[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Rules and Regulations]
[Pages 57913-57923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23806]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2005-0084; FRL-9466-1]
RIN 2060-AQ74
Amendments to National Emission Standards for Hazardous Air
Pollutants for Area Sources: Plating and Polishing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; withdrawal of direct final rule.
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SUMMARY: On June 12, 2008, the EPA issued national emission standards
for hazardous air pollutants (NESHAP) for the plating and polishing
area source category under section 112 of the Clean Air Act (CAA). On
June 20, 2011, the EPA proposed amendments to clarify that the emission
control requirements of the plating and polishing area source NESHAP
did not apply to any bench-scale activities. The amendments also made
several technical corrections and clarifications that are not
significant changes in the rule's requirements. In addition, on June
20, 2011, the EPA issued a direct final rule amending the area source
standards for plating and polishing area sources. Since we received an
adverse comment, we are withdrawing the direct final rule today
simultaneously with this final rule.
DATES: This final rule is effective on October 19, 2011. Effective
September 19, 2011, EPA withdraws the direct final rule published at 76
FR 35750 on June 20, 2011.
ADDRESSES:
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, Public
Reading Room, EPA West Building, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m. Eastern Standard Time (EST), Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744,
[[Page 57914]]
and the telephone number for the Air and Radiation 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: [email protected].
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Background Information
II. Summary of Comment and Response
III. Does this action apply to me?
IV. Where can I get a copy of this document?
V. Why are we amending this rule?
A. Clarification of Applicability for Bench-Scale Operations
B. Other Technical Corrections and Clarifications
VI. What are the changes to the area source NESHAP for plating and
polishing operations?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
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 and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Background Information
The EPA stated in the direct final rule titled, ``Amendments to
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Plating and Polishing'' which was published on June 20, 2011
(76 FR 35750) that if EPA received adverse comment by July 20, 2011,
the direct final rule would not take effect and EPA would publish a
timely withdrawal of the direct final rule in the Federal Register. The
EPA subsequently received an adverse comment on the direct final rule.
Because EPA received an adverse comment, EPA is withdrawing the
direct final rule titled ``Amendments to National Emission Standards
for Hazardous Air Pollutants for Area Sources: Plating and Polishing.''
As stated in the parallel proposed rule (76 FR 35806) published on the
same day as a direct final rule, EPA will not institute a second
comment period in this proceeding concerning the Plating and Polishing
Area Sources amendments addressed in the direct final and parallel
proposed rules. EPA is addressing the adverse comment on the direct
final rule and providing final notice of the amended rule concurrent
with this withdrawal. This final rule is based on the parallel proposed
rule and includes a summary of the comment received and the EPA
response.
The amendments in this final rule clarify that the emission control
requirements of the plating and polishing area source NESHAP do not
apply to any bench-scale activities. Also, several technical
corrections and clarifications that do not make significant changes in
the rule's requirements have been made to the rule text. This rule
amendment increases flexibility and freedom of choice for the public,
and makes the rule more clear and intelligible which, as a result,
reduces burden.
II. Summary of Comment and Response
The EPA received one comment concerning the amended rule.
Comment: One comment was received from a semiconductor wafer and
photovoltaic (PV) cell manufacturer who performs electroless nickel
plating onto silicon wafers in clean rooms or segregated manufacturing
areas designed to limit contamination. The commenter stated that
emissions from metalization during these semiconductor and PV
manufacturing processes are too small to measure easily and
consequently could not have been included in the 1990 inventory. Also,
the commenter stated that semiconductor and PV facilities are not
similar to the large scale plating and polishing operations to which
the commenter believes the plating and polishing rule is intended to
apply. The commenter requested that these small-scale semiconductor and
PV manufacturing processes be exempted from the plating and polishing
rule along with the bench-scale operations described in the proposed
rule amendment.
Response: The semiconductor industry does both electroless and
electrolytic plating, as stated in the materials submitted by the
commenter. In both these plating processes, the concentration of
plating HAP in the plating solution is high, with electroplating having
a greater potential for air emissions than electroless plating.
According to information available to the EPA, many facilities in the
semiconductor industry were already controlling their HAP emissions at
the time of the final rule for plating and polishing in 2008 by the
control methods required by the plating and polishing area source rule.
Although HAP emissions from many facilities in the semiconductor
industry may be low, as the commenter describes, emissions from many
other affected facilities under this rule, as well as other area source
rules, are also low; hence their classification as area sources. The
intent of the area source rules is to set standards for low-emitting
sources with the potential to emit HAP and which are not major sources.
The semiconductor industry is very similar to other plating and
polishing industries that do a high production volume of plating using
solutions with high concentrations of metal HAP and, therefore, are the
intended subjects of the rule. To the extent that sources in the
semiconductor and PV manufacturing industry qualify as bench scale
operations, they also may be exempt from the plating and polishing rule
with as a result of this action. However, as individual industries, we
believe that area sources in the semiconductor and PV manufacturing
industries are the type of sources intended to be regulated under the
area source program and, more specifically, under the plating and
polishing rule for metal HAP. Therefore, no sources or classes of
sources are being added to the exemption for bench-scale operations in
today's action. Additionally, for electroless plating sources, the
plating and polishing rule requires management practices for minimizing
HAP emissions, as practicable, with no additional control requirements
or annual reporting. Therefore, the burden of the rule on facilities
similar to the commenter's is low, especially for facilities that are
already well controlled.
