Cal. Code Regs. Tit. 17, § 93102.4 - Requirements for Existing, Modified, and New Hexavalent Chromium Plating and Chromic Acid Anodizing Facilities

This section 93102.4 sets forth requirements that apply to all hexavalent chromium hard and decorative chromium electroplating and chromic acid anodizing facilities, except for facilities subject to section93102.6 (i.e., facilities that perform electroplating using a trivalent chromium bath or are facilities with enclosed hexavalent chromium electroplating tanks). The requirements differ depending on whether a facility is an existing facility, a modified facility or a new facility. Additional requirements that apply to all facilities (i.e., all existing, modified, and new facilities) are contained in section 93102.5, sections 93102.7 through 93102.14 and section 93102.16.

Subsection (a) contains the requirements to reduce hexavalent chromium emissions that were in effect before October 24, 2007. The limits in subsection (a) shall remain in effect for a facility until the limits in subsection (b) become effective. Once the limits in subsection (b) become effective for an individual facility the limits in subsection (a) no longer apply.

The limits in subsection (b) are phased in depending on the amount of annual permitted ampere-hours and the distance to the nearest sensitive receptor. Depending on the facility, limits in subsection (b) become effective on April 24, 2008, October 24, 2009, October 24, 2010, or October 24, 2011.

(a) Requirements that Apply to Existing Hexavalent Chromium Electroplating and Chromic Acid Anodizing Facilities.

An existing facility is a facility that is in operation before October 24, 2007.

In addition to the limits specified in this subsection (a) all facilities (i.e., all existing, modified, and new facilities) must comply with the applicable provisions contained in section 93102.5, sections93102.7 through 93102.14, and section 93102.16.

(1) Limits that Apply to Existing Hard Chromium Electroplating Facilities Until the Limits in subsection 93102.4(b) Become Effective.

During tank operation, each owner or operator of an existing, facility shall control hexavalent chromium emissions discharged to the atmosphere from that facility by reducing the hexavalent chromium emissions from the add-on air pollution control device(s) serving the electroplating tank(s) as identified below.

(A) Limits that Apply Until the Limits in subsection93102.4(b) Become Effective for Existing Hard Chromium Electroplating Facilities that Began Operations on or before December 16, 1993.

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(B) Limits that Apply Until the Limits in subsection93102.4(b) Become Effective for Existing Hard Chromium Electroplating Facilities that Began Operations after December 16, 1993, and Before October 24, 2007.

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(C) Special Provisions that Apply for some Hard Chromium Electroplating Facilities Using Less than or Equal to 500,000 Ampere-hours per Year Until the Limits in subsection 93102.4(b) Become Effective.

The permitting agency may approve, on a case-by-case basis, alternative standards for hard chromium electroplating facilities using less than or equal to 500,000 ampere-hours per year. The operation must have been constructed on or before December 16, 1993. At a minimum, the facility must use a chemical fume suppressant containing a wetting agent to lower the surface tension of the plating bath to at least 45 dynes per centimeter (dynes/cm) (3.1x10-3 pound-force per foot [lbF/ft]). Effective April 24, 2008, the chemical fume suppressant used by the facility must meet the criteria specified in section 93102.8 and the surface tension shall be maintained below the value specified in Table 93102.8. The permitting agency may require additional emission reduction techniques as necessary to reduce the public health impact of emissions from the operation. The owner or operator must comply with the applicable parameter monitoring [section 93102.9], recordkeeping [section 93102.12], and reporting [section 93102.13] requirements. If an emission reduction technique not identified in this rule is used, the owner or operator must submit a plan to the permitting agency describing the alternative technique and identifying appropriate monitoring, recordkeeping, and reporting requirements. The permitting agency, with U.S. EPA concurrence, shall approve this plan if equivalent results are obtained. Upon approval, the requirements identified in the plan shall be the applicable requirements under this regulation.

(2) Requirements that Apply to Existing Hexavalent Decorative Chromium Electroplating and Chromic Acid Anodizing Facilities Until the Limits in subsection 93102.4(b) Become Effective.

During tank operation, each owner or operator of an existing decorative hexavalent chromium electroplating or chromic acid anodizing facility shall control hexavalent chromium emissions discharged to the atmosphere by meeting either of the requirements identified below.

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(b) Limits that Apply to All Existing Hexavalent Hard and Decorative Chromium Electroplating and Chromic Acid Anodizing Facilities After October 24, 2007.
(1) During tank(s) operation, each owner or operator of an existing hexavalent chromium facility shall control hexavalent chromium emissions discharged to the atmosphere by meeting the requirements identified below.

Table 93102.4: Hexavalent Chromium Emission Limits for Existing Tanks

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(2) Demonstrating Compliance with the Emission Limitation in Table 93102.4
(A) Distance to the nearest sensitive receptor shall be submitted to the permitting agency. The measurement shall be provided to the permitting agency within 30 days of October 24, 2007.
1. For facilities that do not have an add-on air pollution control device on October 24, 2007, the measurement shall be the distance, rounded to the nearest foot, from the edge of the hexavalent chromium plating or anodizing tank nearest the sensitive receptor to the property line of the nearest sensitive receptor that exists on October 24, 2007.
2. For facilities with an add-on air pollution control device on October 24, 2007, the measurement shall be the distance, rounded to the nearest foot, from the centroid of the stack to the property line of the nearest sensitive receptor that exists on October 24, 2007.
(B) Facilities located within 330 feet of a sensitive receptor and with annual permitted ampere-hours greater than 20,000, and facilities beyond 330 feet of a sensitive receptor with more than 500,000 annual permitted ampere-hours must use an add-on air pollution control device(s) to control hexavalent chromium emissions and demonstrate compliance with the emission limitation of 0.0015 milligrams/ampere-hour as measured after the add-on air pollution control device.
(3) Requirements for Facilities Demonstrating Compliance by an Alternative Method or Methods

As provided in Health and Safety Code Section 39666(f), the owner or operator of a facility may submit to the permitting agency an alternative method, or methods, that will achieve an equal, or greater amount of reduction in hexavalent chromium emissions and an equal, or greater reduction in risk than would be achieved by direct compliance with the requirements of section 93102.4(b)(1) and (b)(2).

