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.