III. Does this action apply to me?
The regulated categories and entities potentially affected by the
final rule include:
[[Page 57915]]
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Category NAICS code \1\ Examples of regulated entities
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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.
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\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 will be regulated by this
action, you should examine the applicability criteria in 40 CFR
63.11475 of subpart WWWWWW (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).
IV. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this final action will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this final action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control.
V. Why are we amending this rule?
On July 1, 2008 (73 FR 37741), we issued the NESHAP for Area
Sources: Plating and Polishing (40 CFR part 63, subpart WWWWWW). The
final rule establishes air emission control requirements for new and
existing facilities that are area sources of hazardous air pollutants.
The final standards establish emission standards in the form of
management practices for new and existing tanks, thermal spraying
equipment, and dry mechanical polishing equipment in certain plating
and polishing processes. These final emission standards reflect the
EPA's determination regarding the generally achievable control
technology (GACT) and/or management practices for the area source
category.
In the time period since promulgation, it has come to our attention
that certain aspects of the rule as promulgated have led to
misinterpretations, inconsistencies, and confusion regarding the
applicability of the rule. These amendments make several technical
corrections and clarifications to the rule's text that will provide
clarity.
In addition to fulfilling the mandate in CAA section 112, these
amendments are also responsive to Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' issued on January 18, 2011, which
directs each Federal agency to ``periodically review its existing
significant regulations to determine whether any such regulations
should be modified, streamlined, expanded, or repealed so as to make
the agency's regulatory program more effective or less burdensome in
achieving the regulatory objectives.'' EPA's amended rule increases
flexibility and freedom of choice for the public, and makes the rule
more clear and intelligible which, as a result, reduces burden.
VI. What are the changes to the area source NESHAP for plating and
polishing operations?
We are amending this rule to clarify and correct inconsistencies
and inadequacies of the rule language that have come to our attention
since promulgation. These items are discussed in this section. There is
also a red-line version of the regulatory text in the docket that shows
the effect of these changes on the promulgated rule.
A. Clarification of Applicability for Bench-Scale Operations
EPA is making these amendments to the NESHAP for plating and
polishing operations that are area sources (40 CFR part 63, subpart
WWWWWW) to clarify that the rule was not intended to apply to process
units that are bench-scale operations.
Based on available inventory information, we believe that HAP
emissions from bench-scale activities were not part of the 1990
baseline inventory for the urban air toxics program that supported the
area source listing decision for this category. The plating and
polishing category includes job shop operations dedicated to plating
and polishing operations, and original equipment manufacturers with
large-scale plating and polishing processes. We believe that this
definition is also consistent with the basis of the listing of the
plating and polishing source category in the 1990 air toxics inventory.
Therefore, this amendment clarifies that the emission control
requirements of the plating and polishing area source rule do not apply
to bench-scale activities. Further, our experience is that the types of
plating and polishing operations that are bench-scale use small
containers on the scale of 25 gallons or less, and any potential air
emissions would be too low to measure. Bench-scale processes are
defined in this final rule as: ``Any operation that is small enough to
be performed on a bench, table, or similar structure so that the
equipment is not directly contacting the floor.''
B. Other Technical Corrections and Clarifications
To clarify our intent in the rule and reduce misinterpretations
that have come to our attention since the final rule was published in
July 2008, we
[[Page 57916]]
have made certain clarifications and technical corrections to the rule
text.
We are clarifying that certain process units and operations are not
part of the affected activity, based on our knowledge of the area
source inventory on which the source category description was derived.
These processes include activities such as plating, polishing, coating
or thermal spraying conducted to repair surfaces or equipment.
Similarly, other EPA area source rules also do not include repair and
maintenance activities at manufacturing facilities as affected
operations for air pollution control purposes, such as area source
regulations for Nine Metal Fabrication and Finishing source categories
(40 CFR part 63, subpart XXXXXX).
In addition, we are clarifying the descriptions of standards and
management practices to better reflect the industry and manufacturer's
equipment operations. For example, in the standards and compliance
requirements, the addition of wetting agents/fume suppressants to tank
baths has been clarified to reflect manufacturers' specifications,
including flexibility to the operator that may be provided in the
specifications. We intended the requirements of the final rule to be
consistent with practices conducted based on manufacturers'
specifications. Definitions of operations and procedures were also
corrected in order to clarify the scope of the rule, the affected
processes, and make applicability and other definitions consistent
within the rule. These are listed in the following paragraphs.
We are clarifying that certain operations were not part of the
original urban air toxics inventory on which this source category was
defined and, therefore, we are revising the regulatory text to clarify
that these operations are not subject to the requirements of the rule,
as described below.
We are clarifying that the affected operations do not include
plating or polishing performed to repair equipment or for maintenance
purposes. The final rule excluded repair operations performed with
thermal spraying as a result of comments received after proposal. In
the time period since the rule was promulgated, we learned that plating
or coating was also done for repair purposes, usually with small paint
brushes and not in tanks. Therefore, we have amended the rule to add
``any'' plating and polishing process as the types of repair processes
which are not affected operations under the rule. This change is based
on the original urban air toxics inventory on which the source category
was defined.
We are clarifying that certain operations were intended to be part
of the affected sources and, therefore, we are revising the regulatory
text to clarify that these operations are subject to the requirements
of the rule, as described below.
We are clarifying that thermal spraying is another process to which
the requirements for dry mechanical polishing apply. The final rule
stated that dry mechanical polishing was an affected process if
performed after plating. Since thermal spraying is one of the plating
and polishing processes used to plate metal onto surfaces, we intended
to include dry mechanical polishing done after thermal spraying as an
affected process, and are making that clarification in today's action.