(A) The information contained in Appendix 9 of section93102.16 must be submitted to the permitting agency.
(B) To be approved by the permitting agency the owner or operator must demonstrate that the alternative method(s) is enforceable, provides an equal, or greater hexavalent chromium emission reduction, and provides an equal, or greater risk reduction than would direct compliance with the requirements of section 93102.4(b)(1) and (b)(2).
(C) Upon approval of the method(s) the owner or operator must implement the approved method(s) within the time periods specified of section 93102.4(b)(1).
(D) A facility operating under an approved alternative method(s) must comply with the requirements set forth in sections 93102.5, 93102.7, and 93102.9 through 93102.14, and 93102.16.
(c) Requirements for Modified Hexavalent Chromium Electroplating or Chromic Acid Anodizing Facilities.
(1) During tank operation, each owner or operator of a modified facility shall upon initial start-up control hexavalent chromium emissions discharged to the atmosphere from that facility by reducing the hexavalent chromium emissions from the electroplating or anodizing tank(s) by:
(A) Using an add-on air pollution device(s) to control hexavalent chromium emissions, and
(B) Meeting an emission limit of 0.0015 milligrams per ampere-hour or less.
(2) Prior to initial start-up of a modified facility, when annual emissions of hexavalent chromium are expected to exceed 15 grams per year, the owner or operator shall conduct a site specific risk analysis in accordance with the permitting agency's procedures. The analysis shall be submitted to the permitting agency.
(3) A facility is not required to comply with section93102.4(c)(1)(A) if the facility is implementing an alternative method or methods that have been approved by the permitting agency as provided in section93102.4(b)(3) and Health and Safety Code section 39666(f).
(d) Requirements for New Hexavalent Chromium Electroplating and Chromic Acid Anodizing Facilities Beginning October 24, 2007.
(1) No person shall operate a new facility unless it is located outside of an area that is zoned for residential or mixed use and is located, as determined by the permitting agency, at least 1,000 feet from (A) the boundary of any area that is zoned for residential or mixed use, or (B) any school or school under construction.
(A) A new facility shall be deemed to meet the requirements specified in this subsection (d)(1) if one of the following criteria is met, even if the facility does not meet the requirement at the time of initial startup (e.g., because of a zoning change that occurs after the authority to construct is issued):
1. The requirements specified in this subsection (d)(1) are met at the time it is issued an authority to construct by the permitting agency, and substantial use of the authority to construct takes place within one year after it is issued; or
2. The requirements specified in this subsection (d)(1) are met at the time it is issued an authority to construct by the permitting agency, and substantial use of the authority to construct takes place before any zoning change occurs that affects the operation's ability to meet the requirement at the time of initial startup.
(2) During tank operation, each owner or operator of a new facility shall control hexavalent chromium emissions discharged to the atmosphere from that facility by reducing the hexavalent chromium emissions from the electroplating or anodizing tank(s) by installing a HEPA add-on air pollution control device. The measured emission rate of hexavalent chromium shall be no more than 0.0011 milligrams per ampere-hour as measured after the HEPA add-on air pollution control device.
(3) Prior to initial start-up the owner or operator of each new facility shall conduct a site specific risk analysis in accordance with the permitting agency's procedures. The analysis shall be submitted to the permitting agency.
(4) Prior to initial startup, each new facility shall demonstrate to the permitting agency that the new facility meets the requirements specified in this subsection (d) of this section 93102.4.
(5) A facility is not required to comply with the requirement in section 93102.4(d)(2) to install a HEPA add-on air pollution control device if the facility is implementing an alternative method or methods that have been approved by the permitting agency as provided in section93102.4(b)(3) and Health and Safety Code section 39666(f).
(e) Notification Requirements for New and Modified Facilities.
(1) Notification of Construction Reports.
(A) No person may construct or modify a facility, such that it becomes a facility subject to sections 93102 to 93102.16, without submitting a notification of construction or modification to the permitting agency and receiving approval in advance to construct or modify the facility.
(B) The contents of the Notification of Construction Report shall include the information contained in Appendix 4.
(2) Alternative Notification Requirements: Instead of complying with the requirements in subpart (e)(1)(A) of this subsection, a facility may fulfill these requirements by complying with the permitting agency's "New Source Review" requirements, provided similar information is obtained.

Notes

Cal. Code Regs. Tit. 17, § 93102.4

Note: Authority cited: Sections 39600, 39601,39650, 39658, 39659 and 39666, Health and Safety Code. Reference: Sections 39650, 39658,39659, 39665 and 39666, Health and Safety Code; and 40 CFR Part 63 Subpart N.

1. Renumbering and amendment of former subsection 93102(c) and its subdivisions to new section 93102.4 filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).

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