
plating tanks by using what is called
‘‘in-tank controls,’’ that are discussed in
more detail below.
Some facilities use add-on control
systems to control emissions from
plating and polishing tanks that involve
capturing emissions and exhausting
them to add-on emission control
devices. Control systems are the
combination of a capture system and an
add-on control device. The capture
system is designed to collect and
transport air emissions from the affected
source to the control device. The overall
control efficiency of any control system
is a combination of the ability of the
system to capture the air emissions (i.e.,
the capture efficiency) and the control
device efficiency. Consequently, it is
important to achieve good capture to
ensure good overall control efficiency.
Capture devices that are known to
provide high capture efficiencies
include hoods, enclosures, or any other
duct intake devices with ductwork,
dampers, manifolds, plenums, or fans.
Add-on controls in the plating and
polishing industry are used to control
water vapor (steam) and other non-HAP
tank ingredients that evaporate from the
tank. These add-on control systems also
incidentally capture and control any
metal HAP that may be emitted from the
tank. In addition, add-on controls are
used to control PM, which is a surrogate
for metal HAP, from thermal spraying
and dry mechanical polishing processes.
These add-on controls are discussed in
more detail below.
In-tank Pollution Prevention Controls.
Wetting agent/fume suppressants, as
previously discussed, are ingredients
included in plating tanks for purposes
of generating a better plated product.
The WAFS also incidentally lower the
surface tension of the bath and in turn
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the metal HAP emissions, and therefore
are a pollution prevention control
technique. The WAFS act to reduce the
amount of energy released when gas
bubbles rise to the surface of the bath
and burst, thereby significantly reducing
the level of misting and metal HAP
emissions from the tank. All noncyanide electroplating baths use WAFS.
Data compiled during the
development of the NESHAP for
‘‘Chromium Emissions From Hard and
Decorative Chromium Electroplating
and Chromium Anodizing Tanks
(subpart N), hereafter called the
‘‘Chromium Electroplating NESHAP,’’
and during a recent study of nickel
plating sponsored by EPA’s Office of
Research and Development (ORD),
demonstrated that plating tanks that use
WAFS have significantly lower
emissions than tanks that do not use
wetting agents. The use of WAFS was
found to reduce plating emissions by up
to 95 percent, depending on the initial
level of emissions without WAFS.
Other types of in-the-tank controls for
plating tanks include foam blankets and
polyballs, both of which reduce
emissions by covering the liquid surface
of the tank thereby minimizing the
misting that results from the bursting of
gas bubbles at the tank surface. These
technologies are estimated to reduce
emissions by 70 to 80 percent provided
they cover the entire surface of the tank
bath. The difficulty in maintaining
complete coverage of the tank surface
prevents many plants from using foam
blankets and polyballs as their sole
emission control technique.
Tank Add-on Controls. Add-on
controls are used in plating and
polishing facilities to collect water
vapor (steam) and other non-HAP tank
ingredients that evaporate from the tank.
These add-on controls also incidentally
capture and control any metal HAP that
may be emitted from the tank. Add-on
control devices used to reduce
emissions from plating and polishing
tanks include composite mesh pads
(CMP), packed bed scrubbers (PBS), and
mesh pad mist eliminators (MPME).
CMP, which are used on many
chromium electroplating tanks, operate
at 99 percent control efficiency. The
data compiled for the Chromium
Electroplating NESHAP demonstrate
that PBS operate at 94 to 99 percent
control efficiency. MPME typically
achieve 98 to 99 percent control. Simple
mist eliminators reduce emissions by 80
to 99 percent depending on design;
chevron blade mist eliminators achieve
80 to 95 percent control.
The overall control efficiency of any
control system is a combination of the
ability of the system to capture the
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fumes (i.e., capture efficiency) and the
control device efficiency. The capture
system transports the HAP emissions
from the affected source to the control
device; consequently, it is important to
achieve good capture of the plating HAP
emissions to ensure control of the
majority of the metal HAP emissions.
Capture devices that are known to
provide high capture efficiencies
include hoods, enclosures, or any other
duct intake devices with ductwork,
dampers, manifolds, plenums, or fans
that draw greater than 90 percent of the
emissions from the process into the
control device.
Thermal Spraying Add-on Controls.
Thermal spraying processes in the
plating and polishing industry are
performed in spray booths where metal
HAP emissions are most often
controlled with add-on controls for PM
such as fabric filters or high efficiency
particulate air (HEPA) filters. Both of
these filtration techniques reduce
emissions by 95 to 99 percent,
depending on the capture efficiency of
the system, as discussed above under
‘‘Tank Add-on Controls.’’ Water
curtains, which achieve 90 percent
control, also are used in the plating and
polishing industry for controlling PM
from thermal spraying.
The large amount of PM generated
during thermal spraying has made it
necessary for facilities to control the PM
emitted at all times to protect the
worker and working environment.
Consequently, by controlling the PM
facilities are also simultaneously
controlling the metal HAP, where the
PM is a surrogate for the metal HAP.
Dry Mechanical Polishing Controls.
The metal HAP emissions from dry
mechanical polishing, which are in the
form of PM in this process, are
controlled with a control system, as
discussed above in section II (E)(3),
‘‘Plating and Polishing Metal HAP
Emission Controls.’’ Historically, the
large amount of PM generated during
the dry mechanical polishing operations
has made it necessary for facilities to
control the PM emitted at all times to
protect the work environment. Metal
HAP are simultaneously controlled as
an additional benefit of this current
control practice.
The control system for dry
mechanical polishing is the
combination of a capture system and an
add-on control device. The capture
system is designed to collect and
transport air emissions from the affected
source to the control device. The overall
control efficiency of a control system is
a combination of the ability of the
system to capture the air emissions (i.e.,
the capture efficiency) and the control
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device efficiency. Consequently, it is
important to achieve good capture to
ensure good overall control efficiency.
Capture devices that are known to
provide high capture efficiencies
include hoods or any other duct intake
devices with ductwork, dampers,
manifolds, plenums, or fans. Control
devices used for dry mechanical
polishing include filtration devices such
as cartridge, fabric, or HEPA filters,
where PM is controlled as a surrogate
for metal HAP. These control techniques
reduce PM and metal HAP emissions by
more than 90 percent, depending on the
capture efficiency of the system.
Complete capture of the PM (and also
metal HAP) by the exhaust system is not
typical in this industry because of the
need for the workers to be close to the
polishing wheels, which precludes the
use of total enclosures.
III. Summary of Proposed Standards
A. Do the proposed standards apply to
my source?
The proposed subpart WWWWWW
applies to new and existing area sources
of plating and polishing that use any of
the plating and polishing metal HAP
(cadmium, chromium,c lead,
manganese, or nickel) in tanks or
thermal spraying processes; and dry
mechanical polishing operations used to
remove or polish products with these
metal HAP. A new source is any
affected source where you commenced
construction or reconstruction of the
affected source on or after the date that
this proposed rule is published in the
Federal Register.
B. When do I comply with the proposed
standards?
All existing area source facilities with
operations subject to this proposed rule
would be required to comply with the
rule requirements for their existing
operations no later than 2 years after the
date of publication of the final rule in
the Federal Register. The owner or
operator of a new area source operation
would be required to comply with the
rule requirements by the date of
publication of the final rule in the
Federal Register or upon startup,
whichever is later.
c Regulated sources do not include chromium
electroplating and chromium anodizing sources, as
those sources are subject to 40 CFR part 63, subpart
N, ‘‘Chromium Emissions from Hard and Decorative
Chromium Electroplating and Chromium Anodizing
Tanks.’’
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C. What emissions control requirements
is EPA proposing?
1. Controls for All Affected Plating and
Polishing Process Tanks
Owners or operators of all new and
existing affected plating and polishing
processes performed in tanks, regardless
of bath pH, presence of cyanide, or use
of electricity, would be required to
comply with the following management
and pollution prevention practices: (1)
Minimize bath agitation when removing
tank objects; (2) maximize dripping of
bath solution back into tank by
extending drip time when removing the
tank objects and using drain boards
(also known as drip shields); (3)
optimize the design of barrels, racks,
and parts to minimize dragout of bath
solution, such as by using slotted barrels
and tilted racks, or by using designs
with flow-through holes to allow the
tank solution to drip back into the tank;
(4) use tank covers, if available on-site
at the facility, whenever possible (i.e.,
not during lifting or lowering parts); and
(5) minimize or reduce heating during
tank operation and when tanks are not
in use.
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2. Controls for Non-cyanide Electrolytic
Process Tanks Operated at pH Less than
12.
Non-cyanide electrolytic process
tanks are operated at pH less than 12
(hereafter referred to as non-cyanide
electrolytic process tanks) and include
tanks that are used for electroplating,
electroforming, or electropolishing, as
defined in § 63.11510, ‘‘Definitions.’’
This proposed rule would require
owners or operators of new and existing
affected non-cyanide electrolytic
processes, which are operated at a pH of
less than 12, to use a WAFS in the tank
bath as directed by the manufacturer of
plating chemicals, as an equipment
standard. All electroplating baths in the
plating and polishing source category
use WAFS, except for tanks that perform
electroplating with cyanide in the bath.
This proposed rule would also require
owners or operators of affected noncyanide electrolytic process tanks to
implement the management and
pollution prevention practices described
previously in section (1), ‘‘Controls for
All Affected Tanks.’’
The requirement for WAFS would not
apply to cyanide electroplating and
electroforming tanks that operate at pH
of 12 or greater, or facilities that comply
with the requirement for electroplating
for short time periods discussed below.
The in-tank control requirements
proposed for these processes are
discussed below in sections (4) and (5).
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To meet the requirement for WAFS,
the owner or operator would operate
either a tank with bath chemistry that
includes a WAFS or add WAFS
separately to the bath. The owner or
operator would also document that
WAFS are added when each tank is
initially filled for plating and polishing
operations. For tanks where WAFS are
separately purchased tank ingredients,
the use of WAFS would also be
documented every time other bath
ingredients are replenished during the
plating process, where the WAFS are to
be added in the same proportion as in
the original bath.
As a compliance option we are
proposing that in lieu of using WAFS,
facilities may use control systems that
include capture devices designed to
capture the plating and polishing metal
HAP emissions from the tanks and to
transport these metal HAP emissions to
CMP, PBS, or MPME control devices.
These control systems include capture
devices such as hoods, enclosures, or
any other duct intake devices with
ductwork, dampers, manifolds,
plenums, or fans. The use of such
capture devices, in combination with
CMP, PBS, and MPME control devices,
if operated according to the
manufacturers’ specifications, has been
demonstrated to achieve equivalent
emission reductions to WAFS, which
we determined to be GACT for noncyanide electrolytic process tanks).
Add-on controls are used to control
water vapor (steam) and other non-HAP
tank ingredients that evaporate from the
tank; these add-on controls also
incidentally capture and control any
metal HAP that may be emitted from the
tank at a level of at least 95 percent
control when operated according to the
manufacturer’s specifications.
Facilities that would like to use
equipment other than those listed above
can seek approval to do so pursuant to
the procedures in § 63.6(g) of the
General Provisions to part 63, which
require the owner or operator to
demonstrate that the alternative means
of emission limitation achieves at least
equivalent HAP emission reductions as
the controls specified in this rule.
3. Non-electrolytic (Electroless) Process
Tanks
This proposed rule would require
owners or operators of new and existing
affected non-electrolytic process tanks
to implement the management and
pollution prevention practices described
previously in section (1), ‘‘Controls for
All Affected Tanks.’’ Affected nonelectrolytic processes under this
proposed rule would include but are not
limited to processes such as electroless
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nickel plating; chromate conversion
coating; manganese phosphating; and
nickel acetate, dichromate, and lead
sealing processes.
4. Controls for Electroplating and
Electroforming Process Tanks with
Cyanide Operated at a pH Equal to or
Greater than 12
This proposed rule would require
owners or operators of new and existing
affected electroplating and
electroforming process tanks with
cyanide operated at pH equal to or
greater than 12, to implement the
management and pollution prevention
practices described in section (1) above,
‘‘Controls for All Affected Tanks.’’
5. Controls for Flash or Short-term
Electroplating Process Tanks
Under this proposed rule, new and
existing affected ‘‘flash’’ or short-term
electroplating processes are defined to
be tanks that perform plating no more
than 1 hour per day or 3 minutes per
hour of plating time; or use covers for
95 percent of the total plating time.
These electroplating processes are
performed infrequently or for short
periods of time, some of which are on
the order of 30 seconds or less, as a
quick dip. These tanks would be
required to meet the management and
pollution prevention practices,
described previously in section (1)
above, ‘‘Controls for All Affected
Tanks,’’ which include the requirement
to reduce the heat when the tanks are
not in use.
6. Controls for Thermal Spraying
Processes
For existing affected thermal spraying
processes, this proposed rule would
require control systems that are
designed to provide capture of the
plating and polishing metal HAP
emissions from thermal spraying
processes and transport these metal
HAP emissions to water curtains, fabric
filters, or HEPA filters. The control
systems include capture devices such as
hoods, enclosures, or any other duct
intake devices with ductwork, dampers,
manifolds, plenums, or fans. The use of
such capture devices in combination
with water curtains, fabric filters, or
HEPA filters, if operated according to
the manufacturers specifications, have
been demonstrated to achieve at least 90
percent overall control. Based on our
surveys and a thorough review of the
industry, we determined that the above
capture and control devices are
currently used by the industry.
This proposed rule would require
new thermal spraying processes to
install control systems that are designed
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to provide capture and control of the
metal HAP emissions from these sources
and that transport these emissions from
the affected source to fabric or HEPA
filters. These control systems include
capture devices such as hoods,
enclosures, or any other duct intake
devices with ductwork, dampers,
manifolds, plenums, or fans. The use of
such capture devices in combination
with fabric or HEPA filters, if operated
according to the manufacturers
specifications, have been demonstrated
to achieve 95 percent overall control.
Based on our surveys and a thorough
review of the industry, we determined
that the above capture and control
devices are currently used by the
industry.
Facilities that would like to use
equipment other than those listed above
can seek approval to do so pursuant to
the procedures in § 63.6(g) of the
General Provisions to part 63, which
require the owner or operator to
demonstrate that the alternative means
of emission limitation achieves at least
equivalent HAP emission reductions as
the controls specified in this proposed
rule.
7. Controls for Dry Mechanical
Polishing Operations
For new and existing affected dry
mechanical polishing operations, this
proposed rule would require control
systems that are designed to capture the
plating and polishing metal HAP
emissions from dry mechanical
polishing operations and transport these
metal HAP emissions to cartridge,
fabric, or HEPA filters. These control
systems include capture devices such as
hoods, enclosures, or any other duct
intake devices with ductwork, dampers,
manifolds, plenums, or fans. The use of
such capture devices in combination
with cartridge, fabric, or HEPA filters, if
operated according to the manufacturers
specifications, have been demonstrated
to achieve 90 percent overall control.
Based on our surveys and a thorough
review of the industry, we determined
that the above capture and control
devices are currently used by the
industry. Complete capture of the PM,
which is a surrogate for metal HAP, by
the exhaust system is not typical in this
industry because of the need for the
workers to be close to the polishing
wheels and which precludes the use of
total enclosures.
Facilities that would like to use
equipment other than those listed above
can seek approval to do so pursuant to
the procedures in § 63.6(g) of the
General Provisions to part 63, which
require the owner or operator to
demonstrate that the alternative means
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of emission limitation achieves at least
equivalent HAP emission reductions as
the controls specified in this proposed
rule.
D. What are the initial compliance
requirements?
To demonstrate initial compliance
with this proposed rule, owners or
operators of affected new or existing
plating and polishing tanks would
certify they have implemented the
management and pollution prevention
practices specified in this proposed rule
and are maintaining the appropriate
records to document compliance. The
owner or operator of a facility that uses
an affected flash electroplating process
would also demonstrate initial
compliance by documenting that the
plating tank is operated no more than 1
hour per day or 3 minutes per hour; or
that the tank is covered for at least 95
percent of the plating time.
Owners or operators of affected new
or existing non-cyanide electrolytic
process tanks that comply with the
WAFS requirement would demonstrate
initial compliance with this proposed
rule by certifying that WAFS has been
added to the tank when each tank is
initially filled for plating and polishing
operations, according to the
manufacturer’s specifications and
operating instructions. In addition,
owners or operators of all affected
electrolytic process tanks would certify
that they have implemented the
management and pollution prevention
practices required for all affected plating
tanks in this proposed rule.
As an alternative to the use of WAFS,
we are proposing as a compliance
option that owners or operators of
affected new or existing non-cyanide
electrolytic process tanks use a control
system that captures the metal HAP
emissions from plating tanks and
transports these emissions to CMP, PBS,
or MPME. These control systems are
known to be able to achieve at least 95
percent control efficiency if operated
according to the manufacturers’
specifications. Owners or operators can
use other devices to the extent those
devices provide at least equivalent HAP
emission reductions and are approved
in accordance with the procedures of 40
CFR 63.6(g).
Owners or operators that choose the
alternative compliance option (i.e., that
use either CMP, PBS, or MPME), would
certify that they have installed and are
operating an emissions control system
according to the manufacturer’s
specifications and operating
instructions, and that the control system
is designed to provide capture of the
metal HAP emissions from these sources
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and transport these emissions from the
affected source to CMP, PBS, or MPME
which achieve equivalent emission
reductions to the use of WAFS. Capture
devices include devices such as hoods,
enclosures, or any other duct intake
devices with ductwork, dampers,
manifolds, plenums, or fans. These
control systems have been demonstrated
to achieve equivalent emission
reductions to the use of WAFS if
operated according with the
manufacturer’s specifications. Facilities
could demonstrate that other control
devices are at least equivalent for
control of metal HAP emissions
according to the procedures in § 63.6(g)
of the General Provisions to part 63.
The owners or operators of affected
new and existing dry mechanical
polishing processes would demonstrate
initial compliance by certifying that
they have installed and are operating an
emissions control system according to
the manufacturer’s specifications and
operating instructions and that the
capture system is designed to provide
capture of the metal HAP emissions
from these sources and to transport
these emissions from the affected source
to cartridge, fabric, or HEPA filters.
Capture devices include devices such as
hoods, enclosures, or any other duct
intake devices with ductwork, dampers,
manifolds, plenums, or fans that
transport the metal HAP from the
process into cartridge, fabric, or HEPA
filters. These control systems have been
demonstrated to achieve 90 percent
control if operated according with the
manufacturer’s specifications. Facilities
could demonstrate that other control
devices are at least equivalent for
control of metal HAP emissions
according to the procedures in § 63.6(g)
of the General Provisions to part 63.
Owners or operators of affected
existing thermal spraying processes
would demonstrate initial compliance
by certifying that they have installed
and are operating an emissions control
system according to the manufacturer’s
specifications and operating
instructions, and that the control system
is designed to provide capture of the
metal HAP emissions from these sources
and to transport these emissions from
the affected source to water curtains,
fabric filters, or HEPA filters. Capture
devices include devices such as hoods,
enclosures, or any other duct intake
devices with ductwork, dampers,
manifolds, plenums, or fans. These
control systems have been demonstrated
to achieve at least 90 percent control if
operated according to the
manufacturer’s specifications. Facilities
could demonstrate that other control
systems are at least equivalent for
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control of metal HAP emissions
according to the procedures in § 63.6(g)
of the General Provisions to part 63.