We are also clarifying that language of the rule to reflect the
fact that flame spraying, which is a different name for thermal
spraying, is subject to the rule. We are also clarifying that thermal
and flame spraying operations do not include spray painting at ambient
temperatures. After promulgation of the final rule, we learned that
flame spraying is another name for thermal spraying--both terms are
used for an identical process. However, spray coating at room
temperatures is another process entirely, with a different definition,
and is already addressed under subpart HHHHHH of this part, which
regulates spray painting and other similar spray coating processes
performed without the use of heat or flame. Therefore, spray coating at
room temperatures is not subject to the requirements of this rule.
In addition, we are making clarifications to the rule language to
better describe certain rule requirements which have been
misinterpreted since the time of promulgation. The following is a
discussion of these items.
First, we are clarifying that although Material Safety Data Sheets
(MSDS) may be used to determine the amount of plating and polishing
metal HAP in materials used in the plating or polishing process, MSDS
are not required to be used and are not the only method to determine
HAP content. Other methods include laboratory analysis or engineering
estimate of the HAP content of the bath, which are also reliable
indicators of HAP content. The reference to MSDS in the final rule was
only intended to provide an example of readily available resources to
determine the HAP content of materials used in plating and polishing
and was not meant to be the exclusive method to be used. Therefore, we
are amending the rule to clarify that these other methods are
acceptable.
We are also clarifying that for plating or polishing tanks, the HAP
content may be determined from the final bath contents ``as used'' to
plate or to polish rather than the HAP content of the individual
components, to better reflect the fact that HAP emissions are based on
the concentration of HAP within the tank. The most important
concentration of plating HAP as it relates to the potential for HAP to
be emitted is the concentration of HAP within the tank. We received
information after promulgation of the final rule demonstrating that
measuring the concentration of pure ingredients in the pure form (``as
added'') could misrepresent the HAP concentration within the tank for
some platers. Therefore, in today's action we are amending the rule to
also allow measurement of HAP content of the final solution within the
tank to determine applicability to the rule. We are retaining the ``as
added'' measurement point since this point provides a conservative
value because the materials added will only be more dilute once they
are placed in the tank, and because it may be easier to perform the
measurement ``as added'' for some plating operations. Facilities may
still use the HAP concentrations specified in the individual MSDS for
each ingredient used in the tank to establish the total HAP content of
the tank for the purposes of this rule.
We are clarifying that when facilities add wetting agent/fume
suppressant to replenish the plating baths, they can add these
ingredients in amounts such that the bath contents are returned to that
of the original make-up of the bath and do not have to add the full
amounts originally added on startup. Adding more wetting agent/fume
suppressant than needed to return the bath contents to their original
make-up will not necessarily reduce HAP emissions. This revision
ensures that the concentration of the wetting agent/fume suppressant
does not change. The wetting agent/fume suppressant concentration in
the tank is one of the key features for proper plating as well as for
emission control. However, adding more wetting agent/fume suppressant
beyond the amount recommended by the manufacturer is not necessarily
better for pollution control and in many cases could be detrimental to
the plating process itself. Therefore, we are permitting the addition
of smaller amounts of wetting agent than that original amount as long
as the amount added brings the tank back to its original concentration
of wetting agent/fume suppressant. We intended in the final rule that
platers
[[Page 57917]]
maintain the concentration of wetting agent/fume suppressant as
recommended by the manufacturer and this change today enables platers
to add only the amount that is needed to maintain the correct
concentration.
We are also clarifying the definition of startup of an affected
plating or polishing bath to explain that startup of the bath does not
include events where only the tank's heating or agitation and other
mechanical operations are turned back on after being turned off for a
period of time. The chemical make-up of the original tank bath is the
key point in time at which startup of the tanks occurs, rather than the
existence of electricity supplied to the tanks for heating, agitation,
or other physical conditions. Therefore, we are revising the definition
of the startup of tanks to specify that this startup is when the tank
baths are originally created. If startup begins at the time electricity
is delivered to the tank, this could lead to facilities refraining from
turning off the power when the tanks are not in use to avoid startup
requirements when the plating is resumed. This practice could lead to
wasting of energy and possibly increases in air pollution as tanks
remain heated or agitated for hours longer than needed. Therefore, by
defining tank startup as the time of the original bath make-up, we are
encouraging facilities to shut down the electricity to their tanks when
not in use and eliminating unnecessary startup procedures to comply
with the rule.
We are also adding ``cartridge'' filters as a type of filter that
can fulfill the control requirement in all instances where the general
category of ``filters'' are specified. Cartridge filters are a specific
type of filter used in air pollution control that give the same
performance as fabric filters in terms of particle control in, for
example, dry mechanical polishing or thermal spraying. Cartridge
filters are more compact than fabric filters and more useful in
industrial machinery settings where space is limited. Therefore, we
have added cartridge filters as a type of filter permitted as a control
device under the rule.
