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PROPOSAL:

Adopt Proposed Rule 1469 - Hexavalent Chromium Emissions from Chrome Plating and Chromic Acid Anodizing Operations; and Repeal Rule 1169 - Hexavalent Chromium - Chrome Plating and Chromic Acid Anodizing

SYNOPSIS:

Proposed Rule 1469 - Hexavalent Chromium Emissions from Chrome Plating and Chromic Acid Anodizing Operations will incorporate and implement CARB’s amended Airborne Toxics Control Measure (ATCM) requirements for control of hexavalent chromium emissions from chrome plating operations and will replace AQMD’s existing Rule 1169 - Hexavalent Chromium - Chrome Plating and Chromic Acid Anodizing. The state ATCM has been recently amended to reflect the new requirements of the federal air toxic regulations for chrome plating operations.

COMMITTEE:

Stationary Source Committee, July 24, 1998, Reviewed

RECOMMENDED ACTION:

1. Adopt the attached resolution.

2. Certify the Notice of Exemption for adopting Proposed Rule 1469 - Hexavalent Chromium Emissions from Chrome Plating and Chromic Acid Anodizing Operations and repealing Rule 1169 - Hexavalent Chromium - Chrome Plating and Chromic Acid Anodizing.

3. Adopt Proposed Rule 1469 - Hexavalent Chromium Emissions from Chrome Plating and Chromic Acid Anodizing Operations.

4. Repeal Rule 1169 - Hexavalent Chromium - Chrome Plating and Chromic Acid Anodizing.

Barry R. Wallerstein, D.Env.
Acting Executive Officer

Background

In January 1986, California Air Resources Board (CARB) identified hexavalent chromium emissions from chrome plating and chromic acid anodizing operations as a toxic air contaminant, and adopted an Airborne Toxic Control Measure (Chrome Plating ATCM) in February 1988 to reduce chromium emissions. On June 3, 1988, the AQMD’s Governing Board adopted Rule 1169 to implement the requirements of the ATCM. AQMD Rule 1169 was amended in September 1989 and in December 1990.

In January 1995, the U.S. EPA promulgated National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks (Chrome Plating NESHAP). Consequently, chrome plating and anodizing operations in California have been subject to both the Chrome Plating ATCM and NESHAP since January 1995.

On May 21, 1998, CARB’s Board approved amendments to the Chrome Plating ATCM to consolidate the requirements from both the state and federal chrome plating regulations. AQMD can either implement and enforce the amended ATCM by September 18, 1998 or adopt an equally effective or more stringent regulation by November 21, 1998 (Health and Safety Code [H&SC] Section 39666). Since the Proposed Rule 1469 combines requirements of Rule 1169, the Chrome Plating ATCM and NESHAP, staff recommends adoption of a new rule to facilitate compliance of the affected industries and to repeal Rule 1169.

Proposal

AQMD’s new Proposed Rule 1469, except for some minor differences in formatting, definitions and reporting requirements to EPA, is identical to the CARB’s May 1998 amended Chrome Plating ATCM. Proposed Rule 1469 will include the requirements of the existing AQMD Rule 1169, and thus staff is recommending to repeal and replace Rule 1169 with the proposed new rule.

Summary of the requirements of the proposed Rule 1469 is as follows:

• Rule 1469 applies to hard chrome, decorative chrome, chromic acid, and trivalent chrome plating operations.

• Hard chrome plating operations are subject to emission limitations in mg/ampere hour.

• Decorative chrome and chromic acid anodizing operations must use either a wetting agent and maintain the surface tension to 45 dynes/cm or less or meet an emission limitation of 0.01 mg/dscm.

• Trivalent chrome operations must also use a wetting agent; however, no surface tension limit applies; or they must meet an emission limitation of 0.01 mg/dscm.

• All chrome plating and chromic acid anodizing operations are required to comply with additional reporting, operation, maintenance, and inspection requirements.

In comparison with Rule 1169, the Chrome Plating ATCM/Proposed Rule 1469 will add the following elements:

• Additional monitoring, recordkeeping and reporting;

• Change in format and/or additional emission standards that in some cases are more stringent than existing requirements for hard and decorative chrome plating operations; and,

• Added requirements for trivalent chrome plating operations, which are already widely used in practice by the chrome plating industry.