Owners or operators of affected new
thermal spraying processes would
demonstrate initial compliance by
certifying that they have installed and
are operating an emissions control
system according to the manufacturer’s
specifications and operating
instructions and that the control system
is designed to provide capture of the
metal HAP emissions from these sources
and transport these emissions from the
affected source to fabric or HEPA filters.
Capture devices include devices such as
hoods, enclosures, or any other duct
intake devices with ductwork, dampers,
manifolds, plenums, or fans. These
control systems have been demonstrated
to achieve 95 percent control if operated
according to the manufacturer’s
specifications. Facilities could
demonstrate that other control systems
are at least equivalent for control of
metal HAP emissions according to the
procedures in § 63.6(g) of the General
Provisions to part 63.
E. What are the continuous compliance
requirements?
This proposed rule also requires
owners or operators of all affected
plating and polishing process tanks to
demonstrate continuous compliance by
adhering to the management and
pollution prevention practices specified
in this proposed rule and maintaining
the appropriate records to document
compliance.
For affected non-cyanide electrolytic
process tanks that comply by using
WAFS, where the WAFS are purchased
separately from other tank materials, the
use of WAFS would be documented
every time other bath ingredients are
replenished during the plating process.
The WAFS are to be added in the same
proportion as in the original bath,
according to the manufacturer’s
specifications and operating
instructions. Records would also be
maintained of all the chemical
additions. The WAFS should be added
in proportion to the amounts of other
bath chemistry ingredients that are
added to replenish the tank bath, as in
the original make-up of the tank.
Owners or operators that comply with
the rule by operating control systems are
required to operate and maintain each
capture system and add-on control
device according to the manufacturer’s
specifications and operating
instructions, and to keep these
documents at the facility at all times in
a location where it can be easily
accessed by the operators. Owners or
operators also are required to maintain
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records to document conformance with
this requirement.
The owner or operator of a facility
that uses an affected flash electroplating
process would demonstrate continuous
compliance by keeping records of daily
plating time; the time the tank operates
with the cover in place, if applicable;
and maintaining the appropriate records
to document compliance with the
management and pollution prevention
practices specified in this proposed
rule.
F. What are the notification,
recordkeeping, and reporting
requirements?
The owner or operator of a new or
existing affected source is required to
comply with certain requirements of the
General Provisions to part 63, which are
identified in Table 1 of this proposed
rule. Each facility is required to submit
an Initial Notification and a Notification
of Compliance Status according to the
requirements in 40 CFR 63.9, General
Provisions to part 63. The owner or
operator of an affected source is
required to submit an annual
compliance certification and, if there
were any deviations during the year, a
report that describes the deviations and
the corrective action taken.
Owners and operators also are
required to maintain all records that
demonstrate initial and continuous
compliance with this proposed rule,
including records of all required
notifications and reports, with
supporting documentation; and records
showing compliance with the
management and pollution prevention
practices. Owners and operators would
also maintain records of the following,
if applicable: Amount and frequency of
WAFS additions; daily plating time; the
time the tank is operated with a cover
in place; and maintenance of any
required control systems.
IV. Rationale for This Proposed Rule
A. How did we select the source
category?
Plating and Polishing was listed as an
area source category on June 26, 2002
(67 FR 43112). The inclusion of this
source category on the area source
category list was based on data from the
CAA section 112(k) inventory, which
represents 1990 urban air information.
Those data indicated that plating and
polishing plants were contributors to
emissions of five of the listed urban
HAP metals: cadmium, chromium,
manganese, nickel, and lead.
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B. How did we select the affected
sources?
The affected sources for the proposed
rule include plating and polishing tanks
(other than those that are subject to the
Chromium Electroplating NESHAP), dry
mechanical polishing operations, and
thermal spray processes, which have the
potential to emit the five plating and
polishing metal HAP. We selected these
sources because the plating and
polishing metal HAP are used in and
have the potential to be emitted from
these sources.
Electrolytic process tanks emit metal
HAP when gas bubbles formed by the
electrolytic process rise to the tank
surface and burst; as the result of bath
agitation, particularly when air sparging
is practiced; and from the placing of
parts in, or the removal of parts from,
the tank. Non-electrolytic process tanks
emit metal HAP as the result of bath
agitation, and from the placing of parts
in, or the removal of parts from, the
tank. Emissions of metal HAP from
thermal spraying result from overspray,
when the sprayed metal does not
contact or adhere to the target part and
becomes entrained in the air. Emissions
of metal HAP from dry mechanical
polishing operations occur as the result
of the abrasion of metal surfaces and the
subsequent entrainment of the abraded
particles in the air.
The Plating and Polishing Source
Category also was listed as an area
source of TCE emissions. Chlorinated
solvents such as TCE are used as
degreasers in the plating industry. We
subsequently discovered that the 1990
emissions data for TCE was for plating
facilities that used TCE in degreasing
operations, which are not part of this
source category. Rather, these emission
units at both major and area sources are
subject to standards for halogenated
solvent cleaning under 40 CFR part 63,
subpart T. Consequently, we are not
proposing standards for TCE from
plating and polishing facilities. The
plating and polishing source category
listed for TCE emissions remains a
listed source category pursuant to
section 112(c)(3) of this part, and this
proposed rule establishes standards for
emissions of plating and polishing metal
HAP. Therefore, we are clarifying that
we do not need plating and polishing to
meet the section 112(c)(3) 90 percent
requirement regarding area source
emissions of TCE.
Several plating and polishing area
source facilities also perform chromium
electroplating and chromium anodizing.
The chromium electroplating and
chromium anodizing tanks at these
facilities are already subject to the
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Chromium Electroplating NESHAP
(subpart N) that apply to both major and
area sources. Therefore, these chromium
electroplating and chromium anodizing
tanks would not be affected sources
under the proposed rule although their
plating and polishing area source
processes would be subject.
C. How did we subcategorize plating
and polishing processes?
As part of the GACT analysis, we
considered whether there were
differences in processes, sizes, or other
factors affecting emissions and control
technologies that would warrant
subcategorization. Under section
112(d)(1) of the CAA, EPA ‘‘may
distinguish among classes, types, and
sizes within a source category or
subcategory in establishing such
standards * * *’’
In our review of the available data, we
observed significant differences in the
chemistry and operation of some
electroplating and electroforming
processes. We therefore have identified
three subcategories of electrolytic
process units: (1) Non-cyanide
electrolytic process tanks, operated at
pH less than 12, (2) Electroplating and
electroforming process tanks with
cyanide, operated at a pH greater than
or equal to 12; and (3) Flash or shortterm electroplating processes.
Non-cyanide electrolytic process
tanks are operated at pH less than 12,
and use WAFS as part of their normal
bath chemistry. In electroplating and
electroforming process tanks that have
cyanide in the bath and which have a
pH of 12 or greater, there are metal
complexing agents, called anions or
ligands, which keep the metals to be
plated in solution as an ionic complex
with the result that minimal emissions
of either the anion or metal HAP occur.
According to technical literature, these
highly alkaline solutions are selfregulating and simulate the effect of
adding WAFS to the bath. Ionic baths
are used in the plating of brass (copper
and zinc), bronze (copper and tin),
cadmium, copper, gold, silver, and zinc,
of which only cadmium is an urban
HAP. Note that electropolishing is not
performed with cyanide.
Flash or short-term electroplating is
conducted infrequently and for short
periods of time, on the order of 30
seconds or less as a quick dip, for no
more than 3 minutes total per hour.
Facilities that use this process generally
keep the tanks covered and, if the bath
is heated, reduce the heat when the
tanks are not in use. General practice in
the industry does not include
monitoring WAFS levels or the use of
add-on emission controls. Only a small
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number of the total tanks in the plating
and polishing industry are ‘‘flash’’
plating tanks, and are estimated to be
less than 3 percent of all tanks in the
industry.
D. How was GACT determined?
As provided in CAA section 112(d)(5),
we are proposing standards representing
GACT for the Plating and Polishing Area
Source Category. As noted in section II
of this preamble, the statute requires the
Agency to establish standards for area
sources listed pursuant to section 112(c)
based on GACT. The statute does not set
any condition precedent for issuing
standards under section 112(d)(5) other
than that the area source category or
subcategory at issue must be one that
EPA listed pursuant to section 112(c),
which is the case here.
The tank-based operations of this
proposed rule, that include
electroplating (without chromium),
electroless plating, and polishing, have
little or no emissions compared to
chromium electroplating. We evaluated
the control technologies and
management practices that reduce HAP
emissions that are generally available
for the Plating and Polishing Area
Source Category. We also considered
costs and economic impacts in
determining GACT. We believe the
consideration of costs and economic
impacts is especially important for
plating and polishing area sources
because requiring additional controls
would result in only marginal
reductions in emissions at very high
costs for modest incremental
improvement in control for this area
source category. Furthermore, more than
90 percent of plating and polishing
plants are small businesses. We explain
our proposed GACT below, in sections
(1) through (5).
1. GACT for All Plating and Polishing
Process Tanks
From the 2006 EPA survey of the
industry, we identified several
management and pollution prevention
practices that minimize emissions from
plating and polishing process tanks and
are commonly used in the industry.
These practices include minimizing
bath agitation when removing and
plating parts; maximizing dripping of
tank solution back into bath by
extending drip time when removing the
tank objects and using drain boards
(also known as drip shields); optimizing
the design of barrels, racks, and parts to
minimize dragout of bath solution, such
as by using slotted barrels and tilted
racks, or by using designs with flowthrough holes to allow the tank solution
to drip back into the tank; using tank
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covers whenever possible; and
minimizing or reducing heating during
tank operation and when the tanks are
not in use.
The above practices reflect the
practices employed by the plating and
polishing area source category. In
addition, other source categories with
similar industrial processes use these
same management practices to reduce
HAP emissions and water pollution.
Because these practices are standard
industry practice, we are proposing that
these practices are GACT for all new
and existing affected plating and
polishing processes performed in tanks
that include electrolytic process tanks
with and without cyanide, as well as
non-electrolytic process tanks. The costs
of implementing these management
practices are reasonable due to the
relatively small amount of time needed
to perform the practices, the relatively
small amount of materials used, and
especially because they are oftentimes
cost savings measures. These benefits
were reported by facilities in the 2006
EPA survey and in discussions with
industry representatives.
Some of these management and
pollution prevention practices also have
the co-benefit of reducing water
pollution since they prevent metal from
reaching nearby water systems. These
pollution prevention practices are also
recommended for this industry by EPA’s
Office of Water for this industry. See
‘‘Development Document for the Final
Effluent Limitations Guidelines and
Standards for the Metal Products and
Machinery Point Source Category,’’
EPA–821–B–03–001, February 2003.
[Available at: https://www.epa.gov/
guide/mpm/tdd/index.htm]
2. GACT for Non-cyanide Electrolytic
Process Tanks Operated at pH Less
Than 12
We are proposing GACT for noncyanide electroplating process tanks,
which operate at pH less than 12, to be
the use of WAFS in the plating bath.
This requirement was also the control
specified as MACT in the Chromium
Electroplating NESHAP that applies to
both major and area sources.
All non-cyanide electrolytic plating
tanks that operate with a pH less than
12 include a WAFS in the bath
chemistry to prevent gas bubbles from
adhering to the surfaces of work pieces,
thereby ensuring a smooth plating
finish. The WAFS also lower the surface
tension of the bath to allow the bath
solution to cover or coat, i.e., ‘‘wet,’’ the
surfaces of the parts and consequently
also lower metal HAP emissions. Using
WAFS to maintain the bath surface
tension below specified levels is one of
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the control options specified in the
Chromium Electroplating NESHAP. The
use of WAFS is also a pollution
prevention technique since it prevents
the metal HAP from being emitted
rather than controlling the metal after it
is emitted, as in add-on control
strategies.
A recent ORD study of emissions from
nickel plating also showed that WAFS
in nickel electroplating is an effective
means of reducing nickel emissions
from electroplating that achieves a
comparable post-control metal HAP
emissions concentration as the levels of
chromium under the maximum
achievable control technology (MACT)
standards in the Chromium
Electroplating NESHAP. Test data for
nickel electroplating tanks using WAFS
that were submitted with the 2006 EPA
survey responses show the same low
level of post-control HAP metal
emission concentration as the ORD data.
Electroforming is essentially the same
process as electroplating except the
metal plate is subsequently removed
from the plated mold and becomes the
product. Because non-cyanide
electroforming bath chemistries are the
same as for non-cyanide electroplating,
WAFS are also used in electroforming
baths. Therefore, we are proposing
GACT for non-cyanide electroforming
baths, which operate at pH less than 12,
also to be the use of WAFS.
Electropolishing commonly uses nonHAP acids such as sulfuric and
phosphoric, and occasionally chromic
acid (at 5 to 7 percent in the bath) to
prepare the metal surface for plating.
For those electropolishing processes
that do use chromic acid, using WAFS
prevents significant chromium
emissions.
For these non-cyanide electrolytic
process tanks operated at pH less than
12, we are also proposing that GACT
includes the management and pollution
prevention practices described above in
section (1), ‘‘GACT for All Plating and
Polishing Process Tanks.’’ These
practices reflect the practices employed
by the plating and polishing area source
category. In addition, other source
categories with similar industrial
processes use these same management
practices to reduce HAP emissions and
water pollution. Because these practices
are standard industry practice, we are
proposing that these practices are GACT
for new and existing affected noncyanide electrolytic process tanks
operated at pH less than 12. The costs
of implementing these management
practices are reasonable due to the
relatively small amount of time needed
to perform the practices; the relatively
small amount of materials used, as
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reported in the 2006 EPA survey and in
discussions with the industry; and
especially because they are cost savings
measures.
Because the tank chemical
constituents are depleted as bath liquid
is lost by drag-out of parts and other
mechanisms, tank chemical ingredients
often are added ‘‘over the side’’ of tanks
to maintain the proper concentrations.
Therefore, to ensure continuous
compliance with GACT, we are
proposing that non-cyanide electrolytic
process tanks add WAFS to the tank
when any other bath ingredient is
replenished. For tanks that purchase
WAFS separate from other tank
ingredients, we are proposing that
WAFS are to be added when other tank
ingredients are replenished, in the same
proportion to the other ingredients as in
the original make-up of the bath. This
will ensure that any WAFS that are lost
during the plating and polishing process
are replenished.
As an alternative to the use of WAFS,
we are proposing as a compliance
option that owners or operators can use
control systems that include capture
devices that are designed to capture the
plating and polishing metal HAP
emissions from the tanks and transport
these metal HAP emissions to CMP,
PBS, or MPME control devices. These
control systems include capture devices
such as hoods, enclosures, or any other
duct intake devices with ductwork,
dampers, manifolds, plenums, or fans.
The use of such capture devices in
combination with CMP, PBS, and
MPME control devices, if operated
according to the manufacturers’
specifications, has been demonstrated to
achieve equivalent emission reductions
to WAFS, which we determined to be
GACT for non-cyanide electrolytic
process tanks). Add-on controls are used
to control water vapor (steam) and other
non-HAP tank ingredients that
evaporate from the tank; these add-on
controls also incidentally capture and
control any metal HAP that may be
emitted from the tank. Data from the
chromium electroplating industry
indicate that CMP, PBS, and MPME
achieve chromium emission control
efficiencies of at least 95 percent.
Because these add-on control devices
are not pollution prevention
technologies, and because of the high
costs required to purchase, install, and
operate add-on controls for a relatively
low level of plating and polishing metal
HAP emissions, these devices are not
being proposed as GACT. From the
information acquired during the
development of the Chromium
Electroplating NESHAP that applied to
similar electroplating processes in
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tanks, the cost of using add-on controls
to reduce metal HAP emissions from the
electroplating tanks ranged from
$100,000 to $1 million per ton of
chromium removed. Much higher costs,
on the order of five to 10 times higher
or more, are expected for plating and
polishing process electroplating tanks
since the metal HAP emissions from
these tanks are lower due to the higher
cathodic efficiency of the plating and
polishing metal HAP as opposed to
chromium. This level of costs would
impose a large negative economic
impact upon the area sources in the
plating and polishing industry, which
are predominately small businesses.
Therefore, we propose that this
technology does not represent GACT for
the plating and polishing area source
category.
Because some facilities already have
these control systems in place or, for
new sources, want to control water
vapor (steam) and other non-HAP tank
ingredients that evaporate from the tank,
we are allowing these devices as an
equivalent alternative to the use of
WAFS as GACT for control of metal
HAP from non-cyanide electrolytic
plating and polishing.
3. GACT for Non-Electrolytic
(Electroless) Processes
Under this proposed rule, affected
non-electrolytic processes include
electroless nickel plating, chromate
conversion coating, nickel acetate
sealing, dichromate sealing, and
manganese phosphate coating. For these
processes we are proposing GACT is
management and pollution prevention
practices as described above in section
(1), ‘‘GACT for All Plating and Polishing
Process Tanks.’’ These practices reflect
the practices employed by the plating
and polishing area source category. In
addition, other source categories with
similar industrial processes use these
same management practices to reduce
HAP emissions and water pollution.
Because these practices are standard
industry practice, we are proposing that
these practices are GACT for all new
and existing affected non-electrolytic
(electroless) processes. The costs of
implementing these management
practices are reasonable due to the
relatively small amount of time needed
to perform the practices; the relatively
small amount of materials used, as
reported in the 2006 EPA survey and in
discussions with the industry; and
especially because they are cost savings
measures.
Emissions of the plating and polishing
metal HAP from non-electrolytic
process tanks are significantly lower
than are emissions from electrolytic
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process tanks for several reasons. Unlike
electrolytic processes, these processes
do not apply electrical currents to the
tank baths. As a result, there is no
mechanism that produces the hydrogen
and oxygen gas bubbles which cause the
misting from electrolytic tanks;
therefore, fume suppressants are not
needed. Furthermore, the nonelectrolytic processes do not require
vigorous agitation of the baths, which is
another source of emissions from
electrolytic process tanks that can be
significant in some situations. The
concentration of metal in nonelectrolytic process tanks also is
relatively low. For example, the
concentration of nickel in electroless
nickel plating baths is less than one oz/
gal of bath solution (less than 7 g/L),
whereas in nickel electroplating baths,
the concentration of nickel is 13 oz/gal
(91 g/L). In manganese phosphate
coating, the manganese concentration is
less than 1 percent (v/v). The low
chromium emissions from chromium
conversion coating were well
documented during development of the
OSHA workplace standard for
hexavalent chromium. Consequently,
we are setting GACT as the management
and pollution prevention practices
described above in this section.
Because of the relatively low
emissions from these tanks, a
requirement for add-on controls for
these operations would not be costeffective and would result in costs on
the upper end of the estimated cost
impacts for plating and polishing
sources, at 10 or more times the cost
levels of $100,000 to $1 million per ton
of chromium removed found for
chromium electroplating.
4. GACT for Electroplating and
Electroforming Process Tanks With
Cyanide Operated at pH Values Greater
Than or Equal to 12
For cyanide electroplating baths with
pH greater than or equal to 12, such as
cadmium cyanide plating, metal HAP
emissions are minimal because the
metal remains in solution as a metalcyanide complex. The chemistry of
electroplating baths with cyanide are
such that a high pH (pH ≥ 12) is
maintained to keep the cyanide and
metals to be plated in solution as a
metal-cyanide ionic complex, with
minimal emissions of cyanide gas or
metal HAP. According to the technical
literature, the self-regulating chemistry
of the highly alkaline bath solutions
simulate the effect of adding WAFS to
the bath, which is GACT for the noncyanide electroplating processes.