We are also clarifying that the rule requirement to maintain and
record the minimum amount of time that tank covers must be used is only
applicable when covers are the sole method of complying with the GACT
operating standards, and these requirements for recordkeeping do not
apply when another method is used to comply with the GACT operating
standards, or when covers are used as a management practice. The use of
covers is a method of complying with the GACT operating standards for
electroplating processes as well as for complying with the management
practices for both electrolytic and electroless plating, and polishing
operations. When covers are used as a management practice, there are no
specific requirements under the rule for the amount of time or the
amount of surface area coverage as there is for the GACT operating
standards. Covers used for complying with the GACT operating standard
are more critical to emission control and therefore need to have
stricter time requirements, such as 95 percent of the plating time or,
in the case of continuous plating, cover 75 percent of the surface
area. Covers used as a management practice are used on processes where
either control of emissions is not critical to pollution control due to
low emissions, or where other methods of control are being used to meet
the GACT requirements, such as wetting agents/fume suppressant. In many
cases, covers are used as a management practice where the process does
not allow the covers to be used for as much time or over as much
surface area as the operating standards in the rule. Factors that can
interfere in the use of covers for as long as needed to meet the GACT
operating standard are, for example, processes where workers have to
remove and load parts frequently. In this situation, another method of
achieving the operating standard is used, such as wetting agents/fume
suppressant. The use of covers for any part of the plating time,
regardless of other controls or practices employed, is a management
strategy for pollution prevention and is encouraged.
Therefore, we are clarifying that when covers are used as a
management practice, facilities are not required to document the time
the covers are in place in the same way as covers used for meeting the
GACT operating standard. We are amending the rule today to make this
point clear and to encourage pollution prevention achieved by the use
of covers, in general.
We are also clarifying that limiting and recording the time of
plating to fulfill the flash or short-term requirements in the rule is
only applicable when facilities comply with the GACT standard of this
subpart solely by limiting the plating time of the affected tank, and
do not apply to plating done for short periods of time in general,
where other methods are used to comply with the GACT standards. Tanks
that perform plating for short periods of time, in general, are not
required to use the GACT regulatory option of limiting and recording
plating time to comply with the rule if another method of compliance is
used.
Similar to the discussion above on the use of covers, if facilities
with short-term plating use another method to comply with the rule, we
encourage them to still keep their plating times short and, hence,
minimize potential pollution. Therefore, we are clarifying that
documentation is not required for the practice of short-term plating,
in general, when another method of compliance with the rule is used.
We are clarifying that if a new affected source is started after
July 1, 2008, an Initial Notification must be submitted upon startup.
The final rule erroneously required the Initial Notification for new
sources to be submitted after 120 days of startup of the process (Sec.
63.11509(a)(3) ``What are my notification, reporting, and recordkeeping
requirements?'') as a result of a typographical error. Since we
generally require initial notification for new sources upon startup, we
have corrected the submittal date of the initial notification.
We are clarifying that if a facility makes a change to the methods
of compliance with the standard, an amended Notification of Compliance
Status should be submitted within 30 days of the change. Note that this
does not apply to any changes in the listed management practices. This
requirement is intended to ensure that the EPA is aware of changes in
the process or controls that may affect HAP emissions and compliance
with the rule. This notification can be in the form of the annual
report already required under the rule. This additional requirement
includes mailing the annual report (the preparation of which is already
required), and should not occur for many facilities in the industry and
will not be required frequently. Therefore we estimate that the burden
of this additional requirement is negligible. Electronic notifications
may be allowable by the air permit authorities or EPA regional
representative in some states or regions.
We are also clarifying that the management practices apply to all
affected plating and polishing operations, as practicable, not just
affected plating tanks. In the final rule, the management practices
were intended to apply to all plating and polishing operations under
this subpart and this amendment corrects that applicability. The word
``plating'' as used in the promulgated rule was intended to be a short
phrase to represent all plating and polishing operations. Although most
of the management practices do apply to
[[Page 57918]]
tanks, there are others that apply to all plating and polishing
sources, including: ``general good housekeeping,'' such as regular
sweeping or vacuuming, if needed; ``periodic washdowns,'' as
practicable; and ``regular inspections'' to identify leaks and other
opportunities for pollution prevention. Therefore, we are clarifying
that management practices apply to all plating and polishing
operations.
We have also made corrections that were primarily typographical in
nature, and added definitions for terms used in the rule that were not
defined to clarify our original intent in the rule. The revised or
added definitions to the rule are as follows (in alphabetical order):
``bath,'' ``bench-scale plating or polishing,'' ``conversion
coatings,'' ``dry mechanical polishing,'' ``electropolishing,''
``fabric filter,'' ``flash electroplating,'' ``maintenance,'' ``major
facility,'' ``metal coating operation,'' ``metal HAP content,'' ``non-
electrolytic plating,'' ``plating and polishing facility,'' ``plating
and polishing metal HAP,'' ``plating and polishing process tanks,''
``repair,'' ``startup of the tank bath,'' and ``thermal spraying.''
Finally, we are updating Table 1 of the rule titled ``Applicability
of General Provisions to Plating and Polishing Area Sources,'' to
reflect changes in the General Provisions that have occurred since the
rule was originally promulgated. Specifically, the previous provisions
relating to startup, shutdown, and malfunctions have been removed, in
light of the DC Circuit's decision in Sierra Club v. EPA, 551 F.3d 1019
(DC Cir. 2008). The emissions standards for plating and polishing area
sources are expressed as management practices, and these management
practice requirements can be met at all times. Therefore, exempting
sources from meeting these standards during periods of startup,
shutdown, and malfunction is not appropriate.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.
