HARD CHROME HARD CHROME ELECTROPLATING MACT ELECTROPLATING MACT

AMENDMENTS AMENDMENTS OVERVIEWOVERVIEW

40 CFR PART 63, SUBPART N40 CFR PART 63, SUBPART N

INTROINTRO

40 CFR Part 63, Subpart N original 40 CFR Part 63, Subpart N original promulgation date: 01/25/95;promulgation date: 01/25/95;• Amendment to Subpart N FR 42885, Amendment to Subpart N FR 42885,

dated July 19, 2004;dated July 19, 2004; OSHA Amendments Hexavalent Chrome OSHA Amendments Hexavalent Chrome

worker protection PEL reduction decision worker protection PEL reduction decision impact;impact;

Air Permit Requirements for facilities:Air Permit Requirements for facilities:• USEPA decision to waive Title V USEPA decision to waive Title V

requirement for Subpart N facilitiesrequirement for Subpart N facilities• Proposal dated, March 25, 2005.Proposal dated, March 25, 2005.

SUMMARYSUMMARY The intent of this summary is to provide an The intent of this summary is to provide an

overview of the amendments to:overview of the amendments to:• Subpart N,Subpart N,• OSHA rule change; 1218-AB45-1940, and OSHA rule change; 1218-AB45-1940, and • Amendments to Part 70, Title V, not to provide Amendments to Part 70, Title V, not to provide

all of the details. all of the details. • The Subpart N Amendment expanded the The Subpart N Amendment expanded the

definition of effected sources to include definition of effected sources to include rectifiers, anodes, heat exchanger equipment, rectifiers, anodes, heat exchanger equipment, circulation pumps and air agitation systems.circulation pumps and air agitation systems.

OSHAOSHA In July 1993, the Occupational Safety and In July 1993, the Occupational Safety and

Health Administration (OSHA) was Health Administration (OSHA) was petitioned for an emergency temporary petitioned for an emergency temporary standard (ETS) to reduce the Permissible standard (ETS) to reduce the Permissible Exposure Limit (PEL) for occupational Exposure Limit (PEL) for occupational exposures to hexavalent chromium (CrVI). exposures to hexavalent chromium (CrVI).

The current PEL in general industry is a The current PEL in general industry is a ceiling value of 100 ug/m3, measured as ceiling value of 100 ug/m3, measured as CrVI and reported as chromic anhydride CrVI and reported as chromic anhydride (CrO3). (CrO3).

OSHA began collecting data and OSHA began collecting data and performing preliminary analyses relevant performing preliminary analyses relevant to occupational exposure to CrVI.to occupational exposure to CrVI.

OSHA (cont’d.) OSHA (cont’d.) In 1997, OSHA was sued by the Oil In 1997, OSHA was sued by the Oil

Chemical & Atomic Workers and Public Chemical & Atomic Workers and Public Citizen’s Health Research Group (HRG) Citizen’s Health Research Group (HRG) for unreasonable delay in issuing a final for unreasonable delay in issuing a final CrVI standard. CrVI standard.

The 3rd Circuit, U.S. Court of Appeals The 3rd Circuit, U.S. Court of Appeals ruled in OSHA's favor and the Agency ruled in OSHA's favor and the Agency continued its data collection and continued its data collection and analytic efforts on hexavalent chromium analytic efforts on hexavalent chromium (CrVI).(CrVI).

OSHA (cont’d.) OSHA (cont’d.) December 4, 2002, OSHA announced its December 4, 2002, OSHA announced its

intent to proceed with developing a intent to proceed with developing a proposed standard. proposed standard.

On December 24, 2002, the 3rd Circuit, On December 24, 2002, the 3rd Circuit, U.S. Court of Appeals ruled in favor of U.S. Court of Appeals ruled in favor of HRG and ordered the Agency to proceed HRG and ordered the Agency to proceed expeditiously with a CrVI standard. expeditiously with a CrVI standard. OSHA published a notice of proposed OSHA published a notice of proposed rulemaking on CrVI on October 4, 2004.rulemaking on CrVI on October 4, 2004.

Public hearings were held February 1-Public hearings were held February 1-15, 2005.15, 2005.