Cyanide baths are not intentionally
operated at pH less than 12 since
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unfavorable plating conditions would
occur in the tank, among other negative
effects.
Therefore, we are proposing that
GACT for these tanks consists of the
management practices described above
in section (1), ‘‘GACT for All Plating
and Polishing Process Tanks.’’ These
practices reflect the practices employed
by the plating and polishing area source
category. In addition, other source
categories with similar industrial
processes use these same management
practices to reduce HAP emissions and
water pollution. Because these practices
are standard industry practice, we are
proposing that these practices are GACT
for electroplating and electroforming
process tanks with cyanide operated at
pH values greater than or equal to 12.
The costs of implementing these
management practices are reasonable
due to the relatively small amount of
time needed to perform the practices;
the relatively small amount of materials
used, as reported in the 2006 EPA
survey and in discussions with the
industry; and especially because they
are cost savings measures.
5. GACT for Short-Term or ‘‘Flash’’
Electroplating
In this proposed rule, we define flash
electroplating tanks as those tanks that
operate one hour plating per day or 3
minutes per hour, or tanks that have a
cover in place during 95 percent of the
plating time. Plating that occurs for only
one hour daily (or 3 minutes per hour
for 24 hours) or tanks that are covered
95 percent of the plating time have
equivalent emissions to plating that is
performed less than 5 percent of the
day. Since plating tanks can be operated
continuously, 24 hours per day, this
level of operation is equivalent to 95
percent control of emissions.
We are proposing that GACT for these
short-term operations is the
management and pollution prevention
practices described above in section (1),
‘‘GACT for All Plating and Polishing
Process Tanks,’’ that are applicable to
this process, such as reducing the heat
when not in use. These management
practices reflect the practices employed
by the plating and polishing area source
category. In addition, other source
categories with similar industrial
processes use these same management
practices to reduce HAP emissions and
water pollution. Because these practices
are standard industry practice, we are
proposing that these practices are GACT
for short-term or ‘‘flash’’ electroplating
processes performed in tanks. The costs
of implementing these management
practices are reasonable due to the
relatively small amount of time needed
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to perform the practices; the relatively
small amount of materials used, as
reported in the 2006 EPA survey and in
discussions with the industry; and
especially because they are cost savings
measures.
Because of the combination of low
levels of emissions and short time
periods it is not cost-effective to install
add-on emission controls and it would
be unnecessarily burdensome to require
recordkeeping of WAFS levels use.
From the information acquired during
the development of the Chromium
Electroplating NESHAP, which was
described further above, the cost of
using add-on controls for similar
electroplating tanks ranged from
$100,000 to $1 million per ton of
chromium removed. Much higher costs,
on the order of 100 to 200 times higher
or more, are expected for these shortterm plating and polishing process tanks
since the metal HAP emissions from
these tanks are lower due to the short
periods of time the tanks are used or
operate uncovered. This level of costs
would impose a large negative economic
impact upon the area sources in the
plating and polishing industry, which
are predominately small businesses.
Therefore, we propose that this
technology does not represent GACT for
the plating and polishing area source
category.
Only a small number of the total tanks
in the plating and polishing industry are
‘‘flash’’ plating tanks, and are estimated
to be less than 3 percent of all the tanks
in the industry. Because of the short
time periods for operation of these
‘‘flash’’ processes, the emissions from
these processes are equivalent to the 95
percent control achieved by add-on
controls that are GACT for continuous
electroplating processes.
6. GACT for Dry Mechanical Polishing
Operations
For new and existing sources of dry
mechanical polishing operations, we are
proposing GACT to be control systems
that are designed to provide capture of
the plating and polishing metal HAP
emissions from the process and
transport these metal HAP emissions to
cartridge, fabric, or HEPA filters. These
control systems include capture devices
such as hoods, enclosures, or any other
duct intake devices with ductwork,
dampers, manifolds, plenums, or fans.
The use of such capture devices in
combination with cartridge, fabric, or
HEPA filters, if operated according to
the manufacturers specifications, have
been demonstrated to achieve at least 90
percent overall control. Based on our
surveys and a thorough review of the
industry, we determined that the above
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capture and control devices are
currently used by the industry.
Only dry mechanical polishing that
has the potential to generate one or
more of the five plating and polishing
metal HAP of cadmium, chromium,
lead, manganese, and nickel would be
subject to this part of the standard. This
GACT requirement would be an
equipment standard.
Dry mechanical polishing generates a
fine metal dust which is controlled by
PM collection systems, using PM as a
surrogate for metal HAP, that include a
local capture device exhausted to a
filtration device. These devices are the
best available control technology and
are standard practice in the industry to
protect the workers and workplace from
PM. Because of the need for the workers
to be close to the polishing wheels, total
enclosures around the polishing
equipment are not possible.
Requiring source testing to determine
control efficiency or emissions would be
an economic burden for the facilities
that in most cases are small businesses;
therefore, we are proposing that
compliance with GACT is to operate the
control devices according to the
manufacturer’s instructions.
7. GACT for Thermal Spraying
Processes
For existing thermal spraying
processes, we are proposing GACT to be
control systems that are designed to
provide capture of the plating and
polishing metal HAP emissions from
thermal spraying processes and
transport these metal HAP emissions to
water curtains, fabric filters, or HEPA
filters. These control systems include
capture devices such as hoods,
enclosures, or any other duct intake
devices with ductwork, dampers,
manifolds, plenums, or fans. The use of
such capture devices in combination
with water curtains, fabric filters, or
HEPA filters, if operated according to
the manufacturers specifications, have
been demonstrated to achieve at least 90
percent overall control. Based on our
surveys and a thorough review of the
industry, we determined that the above
capture and control devices are
currently used by the industry.
This GACT requirement is an
equipment standard. Facilities could
demonstrate that other control devices
are at least equivalent for control of
metal HAP emissions according to the
procedures in § 63.6(g) of the General
Provisions to part 63.
For new thermal spraying sources, we
are proposing that GACT is to install
control systems that are designed to
provide capture and control of the metal
HAP emissions from these sources and
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that transport these emissions from the
affected source to fabric or HEPA filters.
These control systems include capture
devices such as hoods, enclosures, or
any other duct intake devices with
ductwork, dampers, manifolds,
plenums, or fans. The use of such
capture devices in combination with
fabric or HEPA filters, if operated
according to the manufacturers
specifications, have been demonstrated
to achieve at least 95 percent overall
control. Based on our surveys and a
thorough review of the industry, we
determined that the above capture and
control devices are currently in use by
the industry and generally available for
new sources.
Requiring source testing to determine
control efficiency or emissions would be
an economic burden for the facilities
that in most cases are small businesses;
therefore, we are proposing that
compliance with GACT is to operate the
control devices according to the
manufacturer’s instructions.
E. How did we select the compliance
requirements?
We are proposing notification,
reporting, and recordkeeping
requirements to ensure compliance with
this proposed rule. We are requiring an
Initial Notification and Notification of
Compliance Status because these
requirements are consistent with section
§ 63.9(h) of the General Provisions to
part 63.
For demonstrating initial compliance,
this proposed rule requires affected
facilities to certify that the required
management practices and equipment
standards have been implemented; and
if applicable, the existing add-on control
devices have been installed properly.
For demonstrating continuous
compliance, the proposed requirements
include annual certifications that the
management practices are being
followed and control systems, if any, are
being properly operated and
maintained. Because all facilities
currently operate at the GACT level of
control and greater than 90 percent of
the affected facilities are small
businesses, we are proposing a
requirement for the minimum
information necessary to ensure
compliance. We believe the proposed
requirements for annual certifications
achieve that objective.
Consequently, we are not requiring
emission testing and compliance with a
control efficiency requirement to
establish proper operation of control
devices as part of compliance with
equipment standards. Testing a plating
and polishing tank would require a
ventilation system and exhaust duct or
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stack for sampling emissions, and the
large majority of plating and polishing
tanks are not equipped with ventilation
and exhaust systems. Emission testing
would necessitate installing either a
permanent or temporary exhaust
system, which would significantly
increase the costs of the emission test.
For these reasons, we are proposing to
allow affected facilities to demonstrate
compliance without incurring the costs
of installing ventilation and exhaust
systems and conducting emission tests.
Considering that more than 90 percent
of the companies that would be affected
by this proposed rule are small
businesses, the proposed formats would
help to minimize the burden on the
regulated community.
This proposed rule also would require
recordkeeping in accordance with
§ 63.10 of the General Provisions to part
63. These records are needed for EPA to
determine compliance with specific rule
requirements.
Under this proposed rule, each
facility would also submit an annual
compliance certification and an annual
compliance report. The annual report
identifies deviations, if any, from the
equipment and work practice
requirements. We are also proposing
annual compliance certifications and
annual compliance reports, which
should help identify facilities with
potential compliance issues.
We are proposing a 2-year period for
existing facilities to achieve compliance.
Since many facilities may be subject to
EPA rules for the first time and because
most of these facilities are small
businesses with 50 percent of the firms
having less than 10 employees, we
believe the 2-year period is needed to
provide time for facilities to identify any
changes that are needed to comply with
the recordkeeping and reporting
requirements and institute those
changes. All new area source processes
or facilities would be required to
comply upon the date of publication of
the final rule, or startup, whichever is
later.
F. How did we decide to exempt this
area source category from title V
permitting requirements?
We are proposing exemption from
title V permitting requirements for
affected facilities in the plating and
polishing area source category for the
reasons described below. Section 502(a)
of the CAA provides that the
Administrator may exempt an area
source category from title V if she
determines that compliance with title V
requirements is ‘‘impracticable,
infeasible, or unnecessarily
burdensome’’ on an area source
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category. See CAA section 502(a). In
December 2005, in a national
rulemaking, EPA interpreted the term
‘‘unnecessarily burdensome’’ in CAA
section 502 and developed a four-factor
balancing test for determining whether
title V is unnecessarily burdensome for
a particular area source category, such
that an exemption from title V is
appropriate. See 70 FR 75320, December
19, 2005 (‘‘Exemption Rule’’).
The four factors that EPA identified in
the Exemption Rule for determining
whether title V is ‘‘unnecessarily
burdensome’’ on a particular area source
category include: (1) Whether title V
would result in significant
improvements to the compliance
requirements, including monitoring,
recordkeeping, and reporting that are
proposed for an area source category (70
FR 75323); (2) whether title V
permitting would impose significant
burdens on the area source category and
whether the burdens would be
aggravated by any difficulty the sources
may have in obtaining assistance from
permitting agencies (70 FR 75324); (3)
whether the costs of title V permitting
for the area source category would be
justified, taking into consideration any
potential gains in compliance likely to
occur for such sources (70 FR 75325);
and (4) whether there are
implementation and enforcement
programs in place that are sufficient to
assure compliance with the NESHAP for
the area source category, without relying
on title V permits (70 FR 75326).
In discussing these factors in the
Exemption Rule, we further explained
that we considered on ‘‘a case-by-case
basis the extent to which one or more
of the four factors supported title V
exemptions for a given source category,
and then we assessed whether
considered together those factors
demonstrated that compliance with title
V requirements would be ‘unnecessarily
burdensome’ on the category, consistent
with section 502(a) of the Act.’’ See 70
FR 75323. Thus, in the Exemption Rule,
we explained that not all of the four
factors must weigh in favor of
exemption for EPA to determine that
title V is unnecessarily burdensome for
a particular area source category.
Instead, the factors are to be considered
in combination, and EPA determines
whether the factors, taken together,
support an exemption from title V for a
particular source category.
In the Exemption Rule, in addition to
determining whether compliance with
title V requirements would be
unnecessarily burdensome on an area
source category, we considered,
consistent with the guidance provided
by the legislative history of section
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502(a), whether exempting the area
source category would adversely affect
public health, welfare or the
environment. See 70 FR 15254–15255,
March 25, 2005. We have determined
that the proposed exemptions from title
V would not adversely affect public
health, welfare and the environment.
Our rationale for this decision follows
here.
In considering the proposed
exemption from title V requirements for
sources in the category affected by this
proposed rule, we first compared the
title V monitoring, recordkeeping, and
reporting requirements (factor one) to
the requirements in the proposed
NESHAP for the Plating and Polishing
area source category. EPA determined
that the management practices currently
used by plating and polishing facilities
is GACT, and this proposed rule would
require recordkeeping, which serves as
monitoring and deviation reporting, to
assure compliance with the NESHAP.
The monitoring component of the first
factor favors title V exemption because
this proposed standard would provide
for monitoring in the form of
recordkeeping that would assure
compliance with the requirements of
this proposed rule. This proposed
NESHAP would require annual
compliance certification and annual
deviation reports which should call
attention to those facilities in need of
supervision to the state agency in the
same way as a title V permit. Monitoring
other than recordkeeping would not be
practical or appropriate because the
requirements are management practices.
Records would be required to ensure
that the management practices are
followed, including such records as the
amount of WAFS added to the plating
tanks.
As part of the first factor, we have
considered the extent to which title V
could potentially enhance compliance
for area sources covered by this
proposed rule through recordkeeping or
reporting requirements. We have
considered the various title V
recordkeeping and reporting
requirements, including requirements
for a 6-month monitoring report,
deviation reports, and an annual
certification in 40 CFR 70.6 and 71.6.
For any affected plating and polishing
area source facility, this proposed
NESHAP would require an Initial
Notification and a Notification of
Compliance Status. This proposed
Plating and Polishing NESHAP also
would require affected facilities to
maintain records showing compliance
with the required equipment standard
and management practices. The
information that would be required in
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the notifications and records is similar
to the information that would be
provided in the deviation reports
required under 40 CFR 70.6(a)(3) and 40
CFR 71.6(a)(3). We acknowledge that
title V might impose additional
compliance requirements on this
category, but we have determined that
the monitoring, recordkeeping, and
reporting requirements of this proposed
NESHAP for plating and polishing
would be sufficient to assure
compliance with the provisions of the
NESHAP, and title V would not
significantly improve those compliance
requirements.
For the second factor, we determine
whether title V permitting would
impose a significant burden on the area
sources in the category and whether that
burden would be aggravated by any
difficulty the source may have in
obtaining assistance from the permitting
agency. Subjecting any source to title V
permitting imposes certain burdens and
costs that do not exist outside of the title
V program. EPA estimated that the
average cost of obtaining and complying
with a title V permit was $38,500 per
source for a 5-year permit period,
including fees. See ICR for Part 70
Operating Permit Regulations, January
2000, EPA ICR Number 1587.05. EPA
does not have specific estimates for the
burdens and costs of permitting plating
and polishing area sources; however,
there are certain activities associated
with the part 70 and 71 rules. These
activities are mandatory and impose
burdens on the facility. They include
reading and understanding permit
program guidance and regulations;
obtaining and understanding permit
application forms; answering follow-up
questions from permitting authorities
after the application is submitted;
reviewing and understanding the
permit; collecting records; preparing
and submitting monitoring reports on a
6-month or more frequent basis;
preparing and submitting prompt
deviation reports, as defined by the
State, which may include a combination
of written, verbal, and other
communications methods; collecting
information, preparing, and submitting
the annual compliance certification;
preparing applications for permit
revisions every 5 years; and, as needed,
preparing and submitting applications
for permit revisions. In addition,
although not required by the permit
rules, many sources obtain the
contractual services of consultants to
help them understand and meet the
permitting program’s requirements. The
ICR for part 70 provides additional
information on the overall burdens and
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costs, as well as the relative burdens of
each activity. Also, for a more
comprehensive list of requirements
imposed on part 70 sources (hence,
burden on sources), see the
requirements of 40 CFR 70.3, 70.5, 70.6,
and 70.7.
In assessing the second factor for
plating and polishing facilities, we
found that nearly all of the
approximately 2,900 plating and
polishing facilities affected by this
proposed rule are small businesses,
some with as few as one or two
employees. These small sources lack the
technical resources that would be
needed to comply with permitting
requirements and the financial
resources that would be needed to hire
the necessary staff or outside
consultants. As discussed previously,
title V permitting would impose
significant costs on these area sources,
and, accordingly, we propose that title
V would be a significant burden for
sources in this category. More than 90
percent of the facilities that would be
subject to this proposed rule are small
businesses with limited resources, and
under title V they would be subject to
numerous mandatory activities with
which they would have difficulty
complying, whether they were issued a
standard or a general permit.
Furthermore, given the number of
sources in the category and the
relatively small size of many of those
sources, it would likely be difficult for
them to obtain assistance from the
permitting authority. Thus, we believe
that the second factor strongly supports
the proposed title V exemption for
plating and polishing facilities.
The third factor, which is closely
related to the second factor, is whether
the costs of title V permitting for these
area sources would be justified, taking
into consideration any potential gains in
compliance likely to occur for such
sources. We explained for the second
factor that the costs of compliance with
title V would impose a significant
burden on nearly all of the
approximately 2,900 plating and
polishing facilities affected by this
proposed rule. We also believe in
considering the first factor that, while
title V might impose additional
requirements, the monitoring,
recordkeeping and reporting
requirements in this proposed NESHAP
would assure compliance with the
equipment standard and management
practices imposed in the NESHAP. In
addition, in our consideration of the
fourth factor, we find that there are
adequate implementation and
enforcement programs in place to assure
compliance with the NESHAP. Because
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the costs, both economic and noneconomic, of compliance with title V are
so high, and the potential for gains in
compliance is low, we propose that title
V permitting is not justified for this
source category. Accordingly, the third
factor supports the proposed title V
exemptions for plating and polishing
area sources.
The fourth factor we considered in
determining if title V is unnecessarily
burdensome is whether there are
implementation and enforcement
programs in place that are sufficient to
assure compliance with the NESHAP
without relying on title V permits. There
are State programs in place to enforce
this area source NESHAP, and we
believe that the State programs will be
sufficient to assure compliance with this
NESHAP. We also note that EPA retains
authority to enforce this NESHAP
anytime under CAA sections 112, 113
and 114. We further note that small
business assistance programs required
by CAA section 507 may be used to
assist area sources that have been
exempted from title V permitting. Also,
States and EPA often conduct voluntary
compliance assistance, outreach, and
education programs (compliance
assistance programs), which are not
required by statute. These additional
programs would supplement and
enhance the success of compliance with
this area source NESHAP. We believe
that the statutory requirements for
implementation and enforcement of this
NESHAP by the delegated States and
EPA, combined with the additional
assistance programs would be sufficient
to assure compliance with this area
source NESHAP without relying on title
V permitting.
In applying the fourth factor in the
Exemption Rule, where EPA had
deferred action on the title V exemption
for several years, we had enforcement
data available to demonstrate that States
were not only enforcing the provisions
of the area source NESHAP that we
exempted, but that the States were also
providing compliance assistance to
assure that the area sources were in the
best position to comply with the
NESHAP. See 70 FR 75325–75326. In
proposing this rule, we do not have
similar data available on the specific
enforcement as in the Exemption rule,
but we have no reason to think that
States will be less diligent in enforcing
this NESHAP. See 70 FR 75326. In fact,
States must have adequate programs to
enforce the section 112 regulations and
provide assurances that they will
enforce all NESHAP before EPA will
delegate the program. See 40 CFR part
63, General Provisions, subpart E.
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In light of all the information
presented here, we believe that there are
implementation and enforcement
programs in place that are sufficient to
assure compliance with the Plating and
Polishing NESHAP without relying on
title V permitting.
