Cal. Code Regs. Tit. 17, § 93102.4 - Requirements for Chrome Plating Facilities that Use Hexavalent Chromium
This section sets forth requirements that apply to all
Facilities using
(a) No Person shall construct or operate a
New Facility that uses Hexavalent Chromium for the purposes of Chrome Plating
after January 1, 2024.
(b)
Phase out that applies to all Existing Facilities that use Hexavalent
Chromium .
(1)
Decorative
Chrome Plating . No Person shall use any Hexavalent Chromium for the
purposes of Decorative Chrome Plating in California after January 1, 2027,
unless they elect to comply with the alternative phase out pathway requirements
set forth in subsection (b)(1)(A).
(A)
Facilities that elect to continue using Hexavalent Chromium for the purposes of
Decorative Chrome Plating after January 1, 2027, shall submit a notification to
the District as required by Appendix 1 by January 1, 2025, indicating that they
are electing to pursue the alternative phase out pathway. Facilities that elect
to comply with the alternative phase out pathway must comply with the Building
Enclosure requirements set forth in subsection (d) starting on January 1, 2026,
and shall not use any Hexavalent Chromium for the purposes of Decorative Chrome
Plating in California after January 1, 2030.
(2) The District may grant an extension of up
to one year to subsection (b)(1) or (b)(1)(A) if the District determines that
the Facility needs more time to procure or install equipment or to complete the
permitting or construction necessary to transition to technology that does not
use Hexavalent Chromium .
(A) If the Owner or
Operator elects to request an extension to the Decorative Chrome Plating phase
out, they shall submit a request to the District as required by Appendix 1 by
October 1, 2026, or by October 1, 2029, for Facilities that elect to comply
with the alternative phase out pathway in subsection (b)(1)(A). The request
shall demonstrate that the extension is necessary for one or more of the
following reasons that are beyond the Owner or Operator 's control :
1. The procurement of equipment necessary to
replace Hexavalent Chromium is delayed.
2. The installation of equipment necessary to
replace Hexavalent Chromium is delayed.
3. The District has not issued the authority
to construct in time for the Facility to complete construction necessary to
transition to technology that does not use Hexavalent Chromium by January 1,
2027, or by January 1, 2030, for Facilities that elect to comply with the
alternative phase out pathway pursuant to subsection (b)(1)(A).
4. The Facility needs more time to complete
construction necessary to transition to technology that does not use Hexavalent
Chromium .
(B) The
request shall include the following, as applicable:
1. A request submitted pursuant to subsection
(b)(2)(A)1. shall provide a justification explaining what equipment is delayed,
why that equipment is necessary to replace Hexavalent Chromium , the reason for
the delay, and the anticipated length of the delay. The request shall also
include documentation demonstrating this information, such as a statement from
the shipper or equipment supplier explaining the delay.
2. A request submitted pursuant to subsection
(b)(2)(A)2. shall provide a justification explaining what equipment is delayed,
why that equipment is necessary to replace Hexavalent Chromium , why the
installation of that equipment is delayed, and the anticipated length of the
delay. The request shall also include documentation substantiating the delay,
such as a statement from the Facility regarding the inability to hire a
suitable contractor or a statement from the contractor explaining why work was
not able to be completed as scheduled.
3. A request submitted pursuant to subsection
(b)(2)(A)3. shall provide documentation demonstrating that the Owner or
Operator applied for an authority to construct for equipment necessary to
convert to alternative(s) to Hexavalent Chromium to the District and that the
application was deemed complete by the District prior to January 1, 2026, or
prior to January 1, 2029, for Facilities that elect to comply with the
alternative phase out pathway pursuant to subsection (b)(1)(A).
4. A request submitted pursuant to subsection
(b)(2)(A)4. shall explain why the Facility needs more time to complete
construction necessary to transition to technology that does not use Hexavalent
Chromium and the anticipated timeline for completing the construction. The
request shall also include documentation that substantiates these
claims.
(C) If the Owner
or Operator submits a request that does not contain the information and
documentation required by subsection (b)(2)(B), the District shall issue a
notice of deficiency to the Owner or Operator in writing identifying the
deficiency within 30 calendar days of the submittal of the request. The Owner
or Operator shall submit a request as required by Appendix 1 that corrects
these deficiencies within 30 calendar days of the issuance of the notice of
deficiency or its request will be denied.
(D) The District shall approve the request if
all the requirements listed in subsections
1. through 4. below are met. The
District shall issue a notice of approval to the Owner or Operator in writing
within 30 calendar days of the submittal of a complete request. The notice of
approval shall specify the date when the extension expires, which can be up to
one year after January 1, 2027, or January 1, 2030, for Facilities that elect
to comply with the alternative phase out pathway pursuant to subsection
(b)(1)(A). The District shall base the duration of the extension granted by the
approval on the additional time the request demonstrates is needed to complete
the transition.