This action is responsive to Executive Order 13563, ``Improving
Regulation and Regulatory Review'' (76 FR 3821, January 21, 2011),
which directs each Federal agency to review existing significant
regulations to determine whether any regulations should be modified,
streamlined, expanded, or repealed so as to make the EPA's regulatory
program more effective or less burdensome in achieving the regulatory
objectives. This amended rule increases flexibility and freedom of
choice for the regulated community, and makes the rule more clear and
intelligible which, as a result, reduces burden.
B. Paperwork Reduction Act
This action does not impose any new information collection burden
therefore no new information collection request has been prepared.
These final amendments clarify that the emission control requirements
of the plating and polishing area source rule do not apply to bench-
scale activities. Also, several technical corrections and
clarifications that do not make material changes in the rule's
requirements have been made to the rule text. No new burden is
associated with these requirements because the burden was included in
the approved information request (ICR) for the existing rule. The
Office of Management and Budget (OMB) has previously approved the
information collection requirements contained in the existing
regulations (40 CFR part 63 subpart WWWWWW) under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has been assigned
OMB control number control number 2060-0623. The OMB control numbers
for EPA's regulations in 40 CFR are listed in 40 CFR part 9.
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 final rule on
small entities, small entity is defined as: (1) A small business that
meets the Small Business Administration size standards for small
businesses at 13 CFR 121.201 (whose parent company has fewer than 500
employees for NAICS code 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-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. We have
determined that the small entities in this area source category will
not incur any adverse impacts because this action makes only technical
corrections and clarifications that increase flexibility and does not
create any new requirements or burdens. No costs are associated with
these amendments to the NESHAP.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local, or Tribal governments or the private
sector. The action imposes no enforceable duty on any state, local or
Tribal governments or the private sector. The term ``enforceable duty''
does not include duties and conditions in voluntary Federal contracts
for goods and services. Thus, this action is not subject to the
requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The technical
corrections and clarifications made through this action contain no
requirements that apply to such governments, impose no obligations upon
them, and will not result in any expenditures by them or any
disproportionate impacts on them.
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'' are 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.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the states, on the relationship
between the national
[[Page 57919]]
government and the states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. The final rule makes certain technical
corrections and clarifications to the NESHAP for plating and polishing
area sources. These final corrections and clarifications do not impose
requirements on state and local governments. Thus, Executive Order
13132 does not apply to the final rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This final action does not have Tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 6, 2000). This final
rule makes certain technical corrections and clarifications to the
NESHAP for plating and polishing area sources. These final corrections
and clarifications do not impose requirements on Tribal governments.
They also have no direct effects on Tribal governments, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian Tribes. Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 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
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it makes
technical corrections and clarifications to the area source NESHAP for
plating and polishing area sources which is based solely on technology
performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113, section 12(d), 15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. The NTTAA directs EPA to provide Congress, through the
Office of Management and Budget, explanations when the agency does not
use available and applicable VCS.
This final rule does not involve technical standards. Therefore,
EPA did not consider the use of any VCS.
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 final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The technical corrections and clarifications in this final
rule do not change the level of control required by the NESHAP.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of Congress and to the Comptroller General
of the United States. EPA will submit a report containing these final
rule amendments and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the final rule amendments in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This final rule will be effective
on October 19, 2011.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: September 12, 2011.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 63.11504 is amended as follows:
0
a. By revising paragraph (a)(1)(iv); and
0
b. By revising paragraph (a)(2) to read as follows:
Sec. 63.11504 Am I subject to this subpart?
(a) * * *
(1) * * *
(iv) Dry mechanical polishing of finished metals and formed
products after plating or thermal spraying.
* * * * *
(2) A plating or polishing facility is an area source of HAP
emissions, where an area source 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 and any
combination of HAP at a rate of 22.68 Mg/yr (25 tpy) or more.
* * * * *
0
3. Section 63.11505 is amended as follows:
0
a. By revising paragraph (d)(4);
0
b. By revising paragraph (d)(5); and
0
c. By revising paragraph (d)(6) to read as follows:
Sec. 63.11505 What parts of my plant does this subpart cover?
* * * * *
(d) * * *
(4) Plating, polishing, coating, or thermal spraying conducted to
repair surfaces or equipment.
(5) Dry mechanical polishing conducted to restore the original
finish to a surface.
(6) Any plating or polishing process that uses process materials
that contain
[[Page 57920]]
cadmium, chromium, lead, or nickel (as the metal) in amounts less than
0.1 percent by weight, or that contain manganese in amounts less than
1.0 percent by weight (as the metal), as used. Information used to
determine the amount of plating and polishing metal HAP in materials
used in the plating or polishing process may include information
reported on the Material Safety Data Sheet for the material, but is not
required. For plating or polishing tanks, the HAP content may be
determined from the final bath contents ``as used'' to plate or to
polish.
* * * * *
0
4. Section 63.11507 is amended as follows:
0
a. By revising paragraph (a)(1) introductory text;
0
b. By revising paragraph (a)(1)(ii);
0
c. By revising paragraph (d)(1);
0
d. By revising paragraph (e);
0
e. By revising paragraph (f)(1); and
0
f. By revising paragraph (f)(2) to read as follows:
Sec. 63.11507 What are my standards and management practices?
(a) * * *
(1) You must use a wetting agent/fume suppressant in the bath of
the affected tank, as defined in Sec. 63.11511, ``What definitions
apply to this subpart?'' and according to paragraphs (a)(1)(i) through
(iii) of this section.
* * * * *
(ii) You must add wetting agent/fume suppressant in proportion to
the other bath chemistry ingredients that are added to replenish the
bath, as in the original make-up of the bath, or in proportions such
that the bath contents are returned to that of the original make-up of
the bath.