Balancing the four factors for this area
source category strongly supports the
proposed finding that title V is
unnecessarily burdensome. While title
V might add additional compliance
requirements if imposed, we believe
that there would not be significant
improvements to the compliance
requirements in the NESHAP because
the requirements in this proposed rule
are specifically designed to assure
compliance with the standards and
management practices imposed on this
area source category. We further
maintain that the economic and noneconomic costs of compliance with title
V, in conjunction with the likely
difficulty this number of small sources
would have obtaining assistance from
the permitting authority, would impose
a significant burden on the sources. In
addition, the high relative costs would
not be justified given that there is likely
to be little or no potential gain in
compliance if title V were required.
And, finally, there are adequate
implementation and enforcement
programs in place to assure compliance
with the NESHAP. Thus, we propose
that title V permitting is ‘‘unnecessarily
burdensome’’ for the Plating and
Polishing area source category.
In addition to evaluating whether
compliance with title V requirements is
‘‘unnecessarily burdensome,’’ EPA also
considered, consistent with guidance
provided by the legislative history of
section 502(a), whether exempting the
Plating and Polishing area source
category from title V requirements
would adversely affect public health,
welfare, or the environment. Exemption
of the Plating and Polishing area source
category from title V requirements
would not adversely affect public
health, welfare, or the environment
because the level of control would
remain the same if a permit were
required. The title V permit program
does not impose new substantive air
quality control requirements on sources,
but instead requires that certain
procedural measures be followed,
particularly with respect to determining
compliance with applicable
requirements. As stated in our
consideration of factor one for this
category, title V would not lead to
significant improvements in the
compliance requirements applicable to
existing or new area sources.
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Furthermore, we explained in the
Exemption Rule that requiring permits
for the large number of area sources
could, at least in the first few years of
implementation, potentially adversely
affect public health, welfare, or the
environment by shifting State agency
resources away from assuring
compliance for major sources with
existing permits to issuing new permits
for these area sources, potentially
reducing overall air program
effectiveness. Based on this analysis, we
believe that title V exemptions for
plating and polishing area sources
would not adversely affect public
health, welfare, or the environment for
all of the reasons previously explained.
For the reasons stated here, we are
proposing to exempt the Plating and
Polishing area source category from title
V permitting requirements.
V. Impacts of the Proposed Standards
A. What are the air impacts?
Since 1990, the plating and polishing
industry has reduced their air impacts
by voluntary controls that were likely
motivated by concerns for worker safety.
These controls would have reduced
approximately 20 tons of the metal HAP
(cadmium, chromium, lead, manganese,
and nickel) attributed to this industry in
the 1990 urban HAP inventory.
Although there are no additional air
emission reductions as a result of this
proposed rule, we believe that this
proposed rule will assure that the
emission reductions made by the
industry since 1990 will be maintained.
Along with the HAP described above,
there is an undetermined amount of PM
that has been co-controlled in thermal
spraying and mechanical polishing
processes that contributed to criteria
pollutant emissions in 1990.
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B. What are the cost impacts?
All facilities are expected to be
achieving the level of control required
by the proposed standard; therefore, no
additional air pollution control devices
or systems are required. Many of the
management and pollution prevention
practices are expected to provide a cost
savings for facilities, as reported by
facilities in the 2006 EPA survey.
Therefore, no capital costs are
associated with this proposed rule. No
operation and maintenance costs are
associated with this proposed rule
because facilities are already following
the manufacturer’s instructions for
operation and maintenance of pollution
control devices and systems.
We estimate the only impact to
affected sources is the labor burden
associated with the reporting and
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recordkeeping requirements. The cost
associated with recordkeeping and
reporting requirements is estimated to
be $722 per facility after the first year,
or less than 0.04 percent of revenues.
Costs for initial notifications in the first
year are estimated at $380 per facility,
for a total of $1,115 per facility in the
first year for all costs. Detailed
information on our impact estimates for
the affected sources is available in the
docket. (See Docket Number EPA–HQ–
OAR–2005–0084.)
C. What are the economic impacts?
This proposed standard is estimated
to impact a total of 2,900 area source
facilities. We estimate that more than
2,600 of these facilities are small
entities. Our analysis indicates that this
proposed rule would not impose a
significant adverse impact on any
facilities, large or small. The economic
impacts are estimated to be less than
0.04 percent of revenues.
D. What are the non-air health,
environmental, and energy impacts?
No detrimental secondary impacts are
expected to occur because all facilities
are currently achieving the GACT level
of control. Therefore, no facilities would
be required to install and operate new
or additional control devices or systems.
In addition, no facilities would be
required to install and operate
monitoring devices or systems.
Therefore, no additional solid waste
would be generated as a result of the PM
and metal HAP emissions collected.
There also are no additional energy
impacts associated with operation of
control devices or monitoring systems.
Because some of the management
practices we are proposing in this
proposed rule also have the potential
co-benefit of reducing water pollution,
there would be a beneficial effect of this
proposed rule to reduce water pollution.
However, today’s proposed regulatory
changes will not: (1) Increase the
amount of discharged wastewater
pollutants at the industry or facility
levels; or (2) interfere with the ability of
facilities in the plating and polishing
area source category to comply with the
Clean Water Act requirements (e.g.,
Metal Finishing Effluent Guidelines, 40
CFR Part 433).
VII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
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October 4, 1993) and is therefore not
subject to review under the EO.
B. Paperwork Reduction Act
The information collection
requirements in this proposed rule have
been submitted for approval to OMB
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. The ICR document
prepared by EPA has been assigned EPA
ICR number 2294.01.
The recordkeeping and reporting
requirements in this proposed rule are
based on the requirements in EPA’s
NESHAP General Provisions to part 63.
This proposed NESHAP requires plating
and polishing area sources to submit an
Initial Notification and a Notification of
Compliance Status according to the
requirements in 40 CFR 63.9 of the
General Provisions to part 63.
Records would be required to
demonstrate compliance with good
operation and maintenance of capture
systems and control devices, use of
wetting agents and fume suppressants,
plating time, use of tank covers, and
other management practices. The owner
or operator of a plating and polishing
facility also is subject to notification and
recordkeeping requirements in 40 CFR
63.9 and 63.10 of the General Provisions
to part 63. Annual compliance
certifications and annual compliance
reports are required instead of the
semiannual excess emissions reports
required by the General Provisions to
part 63.
The average annual burden for this
information collection, averaged over
the first 3 years of this ICR, is estimated
to total 33,568 labor hours per year at
a cost of $1,057,733, which is less than
0.02 percent of revenues. The average
annual reporting burden is 10 hours per
response, with approximately one
response per facility for the 2,900
facilities. The only costs attributable to
the proposed standards are associated
with the monitoring, recordkeeping, and
reporting requirements. There are no
capital, operating, maintenance, or
purchase of services costs expected as a
result of this proposed rule.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, disclose, or
provide information to or for a Federal
agency. This includes the time needed
to review instructions; develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining
information, and disclosing and
providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
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to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR part 63 are listed in 40 CFR part 9.
To comment on the Agency’s need for
this information, the accuracy of the
provided burden estimates, and any
suggested methods for minimizing
respondent burden, including the use of
automated collection techniques, EPA
has established a public docket for this
action, which includes this ICR, under
Docket ID number EPA–HQ–OAR–
2005–0084. Submit any comments
related to the ICR for this proposed rule
to EPA and OMB. See ADDRESSES
section at the beginning of this notice
for where to submit comments to EPA.
Send comments to OMB at the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street, NW., Washington, DC
20503, Attention: Desk Officer for EPA.
Since OMB is required to make a
decision concerning the ICR between 30
and 60 days after March 14, 2008, a
comment to OMB is best assured of
having its full effect if OMB receives it
by April 14, 2008. This final rule will
respond to any OMB or public
comments on the information collection
requirements contained in this proposal.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule would not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small not-for-profit enterprises, and
small governmental jurisdictions.
For the purposes of assessing the
impacts of this proposed rule on small
entities, small entity is defined as: (1) A
small business that meets the Small
Business Administration size standards
for small businesses found at 13 CFR
121.201 (less than 500 employees for
NAICS codes 332813); (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district, or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
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owned and operated and is not
dominant in its field.
After considering the economic
impacts of this proposed rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule is estimated to
impact a total of 2,900 area source
plating and polishing facilities; more
than 2,600 of these facilities are
estimated to be small entities. We have
determined that small entity compliance
costs, as assessed by the facilities’ costto-sales ratio, are expected to be
approximately 0.14 percent. The
analysis also shows that of the more
than 2,600 small entities, no small
entities would incur economic impacts
exceeding 3 percent of its revenue.
Although this proposed rule contains
requirements for new area sources, we
are not aware of any new area sources
being constructed now or planned in the
next 3 years, and consequently, we did
not estimate any impacts for new
sources. Although this proposed rule
will not have a significant economic
impact on a substantial number of small
entities, EPA nonetheless has tried to
reduce the impact of this rule on small
entities. The standards represent
practices and controls that are common
throughout the sources engaged in
plating and polishing. The standards
also require minimal amount of
recordkeeping and reporting needed to
demonstrate and verify compliance.
These standards were developed in
consultation with small business
representatives on the state and national
level and the trade associations that
represent small businesses.
We continue to be interested in the
potential impacts of this proposed
action on small entities and welcome
comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
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number of regulatory alternatives and
adopt the least costly, most costeffective, or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective, or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that this
proposed rule does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and tribal governments,
in the aggregate, or the private sector in
any one year. This proposed rule is not
expected to impact State, local, or tribal
governments. Thus, this proposed rule
is not subject to the requirements of
sections 202 and 205 of the UMRA. EPA
has determined that this proposed rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments. This proposed rule
contains no requirements that apply to
such governments, and impose no
obligations upon them. Therefore, this
proposed rule is not subject to section
203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
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This proposed rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This proposed
rule does not impose any requirements
on State and local governments. Thus,
Executive Order 13132 does not apply
to this proposed rule. In the spirit of
Executive Order 13132, and consistent
with EPA policy to promote
communications between EPA and State
and local governments, EPA specifically
solicits comment on this proposed rule
from State and local officials.
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F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
Executive Order 13175 entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This proposed rule does
not have tribal implications, as specified
in Executive Order 13175. This
proposed rule imposes no requirements
on tribal governments. Thus, Executive
Order 13175 does not apply to this
proposed rule. EPA specifically solicits
additional comment on this proposed
rule from tribal officials.
G. Executive Order 13045: Protection of
Children from Environmental Health
and Safety Risks
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
EPA must evaluate the environmental
health or safety effects of the planned
rule on children, and explain why the
planned regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency.
EPA interprets EO 13045 (62 FR
19885, April 23, 1997) as applying to
those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the Order has the potential to influence
the regulation. This action is not subject
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to EO 13045 because it is based solely
on technology performance.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113 (15 U.S.C. 272 note) directs
EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This proposed rulemaking does not
involve technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards. EPA
welcomes comments on this aspect of
the proposed rulemaking and,
specifically, invites the public to
identify potentially-applicable
voluntary consensus standards and to
explain why such standards should be
used in this regulation.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. EPA
has determined that this proposed rule
would not have disproportionately high
and adverse human health or
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environmental effects on minority or
low-income populations because it
increases the level of environmental
protection for all affected populations
without having any disproportionately
high and adverse human health or
environmental effects on any
population, including any minority or
low-income population. The nationwide
standards would reduce HAP emissions
and thus decrease the amount of
emissions to which all affected
populations are exposed.
List of Subjects in 40 CFR Part 63
Environmental protection, Air
pollution control, Hazardous
substances, Incorporations by reference,
Reporting and recordkeeping
requirements.
Dated: March 6, 2008.
Stephen L. Johnson,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is
proposed to be amended as follows:
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Part 63 is amended by adding
subpart WWWWWW to read as follows:
Subpart WWWWWW—National
Emission Standards for Hazardous Air
Pollutants: Area Source Standards for
Plating and Polishing Operations
Sec.
Applicability and Compliance Dates
63.11475 Am I subject to this subpart?
63.11480 What parts of my plant does this
subpart cover?
63.11485 What are my compliance dates?
Standards and Compliance Requirements
63.11490 What are my standards and
management practices?
63.11495 What are my compliance
requirements?
63.11500 What are my notification,
reporting, and recordkeeping
requirements?
Other Requirements and Information
63.11505 What General Provisions apply to
this subpart?
63.11510 What definitions apply to this
subpart?
63.11512 Who implements and enforces
this subpart?
63.11513 [Reserved]
Tables to Subpart WWWWWW of Part 63
Table 1 to Subpart WWWWWW of Part 63—
Applicability of General Provisions to Plating
and Polishing Area Sources
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Subpart WWWWWW—National
Emission Standards for Hazardous Air
Pollutants: Area Source Standards for
Plating and Polishing Operations
Applicability and Compliance Dates
§ 63.11475
Am I subject to this subpart?
(a) You are subject to this subpart if
you own or operate a plating and
polishing facility that is an area source
of hazardous air pollutant (HAP)
emissions and meets the criteria
specified in paragraphs (a)(1) through
(3) of this section.
(1) A plating and polishing facility is
a plant site that is engaged in one or
more of the processes listed in
paragraphs (a)(1)(i) through (vi) of this
section.
(i) Electroplating other than
chromium electroplating (i.e., nonchromium electroplating).
(ii) Electroless plating.
(iii) Other non-electrolytic metal
coating processes, such as chromate
conversion coating and thermal
spraying.
(iv) Dry mechanical polishing of
finished metals and formed products
after plating.
(v) Electroforming.
(vi) Electropolishing.
(2) An area source of HAP emissions
is any stationary source or group of
stationary sources within a contiguous
area under common control that does
not have the potential to emit any single
HAP at a rate of 9.07 megagrams per
year (Mg/yr) (10 tons per year (tpy)) or
more or any combination of HAP at a
rate of 22.68 Mg/yr (25 tpy) or more.
(3) Your plating and polishing facility
uses or has emissions of compounds of
one or more plating and polishing metal
HAP, which means any compound of
any of the following metals: cadmium,
chromium, lead, manganese, and nickel,
as defined in § 63.11510, ‘‘What
definitions apply to this subpart?’’
(b) [Reserved]
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§ 63.11480 What parts of my plant does
this subpart cover?
(a) This subpart applies to each new
or existing affected sources, as specified
in paragraphs (a)(1) through (3) of this
section, at all times. A new source is
defined in § 63.11510, ‘‘Definitions.’’
(1) Each tank that contains
compounds of one or more of the
plating and polishing metal HAP and is
used for non-chromium electroplating;
electroforming; electropolishing;
electroless plating; or other nonelectrolytic metal coating operations,
such as chromate conversion coating,
nickel acetate sealing, sodium
dichromate sealing, and manganese
phosphate coating.
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(2) Each thermal spraying operation
that applies compounds of one or more
of the plating and polishing metal HAP.
(3) Each dry mechanical polishing
operation that emits one or more of the
plating and polishing metal HAP.
(b) An affected source is existing if
you commenced construction,
reconstruction, or operation of the
affected source before March 14, 2008.
(c) An affected source is new if you
commenced construction,
reconstruction, or operation of the
affected source on or after March 14,
2008.
(d) This subpart does not apply to
research and development process
units, as defined in § 63.11510,
‘‘Definitions.’’
(e) This subpart does not apply to
sources that are subject to the
requirements of 40 CFR part 63, subpart
N (National Emission Standards for
Chromium Emissions From Hard and
Decorative Chromium Electroplating
and Chromium Anodizing Tanks).
(f) You are exempt from the obligation
to obtain a permit under 40 CFR part 70
or 40 CFR part 71, ‘‘Title V,’’ provided
you are not otherwise required to obtain
a permit under 40 CFR 70.3(a) or 40 CFR
71.3(a) for a reason other than your
status as an area source under this
subpart. Notwithstanding the previous
sentence, you must continue to comply
with the provisions of this subpart
applicable to area sources.
§ 63.11485
dates?
What are my compliance
(a) If you own or operate an existing
affected source, you must achieve
compliance with the applicable
provisions of this subpart by not later
than 2 years after the date of publication
of the final rule in the Federal Register.
(b) If you own or operate a new
affected source for which the initial
startup date is on or before the date of
publication of the final rule in the
Federal Register, you must achieve
compliance with the provisions of this
subpart not later than the date of
publication of the final rule in the
Federal Register.
(c) If you own or operate a new
affected source for which the initial
startup date is after the date of
publication of the final rule in the
Federal Register, you must achieve
compliance with the provisions of this
subpart upon initial startup of your
affected source.
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Standards and Compliance
Requirements
§ 63.11490 What are my standards and
management practices?
(a) If you own or operate an affected
new or existing non-cyanide
electroplating, electroforming, or
electropolishing tank (hereafter referred
to as an ‘‘electrolytic’’ process tank, as
defined in § 63.11510, ‘‘Definitions’’),
that operates at a pH of less than 12, you
must comply with either the
requirements in paragraph (a)(1) or
(a)(2) of this section.
(1) You must use a wetting agent/
fume suppressant in the bath of the
affected tank according to paragraphs
(a)(1)(i) and (ii) of this section.
(i) You must initially add the wetting
agent/fume suppressant in the amounts
recommended by the manufacturer for
the specific type of wetting agent/fume
suppressant process.
(ii) You must add wetting agent/fume
suppressant in proportion to the other
bath chemistry ingredients that are
added to replenish the tank bath, as in
the original make-up of the tank.
(2) Alternatively, you must capture
and exhaust emissions from the affected
tank to any one of the following add-on
emission control devices: Composite
mesh pad, packed bed scrubber, mesh
pad mist eliminator, or any other device
that is shown to achieve at least
equivalent control of metal HAP
emissions, according to § 63.6(g), of the
General Provisions of this part (40 CFR
part 63, subpart A).
(b) If you own or operate an affected
new or existing ‘‘flash’’ or short-term
electroplating tank, as defined in
§ 63.11510 ‘‘Definitions,’’ you must
comply with either the requirement in
paragraph (b)(1) or (b)(2) of this section.
(1) You must limit short-term or flash
electroplating to no more than 1 hour
per day or 3 minutes per hour of plating
time.
(2) You must use a tank cover, as
defined in § 63.11510 ‘‘Definitions,’’ for
at least 95 percent of the plating time.
(c) If you own or operate affected new
or existing dry mechanical polishing
equipment, you must operate a capture
system that captures particulate matter
(PM) emissions from the dry mechanical
polishing process and transport the
emissions to a cartridge, fabric, or HEPA
filter or other device that achieves
equivalent control of PM, which is a
surrogate for metal HAP emissions,
according to paragraphs (c)(1) through
(3) of this section.
(1) You must operate all capture and
control devices according to the
manufacturer’s specifications and
operating instructions.
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(2) You must keep the manufacturer’s
specifications and operating
instructions at the facility at all times in
a location where it can be easily
accessed by the operators.
(3) If you use a control device other
than one of the devices listed in
paragraph (c) of this section, you must
establish that the alternate control
device is at least equivalent, according
to § 63.6(g) of the General Provisions of
this part.
(d) If you own or operate affected
existing thermal spraying operation, you
must operate a capture system that
collects PM emissions, which is a
surrogate for plating and polishing
metal HAP emissions, from the thermal
spraying process and transport the
emissions to a water curtain, fabric
filter, high efficiency particulate air
(HEPA) filter, or other device that
achieves equivalent control of PM
emissions, which is a surrogate for
plating and polishing metal HAP
emissions, according to paragraphs
(d)(1) through (3) of this section.
(1) You must operate all capture and
control devices according to the
manufacturer’s specifications and
instructions.