1. The request was submitted
as required by subsection (b)(2)(A);
2. The request contains the information and
documentation required by subsection (b)(2)(B);
3. The request demonstrates that the
extension requested is necessary for one of the reasons listed in subsection
(b)(2)(A)1. through 4.; and
4. The
request demonstrates that the delay is for reasons that are beyond the Owner or
Operator 's control .
(E)
The District shall issue a notice of denial to the Owner or Operator in writing
within 30 calendar days of the submittal of a complete request if any of the
following apply:
1. The request was not
submitted as required by subsection (b)(2)(A).
2. The request does not demonstrate that
additional time is necessary for one of the reasons listed in subsection
(b)(2)(A)1. through 4.
3. The
request does not demonstrate that the delay is for reasons that are beyond the
Owner or Operator 's control .
(3)
Functional Chrome
Plating . No Person shall use any Hexavalent Chromium for the purposes
of Functional Chrome Plating in California after January 1, 2039.
(A)
Technology Reviews. CARB
shall conduct two technology reviews that evaluate the development of
technologies to replace Hexavalent Chromium in Hard Chrome Plating and Chromic
Acid Anodizing operations. Each technology review shall include a summary of
the status of the development and availability of alternative technologies.
1. CARB staff will complete first technology
review by January 1, 2032, and the second technology review by January 1,
2036.
(c) Limits that apply to all Chrome Plating
Tanks that use Hexavalent Chromium .
(1) During
Tank (s) Operation, each Owner or Operator shall control Hexavalent Chromium
emissions from all Chrome Plating Tank (s) that use Hexavalent Chromium by
meeting the requirements identified in the table below.
(A) Subsection (c)(1) shall apply until
January 1, 2026, to Chrome Plating Tanks used for the purposes of Functional
Chrome Plating .
(B) Subsection
(c)(1) shall apply to Chrome Plating Tanks used for the purposes of Decorative
Chrome Plating .
Table 93102.4:
|
|
|
|
| [LESS THAN EQUAL TO] 330 feet | [LESS THAN EQUAL TO] 20,000 | Use Chemical Fume Suppressants as specified in section 93102.8 2 |
| [LESS THAN EQUAL TO] 330 feet | > 20,000 and [LESS THAN EQUAL TO] 200,000 | 0.0015 milligrams/Ampere-Hour as measured after |
| [LESS THAN EQUAL TO] 330 feet | > 200,000 | 0.0015 milligrams/Ampere-Hour as measured after |
| > 330 feet | [LESS THAN EQUAL TO] 50,000 | Use Chemical Fume Suppressants as specified in section 93102.8 2 |
| > 330 feet | > 50,000 and [LESS THAN EQUAL TO] 500,000 | 0.0015 milligrams/Ampere-Hour as measured after |
| > 330 feet | > 500,000 | 0.0015 milligrams/Ampere-Hour as measured after |
| _____________ |
1
2 Alternatively, a
3 When annual emissions exceed 15 grams, a
(2)
Beginning on January 1, 2026, each Chrome Plating Tank used for Functional
Chrome Plating that contains Hexavalent Chromium shall meet an Emission
Limitation of 0.00075 mg/Amp-Hr of Hexavalent Chromium , measured downstream of
any Add-on Air Pollution Control Device (s).
(A) Beginning on January 1, 2026, Chrome
Plating Tanks that use Hexavalent Chromium for the purposes of both Decorative
Chrome Plating and Functional Chrome Plating shall comply with the Emission
Limitation in subsection (c)(2) instead of complying with the requirements set
forth in subsection (c)(1).
(d)
Building Enclosure
Requirements. The following requirements apply beginning January 1,
2026, to Functional Chrome Plating operations that use Hexavalent Chromium and
to Decorative Chrome Plating operations that elect to comply via the
alternative phase out pathway in subsection (b)(1)(A) for as long as they
continue to use Hexavalent Chromium .
(1)
Building Enclosure requirements that apply to Chrome Plating operations that
use any Tier I, Tier II, or Tier III Hexavalent Chromium Tanks.
(A) Tier I, Tier II and Tier III Hexavalent
Chromium Tanks shall be operated only within a Building Enclosure .
(B) All Building Enclosure Openings that are
open to the Exterior and on opposite ends of the Building Enclosure from each
other shall be equipped with a Protected Opening Method and shall not be
simultaneously open except during the passage of vehicles, equipment, or people
through the Building Enclosure Opening .
(C) All Building Enclosure Openings that
directly face any Sensitive Receptor that is located within 1,000 feet, as
measured from the property line of the Sensitive Receptor to the Building
Enclosure Opening , shall be equipped with a Protected Opening Method and remain
closed except during the passage of vehicles, equipment, or people through the
Building Enclosure Opening .