(d) * * *
(1) You must measure and record the pH of the bath upon startup of
the bath, as defined in Sec. 63.11511, ``What definitions apply to
this subpart?'' No additional pH measurements are required.
* * * * *
(e) If you own or operate an affected new or existing dry
mechanical polishing machine that emits one or more of the plating and
polishing metal HAP, you must operate a capture system that captures
particulate matter (PM) emissions from the dry mechanical polishing
process and transports the emissions to a cartridge, fabric, or high
efficiency particulate air (HEPA) filter, according to paragraphs
(e)(1) and (2) of this section.
* * * * *
(f) * * *
(1) For existing permanent thermal spraying operations, you must
operate a capture system that collects PM emissions from the thermal
spraying process and transports the emissions to a water curtain,
fabric filter, cartridge, or HEPA filter, according to paragraphs
(f)(1)(i) and (ii) of this section.
* * * * *
(2) For new permanent thermal spraying operations, you must operate
a capture system that collects PM emissions from the thermal spraying
process and transports the emissions to a fabric, cartridge, or HEPA
filter, according to paragraphs (f)(2)(i) and (ii) of this section.
* * * * *
0
5. Section 63.11508 is amended as follows:
0
a. By revising paragraph (c)(3) introductory text;
0
b. By revising paragraph (c)(4) introductory text;
0
c. By revising paragraph (c)(5) introductory text;
0
d. By revising paragraph (c)(6) introductory text;
0
e. By revising paragraph (c)(7)(i);
0
f. By revising paragraph (c)(9)(i);
0
g. By revising paragraph (c)(10)(i);
0
h. By revising paragraph (d)(3)(ii) introductory text;
0
i. By revising paragraph (d)(3)(ii)(A);
0
j. By revising paragraph (d)(5) introductory text;
0
k. By revising paragraph (d)(6) introductory text; and
0
l. By revising paragraph (d)(7) introductory text to read as follows:
Sec. 63.11508 What are my compliance requirements?
* * * * *
(c) * * *
(3) If you own or operate an affected batch electrolytic process
tank, as defined in Sec. 63.11511, ``What definitions apply to this
subpart?'' that contains one or more of the plating and polishing metal
HAP and which is subject to the requirements in Sec. 63.11507(a),
``What are my standards and management practices?'' and you use a tank
cover, as defined in Sec. 63.11511, to comply with Sec. 11507(a), (b)
or (c) of this subpart, you must demonstrate initial compliance
according to paragraphs (c)(3)(i) through (iv) of this section.
* * * * *
(4) If you own or operate an affected continuous electrolytic
process tank, as defined in Sec. 63.11511, ``What definitions apply to
this subpart?'' that contains one or more of the plating and polishing
metal HAP and is subject to the requirements in Sec. 63.11507(a),
``What are my standards and management practices?'' and you cover the
tank surface to comply with Sec. 11507(a), (b) or (c) of this subpart,
you must demonstrate initial compliance according to paragraphs
(c)(4)(i) through (iv) of this section.
* * * * *
(5) If you own or operate an affected flash or short-term
electroplating tank that contains one or more of the plating and
polishing metal HAP and is subject to the requirements in Sec.
63.11507(b), ``What are my standards and management practices?'' and
you comply with Sec. 11507(a), (b) or (c) of this subpart by limiting
the plating time of the affected tank, you must demonstrate initial
compliance according to paragraphs (c)(5)(i) through (iii) of this
section.
* * * * *
(6) If you own or operate an affected flash or short-term
electroplating tank that contains one or more of the plating and
polishing metal HAP and is subject to the requirements in Sec.
63.11507(b), ``What are my standards and management practices?'' and
you comply with Sec. 11507(a), (b) or (c) of this subpart by operating
the affected tank with a cover, you must demonstrate initial compliance
according to paragraphs (c)(6)(i) through (iv) of this section.
* * * * *
(7) * * *
(i) You must report in your Notification of Compliance Status the
pH of the bath solution that was measured at startup, as defined in
Sec. 63.11511, according to the requirements of Sec. 63.11507(d)(1).
* * * * *
(9) * * *
(i) You must install a control system that is designed to capture
PM emissions from the thermal spraying operation and exhaust them to a
water curtain, or a cartridge, fabric, or HEPA filter.
* * * * *
(10) * * *
(i) You must install and operate a control system that is designed
to capture PM emissions from the thermal spraying operation and exhaust
them to a cartridge, fabric, or HEPA filter.
* * * * *
(d) * * *
(3) * * *
(ii) For tanks where the wetting agent/fume suppressant is a
separate 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
[[Page 57921]]
bath chemistry ingredients that are added to replenish the tank bath,
as in the original make-up of the tank; or in proportion such that the
bath is brought back to the original make-up of the tank.
* * * * *
(5) If you own or operate an affected flash or short-term
electroplating tank that contains one or more of the plating and
polishing metal HAP and is subject to the requirements in Sec.
63.11507(b), ``What are my standards and management practices?'' and
you comply with Sec. 11507(a), (b) or (c) of 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.
* * * * *
(6) If you own or operate an affected batch electrolytic process
tank that contains one or more of the plating and polishing metal HAP
and is subject to the requirements of Sec. 63.11507(a), ``What are my
standards and management practices?'' or a flash or short-term
electroplating tank that contains one or more of the plating and
polishing metal HAP and is subject to the requirements in Sec.