(2) You must keep the manufacturer’s
operating instructions at the facility at
all times in a location where it can be
easily accessed by the operators.
(3) If you use a control device other
than one of the devices listed in
paragraph (d) of this section, you must
establish that the alternate control
device is at least equivalent according to
§ 63.6(g) of the General Provisions of
this part.
(e) If you own or operate an affected
new thermal spraying operation, you
must operate a capture system that
collects PM emissions from the thermal
spraying process and transport the
emissions to a fabric or HEPA filter, or
other device that achieves equivalent
control of PM emissions, which is a
surrogate for plating and polishing
metal HAP emissions, according to
paragraphs (e)(1) through (3) of this
section.
(1) You must operate all capture and
control devices according to the
manufacturer’s specifications and
instructions.
(2) You must keep the manufacturer’s
operating instructions at the facility at
all times in a location where it can be
easily accessed by the operators.
(3) If you use a control device other
than one of the devices listed in
paragraph (e) of this section, you must
establish that the alternate control
device is at least equivalent according to
§ 63.6(g) of the General Provisions of
this part.
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(f) If you own or operate an affected
new or existing plating and polishing
process tank, you must meet the
management practices specified in
paragraphs (f)(1) through (5) of this
section.
(1) Minimize bath agitation when
removing any tank parts.
(2) Maximize dripping of bath
solution back into the tank by extending
drip time when removing the tank
objects and using drain boards (also
known as drip shields).
(3) Optimize the design of barrels,
racks, and parts to minimize dragout of
bath solution, such as by using slotted
barrels and tilted racks, or by designing
parts with flow-through holes to allow
the tank solution to drip back into the
tank.
(4) Use tank covers, if already owned
and available at the facility, whenever
practicable (i.e., not during lifting or
lowering parts).
(5) Minimize or reduce heating during
tank operation and when tanks are not
in use.
§ 63.11495 What are my compliance
requirements?
(a) If you own or operate an affected
source, you must submit a Notification
of Compliance Status in accordance
with § 63.9(h) of the General Provisions
of this part, and § 63.11500(b) of
‘‘Notification, Reporting, and
Recordkeeping.’’
(b) You must be in compliance with
the applicable management practices
and equipment standards in this subpart
at all times, except during periods of
startup, shutdown, and malfunction.
(c) To demonstrate initial compliance,
you must satisfy the requirements
specified in paragraphs (c)(1) through
(7) of this section.
(1) If you own or operate an affected
electroplating, electroforming, or
electropolishing tank that is subject to
the requirements in § 63.11490(a),
‘‘What are my standards and
management practices,’’ and you use a
wetting agent/fume suppressant to
comply with this subpart, you must
demonstrate initial compliance
according to paragraphs (c)(1)(i) through
(iv) of this section.
(i) You must add wetting agent/fume
suppressant to the bath of each affected
tank according to manufacturer’s
specifications and instructions.
(ii) You must certify that you add
wetting agent/fume suppressant to the
bath according to manufacturer’s
specifications and instructions.
(iii) You must implement the
management practices specified in
§ 63.11490(f), ‘‘Standards and
Management Practices.’’
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(iv) You must certify that you have
implemented the management practices.
(2) Alternatively, if you own or
operate an affected electroplating,
electroforming, or electropolishing tank
that is subject to the requirements in
§ 63.11490(a), ‘‘Standards and
Management Practices,’’ and you use a
control system, as defined in § 63.11510,
‘‘What definitions apply to this
subpart,’’ to comply with the
requirements of § 63.11490(a)(1), you
must demonstrate initial compliance
according to paragraphs (c)(2)(i) through
(vi) of this section.
(i) You must install a control system
designed to capture emissions from the
affected tank and exhaust them to a
composite mesh pad, packed bed
scrubber, or mesh pad mist eliminator,
or other device that achieves equivalent
control of metal HAP, according to
manufacturer’s specifications and
instructions.
(ii) You must certify that you have
installed the control system according to
the manufacturer’s specifications and
instructions.
(iii) If you choose to use a control
device other than one the devices listed
in paragraph (c)(2)(i) of this section, you
must establish that the alternate control
device is at least equivalent than these
control devices according to § 63.6(g) of
the General Provisions of this part.
(iv) You must implement the
management practices specified in
§ 63.11490(f) ‘‘Standards and
Management Practices,’’ as practicable.
(v) You must certify that you have
implemented the management practices
specified in § 63.11490(f) ‘‘Standards
and Management Practices,’’ as
practicable.
(vi) You must maintain the
manufacturer’s specifications and
operating instructions for the control
systems at all times.
(3) If you own or operate an affected
flash or short-term electroplating tank
that is subject to the requirements in
§ 63.11490(b), ‘‘Standards and
Management Practices,’’ and you
comply with this subpart by limiting the
plating time of the affected tank, you
must demonstrate initial compliance
according to paragraphs (c)(3)(i) through
(iii) of this section.
(i) You must certify that you limit
short-term or flash electroplating to no
more than 1 hour per day, or 3 minutes
per hour of plating time.
(ii) You must implement the
management practices specified in
§ 63.11490(f) ‘‘Standards and
Management Practices,’’ as practicable.
(iii) You must certify that you have
implemented the management practices
specified in § 63.11490(f) ‘‘Standards
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and Management Practices,’’ as
practicable.
(4) If you own or operate an affected
flash or short-term electroplating tank
that is subject to the requirements in
§ 63.11490(b), ‘‘Standards and
Management Practices,’’ and you
comply by operating the affected tank
with a cover, you must demonstrate
initial compliance according to
paragraphs (c)(4)(i) through (iv) of this
section.
(i) You must install a tank cover on
the affected tank.
(ii) You must certify that you operate
the tank with the cover in place at least
95 percent of the plating time.
(iii) You must implement the
management practices specified in
§ 63.11490(f) ‘‘Standards and
Management Practices.’’
(iv) You must certify that you have
implemented the management practices
specified in § 63.11490(f), ‘‘Standards
and Management Practices.’’
(5) If you own or operate an affected
dry mechanical polishing operation that
is subject to the requirements in
§ 63.11490(c), ‘‘Standards and
Management Practices,’’ you must
demonstrate initial compliance
according to paragraphs (c)(5)(i) and (iv)
of this section.
(i) You must install a control system
that is designed to capture PM
emissions, which is a surrogate for
plating and polishing metal HAP
emissions, from the polishing operation
and exhaust them to a cartridge, fabric,
or HEPA filter, or other equivalent
control device.
(ii) You must certify that you have
installed the control system according to
the manufacturer’s specifications and
instructions.
(iii) If you choose to use a control
device other than one the devices listed
in paragraph (c)(5)(i) of this section, you
must establish that the alternate control
device is at least equivalent than these
control devices according to § 63.6(g) of
the General Provisions of this part.
(iv) You must keep the manufacturer’s
operating instructions at the facility at
all times in a location where it can be
easily accessed by the operators.
(6) If you own or operate an existing
affected thermal spraying operation that
is subject to the requirements in
§ 63.11490(d), ‘‘Standards and
Management Practices,’’ you must
demonstrate initial compliance
according to paragraphs (c)(6)(i) through
(iv) of this section.
(i) You must install a control system
that is designed to capture PM
emissions, which is a surrogate for
plating and polishing metal HAP
emissions, from the thermal spaying
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operation and exhaust them to a water
curtain, fabric filter, HEPA filter, or
equivalent control device.
(ii) You must certify that you have
installed and are operating the control
system according to the manufacturer’s
specifications and instructions.
(iii) If you choose to use a control
device other than one the devices listed
in paragraph (c)(6)(i) of this section, you
must establish that the alternate control
device is at least equivalent to these
control devices according to § 63.6(g) of
the General Provisions of this part.
(iv) You must keep the manufacturer’s
operating instructions at the facility at
all times in a location where it can be
easily accessed by the operators.
(7) If you own or operate a new
affected thermal spraying operation that
is subject to the requirements in
§ 63.11490(e), ‘‘Standards and
Management Practices,’’ you must
demonstrate initial compliance
according to paragraphs (c)(7)(i) through
(iv) of this section.
(i) You must install and operate a
control system that is designed to
capture PM emissions, which is a
surrogate for plating and polishing
metal HAP emissions, from the thermal
spaying operation and exhaust them to
a fabric or HEPA filter, or equivalent
control device.
(ii) You must certify that you have
installed and operate the control system
according to the manufacturer’s
specifications and instructions.
(iii) If you choose to use a control
device other than one the devices listed
in paragraph (c)(7)(i) of this section, you
must establish that the alternate control
device is at least equivalent to these
control devices according to § 63.6(g) of
the General Provisions of this part.
(iv) You must keep the manufacturer’s
operating instructions at the facility at
all times in a location where it can be
easily accessed by the operators.
(d) To demonstrate continuous
compliance with the applicable
management practices and equipment
standards specified in this subpart, you
must satisfy the requirements specified
in paragraphs (d)(1) through (7) of this
section.
(1) You must always operate and
maintain your affected source, including
air pollution control equipment,
according to the provisions in
§ 63.6(e)(1)(i) of the General Provisions
of this part.
(2) You must submit an annual
compliance certification according the
requirements specified in § 63.11500(c),
‘‘Notification, Reporting, and
Recordkeeping.’’
(3) If you own or operate an affected
electroplating, electroforming, or
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electropolishing tank that is subject to
the requirements in § 63.11490(a),
‘‘Standards and Management Practices,’’
and you use a wetting agent/fume
suppressant to comply with this
subpart, you must demonstrate
continuous compliance according to
paragraphs (d)(3)(i) through (iii) of this
section.
(i) You must record that you have
added the wetting agent/fume
suppressant to the tank bath in the
original make-up of the tank.
(ii) For tanks where the wetting agent/
fume suppressant is a separate
purchased ingredient from the other
tank additives, you must demonstrate
continuous compliance according to
paragraphs (d)(3)(ii)(A) and (B) this
section.
(A) You must add wetting agent/fume
suppressant in proportion to the other
bath chemistry ingredients that are
added to replenish the tank bath, as in
the original make-up of the tank.
(B) You must record each addition of
wetting agent/fume suppressant to the
tank bath.
(iii) You must state in your annual
compliance certification that you have
added wetting agent/fume suppressant
to the bath according to the
manufacturer’s specifications and
instructions.
(4) If you own or operate an affected
electroplating, electroforming, or
electropolishing tank that is subject to
the requirements in § 63.11490(a),
‘‘Standards and Management Practices,’’
and you use a control system to comply
with this subpart; an affected dry
mechanical polishing operation that is
subject to § 63.11490(c); or an affected
thermal spraying operation that is
subject to § 63.11490(d) or (e), you must
demonstrate continuous compliance
according to paragraphs (d)(4)(i) through
(v) of this section.
(i) You must operate and maintain the
control system according to the
manufacturer’s specifications and
instructions.
(ii) Following any malfunction or
failure of the capture or control devices
to operate properly, you must take
immediate corrective action to return
the equipment to normal operation
according to the manufacturer’s
specifications and operating
instructions.
(iii) You must state in your annual
certification that you have operated and
maintained the control system
according to the manufacturer’s
specifications and instructions.
(iv) You must record the results of all
control system inspections, deviations
from proper operation, and any
corrective action taken.
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(v) You must keep the manufacturer’s
operating instructions at the facility at
all times in a location where it can be
easily accessed by the operators.
(5) If you own or operate an affected
flash or short-term electroplating tank
that is subject to the requirements in
§ 63.11490(b), ‘‘Standards and
Management Practices,’’ and you
comply with this subpart by limiting the
plating time for the affected tank, you
must demonstrate continuous
compliance according to paragraphs
(d)(5)(i) through (iii) of this section.
(i) You must limit short-term or flash
electroplating to no more than 1 hour
per day or 3 minutes per hour of plating
time.
(ii) You must record the times that the
affected tank is operated each day.
(iii) You must state in your annual
compliance certification that you have
limited short-term or flash
electroplating to no more than 1 hour
per day or 3 minutes per hour of plating
time.
(6) If you own or operate an affected
flash or short-term electroplating tank
that is subject to the requirements in
§ 63.11490(b), ‘‘Standards and
Management Practices,’’ and you
comply by operating the affected tank
with a cover, you must demonstrate
continuous compliance according to
paragraphs (d)(6)(i) through (iii) of this
section.
(i) You must operate the tank with the
cover in place at least 95 percent of the
plating time.
(ii) You must record the times that the
plating tank is operated and the times
that the tank is covered on a daily basis.
(iii) You must state in your annual
certification that you have operated the
tank with the cover in place at least 95
percent of the plating time.
(7) If you own or operated an affected
tank that is subject to the management
practices specified in § 63.11490(f),
‘‘Standards and Management Practices,’’
you must demonstrate continuous
compliance according to paragraphs
(d)(7)(i) and (ii) of this section.
(i) You must implement the
management practices during all times
that the affected tank is in operation.
(ii) You must state in your annual
compliance certification that you have
implemented the management practices.
(8) If you own or operated an affected
tank that uses cyanide in the bath and
is subject to the requirements in
§ 63.11490 (a) through (f), ‘‘Standards
and Management Practices,’’ you must
measure the pH of the tank upon startup and state the result in your annual
compliance certification.
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§ 63.11500 What are my notification,
reporting, and recordkeeping
requirements?
(a) If you own or operate an affected
source, as defined in § 63.11480(a)
‘‘What parts of my plant are covered?’’,
you must submit an Initial Notification
in accordance with § 63.9(b) of the
General Provisions of this part, and
paragraphs (a)(1) through (4) of this
section by the dates specified.
(1) The Initial Notification must
include the information specified in
§ 63.9(b)(2)(i) through (iv) of the General
Provisions of this part.
(2) The Initial Notification must
include a description of the compliance
method (e.g., use of wetting agent/fume
suppressant) for each affected source.
(3) As specified in § 63.9(b)(2) and (3)
of the General Provisions of this part, if
you start up your affected source before
the date of publication of the final rule
in the Federal Register, you must
submit an Initial Notification not later
than 120 calendar days after the date of
publication of the final rule in the
Federal Register.
(4) As specified in § 63.9(b)(3) of the
General Provisions of this part , if you
start up your new affected source on or
after the date of publication of the final
rule in the Federal Register, you must
submit an Initial Notification not later
than 120 calendar days after you
become subject to this subpart.
(b) If you own or operate an affected
source, you must submit a Notification
of Compliance Status in accordance
with § 63.9(h), of the General Provisions
of this part, and paragraphs (b)(1) and
(2) of this section.
(1) The Notification of Compliance
Status must be submitted before the
close of business on the compliance
date specified in § 63.11485 ‘‘What are
my compliance dates?’’, according to
§ 63.10(d)(2), of the General Provisions
of this part.
(2) The Notification of Compliance
Status must include the items specified
in paragraphs (b)(2)(i) through (iv) of
this section.
(i) List of affected sources and the
HAP used in, or emitted by, those
sources.
(ii) Methods used to comply with the
applicable management practices and
equipment standards.
(iii) Description of the capture and
emission control systems used to
comply with the applicable equipment
standards.
(iv) Statement by the owner or
operator of the affected source as to
whether the source has complied with
the applicable standards or other
requirements.
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(c) If you own or operate an affected
source, you must submit an annual
certification of compliance according to
paragraphs (c)(1) through (5) of this
section.
(1) If you own or operate an affected
electroplating, electroforming, or
electropolishing tank that is subject to
the requirements in § 63.11490(a),
‘‘Standards and Management Practices,’’
you must state in your annual
compliance certification that you have
added wetting agent/fume suppressant
to the bath according to the
manufacturer’s specifications and
instructions.
(2) If you own or operate any one of
the following three affected sources:
(i) An electroplating, electroforming,
or electropolishing tank that is subject
to the requirements in § 63.11490(a),
‘‘Standards and Management Practices,’’
and you use a control system to comply
with this subpart;
(ii) A dry mechanical polishing
operation that is subject to
§ 63.11490(c); or
(iii) A thermal spraying operation that
is subject to § 63.11490(d) or (e), then
you must state in your annual
certification that you have operated and
maintained the control system
according to the manufacturer’s
specifications and instructions.
(3) If you own or operate an affected
flash or short-term electroplating tank
that is subject to the requirements in
§ 63.11490(b), ‘‘Standards and
Management Practices,’’ and you
comply with this subpart by limiting the
plating time for the affected tank, you
must state in your annual compliance
certification that you have limited shortterm or flash electroplating to no more
than 1 hour per day or 3 minutes per
hour of plating time.
(4) If you own or operate an affected
flash or short-term electroplating tank
that is subject to the requirements in
§ 63.11490(b), ‘‘Standards and
Management Practices,’’ and you
comply by operating the affected tank
with a cover, you must state in your
annual certification that you have
operated the tank with the cover in
place at least 95 percent of the plating
time.
(5) If you own or operate an affected
tank that is subject to the management
practices specified in § 63.11490(f),
‘‘Standards and Management Practices,’’
you must state in your annual
compliance certification that you have
implemented the management practices.
(6) If you own or operated an affected
tank that uses cyanide in the bath and
is subject to the requirements in
§ 63.11490 (a) through (f), ‘‘Standards
and Management Practices,’’ you must
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state the pH of the tank in your annual
compliance certification.
(d) If you own or operate an affected
source, and any deviations from the
compliance requirements specified in
this subpart occurred during the year,
you must report the deviations, along
with the corrective action taken, in your
annual compliance certification.
(e) You must keep the records
specified in paragraphs (e)(1) through
(4) of this section.
(1) A copy of any Initial Notification
and Notification of Compliance Status
that you submitted and all
documentation supporting those
notifications, according to the
requirements in § 63.10(b)(2)(xiv) of the
General Provisions of this part.
(2) The records in § 63.6(e)(3)(iii)
through (v) of the General Provisions of
this part, related to startup, shutdown,
and malfunction.
(3) The records specified in
§ 63.10(b)(2) and (c)(1) through (13), of
the General Provisions of this part.
(4) The records required to show
continuous compliance with each
management practice and equipment
standard that applies to you, as
specified in § 63.11495(d), ‘‘What are
my compliance requirements?’’
(f) As specified in § 63.10(b)(1), of the
General Provisions of this part, you
must keep each record for a minimum
of 5 years following the date of each
occurrence, measurement, maintenance,
corrective action, report, or record. You
must keep each record onsite for at least
2 years after the date of each occurrence,
measurement, maintenance, corrective
action, report, or record, according to
§ 63.10(b)(1). You may keep the records
offsite for the remaining 3 years.
Other Requirements and Information
§ 63.11505 What General Provisions apply
to this subpart?
If you own or operate a new or
existing affected source, you must
comply with the requirements of the
General Provisions (40 CFR part 63,
subpart A) according to Table 1 of this
subpart.
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§ 63.11510
subpart?
What definitions apply to this
Terms used in this subpart are
defined in this section.
Add-on control device means
equipment installed on a capture or
exhaust system that reduces the
quantity of a pollutant that is emitted to
the air.
Bath means the liquid contents of a
tank that is used for electroplating,
electroforming, electropolishing, or
other metal coating processes at a
plating and polishing facility.
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Capture system means the collection
of components used to capture gases
and fumes released from one or more
emissions points and then convey the
captured gas stream to an add-on
control device, as part of a complete
control system. A capture system may
include, but is not limited to, the
following components as applicable to a
given capture system design: Duct
intake devices, hoods, enclosures,
ductwork, dampers, manifolds,
plenums, and fans.