OSHA (cont’d.) OSHA (cont’d.) Approximately 380,000 workers are Approximately 380,000 workers are

exposed to CrVI in general industry, exposed to CrVI in general industry, maritime, construction, and agriculture. maritime, construction, and agriculture.

Industries or work processes that could be Industries or work processes that could be particularly affected by a standard for CrVI particularly affected by a standard for CrVI include: Electroplating, welding, painting, include: Electroplating, welding, painting, chromate production, chromate pigment chromate production, chromate pigment production, ferrochromium production, production, ferrochromium production, iron and steel production, chromium iron and steel production, chromium catalyst production, and chromium dioxide catalyst production, and chromium dioxide and sulfate production.and sulfate production.

OSHA (cont’d.) OSHA (cont’d.) Alternatives:Alternatives: OSHA had considered OSHA had considered

non-regulatory approaches, including the non-regulatory approaches, including the dissemination of guidance on its web dissemination of guidance on its web site. However, OSHA has determined site. However, OSHA has determined that rulemaking is a necessary step to that rulemaking is a necessary step to ensure that workers are protected from ensure that workers are protected from the hazards of hexavalent chromium and the hazards of hexavalent chromium and the Agency has been ordered by the U.S. the Agency has been ordered by the U.S. Court of Appeals to move forward with a Court of Appeals to move forward with a final rule. final rule.

CAA AMENDED CAA AMENDED MANDATEMANDATE The Clean Air Act as amended in 1990 (CAA) The Clean Air Act as amended in 1990 (CAA)

directs EPA to regulate emissions of a directs EPA to regulate emissions of a number of toxic chemicals, including number of toxic chemicals, including chromium, from a wide range of industrial chromium, from a wide range of industrial sources. sources.

The hexavalent form of chromium is highly The hexavalent form of chromium is highly toxic and a known human carcinogen, toxic and a known human carcinogen, causing lung cancer; causing lung cancer;

Less is known about the cancer risk of the Less is known about the cancer risk of the trivalent form of chromium, but trivalent form of chromium, but

it can accumulate in the lungs and may it can accumulate in the lungs and may result in decreased lung function after result in decreased lung function after continuous exposure.continuous exposure.

WHY THE NESHAP, 40 CFR WHY THE NESHAP, 40 CFR Part 63 Subpart N?Part 63 Subpart N?

In November of 1994, the U. S. In November of 1994, the U. S. Environmental Protection Agency (EPA) Environmental Protection Agency (EPA) issued national regulations to control air issued national regulations to control air emissions of chromium from chromium emissions of chromium from chromium electroplating and anodizing tanks to electroplating and anodizing tanks to meet the requirements of the CAA. meet the requirements of the CAA.

The rule was promulgated on January The rule was promulgated on January 25, 1995.25, 1995.

What we are reviewing?What we are reviewing?

Review of 40 CFR Part 63, Subpart N Review of 40 CFR Part 63, Subpart N NESHAP (National Emission Standard for NESHAP (National Emission Standard for Hazardous Air Pollutants);Hazardous Air Pollutants);

NESHAP History (why the NESHAP);NESHAP History (why the NESHAP); Federal compliance requirements;Federal compliance requirements; Amendment to Subpart N FR 42885, Amendment to Subpart N FR 42885,

dated July 19, 2004;dated July 19, 2004; OSHA Hexavalent Chrome PEL OSHA Hexavalent Chrome PEL

stringency impact on Subpart N;stringency impact on Subpart N; Air Permit Requirements for facilitiesAir Permit Requirements for facilities

REVIEWREVIEW Rule applicability:Rule applicability:

• Covered operations;Covered operations;• Operations not covered;Operations not covered;

Standards to be followed, including work Standards to be followed, including work practice standards;practice standards;

Operating Limits; Operating Limits; Important dates.Important dates.

REVIEW (cont’d.)REVIEW (cont’d.)

New or existing source determination;New or existing source determination; General rule requirements;General rule requirements; Initial compliance demonstration; Initial compliance demonstration; Notification, Recordkeeping and Notification, Recordkeeping and

Reporting requirements;Reporting requirements; Compliance options;Compliance options;

REVIEW (cont’d.)REVIEW (cont’d.)