Implementation Issues

There are several issues associated with the proposed rule:

• ATCM Adoption/Implementation versus Adoption of a Local Rule

  H&SC Section 39666 requires AQMD to either implement and enforce an adopted or an amended ATCM within 120 days after the adoption of the ATCM or adopt an equally effective or more stringent regulation within 180 days after adoption or amendment to an ATCM. AQMD staff recommends adopting a new regulation to facilitate compliance for the chrome plating facilities. Adopting Proposed Rule 1469 rather than simply enforcing the state ATCM will ensure accessibility and disclosure of the new requirements to all chrome plating facilities since AQMD’s rule book can be easily obtained by any facility operating in this area. In addition, staff has also recommended excluding ATCM sections that mandate AQMD’s implementation requirements. This action will cause less confusion for facilities because the proposed rule language will be focused only on the facilities’ requirements.

• Permitting Requirements

  Since the Proposed Rule 1469 contains additional requirements for chrome plating facilities, staff is recommending to update existing area source’s permit conditions upon annual renewal at no cost to the permitted facilities. An area source is defined as a facility with potential to emit less than 10 tons per year of a single hazardous air pollutant (HAP) or potential to emit less than 25 tons per year of combinations of HAPs. For major source facilities (facilities with potential to emit more than 10 tons per year of a single HAP, or potential to emit more than 25 tons per year of combination of HAPs) staff is recommending to require submittal of a Title V permitting application, based on the AQMD’s Regulation XXX (as required by the Chrome Plating ATCM and NESHAP). Staff estimates it will cost approximately $50,000 to update existing permits.

• EPA Reporting Requirements

  Staff is recommending to exclude the Chrome Plating ATCM sections which mandate submittal of reports to the U.S. EPA from the Proposed Rule 1469 language. Since these requirements are related to AQMD’s implementation of the NESHAP, staff believes the appropriate location for these requirements is in the Governing Board resolution for Proposed Rule 1469 rather than in the text of the proposed rule. EPA concurs with staff’s recommendation.

Public Process/Key Issues

A public workshop on adoption of Proposed Rule 1469 and repeal of Rule 1169 was held by staff on May 28, 1998. Staff received a few comments requesting further clarification on permitting and reporting requirements of Proposed Rule 1469. None of the comments opposed the rule or raised any significant issues.

Representatives from the Metal Plating Association have been aware and supportive of CARB’s effort to consolidate the Chrome Plating ATCM and NESHAP. Since Proposed Rule 1469 is identical to the state Chrome Plating ATCM, staff has not received any objections from affected industry on adoption of Proposed Rule 1469 and repeal of Rule 1169.

AQMP and Legal Mandates

The adoption of Proposed Rule 1469 and repeal of Rule 1169 will not result in any excess emissions, nor negatively affect attainment of the ozone standard by 2010. In addition, adoption of Proposed Rule 1469 will satisfy implementation requirements of the state ATCM and, once determined equivalent with federal requirements by U.S. EPA, will satisfy AQMD’s Title V delegation requirements.

California Environmental Quality Act (CEQA) and Socioeconomic Analysis

The AQMD has reviewed the proposed project pursuant to state CEQA Guidelines § 15002 and AQMD CEQA Implementation Guidelines § 1.2, which involves a three-step process for determining the appropriate CEQA document. The first step involves a determination of whether CEQA applies at all. If the project is exempt, the process does not need to proceed any further, and a Notice of Exemption may be prepared [state CEQA Guidelines § 15002 (k)(1)].

AQMD staff has reviewed Proposed Rule 1469 and repeal of Rule 1169 and has determined the project is exempt from CEQA. Since Proposed Rule 1469 implements a required federal/state program, it is ministerially exempt from the requirements of CEQA pursuant to state CEQA Guidelines § 15268(a). Furthermore, because the Proposed Rule 1469 implements a regulation imposed by a state agency under a certified regulatory program, it is exempt from CEQA pursuant to Public Resources Code § 21080 (b)(15). A Notice of Exemption will be prepared pursuant to state CEQA Guidelines § 15062 and filed with the county clerks within the jurisdiction of the AQMD immediately following approval by the AQMD Governing Board.

Proposed Rule 1469 requires compliance with the existing state, federal and AQMD chrome plating regulations. There are minor costs associated with complying with the state and federal requirements. However, the affected facilities are currently subject to these requirements. The proposed action does not significantly affect air quality or emissions limitations. Therefore, a socioeconomic analysis is not required.

Resource Impact

Existing AQMD resources will be sufficient to implement all of the requirements of the Proposed Rule 1469 with no impact on the budget.

Attachments

Summary of Proposed Amendments
Rule Development Flow Chart
Key Contacts List
Resolution
Notice of Exemption from CEQA
Rule Language
Staff Report

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