Cartridge filter means a type of addon control device that uses perforated
metal cartridges containing a pleated
paper or non-woven fibrous filter media
to remove PM, which is a surrogate for
plating and polishing metal HAP
emissions, from a gas stream by sieving
and other mechanisms. Cartridge filters
can be designed with single use
cartridges, which are removed and
disposed after reaching capacity, or
continuous use cartridges, which
typically are cleaned by means of a
pulse-jet mechanism.
Composite mesh pad means a type of
add-on control device similar to a mesh
pad mist eliminator except that the
device is designed with multiple pads
in series that are woven with layers of
material with varying fiber diameters,
which produce a coalescing effect on
the droplets or PM, which is a surrogate
for plating and polishing metal HAP,
that impinge upon the pads.
Control device means equipment that
is part of a control system that collects
and/or reduces the quantity of a
pollutant that is emitted to the air. The
control device receives emissions that
are transported from the process by the
capture system.
Control system means the
combination of a capture system and an
add-on control device. The capture
system is designed to collect and
transport air emissions from the affected
source to the control device. The overall
control efficiency of any control system
is a combination of the ability of the
system to capture the air emissions (i.e.,
the capture efficiency) and the control
device efficiency. Consequently, it is
important to achieve good capture to
ensure good overall control efficiency.
Capture devices that are known to
provide high capture efficiencies
include hoods, enclosures, or any other
duct intake devices with ductwork,
dampers, manifolds, plenums, or fans.
Cyanide plating means plating
processes performed in tanks that use
cyanide as a major bath ingredient.
Electroplating and electroforming are
performed with or without cyanide. The
cyanide in the bath works to dissolve
the HAP metal added as a cyanide
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compound (e.g., cadmium cyanide) and
creates free cyanide in solution, which
helps to corrode the anode. These tanks
are self-regulating to a pH of 12 due to
the caustic nature of the cyanide bath
chemistry. The cyanide in the bath is a
major bath constituent and not an
additive; however, the self-regulating
chemistry of the bath causes the bath to
act as if wetting agents/fume
suppressants (WAFS) are being used
and to ensure an optimum plating
process. All cyanide plating baths at pH
greater than or equal to 12 have cyanidemetal complexes in solution. The metal
HAP to be plated is not emitted because
it is either bound in the metal-cyanide
complex or reduced at the cathode to
elemental metal, and plated onto the
immersed parts. Cyanide baths are not
intentionally operated at pH less 12
since unfavorable plating conditions
would occur in the tank, among other
negative effects.
Deviation means any instance in
which an affected source or an owner or
operator of such an affected source:
(1) Fails to meet any requirement or
obligation established by this rule
including, but not limited to, any
equipment standard (including
emissions and operating limits),
management practice, or operation and
maintenance requirement;
(2) Fails to meet any term or condition
that is adopted to implement an
applicable requirement in this rule and
that is included in the operating permit
for any affected facility required to
obtain such a permit; or
(3) Fails to meet any equipment
standard (including emission and
operating limits), management standard,
or operation and maintenance
requirement in this rule during startup,
shutdown, or malfunction, regardless of
whether or not such failure is permitted
by this part.
Dry mechanical polishing means a
process used for removing defects from
and smoothing a metal surface using
hard-faced wheels or belts to which
abrasives have been applied, and where
no liquids or fluids are used to trap the
removed metal particles.
Electroforming means an electrolytic
process used for fabricating metal parts
that is essentially the same as
electroplating except that the plated
substrate (mandrel) is removed, leaving
only the metal plate. In electroforming,
the metal plate is self-supporting and
generally thicker than in electroplating.
Electroless plating means a nonelectrolytic process in which metallic
ions in a plating bath or solution are
reduced to form a metal coating at the
surface of a catalytic substrate without
the use of external electrical energy.
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Electroless plating is also called nonelectrolytic plating.
Electrolytic plating and polishing
processes means electroplating,
electroforming, and electropolishing, as
described in this section, which are the
processes in the plating and polishing
area source category in which metallic
ions in a plating bath or solution are
reduced to form a metal coating on the
surface of parts and products using
electrical energy.
Electroplating means an electrolytic
process in which metal ions in solution
are reduced onto the surface of the work
piece (the cathode) via an electrical
current. The metal ions in the solution
are usually replenished by the
dissolution of metal from solid metal
anodes fabricated of the same metal
being plated, or by direct replenishment
of the solution with metal salts or
oxides; electroplating is also called
electrolytic plating.
Electropolishing means an electrolytic
process, in which a work piece is
attached to an anode immersed in a
bath, and the metal substrate is
dissolved electrolytically, thereby
removing the surface contaminant;
electropolishing is also called
electrolytic polishing.
Fabric filter means a type of add-on
air control device used for collecting
PM, which is a surrogate for plating and
polishing metal HAP, by filtering a
process exhaust stream through a filter
or filter media. A fabric filter is also
known as a baghouse.
Flash electroplating means an
electrolytic process that is used no more
than 3 continuous minutes per hour in
duration.
General Provisions of this part (40
CFR part 63, subpart A) means the
section of the Code of Federal
Regulations (CFR) that addresses air
pollution rules that apply to all HAP
sources addressed in part 63, which
includes the National Emission
Standards for Hazardous Air Pollutants
(NESHAP).
HAP means hazardous air pollutant as
defined from the list of 188 chemicals
and compounds specified in the Clean
air Act Amendments of 1990; HAP are
also called ‘‘air toxics.’’
High efficiency particulate air (HEPA)
filter means a type of add-on control
device that uses an air filter composed
of a mat of randomly arranged fibers and
is designed to remove at least 99.97
percent of airborne particles that are 0.3
micrometers or larger in diameter.
Mesh pad mist eliminator means a
type of add-on control device,
consisting of layers of interlocked
filaments densely packed between two
supporting grids that remove liquid
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droplets and PM, which is a surrogate
for plating and polishing metal HAP,
from the gas stream through inertial
impaction and direct interception.
Metal coating operation means any
process performed in a tank containing
liquids that applies one or more plating
and polishing HAP metals to parts and
products used in manufacturing; these
processes include but are not limited to:
Non-chromium electroplating;
electroforming; electropolishing; and
other non-electrolytic metal coating
processes, such as chromate conversion
coating, phosphate coating; and thermal
spraying.
New source means any affected source
where you commenced construction or
reconstruction on or after the
publication of this rule.
Non-cyanide electrolytic plating and
electropolishing processes means
electroplating, electroforming, and
electropolishing, as described in this
section, performed without cyanide in
the tank. These processes that do not
use cyanide in the tank operate at pH
values less than 12. These processes use
electricity and add or remove metals
such as metal HAP from parts and
products used in manufacturing. Both
electroplating and electroforming can be
performed with cyanide as well.
Non-electrolytic plating means a
process in which metallic ions in a
plating bath or solution are reduced to
form a metal coating at the surface of a
catalytic substrate without the use of
external electrical energy. Nonelectrolytic plating is also called
electroless plating.
Packed-bed scrubber means a type of
add-on control device that includes a
single or double packed bed that
contains packing media on which PM,
which is a surrogate for plating and
polishing metal HAP, and droplets
impinge and are removed from the gas
stream. The packed-bed section of the
scrubber is followed by a mist
eliminator to remove any water
entrained from the packed-bed section.
Plating and polishing facility means a
facility engaged in one or more of the
following processes: Electroplating
processes other than chromium
electroplating (i.e., non-chromium
electroplating); electroless plating; other
non-electrolytic metal coating processes,
such as chromate conversion coating
and thermal spraying; and the polishing
of finished metals and formed products
after plating.
Plating and polishing metal HAP
means any compound of any of the
following metals: cadmium, chromium,
lead, manganese, and nickel. Plating
and Polishing was listed as an area
source category based on emissions of
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these HAP metals, which are included
in the list of urban HAP in EPA’s
Integrated Urban Air Toxics Strategy.
Plating and polishing process tanks
means any tank in which a process is
performed at affected plating and
polishing facility that uses or has the
potential to emit plating and polishing
metal HAP. The processes performed in
plating and polishing tanks include the
following: Electroplating processes
other than chromium electroplating (i.e.,
non-chromium electroplating)
performed in a tank; electroless plating;
and non-electrolytic metal coating
processes, such as chromate conversion
coating; and electropolishing. This term
does not include thermal spraying or
dry polishing with machines.
PM means solid or particulate matter
that is emitted into the air. For the
purposes of this rule, PM emissions are
a surrogate pollutant for control of
plating and polishing metal HAP
emissions.
Research and development process
unit means any process unit that is used
for conducting research and
development for new processes and
products and is not used to manufacture
products for commercial sale, except in
a de minimis manner.
Short-term or ‘‘flash’’ electroplating
means an electroplating process that is
used no more than 3 minutes per hour
in duration.
Tank cover means a solid structure
made of an impervious material that is
designed to cover the entire open
surface of a tank used for plating or
other metal coating process.
Thermal spraying (also referred to as
metal spraying or flame spraying) is a
process in which a metallic coating is
applied by projecting molten or semimolten metal particles onto a substrate.
Commonly-used thermal spraying
methods include high velocity oxy-fuel
(HVOF) spraying, flame spraying,
electric arc spraying, and plasma arc
spraying.
Water curtain means an air pollution
control device that draws the exhaust
stream through a continuous curtain of
moving water to scrub out suspended
PM.
Wetting agent/fume suppressant
means any chemical agent that reduces
or suppresses fumes or mists from a
non-cyanide plating and polishing tank
by reducing the surface tension of the
tank bath. This term is abbreviated
WAFS in this section.
§ 63.11512 Who implements and enforces
this subpart?
(a) This subpart can be implemented
and enforced by EPA or a delegated
authority such as your State, local, or
E:\FR\FM\14MRP4.SGM
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Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Proposed Rules
tribal agency. If the EPA Administrator
has delegated authority to your State,
local, or tribal agency, then that agency,
in addition to EPA, has the authority to
implement and enforce this subpart.
You should contact your EPA Regional
Office to find out if implementation and
enforcement of this subpart is delegated
to your State, local, or tribal agency.
(b) In delegating implementation and
enforcement authority of this subpart to
a State, local, or tribal agency under 40
CFR part 63, subpart E, the authorities
contained in paragraph (c) of this
section are retained by the EPA
Administrator and are not transferred to
the State, local, or tribal agency.
(c) The authorities that cannot be
delegated to State, local, or tribal
agencies are specified in paragraphs
(c)(1) through (4) of this section.
(1) Approval of an alternative nonopacity emissions standard under 40
CFR 63.6(g), of the General Provisions of
this part.
(2) Approval of an alternative opacity
emissions standard under § 63.6(h)(9),
of the General Provisions of this part.
(3) Approval of a major change to test
methods under § 63.7(e)(2)(ii) and (f), of
the General Provisions of this part. A
‘‘major change to test method’’ is
defined in § 63.90.
14151
(4) Approval of a major change to
monitoring under § 63.8(f), of the
General Provisions of this part. A
‘‘major change to monitoring’’ under is
defined in § 63.90.
(5) Approval of a major change to
recordkeeping and reporting under
§ 63.10(f), of the General Provisions of
this part. A ‘‘major change to
recordkeeping/reporting’’ is defined in
§ 63.90.
§ 63.11513
[Reserved]
Tables to Subpart WWWWWW of Part
63
TABLE 1 TO SUBPART WWWWWW OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO PLATING AND POLISHING
AREA SOURCES
[As required in § 63.11505, General Provisions Requirements, you must meet each requirement in the following table that applies to you]
Citation
Subject
63.11 ...................................................................
63.2 .....................................................................
63.3 .....................................................................
63.4 .....................................................................
63.5 .....................................................................
63.6(a), (b)(1)–(b)(5), (c)(1), (c)(2), (c)(5), (g),
(i), (j).
63.9(a)–(d) ..........................................................
63.10(a), (b) except for (b)(2), (d)(1), (d)(4) .......
63.12 ...................................................................
63.13 ...................................................................
63.14 ...................................................................
63.15 ...................................................................
63.16 ...................................................................
1 Section
Applicability.
Definitions.
Units and abbreviations.
Prohibited activities.
Construction/reconstruction.
Compliance with standards and maintenance requirements.
Notification requirements.
Recordkeeping and reporting.
State authority and delegations.
Addresses of State air pollution control agencies and EPA regional offices.
Incorporation by reference.
Availability of information and confidentiality.
Performance track provisions.
63.11480(f), ‘‘What parts of my plant are covered,’’ exempts affected sources from the obligation to obtain title V operating permits.
[FR Doc. E8–4974 Filed 3–13–08; 8:45 am]
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Agencies
[Federal Register Volume 73, Number 51 (Friday, March 14, 2008)]
[Proposed Rules]
[Pages 14126-14151]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4974]
[[Page 14125]]
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Part IV
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Area Source
Standards for Plating and Polishing Operations; Proposed Rule
Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 /
Proposed Rules
[[Page 14126]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2005-0084; FRL-8541-9]
RIN 2060-AM37
National Emission Standards for Hazardous Air Pollutants: Area
Source Standards for Plating and Polishing Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing national emission standards for control of
hazardous air pollutants (HAP) for the plating and polishing area
source category. This rule proposes emission standards in the form of
management practices for new and existing tanks, thermal spraying
equipment, and mechanical polishing equipment in certain plating and
polishing processes. These proposed standards reflect EPA's
determination regarding the generally achievable control technology
(GACT) and/or management practices for the area source category.
DATES: Comments must be received on or before April 14, 2008, unless a
public hearing is requested by March 24, 2008. If a hearing is
requested on this proposed rule, written comments must be received by
April 28, 2008. Under the Paperwork Reduction Act, comments on the
information collection provisions must be received by OMB on or before
April 14, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0084, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-Docket@epa.gov.
Fax: (202) 566-9744.
Mail: NESHAP: Area Source Standards for Plating and
Polishing Operations Docket, Environmental Protection Agency, Air and
Radiation Docket and Information Center, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
two copies. In addition, please mail a copy of your comments on the
information collection provisions to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk
Officer for EPA, 725 17th St., NW., Washington, DC 20503.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0084. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://
www.regulations.gov or in hard copy at the ``NESHAP for Plating and
Polishing Area Sources'' Docket, at the EPA Docket and Information
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Dr. Donna Lee Jones, Sector Policies
and Programs Division, Office of Air Quality Planning and Standards
(D243-02), Environmental Protection Agency, Research Triangle Park,
North Carolina 27711, telephone number: (919) 541-5251; fax number:
(919) 541-3207; e-mail address: jones.donnalee@epa.gov.
SUPPLEMENTARY INFORMATION:
Outline. The information in this preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments to EPA?
C. Where can I get a copy of this document?
D. When would a public hearing occur?
II. Background Information for Proposed Area Source Standards
A. What is the statutory authority and regulatory approach for
the proposed standards?
B. What source category is affected by the proposed standards?
C. How did we gather information for this proposed rule?
D. What is the industry profile?
E. What are the production processes, emissions sources, and
available controls?
III. Summary of Proposed Standards
A. Do the proposed standards apply to my source?
B. When do I comply with the proposed standards?
C. What emissions control requirements is EPA proposing?
D. What are the initial compliance provisions?
E. What are the continuous compliance provisions?
F. What are the notification, recordkeeping, and reporting
requirements?
IV. Rationale for Selecting this Proposed Standards
A. How did we select the source category?
B. How did we select the affected sources?
C. How did we subcategorize plating and polishing processes?
D. How was GACT determined?
E. How did we select the compliance requirements?
F. How did we decide to exempt this area source category from
title V permit requirements?
V. Impacts of the Proposed Standards
A. What are the air impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health, environmental, and energy
impacts?
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
[[Page 14127]]
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. General Information
A. Does this action apply to me?
The regulated category and entities potentially affected by this
proposed action include:
----------------------------------------------------------------------------------------------------------------
Category NAICS code\1\ Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry................................. 332813 Area source facilities engaged in any one or more
types of nonchromium electroplating;
electropolishing; electroforming; electroless
plating, including thermal metal spraying, chromate
conversion coating, and coloring; or mechanical
polishing of metals and formed products for the
trade. Regulated sources do not include chromium
electroplating and chromium anodizing sources, as
those sources are subject to 40 CFR part 63, subpart
N, ``Chromium Emissions From Hard and Decorative
Chromium Electroplating and Chromium Anodizing
Tanks.''
Manufacturing............................ 32, 33 Area source establishments engaged in one or more
types of nonchromium electroplating;
electropolishing; electroforming; electroless
plating, including thermal metal spraying, chromate
conversion coating, and coloring; or mechanical
polishing of metals and formed products for the
trade. Examples include: 33251, Hardware
Manufacturing; 323111, Commercial Gravure Printing;
332116, Metal Stamping; 332722, Bolt, Nut, Screw,
Rivet, and Washer Manufacturing; 332811, Metal Heat
Treating; 332812, Metal Coating, Engraving (except
Jewelry and Silverware), and Allied Services to
Manufacturers; 332913, Plumbing Fixture Fitting and
Trim Manufacturing; Other Metal Valve and Pipe
Fitting Manufacturing; 332999, All Other
Miscellaneous Fabricated Metal Product
Manufacturing; 334412, Bare Printed Circuit Board
Manufacturing; 336412, Aircraft Engine and Engine
Parts Manufacturing; and 339911, Jewelry (except
Costume) Manufacturing.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility would be regulated by this
action, you should examine the applicability criteria in 40 CFR
63.11475, `` Am I subject to this subpart?'' of subpart WWWWWW
(National Emission Standards for Hazardous Air Pollutants (NESHAP):
Area Source Standards for Plating and Polishing Operations). If you
have any questions regarding the applicability of this action to a
particular entity, consult either the air permit authority for the
entity or your EPA regional representative as listed in Sec. 63.13 of
the General Provisions to part 63 (40 CFR part 63, subpart A).
B. What should I consider as I prepare my comments to EPA?
Do not submit information containing CBI to EPA through https://
www.regulations.gov or e-mail. Send or deliver information identified
as CBI only to the following address: Roberto Morales, OAQPS Document
Control Officer (C404-02), Environmental Protection Agency, Office of
Air Quality Planning and Standards, Research Triangle Park, North
Carolina 27711, Attention Docket ID EPA-HQ-OAR-2005-0084. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
C. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this proposed action will also be available on the Worldwide Web (WWW)
through EPA's Technology Transfer Network (TTN). A copy of this
proposed action will be posted on the TTN's policy and guidance page
for newly proposed or promulgated rules at the following address:
https://www.epa.gov/ttn/oarpg/. The TTN provides information and
technology exchange in various areas of air pollution control.
D. When would a public hearing occur?
If anyone contacts EPA requesting to speak at a public hearing
concerning this proposed rule by March 24, 2008, we will hold a public
hearing on March 31, 2008. If you are interested in attending the
public hearing, contact Ms. Pamela Garrett at (919) 541-7966 to verify
that a hearing will be held. If a public hearing is held, it will be
held at 10 a.m. at the EPA's Environmental Research Center Auditorium,
Research Triangle Park, NC, or an alternate site nearby.
II. Background Information for Proposed Area Source Standards
A. What is the statutory authority and regulatory approach for the
proposed standards?
Section 112(d) of the Clean Air Act (CAA) requires us to establish
NESHAP for both major and area sources of HAP that are listed for
regulation under CAA section 112(c). A major source emits or has the
potential to emit 10 tons per year (tpy) or more of any single HAP or
25 tpy or more of any combination of HAP. An area source is a
stationary source that is not a major source.