Facility File Inspection review:Facility File Inspection review:• Follow-up on OSHA issues;Follow-up on OSHA issues;• Need for stack testing;Need for stack testing;• Need for more control capacity;Need for more control capacity;

Frequently asked questions.Frequently asked questions.

BREADTH OF THE BREADTH OF THE REGULATIONREGULATION

Chromium electroplating and Chromium electroplating and anodizing tanks are one of the largest anodizing tanks are one of the largest sources of chromium emissions in the sources of chromium emissions in the United States.United States.

The regulatory requirements differ for The regulatory requirements differ for tanks that use a trivalent chromium tanks that use a trivalent chromium bath rather than a chromic acid bath rather than a chromic acid (hexavalent chromium) bath.(hexavalent chromium) bath.

WHO ARE THE EFFECTED WHO ARE THE EFFECTED SOURCES?SOURCES?

Hard chromium electroplating operations Hard chromium electroplating operations deposit a thick layer of chromium directly on deposit a thick layer of chromium directly on a base metal to provide wear and corrosion a base metal to provide wear and corrosion resistance, low friction, and hardness (for resistance, low friction, and hardness (for hydraulic cylinders, industrial rolls, etc.).hydraulic cylinders, industrial rolls, etc.).

Chromium anodizing operations form a Chromium anodizing operations form a chromium oxide layer on aluminum to chromium oxide layer on aluminum to provide corrosion resistance (for aircraft provide corrosion resistance (for aircraft parts, architectural structures, etc.). parts, architectural structures, etc.). specifically exempts certain types of sources.specifically exempts certain types of sources.

OVERVIEW OF THE OVERVIEW OF THE REGULATIONREGULATION

EMISSION LIMITS;EMISSION LIMITS; WORK PRACTICES.WORK PRACTICES.

EMISSION LIMITSEMISSION LIMITS

The regulation specifies emission The regulation specifies emission limits (expressed as concentration of limits (expressed as concentration of chromium) that can typically be chromium) that can typically be achieved by the use of a certain achieved by the use of a certain technique to reduce emissions (such technique to reduce emissions (such as a control device or wetting agent as a control device or wetting agent fume suppressant); fume suppressant);

EMISSION LIMITSEMISSION LIMITS

The emission limits and control The emission limits and control techniques used as the basis for these techniques used as the basis for these limits are:limits are:• 0.03 mg/dscm for small, existing hard 0.03 mg/dscm for small, existing hard

chromium electroplating tanks (packed chromium electroplating tanks (packed bed scrubber);bed scrubber);

• 0.015 mg/dscm for all other hard CR6 0.015 mg/dscm for all other hard CR6 tanks (composite mesh pad control)tanks (composite mesh pad control)

• 0.01 mg/dscm or a surface tension limit of 0.01 mg/dscm or a surface tension limit of 45 dynes per centimeter for decorative 45 dynes per centimeter for decorative CR6 electroplating and CR6 anodizing CR6 electroplating and CR6 anodizing tanks (fume suppressants).tanks (fume suppressants).

WORK PRACTICE WORK PRACTICE STANDARDSSTANDARDS

Work practice standards are required to Work practice standards are required to ensure that the control technique you use to ensure that the control technique you use to comply with the regulation is properly comply with the regulation is properly maintained (BIGGEST PROBLEM). maintained (BIGGEST PROBLEM).

Occupational Safety and Health Occupational Safety and Health Administration (OSHA) plans, or other Administration (OSHA) plans, or other existing plans as part of your O&M plan, as existing plans as part of your O&M plan, as long as they meet the criteria in the long as they meet the criteria in the regulation.regulation.

Reduction in the OSHA standard will not Reduction in the OSHA standard will not change the work practice requirements.change the work practice requirements.

TYPICAL FACILITY (Photo)TYPICAL FACILITY (Photo)

APPLICABILITY: Who is APPLICABILITY: Who is covered by this rule? covered by this rule? (Subpart N)(Subpart N)

Own or operate an Own or operate an EFFECTED EFFECTED SOURCESOURCE at a facility that is a area at a facility that is a area source,source,

Located at a major source, orLocated at a major source, or Part of a major source of hazardous Part of a major source of hazardous

air pollutants (HAPs).air pollutants (HAPs).