(2) Requirements for Building Enclosures that
apply to Chrome Plating operations that use any Tier II or Tier III Hexavalent
Chromium Tanks.
(A) The combined area of all
Building Enclosure Openings shall not exceed 3.5 percent of the surface area of
the Building Enclosure Envelope .
1. The
surface area of the Building Enclosure Envelope shall be calculated by adding
together the surface area of the floor, the surface area of the Exterior walls,
and the area of the roof. The area of the floor may be used for the area of the
roof in this calculation.
2. The
combined area of all Building Enclosure Openings shall be calculated by adding
the surface area of all Building Enclosure Openings, except Building Enclosure
Openings that are equipped with a Protected Opening Method .
3. The dimensions used in the calculation of
the Building Enclosure Envelope and Building Enclosure Openings and a schematic
diagram depicting these dimensions and the locations of the Building Enclosure
Openings shall be provided in the ongoing compliance status reports required in
section 93102.13(b).
(B) All Building Enclosure
Openings in the roof that are located within 15 feet from the edge of any Tier
II Tank or Tier III Tank shall either remain closed or be equipped with a HEPA
Filter, or other Add-on Air Pollution Control Device that reduces emissions to
an equal or greater extent as a HEPA Filter, and that fully covers the opening,
except Building Enclosure Openings that:
1.
Are actively providing access for equipment or parts; or
2. Provide intake or circulation air for a
Building Enclosure . Such Openings shall not create air velocities that decrease
the collection efficiency of a ventilation system for an Add-on Air Pollution
Control Device .
(C) Any
Breach in a Building Enclosure shall be repaired within 72 hours of discovery
of the Breach . The Owner or Operator may request an extension by contacting
their District in accordance with the District 's procedures. The District may
approve a request for an extension beyond the 72-hour limit if the request is
submitted before the 72-hour time limit has expired and the Owner or Operator
provides information that demonstrates that:
1. The repair will take longer than 72 hours,
or the equipment, parts, or materials needed for the repair cannot be obtained
within 72 hours; and
2. Temporary
measures are implemented that prevent the release of Fugitive Emissions from
the Breach .
(3)
Alternative Building Enclosure
compliance plans.
(A) If the Facility
cannot comply with any of the requirements specified in subsections (d)(1) and
(d)(2) due to conflicting requirements set forth by the federal Occupational
Safety and Health Administration (OSHA), California Occupational Safety and
Health Administration (CalOSHA), or other applicable municipal codes or agency
requirements directly related to worker safety, the Owner or Operator shall
submit a request to implement an alternative Building Enclosure compliance plan
to the District as required by Appendix 1.
(B) The request to implement an alternative
Building Enclosure compliance plan shall be submitted as required by Appendix 1
and include:
1. An explanation as to why the
Facility cannot comply with the applicable provision(s) in subsection (d)(1) or
(d)(2) due to worker safety requirements set forth by OSHA, CalOSHA, or another
municipal code or agency ;
2. A
detailed description of the alternative Building Enclosure compliance
measure(s), including documentation that demonstrates that these measures will
restrict air from escaping the Building Enclosure in an amount equal or greater
than the amount that would have been achieved by compliance with subsection
(d)(1) or (d)(2); and
3. The
timeframe in which the alternative Building Enclosure compliance plan will be
implemented.
(C) The
District shall notify the Owner or Operator in writing whether the alternative
Building Enclosure compliance plan submitted per subsection (d)(3)(A) is
approved or disapproved or incomplete.
1. If
the District determines that the request is incomplete, the District shall
issue a notice of deficiency in writing to the Owner or Operator . The Owner or
Operator shall submit a revised compliance plan that addresses the identified
deficiencies as required by Appendix 1, or the request will be
disapproved.
2. If the District
determines that the alternative Building Enclosure compliance plan will not
restrict air from escaping the Building Enclosure in an amount equal to or
greater than the amount that would have been achieved by compliance with
subsection (d)(1) or (d)(2), the District shall issue a notice of disapproval
in writing to the Owner or Operator .
3. If the request is complete and the
District determines that the alternative Building Enclosure compliance plan
restricts air from escaping the Building Enclosure in an amount equal to or
greater than the amount that would have been achieved by compliance with
subsection (d)(1) or (d)(2), the District shall issue a written notice
approving the alternative Building Enclosure compliance plan. This notice of
approval shall specify whether it covers the requirements set forth in
subsection (d)(1) or (d)(2), or both, as well as the alternative Building
Enclosure compliance plan to be implemented, and the timeframe in which it
shall be implemented.
(D) If the Owner or Operator complies with
the requirements set forth in the approval of the alternative Building
Enclosure compliance plan, they will be exempted from the applicable
requirements of subsection (d)(1) or (d)(2), or both, as set forth in the
notice of approval and for the timeframe indicated in the notice of
approval.