Section 112(k)(3)(B) of the CAA calls for EPA to identify at least
30 HAP which, as the result of emissions from area sources, pose the
greatest threat to public health in the largest number of urban areas.
EPA implemented this provision in 1999 in the Integrated Urban Air
Toxics Strategy (64 FR 38715, July 19, 1999). Specifically, in the
Strategy, EPA identified 30 HAP that pose the greatest potential health
threat in urban areas, and these HAP are referred to as the ``30 urban
HAP.'' Section 112(c)(3) requires EPA to list sufficient categories or
subcategories of area sources to ensure that area sources representing
90 percent of the emissions of the 30 urban HAP are subject to
regulation. We implemented these requirements through the Integrated
Urban Air Toxics Strategy (64 FR 38715, July 19, 1999). A primary goal
of the Strategy is to achieve a 75 percent reduction in cancer
incidence attributable to HAP emitted from stationary sources.
[[Page 14128]]
Under CAA section 112(d)(5), we may elect to promulgate standards
or requirements for area sources ``which provide for the use of
generally available control technologies or management practices by
such sources to reduce emissions of hazardous air pollutants.''
Additional information on GACT is found in the Senate report on the
legislation (Senate Report Number 101-228, December 20, 1989), which
describes GACT as:
* * * methods, practices and techniques which are commercially
available and appropriate for application by the sources in the
category considering economic impacts and the technical capabilities
of the firms to operate and maintain the emissions control systems.
Consistent with the legislative history, we can consider costs and
economic impacts in determining GACT, which is particularly important
when developing regulations for source categories that have many small
businesses.
Determining what constitutes GACT involves considering the control
technologies and management practices that are generally available to
the area sources in the source category. We also consider the standards
applicable to major sources in the same industrial sector to determine
if the control technologies and management practices are transferable
and generally available to area sources. In appropriate circumstances,
we may also consider technologies and practices at area and major
sources in similar categories to determine whether such technologies
and practices could be considered generally available for the area
source category at issue. Finally, as we have already noted, in
determining GACT for a particular area source category, we consider the
costs and economic impacts of available control technologies and
management practices on that category.
We are proposing these national emission standards in response to a
court-ordered deadline that requires EPA to issue standards for 11
source categories listed pursuant to section 112(c)(3) and (k) by June
15, 2008 (Sierra Club v. Johnson, no. 01-1537, D.D.C., March 2006). We
have already issued regulations addressing one of the 11 source
categories. See regulations for Wood Preserving (Federal Register, 72
(135), July 16, 2007.) Other rulemakings will include standards for the
remaining source categories that are due in June 2008.
B. What area source category is affected by the proposed standards?
The Plating and Polishing Area Source Category includes any
facility engaged in one or more of the following operations or
processes: electroplating without chromium; electroforming;
electropolishing; electroless plating; other non-electrolytic metal
coating, such as chromate conversion coating and thermal spraying; and
the mechanical polishing of finished metals and formed products after
plating. Note that facilities that are engaged in chromium
electroplating that also perform any of the above plating and polishing
processes are included in the Plating and Polishing Area Source
Category for these processes.
Plating and polishing facilities are primarily classified under
NAICS code 332813. However, plating and polishing processes are also
co-located at many facilities that are classified under other NAICS
codes. Examples include NAICS 33251, Hardware Manufacturing; 323111,
Commercial Gravure Printing; 332116, Metal Stamping; 332722, Bolt, Nut,
Screw, Rivet, and Washer Manufacturing; 332811, Metal Heat Treating;
332812, Metal Coating, Engraving (except Jewelry and Silverware), and
Allied Services to Manufacturers; 332913, Plumbing Fixture Fitting and
Trim Manufacturing; Other Metal Valve and Pipe Fitting Manufacturing;
332999, All Other Miscellaneous Fabricated Metal Product Manufacturing;
334412, Bare Printed Circuit Board Manufacturing; 336412, Aircraft
Engine and Engine Parts Manufacturing; and 339911, Jewelry (except
Costume) Manufacturing.
We added plating and polishing operations to the Integrated Urban
Air Toxics Strategy Area Source Category List on June 26, 2002 (67 FR
43113). The inclusion of this source category to the section 112(c)(3)
area source category list is based on 1990 emissions data, as EPA used
1990 as the baseline year for that listing. EPA listed this source
category for regulation pursuant to section 112(c)(3), based on
emissions of compounds of five HAP metals: cadmium, chromium, lead,
manganese, and nickel. These five metal HAP represent part of the 90
percent of those urban HAP emissions in the 1990 inventory to be
regulated, and are hereafter referred to as ``plating and polishing
metal HAP.'' This source category was also listed for emissions of the
organic HAP trichloroethylene (TCE). Chlorinated solvents such as TCE
are used as degreasers in the plating industry. We subsequently
discovered that the 1990 emissions data for TCE was for plating
facilities that used TCE in degreasing operations, which are not part
of this source category. Rather, these emission units at both major and
area sources are subject to standards for halogenated solvent cleaning
under 40 CFR part 63, subpart T. Consequently, we are not proposing
standards for TCE from plating and polishing facilities. The plating
and polishing source category listed for TCE emissions remains a listed
source category pursuant to section 112(c)(3) of this part, and this
proposed rule establishes standards for emissions of plating and
polishing metal HAP. Therefore, we are clarifying that we do not need
plating and polishing to meet the section 112(c)(3) 90 percent
requirement regarding area source emissions of TCE.
C. How did we gather information for this proposed rule?
We gathered information for this proposed rule from industry
representatives, trade associations, technical experts, published
literature, the 2002 EPA National Emission Inventory, and a 2006 EPA
survey of the industry that we performed specifically for the plating
and polishing area source rule.
The EPA survey, also called information collection requests (ICR),
was developed by EPA under the authority of section 114 of the CAA. A
copy of the ICR questionnaire and the responses can be found in the
docket for the Plating and Polishing Area Source Rule (Docket Number
EPA-HQ-OAR-2005-0084).
The first version of the questionnaire was sent out in November
2004 to nine recipients; responses were received from eight facilities.
A Federal Register Notice (FRN) was published in July 2005 (70 FR
43865, July 29, 2005) requesting comment on a second, improved
questionnaire that was revised based on comments received from the
first version. A second FRN was published on October 26, 2005 (70 FR
61810) to announce that the questionnaire had been submitted to the OMB
for approval. Approval was received from OMB on February 23, 2006 (OMB
2060-0577, ICR 2186.01, Form No. 7610-32). A total of 1,151
questionnaires were mailed on May 10, 2006; most responses were
received by July 31, 2006.
Potential recipients for the ICR were identified from names and
addresses of facilities listed in several on-line databases, company
websites, and information obtained from EPA Regional offices and State
and local regulatory agencies. Through this process a list of
approximately 2,500 facilities was compiled that was later reduced to
1,151 by eliminating plants with incomplete mailing addresses or plants
that appeared to not belong to the source category. From the 1,151
total
[[Page 14129]]
ICR mailed, EPA received back 598 questionnaires. Adding these ICR to
the previous 8 surveys, the total number of industry responses received
by EPA was 606. Of this total, 120 were excluded from the area source
analysis because either the information was not complete (80 ICR) or
because the facilities were major sources that were not within the
plating and polishing area source category (40 ICR).\a\ The result was
486 surveys from area sources in the plating and polishing source
category.
---------------------------------------------------------------------------
\a\ We did, however, analyze separately the information on major
sources in similar source categories to determine if the control
technologies and management practices were transferable and
generally available to the plating and polishing area source
category.
---------------------------------------------------------------------------
In the 2006 EPA survey responses, no facility was found to be a
major source for their plating and polishing processes. There were 15
NESHAP (40 CFR part 63) that were reported to be applicable to
processes at the surveyed facilities co-located with plating and
polishing processes. The most frequently identified NESHAP included
``Chromium Emissions from Hard and Decorative Chromium Electroplating
and Chromium Anodizing Tanks'' (subpart N) and ``Halogenated Solvent
Cleaning'' (subpart T). These NESHAP (subparts N and T) apply to both
major and area sources. Of the 486 area source plating and polishing
facilities that responded to the 2006 EPA survey, approximately 250
have co-located area source processes subject to one or both of these
two NESHAP.
The results of the survey analyses can be found in a memorandum for
the Plating and Polishing Area Source Rule. (See Docket No. EPA-HQ-OAR-
2005-0084.)
D. What is the industry profile?
Based on 2002 U.S. Census data and the 2006 EPA survey of the
industry, we estimate that 2,900 plating and polishing area source
facilities are currently operating in the U.S. Independent estimates by
the industry trade association confirm our estimate. The estimate
includes several plating and polishing area sources that are captive
facilities (i.e., co-located at manufacturing and other facilities
engaged primarily in other operations). See section I(A) above, ``Does
this action apply to me?'' for examples of some of these operations.
The 2006 EPA survey results indicated about 80 percent of the
industry is located in 14 States, with about 40 percent of the area
source facilities located in three States (Illinois, California, and
Ohio). Nearly all (97 percent) of the plating and polishing facilities
are in urban areas \b\ based on the 2006 EPA survey. Our analyses also
indicate that between 92 and 98 percent of the plating and polishing
area source category is comprised of small businesses, which the Small
Business Administration defines to be facilities with less than 500
employees. The 2002 Census data also showed that 50 percent of the
facilities in this source category had less than 10 employees.
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\b\ These urban areas are defined to be the urban 1 and urban 2
areas that formed the basis of the listing decisions under 112(c)(3)
and (k).
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For the 2,900 estimated area source facilities in the plating and
polishing industry, we estimate that there are approximately 22,000
tanks and 1,400 thermal spray lines that use the plating and polishing
metal HAP. Based on the 2006 EPA survey, the number of tanks per
facility with plating and polishing metal HAP is estimated to range
from 1 to 20 with an average of 10 tanks per facility. For the
estimated 300 area source facilities that do thermal spraying with
plating and polishing metal HAP, we estimate that these facilities have
from 1 to 20 lines, with an average of 5 thermal spraying lines per
facility.
E. What are the production processes, emission sources, and available
controls?
1. Plating and Polishing Processes
Plating and polishing facilities perform several operations that
use and can emit the plating and polishing metal HAP. These include
electrolytic processes, non-electrolytic processes, thermal spraying
processes, and dry mechanical polishing operations. Electrolytic
processes include non-chromium electroplating, electroforming, and
electropolishing. Non-electrolytic processes include electroless nickel
plating, chromate conversion coating, and other tank-based processes,
such as nickel acetate sealing. Electroplating, electroforming,
electropolishing, and non-electrolytic (or ``electroless'') plating all
take place in a tank or ``bath.''
From the analyses performed with data acquired in the 2006 EPA
survey, it is estimated that more than half of the plating and
polishing area source facilities (estimated at over 1,500 facilities)
perform electroplating with the plating and polishing metal HAP, with
nickel the predominant metal plated; 4 percent or 80 facilities are
estimated to perform electropolishing with the plating and polishing
metal HAP; and less than 1 percent or 25 facilities are estimated to
perform electroforming with the plating and polishing metal HAP. For
the non-electrolytic processes, approximately 25 percent of the
facilities are estimated to perform electroless nickel and/or other
electroless coating with the plating and polishing metal HAP. For the
mechanical polishing process, we estimate that approximately 25
percent, or 700 facilities, perform mechanical polishing of the plating
and polishing metal HAP. For thermal spraying process, we estimate that
approximately 11 percent, or 300 facilities, have thermal spraying
processes that use the plating and polishing metal HAP.
Many facilities perform more than one type of metal plating or
polishing. From the analyses performed with data acquired in the 2006
EPA survey, we estimate that 80 percent of the facilities use nickel
(with two-thirds of the nickel used in electroplating and one-third in
electroless nickel plating); 29 percent use lead, 16 percent use
chromium (in non-electroplating tanks), 5 percent use manganese, and 4
percent use cadmium. This includes both tank-based plating as well as
thermal spraying processes, and where more than one plating or
polishing process occurs at many facilities.
Electrolytic Plating and Polishing Processes. Electrolytic
processes include electroplating, electroforming, and electropolishing.
In the electroplating process, metal ions in either acid (pH less than
7), alkaline (pH greater than 7), or neutral (pH approximately equal to
7) solutions are reduced onto the surface of the work piece (the
cathode or substrate) via an electrical current. The metal ions in the
solution are usually replenished by the dissolution of metal from solid
metal anodes (made of the same metal as that being plated), or by
direct replenishment of the solution with metal salts or oxides.
Electroplating can be performed with or without cyanide in the bath.
Cyanide is a constituent of some baths and works to keep the metals in
solution. More discussion of plating with cyanide follows below.
Electroforming is similar to electroplating, except that the plated
surface is the product and the item that shapes the metal (the mandrel)
is removed and discarded afterwards. Otherwise, electroforming is
similar in chemistry to electroplating processes. Electroforming can be
performed with or without cyanide in the bath.
Electropolishing is essentially the opposite of electroplating; the
metal to be polished acts as the anode in an electric circuit. In this
process, the work piece is attached to the anode and metal substrate is
dissolved electrolytically, thereby removing the surface contaminant.
Electropolishing can be
[[Page 14130]]
performed in acid or alkaline baths, although most electropolishing is
performed in acid baths containing phosphoric acid and one or more
additional acids. Other acids that are used in electropolishing baths
include sulfuric, chromic, fluoboric, hydrochloric, citric, and
glycolic acid. According to industry experts, less than 1 percent of
plating and polishing facilities currently use chromic acid in
electropolishing processes. Electropolishing is not performed with
cyanide in the bath.
Most electroplating tank chemical formulations (or ``chemistries'')
that do not use cyanide incorporate a wetting agent to minimize pitting
from the hydrogen gas bubbles that form on the surface of the parts
being plated. Wetting agents prevent the bubbles from adhering to the
surface of the parts. Wetting agents also lower the surface tension of
the plating bath and act to reduce the amount of energy released when
the gas bubbles rise to the surface of the bath and burst.
Consequently, the wetting agents also reduce the level of misting and
metal HAP emissions from the tank. As a result of this dual function,
these chemical compounds are referred to collectively as wetting agent/
fume suppressants (WAFS). Because WAFS prevent metal HAP emissions, as
opposed to collecting metal HAP emissions after they occur with add-on
control devices, they are considered a pollution prevention technique.
Some chemicals that are not part of the initial plating bath
chemistries are added ``over the side'' of the plating tanks, and
include chemicals such as WAFS. This is especially true for the plating
tanks that lose a significant amount of their ingredients through what
is called ``drag-out,'' or the loss of tank solution that occurs when
parts are removed. The occurrence of drag-out necessitates the
replenishing of the bath ingredients ``over the side'' during the
plating process.
As noted above, some plating baths use cyanide as a major bath
ingredient. Cyanide is added to dissolve the metal cyanide compound
(e.g., cadmium cyanide) and to create free cyanide in solution, which
helps to corrode the anode. Caustic soda and carbonate also are added
to the bath. These three constituents (cyanide, caustic soda, and
carbonate) all work to increase the pH of the solution to at least 12.
These tanks are self-regulating to a pH equal to or greater than 12 due
to the nature of the cyanide bath chemistry.
The cyanide in the bath is a major bath constituent and not an
additive. However, because of the self-regulating chemistry of the
bath, the cyanide causes the bath to act as if WAFS are being used to
prevent the metal HAP from being emitted rather than plated. All
cyanide plating baths at pH greater than or equal to 12 have cyanide-
metal complexes in solution. The metal to be plated is either bound in
the metal-cyanide complex, or reduced at the cathode to elemental metal
and plated onto the immersed parts. According to the technical
literature and industry experts, considering the self-regulating
chemistry of the bath, emissions of cyanide in the form of hydrogen
cyanide would occur only at a pH of less than 12. Cyanide baths are not
intentionally operated at pH less than 12 since unfavorable plating
conditions would occur in the tank, among other negative effects. See
the docket for this rule for minutes of meetings with industry
representative and literature documents related to cyanide bath
chemistry. (Docket No. EPA-HQ-OAR-2005-0084).
Non-electrolytic Processes. Non-electrolytic or ``electroless''
plating involves the deposition of a metallic coating on a metallic or
nonmetallic surface without the use of external electrical energy. The
basic ingredients in an electroless plating solution are a metal
(usually in the form of a salt), a reducer, a complexing agent to hold
the metal in solution, a WAFS, and various buffers and other chemicals
to maintain bath stability and increase bath life. Non-electrolytic
processes include electroless nickel plating, chromate conversion
coating, nickel acetate sealing, sodium dichromate sealing, and
manganese phosphate coating.
Conversion coatings, such as chromate, are produced on various
metal substrates to create a protective film that is formed when a
portion of the base metal is converted to one of the components of the
film by reaction with aqueous solutions containing the metal (such as
hexavalent chromium) and other active organic or inorganic compounds.
Chromate conversion coatings are most frequently applied to zinc,
cadmium, aluminum, magnesium, copper, tin, chromium, brass, bronze, and
silver metal base products. Manganese phosphate coating is another type
of conversion coating used to increase wear resistance. In this
process, the work piece is immersed in a tank with a heated bath that
includes phosphoric acid and manganese dioxide for a period of minutes
up to several hours, depending on the application.
Nickel acetate, dichromate, and lead acetate sealing are steps that
help to seal work pieces to increase corrosion resistance. These
processes involve immersing the part in a tank with a heated bath for a
relatively short period of time (e.g., 5 to 10 minutes).
Thermal/flame Spraying Processes. Thermal spraying or flame
spraying is another type of metal coating operation that uses one or
more of the plating and polishing metal HAP. Thermal spraying usually
is performed at dedicated facilities that specialize in this process
and do not perform the other plating and polishing processes described
in this section. In thermal spraying, a metal, such as chromium or
nickel, is melted and then immediately sprayed onto a part or surface.
Commonly-used thermal spraying processes are flame spraying, electric
arc spraying, plasma arc spraying, and high velocity oxy-fuel. Unlike
the other plating and coating processes discussed previously that
involve immersing the work piece in a liquid-filled tank, thermal
spraying is performed in a spray booth. Thermal spraying is not a
complete substitute for tank plating because thermal spraying can only
apply metal coatings to line-of-sight surfaces and does not penetrate
into the depressions and holes of the work piece as in tank plating.
Dry Mechanical Polishing Processes. Dry mechanical polishing is
performed using hard-faced wheels constructed of muslin, canvas, felt
or leather. Abrasives are applied to the wheels with synthetic
adhesives or cements, typically silicate-base cements. Abrasive belts
coated with adhesives and abrasives in the same way as the wheels are
also used for polishing. Lubricants including oil, grease, tallow, and
special bar lubricants are often used to prevent gouging and tearing
when a fine polished surface is required and also to minimize
frictional heat.
2. Plating and Polishing Metal HAP Emission Sources
In the plating industry, the metal being plated is part of the
product sold, therefore, any metal HAP emissions are an economic loss,
i.e., cost, to the facility and are avoided as much as possible.
Generally, the primary plating and polishing metal HAP emission sources
are the tanks in which plating processes occur.
Electrolytic Plating and Polishing Metal HAP Emissions. The primary
mechanism that can release any metal HAP, including the plating and
polishing metal HAP, from electrolytic plating and polishing tanks is
the evolution of hydrogen and oxygen gas in bubbles that form on the
surfaces of the submerged work piece, or on anodes or cathodes during
electroplating. These gas bubbles rise to the surface and then burst,
carrying liquid with them in the form of a fine mist. In
electroplating, the
[[Page 14131]]
rate of bubbling is a function of the chemical or electrochemical
activity in the tank and increases with the amount of work in the tank,
the strength and temperature of the solution, and the current densities
in the plating tanks.