EFFECTED SOURCEEFFECTED SOURCE

Any effected source (as defined in Any effected source (as defined in §63.343) §63.343) is an existing facility and must is an existing facility and must follow requirements for any follow requirements for any performance tests under performance tests under §§63.7 and 63.7 and §63.9§63.9..

What are Some Operations’ What are Some Operations’ Emissions Impacted by Subpart Emissions Impacted by Subpart

N?N?

Fugitive emissions from Fugitive emissions from electroplating operations.electroplating operations.

The Work Practices standard and The Work Practices standard and O & M requirements have not O & M requirements have not

changed.changed.

IMPORTANT DATESIMPORTANT DATES New effected sources must be in compliance New effected sources must be in compliance

at startup. at startup. If the Hard Chrome Electroplating facility is If the Hard Chrome Electroplating facility is

an area source, but becomes part of a major an area source, but becomes part of a major source of HAP, compliance of source of HAP, compliance of § 63.343 is § 63.343 is required required upon startup.upon startup.

The effected sources must meet the The effected sources must meet the notification and scheduling requirements in notification and scheduling requirements in

§63.343. §63.343. Some of these notifications must be Some of these notifications must be

submitted before the effected source submitted before the effected source compliance date.compliance date.

TEST METHODSTEST METHODS

Subpart N clearly defines the test Subpart N clearly defines the test methods and other procedures in methods and other procedures in §63.344§63.344 used to demonstrate used to demonstrate initial compliance with the initial compliance with the emissions limitationsemissions limitations

CHECKLIST OF WORK CHECKLIST OF WORK PRACTICE STANDARDSPRACTICE STANDARDS Recommend a Checklist, for Recommend a Checklist, for

example;example;• A list of the work practice standards that A list of the work practice standards that

apply to your facility;apply to your facility;• Procedures to follow to ensure that Procedures to follow to ensure that

equipment or process malfunctions due equipment or process malfunctions due to poor maintenance or other to poor maintenance or other preventable conditions do not occur; andpreventable conditions do not occur; and

• Procedures for identifying malfunctions Procedures for identifying malfunctions and for implementing corrective actions.and for implementing corrective actions.

CHECKLIST (cont’d.)CHECKLIST (cont’d.)

You may use any standard You may use any standard operating procedure (SOP) operating procedure (SOP) manuals, vendor O&M manuals, manuals, vendor O&M manuals, OccupationalOccupationalSafety and Health Safety and Health Administration (OSHA) plans, Administration (OSHA) plans, or other existing plans as part or other existing plans as part of your O&M plan, as long as of your O&M plan, as long as they meet the criteria in the they meet the criteria in the regulation.regulation.

GENERAL OVERVIEW GENERAL OVERVIEW OF SUBPART N OF SUBPART N AMENDMENTSAMENDMENTS A REQUIREMENT TO ESTABLISH A REQUIREMENT TO ESTABLISH

NEW CMP SYSTEM OPERATING NEW CMP SYSTEM OPERATING LIMITS FOR THE NEW LIMITS FOR THE NEW PRESSURE DROP OPTION;PRESSURE DROP OPTION;

REPEAT INITIAL PERFORMANCE REPEAT INITIAL PERFORMANCE TEST;TEST;

SUBPART N SUBPART N AMENDMENTS TO THE AMENDMENTS TO THE FINAL RULEFINAL RULE FR 42885, July 19, 2004FR 42885, July 19, 2004 (5) technical issues addressed:(5) technical issues addressed:

• Use of fume suppressants for controlling Use of fume suppressants for controlling CR6 from electroplating tanks;CR6 from electroplating tanks;

• Revised surface tension limit for Revised surface tension limit for decorative chromium electroplating decorative chromium electroplating tanks using tensiometer (45 dynes/cm) tanks using tensiometer (45 dynes/cm) & stalagometer (35 dynes/cm) to & stalagometer (35 dynes/cm) to measure surface tensionmeasure surface tension;;

AMENDMENTS (cont’d.)AMENDMENTS (cont’d.)