(e)
Requirements for Modified Facilities using Hexavalent
Chromium .
(1) An Owner or Operator of
an Existing Facility may only undergo a Modification of an Existing Facility
after January 1, 2024 as long as:
(A)
Permitted Annual Ampere-Hours , after Modification , do not exceed permitted
levels for the Existing or Modified Facility in place as of January 1, 2024;
and
(B) Any Hexavalent Chromium
Containing Tank (s) that undergo Modifications, including being added to the
Facility , meet all applicable requirements of this ATCM .
(2) Each Owner or Operator of a Modified
Facility shall, upon Initial Start-Up and during all subsequent Tank Operation ,
control Hexavalent Chromium emissions from all of the Facility 's Chrome Plating
Tank (s) by:
(A) Using an Add-on Air Pollution
Control Device (s) to control Hexavalent Chromium emissions, and
(B) Meeting an Emission Limitation of 0.00075
milligrams of Hexavalent Chromium per Ampere-Hour or less.
(3) Prior to Initial Start-Up of a Modified
Facility , the Owner or Operator shall conduct a Site-Specific Risk Analysis in
accordance with the District 's procedures. The analysis shall be submitted to
the District .
(f)
Emission Limitations for Tier III Hexavalent Chromium Containing Tanks,
excluding Chrome Plating Tanks, at Functional Chrome Plating
Facilities.
(1) Beginning on July 1,
2024, and until the Add-on Air Pollution Control Device specified in subsection
(f)(2) has been installed, cover the entire surface area of the Tank no later
than 30 minutes after ceasing operation of the Tank . Tank covers shall be free
of holes, tears, and gaps and made of a non-permeable and durable material such
as metal or plastic.
(2) Applicable
beginning on January 1, 2026, Hexavalent Chromium emissions from any Tank
subject to subsection (f) shall be collected and ventilated to an Add-on Air
Pollution Control Device that meets the following Hexavalent Chromium Emission
Limitations as demonstrated by a Source Test that meets the requirements under
section 93102.7.
(A) 0.00075 mg/Amp-Hr for any Tank (s) that
are connected to an Add-on Air Pollution Control Device that is also connected
to a Chrome Plating Tank .
(B) 0.20
mg/hr for any Tank (s) that are not covered by subsection (A), if the Add-on Air
Pollution Control Device has a maximum exhaust rate of 5,000 cubic feet per
minute or less per manufacturer 's specifications; or
(C) 0.004
mg/hr-ft2 for any Tank (s) that are not covered by
subsection (A), if the Add-on Air Pollution Control Device has a maximum
exhaust rate of greater than 5,000 cubic feet per minute per manufacturer 's
specification.
1. The applicable surface area
shall be based on the total surface area of all Tier III Tank (s) connected to
the same Add-on Air Pollution Control Device .
2. If the Owner or Operator elects to control
Tier II Tank (s) per the requirements of section
93102.4(g)(2),
the applicable surface area shall be based on the total surface area of all
Tier II and Tier III Tank (s) connected to the same Add-on Air Pollution Control
Device .
(3)
The requirements of section
93102.4(f)(2) do
not apply to Tank (s) if the Owner or Operator demonstrates to the District that
the uncontrolled Hexavalent Chromium emission rate of the Tank is less than
0.20 mg/hr, as demonstrated by a Source Test approved by the District per the
requirements of section
93102.7.
(4)
Permitting Process for Tanks
subject to subsection (f).
(A) The
Owner or Operator shall submit to the District prior to January 1, 2025, an
application for an authority to construct for any Add-on Air Pollution Control
Device to be used on any Tank (s) subject to subsection (f).
(B) The Owner or Operator shall conduct a
Source Test on the Tank (s) demonstrating that the applicable Emission
Limitation is satisfied.
1. For Tank (s)
subject to subsection (f)(2)(A), the Source Test shall be conducted during the
operation of the Chrome Plating Tank that is connected to the Tank subject to
subsection (f)(2)(A).
(C) The Owner or Operator shall submit to the
District an application for a permit to operate the Tank (s) that includes the
results of the Source Test .
(D) The
District shall not issue a permit to operate unless the Source Test
demonstrates that the applicable Emission Limitation is satisfied.
(g)
Requirements to control Hexavalent Chromium Emissions from Tier II
Tanks at Functional Chrome Plating Facilities.
(1) Beginning July 1, 2024, utilize a Tank
cover, Mechanical Fume Suppressant , or other method approved by the District .
If a Tank cover is used, cover the entire surface area of the Tank no later
than 30 minutes after ceasing operation of the Tank . Tank covers shall be free
of holes, tears, and gaps and made of a non-permeable and durable material such
as metal or plastic.
Notes
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 Code of Federal Regulations Part 63 Subpart N.
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.
2. Amendment of section heading, section and NOTE filed 12-28-2023; operative
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