63.11507(b), and you comply with Sec. 11507(a), (b) or (c) of this
section by operating the affected tank with a cover, you must
demonstrate continuous compliance according to paragraphs (d)(6)(i)
through (iii) of this section.
* * * * *
(7) If you own or operate an affected continuous electrolytic
process tank that contains one or more of the plating and polishing
metal HAP and is subject to the requirements in Sec. 63.11507(a),
``What are my standards and management practices?'' and you comply with
Sec. 11507(a), (b) or (c) of this subpart by operating the affected
tank with a cover, you must demonstrate continuous compliance according
to paragraphs (d)(7)(i) and (ii) of this section.
* * * * *
0
6. Section 63.11509 is amended as follows:
0
a. By revising paragraph (a)(4);
0
b. By revising paragraph (b) introductory text;
0
c. By adding new paragraph (b)(3);
0
d. By revising paragraph (c)(3);
0
e. By revising paragraph (c)(4);
0
f. By revising paragraph (c)(5); and
0
g. By revising paragraph (c)(6) to read as follows:
Sec. 63.11509 What are my notification, reporting, and recordkeeping
requirements?
(a) * * *
(4) If you startup your new affected source after July 1, 2008, you
must submit an Initial Notification when 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 paragraphs (b)(1)
through (3) of this section.
* * * * *
(3) If a facility makes a change to any items in (b)(2)(i), iii,
and (iv) of this section that does not result in a deviation, an
amended Notification of Compliance Status should be submitted within 30
days of the change.
(c) * * *
(3) If you own or operate an affected flash or short-term
electroplating tank that is subject to the requirements in Sec.
63.11507(b), ``What are my standards and management practices?'' and
you comply with Sec. 11507(a), (b) or (c) of this subpart by limiting
the plating time of the affected tank, you must state in your annual
compliance certification that you have limited short-term or flash
electroplating to no more than 1 cumulative hour per day or 3
cumulative minutes per hour of plating time.
(4) If you own or operate an affected batch electrolytic process
tank that is subject to the requirements of Sec. 63.11507(a) or a
flash or short-term electroplating tank that is subject to the
requirements in Sec. 63.11507(b), ``What are my standards and
management practices?'' and you comply with Sec. 11507(a), (b) or (c)
of this subpart 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 electrolytic process
time.
(5) If you own or operate an affected continuous electrolytic
process tank that is subject to the requirements of Sec. 63.11507(a),
``What are my standards and management practices?'' and you comply with
Sec. 11507(a), (b) or (c) of this subpart by operating the affected
tank with a cover, you must state in your annual certification that you
have covered at least 75 percent of the surface area of the tank during
all periods of electrolytic process operation.
(6) If you own or operate an affected tank or other affected
plating and polishing operation that is subject to the management
practices specified in Sec. 63.11507(g), ``What are my standards and
management practices?'' you must state in your annual compliance
certification that you have implemented the applicable management
practices, as practicable.
* * * * *
0
7. Section 63.11511 is amended by:
0
a. Adding, in alphabetical order, new definitions of ``bench-scale,''
``conversion coatings,'' ``filters,'' ``major facility for HAP,''
``maintenance,'' ``metal HAP content of material used in plating and
polishing,'' ``repair,'' and ``startup of the tank bath''; and
0
b. Revising the definitions of ``bath,'' ``dry mechanical polishing,''
``electropolishing,'' ``fabric filter,'' ``flash electroplating,''
``metal coating operation,'' ``non-electrolytic plating,'' ``plating
and polishing facility,'' ``plating and polishing metal HAP,''
``plating and polishing process tanks,'' and ``thermal spraying.''
Sec. 63.11511 What definitions apply to this subpart?
* * * * *
Bath means the liquid contents of a tank, as defined in this
section, which is used for electroplating, electroforming,
electropolishing, or other metal coating processes at a plating and
polishing facility.
Bench-scale means any operation that is small enough to be
performed on a bench, table, or similar structure so that the equipment
is not directly contacting the floor.
* * * * *
Conversion coatings are coatings that form a hard metal finish on
an object when the object is submerged in a tank bath or solution that
contains the conversion coatings. Conversion coatings for the purposes
of this rule include coatings composed of chromium, as well as the
other plating and polishing metal HAP, where no electrical current is
used.
* * * * *
Dry mechanical polishing means a process used for removing defects
from and smoothing the surface of finished metals and formed products
after plating or thermal spraying with any of the plating and polishing
metal HAP, as defined in this section, using automatic or manually-
operated machines that have hard-faced abrasive wheels or belts and
where no liquids or fluids are used to trap the removed metal
particles. The affected process does not include polishing with use of
pastes, liquids, lubricants, or any other added materials.
* * * * *
Electropolishing means an electrolytic process performed in a tank
after plating that uses or emits any of the plating and polishing metal
HAP, as defined in this section, 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;
[[Page 57922]]
electropolishing is also called electrolytic polishing. For the
purposes of this subpart, electropolishing does not include bench-scale
operations.
Fabric filter means a type of control device used for collecting PM
by filtering a process exhaust stream through a filter or filter media.
A fabric filter is also known as a baghouse.
Filters, for the purposes of this part, include cartridge, fabric,
or HEPA filters, as defined in this section.
Flash electroplating means an electrolytic process performed in a
tank that uses or emits any of the plating and polishing metal HAP, as
defined in this section, and that is used no more than 3 cumulative
minutes per hour or no more than 1 cumulative hour per day.