A term commonly used to describe the ease or difficulty of
electroplating a specific metal is its cathodic efficiency, which
refers to the ability of the cathode to reduce the metal to the
elemental form so that the metal can be plated onto the part surface.
The cathodic efficiencies of nickel and cadmium, the most common metals
plated in the plating and polishing industry of this proposed rule, are
high and on the order of 90 percent or more. Chromium, on the other
hand, has a relatively low cathodic efficiency of less than 20 percent.
Plating processes with high cathodic efficiencies, such as nickel and
cadmium, generate less gassing at the anode and consequently have lower
emissions than plating processes with low cathodic efficiencies, such
as chromium.
As discussed above in section (1), ``Plating and Polishing
Processes,'' WAFS, a common ingredient in plating tanks for purposes of
generating a better plated product, also incidentally lower the surface
tension of the bath. The WAFS act to reduce the amount of energy
released when gas bubbles rise to the surface of the bath and burst,
thereby reducing the level of misting and metal HAP emissions from the
tank. Because WAFS prevent most metal HAP emissions from occurring,
they are considered a pollution prevention technique, as opposed to
techniques that control emissions after they occur, such as add-on
control devices. All non-chromium electroplating baths use WAFS, except
for cyanide electroplating. The reason for the exception to this
practice is discussed below.
In plating tanks that use cyanide as a major bath ingredient, which
are operated at a pH of at least 12, the self-regulating chemistry of
the cyanide in the bath causes the bath to operate as if WAFS were
being used, which ensures an optimum plating process, as discussed
above in section (1), ``Plating and Polishing Processes.'' All cyanide
plating baths are composed of cyanide-metal complexes in solution.
There are little metal HAP emissions from these tanks because the metal
to be plated is either bound in the metal-cyanide complex or reduced at
the cathode to elemental metal and plated onto the immersed parts.
Emissions of cyanide in the form of hydrogen cyanide are also low or
nonexistent; these emissions would occur only at pH values less than
12.
Non-Electrolytic Plating Metal HAP Emissions. Plating tanks that do
not use electrical current have much lower metal HAP emissions than
electroplating tanks because the bubbling that occurs from electrolysis
is not present. Chromium conversion coating was excluded from the
estimates of chromium emissions in the Occupational Safety and Health
(OSHA) work place rule for hexavalent chromium (Federal Register 71
(39), 10099-10385, February 28, 2006).
In addition, the concentration of the metals in non-electrolytic
tanks is much lower than the concentration in their electrolytic bath
counterparts. For example, the concentration of nickel in an
electroless plating bath is less than one ounce of nickel metal per
gallon (oz/gal) of tank contents (less than 7 grams per liter (g/L)) as
compared to the concentration of nickel in a nickel electroplating bath
of 13 oz/gal (91 g/L). In manganese phosphating, the manganese
concentration is less than 1 percent by volume (v/v).
Metal HAP Emissions from Procedures Used for All Tank-based
Processes. Procedures that can result in emissions from all plating and
polishing tanks are: Bath agitation; placement of the work pieces in
the tank; and removal of the work pieces from the tank. Bath agitation
typically is accomplished by air sparging (i.e., bubbling air through
the tank), or by mechanical agitation using eductors; emissions
generally are greater when air sparging is used.
Plating emissions can also be affected by whether rack or barrel
plating is performed. In rack plating, the parts to be plated are
mounted on racks and immersed in the plating solution, where they
remain stationary. In barrel plating, the parts to be plated are placed
in a slotted or perforated barrel that is immersed in the plating
solution and rotated to ensure even coverage of the plate on the parts.
The movement of the barrel has the potential to cause more emissions to
be generated than rack plating.
Metal HAP Emissions from Thermal Spraying and Dry Mechanical
Polishing Processes. Metal HAP emissions from thermal spraying and dry
mechanical polishing are in the form of particulate matter (PM). In
thermal spraying, the PM is emitted as excess metal spray that results
from over-spraying during application of the metal to the product. The
PM emitted from dry mechanical polishing results mostly from excess
plated metal that is removed from the product along with a small amount
of PM that originates from the abrasive material on the polishing wheel
or machine. For affected plating and polishing area sources, all the PM
described above, except the PM from abrasive material on the wheel,
includes metal HAP.
3. Plating and Polishing Metal HAP Emission Controls
As discussed above in section (2), ``Plating and Polishing Metal
HAP Emission Sources,'' the metal being plated is part of the products
from the plating industry, therefore, any metal HAP emissions are an
economic loss (i.e., cost) to the facility and are avoided as much as
possible. Consequently, a variety of methods are used by the industry
to prevent emissions from plating and polishing processes. These
methods are designed to reduce the amount of metal HAP emitted from
plating tanks by using what is called ``in-tank controls,'' that are
discussed in more detail below.
Some facilities use add-on control systems to control emissions
from plating and polishing tanks that involve capturing emissions and
exhausting them to add-on emission control devices. Control systems are
the combination of a capture system and an add-on control device. The
capture system is designed to collect and transport air emissions from
the affected source to the control device. The overall control
efficiency of any control system is a combination of the ability of the
system to capture the air emissions (i.e., the capture efficiency) and
the control device efficiency. Consequently, it is important to achieve
good capture to ensure good overall control efficiency. Capture devices
that are known to provide high capture efficiencies include hoods,
enclosures, or any other duct intake devices with ductwork, dampers,
manifolds, plenums, or fans.
Add-on controls in the plating and polishing industry are used to
control water vapor (steam) and other non-HAP tank ingredients that
evaporate from the tank. These add-on control systems also incidentally
capture and control any metal HAP that may be emitted from the tank. In
addition, add-on controls are used to control PM, which is a surrogate
for metal HAP, from thermal spraying and dry mechanical polishing
processes. These add-on controls are discussed in more detail below.
In-tank Pollution Prevention Controls. Wetting agent/fume
suppressants, as previously discussed, are ingredients included in
plating tanks for purposes of generating a better plated product. The
WAFS also incidentally lower the surface tension of the bath and in
turn
[[Page 14132]]
the metal HAP emissions, and therefore are a pollution prevention
control technique. The WAFS act to reduce the amount of energy released
when gas bubbles rise to the surface of the bath and burst, thereby
significantly reducing the level of misting and metal HAP emissions
from the tank. All non-cyanide electroplating baths use WAFS.
Data compiled during the development of the NESHAP for ``Chromium
Emissions From Hard and Decorative Chromium Electroplating and Chromium
Anodizing Tanks (subpart N), hereafter called the ``Chromium
Electroplating NESHAP,'' and during a recent study of nickel plating
sponsored by EPA's Office of Research and Development (ORD),
demonstrated that plating tanks that use WAFS have significantly lower
emissions than tanks that do not use wetting agents. The use of WAFS
was found to reduce plating emissions by up to 95 percent, depending on
the initial level of emissions without WAFS.
Other types of in-the-tank controls for plating tanks include foam
blankets and polyballs, both of which reduce emissions by covering the
liquid surface of the tank thereby minimizing the misting that results
from the bursting of gas bubbles at the tank surface. These
technologies are estimated to reduce emissions by 70 to 80 percent
provided they cover the entire surface of the tank bath. The difficulty
in maintaining complete coverage of the tank surface prevents many
plants from using foam blankets and polyballs as their sole emission
control technique.
Tank Add-on Controls. Add-on controls are used in plating and
polishing facilities to collect water vapor (steam) and other non-HAP
tank ingredients that evaporate from the tank. These add-on controls
also incidentally capture and control any metal HAP that may be emitted
from the tank. Add-on control devices used to reduce emissions from
plating and polishing tanks include composite mesh pads (CMP), packed
bed scrubbers (PBS), and mesh pad mist eliminators (MPME). CMP, which
are used on many chromium electroplating tanks, operate at 99 percent
control efficiency. The data compiled for the Chromium Electroplating
NESHAP demonstrate that PBS operate at 94 to 99 percent control
efficiency. MPME typically achieve 98 to 99 percent control. Simple
mist eliminators reduce emissions by 80 to 99 percent depending on
design; chevron blade mist eliminators achieve 80 to 95 percent
control.
The overall control efficiency of any control system is a
combination of the ability of the system to capture the fumes (i.e.,
capture efficiency) and the control device efficiency. The capture
system transports the HAP emissions from the affected source to the
control device; consequently, it is important to achieve good capture
of the plating HAP emissions to ensure control of the majority of the
metal HAP emissions. Capture devices that are known to provide high
capture efficiencies include hoods, enclosures, or any other duct
intake devices with ductwork, dampers, manifolds, plenums, or fans that
draw greater than 90 percent of the emissions from the process into the
control device.
Thermal Spraying Add-on Controls. Thermal spraying processes in the
plating and polishing industry are performed in spray booths where
metal HAP emissions are most often controlled with add-on controls for
PM such as fabric filters or high efficiency particulate air (HEPA)
filters. Both of these filtration techniques reduce emissions by 95 to
99 percent, depending on the capture efficiency of the system, as
discussed above under ``Tank Add-on Controls.'' Water curtains, which
achieve 90 percent control, also are used in the plating and polishing
industry for controlling PM from thermal spraying.
The large amount of PM generated during thermal spraying has made
it necessary for facilities to control the PM emitted at all times to
protect the worker and working environment. Consequently, by
controlling the PM facilities are also simultaneously controlling the
metal HAP, where the PM is a surrogate for the metal HAP.
Dry Mechanical Polishing Controls. The metal HAP emissions from dry
mechanical polishing, which are in the form of PM in this process, are
controlled with a control system, as discussed above in section II
(E)(3), ``Plating and Polishing Metal HAP Emission Controls.''
Historically, the large amount of PM generated during the dry
mechanical polishing operations has made it necessary for facilities to
control the PM emitted at all times to protect the work environment.
Metal HAP are simultaneously controlled as an additional benefit of
this current control practice.
The control system for dry mechanical polishing is the combination
of a capture system and an add-on control device. The capture system is
designed to collect and transport air emissions from the affected
source to the control device. The overall control efficiency of a
control system is a combination of the ability of the system to capture
the air emissions (i.e., the capture efficiency) and the control device
efficiency. Consequently, it is important to achieve good capture to
ensure good overall control efficiency.
Capture devices that are known to provide high capture efficiencies
include hoods or any other duct intake devices with ductwork, dampers,
manifolds, plenums, or fans. Control devices used for dry mechanical
polishing include filtration devices such as cartridge, fabric, or HEPA
filters, where PM is controlled as a surrogate for metal HAP. These
control techniques reduce PM and metal HAP emissions by more than 90
percent, depending on the capture efficiency of the system. Complete
capture of the PM (and also metal HAP) by the exhaust system is not
typical in this industry because of the need for the workers to be
close to the polishing wheels, which precludes the use of total
enclosures.
III. Summary of Proposed Standards
A. Do the proposed standards apply to my source?
The proposed subpart WWWWWW applies to new and existing area
sources of plating and polishing that use any of the plating and
polishing metal HAP (cadmium, chromium,\c\ lead, manganese, or nickel)
in tanks or thermal spraying processes; and dry mechanical polishing
operations used to remove or polish products with these metal HAP. A
new source is any affected source where you commenced construction or
reconstruction of the affected source on or after the date that this
proposed rule is published in the Federal Register.
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\c\ Regulated sources do not include chromium electroplating and
chromium anodizing sources, as those sources are subject to 40 CFR
part 63, subpart N, ``Chromium Emissions from Hard and Decorative
Chromium Electroplating and Chromium Anodizing Tanks.''
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B. When do I comply with the proposed standards?
All existing area source facilities with operations subject to this
proposed rule would be required to comply with the rule requirements
for their existing operations no later than 2 years after the date of
publication of the final rule in the Federal Register. The owner or
operator of a new area source operation would be required to comply
with the rule requirements by the date of publication of the final rule
in the Federal Register or upon startup, whichever is later.
[[Page 14133]]
C. What emissions control requirements is EPA proposing?
1. Controls for All Affected Plating and Polishing Process Tanks
Owners or operators of all new and existing affected plating and
polishing processes performed in tanks, regardless of bath pH, presence
of cyanide, or use of electricity, would be required to comply with the
following management and pollution prevention practices: (1) Minimize
bath agitation when removing tank objects; (2) maximize dripping of
bath solution back into tank by extending drip time when removing the
tank objects and using drain boards (also known as drip shields); (3)
optimize the design of barrels, racks, and parts to minimize dragout of
bath solution, such as by using slotted barrels and tilted racks, or by
using designs with flow-through holes to allow the tank solution to
drip back into the tank; (4) use tank covers, if available on-site at
the facility, whenever possible (i.e., not during lifting or lowering
parts); and (5) minimize or reduce heating during tank operation and
when tanks are not in use.
2. Controls for Non-cyanide Electrolytic Process Tanks Operated at pH
Less than 12.
Non-cyanide electrolytic process tanks are operated at pH less than
12 (hereafter referred to as non-cyanide electrolytic process tanks)
and include tanks that are used for electroplating, electroforming, or
electropolishing, as defined in Sec. 63.11510, ``Definitions.'' This
proposed rule would require owners or operators of new and existing
affected non-cyanide electrolytic processes, which are operated at a pH
of less than 12, to use a WAFS in the tank bath as directed by the
manufacturer of plating chemicals, as an equipment standard. All
electroplating baths in the plating and polishing source category use
WAFS, except for tanks that perform electroplating with cyanide in the
bath. This proposed rule would also require owners or operators of
affected non-cyanide electrolytic process tanks to implement the
management and pollution prevention practices described previously in
section (1), ``Controls for All Affected Tanks.''
The requirement for WAFS would not apply to cyanide electroplating
and electroforming tanks that operate at pH of 12 or greater, or
facilities that comply with the requirement for electroplating for
short time periods discussed below. The in-tank control requirements
proposed for these processes are discussed below in sections (4) and
(5).
To meet the requirement for WAFS, the owner or operator would
operate either a tank with bath chemistry that includes a WAFS or add
WAFS separately to the bath. The owner or operator would also document
that WAFS are added when each tank is initially filled for plating and
polishing operations. For tanks where WAFS are separately purchased
tank ingredients, the use of WAFS would also be documented every time
other bath ingredients are replenished during the plating process,
where the WAFS are to be added in the same proportion as in the
original bath.
As a compliance option we are proposing that in lieu of using WAFS,
facilities may use control systems that include capture devices
designed to capture the plating and polishing metal HAP emissions from
the tanks and to transport these metal HAP emissions to CMP, PBS, or
MPME control devices. These control systems include capture devices
such as hoods, enclosures, or any other duct intake devices with
ductwork, dampers, manifolds, plenums, or fans. The use of such capture
devices, in combination with CMP, PBS, and MPME control devices, if
operated according to the manufacturers' specifications, has been
demonstrated to achieve equivalent emission reductions to WAFS, which
we determined to be GACT for non-cyanide electrolytic process tanks).
Add-on controls are used to control water vapor (steam) and other non-
HAP tank ingredients that evaporate from the tank; these add-on
controls also incidentally capture and control any metal HAP that may
be emitted from the tank at a level of at least 95 percent control when
operated according to the manufacturer's specifications.
Facilities that would like to use equipment other than those listed
above can seek approval to do so pursuant to the procedures in Sec.
63.6(g) of the General Provisions to part 63, which require the owner
or operator to demonstrate that the alternative means of emission
limitation achieves at least equivalent HAP emission reductions as the
controls specified in this rule.
3. Non-electrolytic (Electroless) Process Tanks
This proposed rule would require owners or operators of new and
existing affected non-electrolytic process tanks to implement the
management and pollution prevention practices described previously in
section (1), ``Controls for All Affected Tanks.'' Affected non-
electrolytic processes under this proposed rule would include but are
not limited to processes such as electroless nickel plating; chromate
conversion coating; manganese phosphating; and nickel acetate,
dichromate, and lead sealing processes.
4. Controls for Electroplating and Electroforming Process Tanks with
Cyanide Operated at a pH Equal to or Greater than 12
This proposed rule would require owners or operators of new and
existing affected electroplating and electroforming process tanks with
cyanide operated at pH equal to or greater than 12, to implement the
management and pollution prevention practices described in section (1)
above, ``Controls for All Affected Tanks.''
5. Controls for Flash or Short-term Electroplating Process Tanks
Under this proposed rule, new and existing affected ``flash'' or
short-term electroplating processes are defined to be tanks that
perform plating no more than 1 hour per day or 3 minutes per hour of
plating time; or use covers for 95 percent of the total plating time.
These electroplating processes are performed infrequently or for short
periods of time, some of which are on the order of 30 seconds or less,
as a quick dip. These tanks would be required to meet the management
and pollution prevention practices, described previously in section (1)
above, ``Controls for All Affected Tanks,'' which include the
requirement to reduce the heat when the tanks are not in use.
6. Controls for Thermal Spraying Processes
For existing affected thermal spraying processes, this proposed
rule would require control systems that are designed to provide capture
of the plating and polishing metal HAP emissions from thermal spraying
processes and transport these metal HAP emissions to water curtains,
fabric filters, or HEPA filters. The control systems include capture
devices such as hoods, enclosures, or any other duct intake devices
with ductwork, dampers, manifolds, plenums, or fans. The use of such
capture devices in combination with water curtains, fabric filters, or
HEPA filters, if operated according to the manufacturers
specifications, have been demonstrated to achieve at least 90 percent
overall control. Based on our surveys and a thorough review of the
industry, we determined that the above capture and control devices are
currently used by the industry.
This proposed rule would require new thermal spraying processes to
install control systems that are designed
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to provide capture and control of the metal HAP emissions from these
sources and that transport these emissions from the affected source to
fabric or HEPA filters. These control systems include capture devices
such as hoods, enclosures, or any other duct intake devices with
ductwork, dampers, manifolds, plenums, or fans. The use of such capture
devices in combination with fabric or HEPA filters, if operated
according to the manufacturers specifications, have been demonstrated
to achieve 95 percent overall control. Based on our surveys and a
thorough review of the industry, we determined that the above capture
and control devices are currently used by the industry.
Facilities that would like to use equipment other than those listed
above can seek approval to do so pursuant to the procedures in Sec.
63.6(g) of the General Provisions to part 63, which require the owner
or operator to demonstrate that the alternative means of emission
limitation achieves at least equivalent HAP emission reductions as the
controls specified in this proposed rule.
7. Controls for Dry Mechanical Polishing Operations
For new and existing affected dry mechanical polishing operations,
this proposed rule would require control systems that are designed to
capture the plating and polishing metal HAP emissions from dry
mechanical polishing operations and transport these metal HAP emissions
to cartridge, fabric, or HEPA filters. These control systems include
capture devices such as hoods, enclosures, or any other duct intake
devices with ductwork, dampers, manifolds, plenums, or fans. The use of
such capture devices in combination with cartridge, fabric, or HEPA
filters, if operated according to the manufacturers specifications,
have been demonstrated to achieve 90 percent overall control. Based on
our surveys and a thorough review of the industry, we determined that
the above capture and control devices are currently used by the
industry. Complete capture of the PM, which is a surrogate for metal
HAP, by the exhaust system is not typical in this industry because of
the need for the workers to be close to the polishing wheels and which
precludes the use of total enclosures.
Facilities that would like to use equipment other than those listed
above can seek approval to do so pursuan