An alternate emission limit for CR6 An alternate emission limit for CR6 tanks equipped with enclosed hoods;tanks equipped with enclosed hoods;• Not allowing mass rate of total exhaust Not allowing mass rate of total exhaust

gas CR6 to exceed allowable as gas CR6 to exceed allowable as calculated under calculated under §63.342(c) (2) (v)§63.342(c) (2) (v)

Equation: MAMER = ETSA X K X Equation: MAMER = ETSA X K X 0.015 mg/dscm:0.015 mg/dscm:

• MAMER is alternative emission rate in MAMER is alternative emission rate in mg/hr,mg/hr,

• ETSA is Hard CR6 electroplating tank ETSA is Hard CR6 electroplating tank surface area, and surface area, and

• K is conversion factor, 425 dscm/(ft2 X hr)K is conversion factor, 425 dscm/(ft2 X hr)

AMENDMENTS (cont’d.)AMENDMENTS (cont’d.) For existing tanks, use 0.03 mg/dscmFor existing tanks, use 0.03 mg/dscm Revised definitions for CR6 Revised definitions for CR6

electroplating and chromium electroplating and chromium anodizing tanks (includes peripheral anodizing tanks (includes peripheral equipment such as rectifiers…equipment such as rectifiers…considered routine maintenance);considered routine maintenance);

Amendment to the pressure drop Amendment to the pressure drop monitoring equipment for CMP control monitoring equipment for CMP control systems;systems;• Increase to +/- 2 inches w.c. from +/- Increase to +/- 2 inches w.c. from +/-

1.1.

OSHA HEXAVALENT CHROME OSHA HEXAVALENT CHROME PEL STRINGENCY IMPACT ON PEL STRINGENCY IMPACT ON SUBPART NSUBPART N OSHA required to publish final workplace CR6 OSHA required to publish final workplace CR6

PEL by October 2, 2004 (court decreed date).PEL by October 2, 2004 (court decreed date). Currently, OSHA is considering reduction by Currently, OSHA is considering reduction by

50 – 90% of current CR6 levels.50 – 90% of current CR6 levels. Could impact Subpart N control status;Could impact Subpart N control status; Increase in CR6 emissions may exceed Increase in CR6 emissions may exceed

design;design; Facility could become non-compliant.Facility could become non-compliant.

DO I NEED AN AIR PERMIT?DO I NEED AN AIR PERMIT?

USEPA and States require:USEPA and States require: State Air Operating PermitsState Air Operating Permits Construction PermitsConstruction Permits Title V PermitsTitle V Permits NESHAP Requirements incorporatedNESHAP Requirements incorporated

STATE PERMIT STATE PERMIT PROCESSPROCESS

The final chromium electroplating The final chromium electroplating regulation that was published in regulation that was published in the the Federal Register Federal Register on January on January 25, 1995 required all sources, 25, 1995 required all sources, major and non-major (i.e., area), major and non-major (i.e., area), to obtain a Title V operating to obtain a Title V operating permit. permit.

STATE PERMIT PROCESS STATE PERMIT PROCESS (Cont’d.)(Cont’d.) US EPA is considering amending the US EPA is considering amending the

final regulation to:final regulation to:• Allow States to defer for 5 years (i.e., Allow States to defer for 5 years (i.e.,

up to December 1999…December up to December 1999…December 2004 is “D-DAY”) all non- major hard 2004 is “D-DAY”) all non- major hard chromium electroplating operations chromium electroplating operations from the requirement to obtain a title from the requirement to obtain a title V permit;V permit;

STATE PERMIT PROCESS STATE PERMIT PROCESS (cont’d.)(cont’d.) Exempt all non-major decorative Exempt all non-major decorative

chromium electroplating and chromium chromium electroplating and chromium anodizing operations that use fume anodizing operations that use fume suppressants as an emission reduction suppressants as an emission reduction technology from the requirement to technology from the requirement to obtain a title V permit; and obtain a title V permit; and

Exempt all non-major decorative Exempt all non-major decorative chromium electroplating operations that chromium electroplating operations that use a trivalent chromium bath that use a trivalent chromium bath that incorporates a wetting agent as a bath incorporates a wetting agent as a bath ingredientingredient..

STATE PERMIT PROCESS STATE PERMIT PROCESS (cont’d.)(cont’d.)

The rule does sustain the requirement The rule does sustain the requirement for an effected source that requires a for an effected source that requires a Title V permit for criteria pollutants to Title V permit for criteria pollutants to also codify the Subpart N in that Title V also codify the Subpart N in that Title V permitpermit