* * * * *
Maintenance is any process at a plating and polishing facility that
is performed to keep the process equipment or the facility operating
properly and is not performed on items to be sold as products.
Major facility for HAP is any facility that emits greater than 10
tpy of any HAP, or that emits a combined total of all HAP of over 25
tpy, where the HAP used to determine the total facility emissions are
not restricted to only plating and polishing metal HAP or from only
plating and polishing operations.
* * * * *
Metal coating operation means any process performed either in a
tank that contains liquids or as part of a thermal spraying operation,
that applies one or more plating and polishing metal HAP, as defined in
this section, to the surface of parts and products used in
manufacturing. These processes include but are not limited to: non-
chromium electroplating; electroforming; electropolishing; non-
electrolytic metal coating processes, such as chromate conversion
coating, electroless nickel plating, nickel acetate sealing, sodium
dichromate sealing, and manganese phosphate coating; and thermal or
flame spraying.
Metal HAP content of material used in plating and polishing is the
HAP content as determined from an analysis or engineering estimate of
the HAP contents of the tank bath or solution, in the case of plating,
metal coating, or electropolishing; or the HAP content of the metal
coating being applied in the case of thermal spraying. Safety data
sheet (SDS) information may be used in lieu of testing or engineering
estimates but is not required to be used.
* * * * *
Non-electrolytic plating means a process that uses or emits any of
the plating and polishing metal HAP, as defined in this section, 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. Non-electrolytic plating is also called
electroless plating. Examples include chromate conversion coating,
nickel acetate sealing, electroless nickel plating, sodium dichromate
sealing, and manganese phosphate coating.
* * * * *
Plating and polishing facility means a facility engaged in one or
more of the following processes that uses or emits any of the plating
and polishing metal HAP, as defined in this section: electroplating
processes other than chromium electroplating (i.e., non-chromium
electroplating); electroless plating; other non-electrolytic metal
coating processes performed in a tank, such as chromate conversion
coating, nickel acetate sealing, sodium dichromate sealing, and
manganese phosphate coating; thermal spraying; and the dry mechanical
polishing of finished metals and formed products after plating or
thermal spraying. Plating is performed in a tank or thermally sprayed
so that a metal coating is irreversibly applied to an object. Plating
and polishing does not include any bench-scale processes.
Plating and polishing metal HAP means any compound of any of the
following metals: cadmium, chromium, lead, manganese, and nickel, or
any of these metals in the elemental form, with the exception of lead.
Any material that does not contain cadmium, chromium, lead, or nickel
in amounts greater than or equal to 0.1 percent by weight (as the
metal), and does not contain manganese in amounts greater than or equal
to 1.0 percent by weight (as the metal), as reported on the Material
Safety Data Sheet for the material, is not considered to be a plating
and polishing metal HAP.
Plating and polishing process tanks means any tank in which a
process is performed at an affected plating and polishing facility that
uses or has the potential to emit any of the plating and polishing
metal HAP, as defined in this section. 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, nickel acetate sealing, sodium dichromate sealing, and
manganese phosphate coating; and electropolishing. This term does not
include tanks containing solutions that are used to clean, rinse or
wash parts prior to placing the parts in a plating and polishing
process tank, or subsequent to removing the parts from a plating and
polishing process tank. This term also does not include any bench-scale
operations.
* * * * *
Repair means any process used to return a finished object or tool
back to its original function or shape.
* * * * *
Startup of the tank bath is when the components or relative
proportions of the various components in the bath have been altered
from the most recent operating period. Startup of the bath does not
include events where only the tank's heating or agitation and other
mechanical operations are turned back on after being turned off for a
period of time.
* * * * *
Thermal spraying (also referred to as metal spraying or flame
spraying) is a process that uses or emits any of the plating and
polishing metal HAP, as defined in this section, in which a metallic
coating is applied by projecting heated, molten, or semi-molten metal
particles onto a substrate. Commonly-used thermal spraying methods
include high velocity oxy-fuel (HVOF) spraying, flame spraying,
electric arc spraying, plasma arc spraying, and detonation gun
spraying. This operation does not include spray painting at ambient
temperatures.
0
8. Table 1 to Subart WWWWWW of Part 63 is revised to read as follows:
Table 1 to Subpart WWWWWW of Part 63--Applicability of General
Provisions to Plating and Polishing Area Sources
------------------------------------------------------------------------
Citation Subject
------------------------------------------------------------------------
63.1\1\................................ Applicability.
63.2................................... Definitions.
63.3................................... Units and abbreviations.
[[Page 57923]]
63.4................................... Prohibited activities.
63.6(a), (b)(1)-(b)(5), (c)(1), (c)(2), Compliance with standards and
(c)(5), and (j). maintenance requirements.
63.10(a), (b)(1), (b)(2)(i)-(iii), Recordkeeping and reporting.
(xiv), (b)(3), (d)(1), (f).
63.12.................................. State authority and
delegations.
63.13.................................. Addresses of State air
pollution control agencies and
EPA regional offices.
63.14.................................. Incorporation by reference.
63.15.................................. Availability of information and
confidentiality.
------------------------------------------------------------------------
\1\ Section 63.11505(e), ``What parts of my plant does this subpart
cover?'', exempts affected sources from the obligation to obtain title
V operating permits.
[FR Doc. 2011-23806 Filed 9-16-11; 8:45 am]
BILLING CODE 6560-50-P