[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Rules and Regulations]
[Pages 42918-42921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21143]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5872-7]


National Emission Standards for Chromium Emissions From Hard and 
Decorative Chromium Electroplating and Chromium Anodizing Tanks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On January 25, 1995, the EPA issued national emission 
standards for hazardous air pollutants (NESHAP) under Section 112 of 
the Clean Air Act, as amended in 1990, for Hard and Decorative Chromium 
Electroplating and Chromium Anodizing Tanks. The NESHAP requires 
existing and new major and area sources to control emissions of 
hazardous air pollutants by meeting emission limits that are based on 
the use of maximum achievable control technology (MACT). On January 30, 
1997, the EPA issued an interim final rule that revised the compliance 
date for some provisions for some of the sources subject to this 
standard. Specifically, the interim rule extended the compliance date 
for the monitoring, reporting, and recordkeeping (MRR) requirements for 
hard chromium electroplaters and chromium anodizing operations in 
California from January 25, 1997 to July 24, 1997.
    Based on the comments received on the interim final rule, the EPA 
has reconsidered the extension deadline and is promulgating these 
revisions in today's action. Specifically, today's action further 
extends the compliance date for performance test requirements and all 
the monitoring, reporting, and recordkeeping (MRR) requirements for 
hard chromium electroplaters and chromium anodizing operations in 
California to January 25, 1998.

DATES: The final rule will be effective August 11, 1997.

ADDRESSES: Docket. Docket No. A-88-02 containing the supporting 
information for the original NESHAP and this action, are available for 
public inspection and copying between 8:00 a.m. and 5:30 p.m., Monday 
through Friday, at the EPA's Air and Radiation Docket and Information 
Center, Waterside Mall, room M-1500, first floor, 401 M Street SW., 
Washington, DC 20460, or by calling (202) 260-7548 or 260-7549. A 
reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Lalit Banker, Emission Standards 
Division (MD-13), U.S. Environmental Protection Agency, Office of Air 
Quality Planning and Standards, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5420.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    The regulated category and entities affected by this action include 
the hard chromium electroplating and chromium anodizing operations in 
the State of California only. To determine whether your facility is 
regulated by this action, you should carefully examine the 
applicability criteria in Sec. 63.340 of the regulation. If you have 
questions

[[Page 42919]]

regarding the applicability of this action to a particular entity, 
consult your State/local agency, EPA regional office, or the EPA Office 
of Enforcement and Compliance Assurance.

I. Basis for Changes to Rule

    In response to two public comments received and further 
consideration by the EPA, the following changes have been made to the 
rule since the interim final rule. The EPA is extending the compliance 
date for all the MRR requirements for hard chromium electroplaters and 
the chromium anodizing sources in California from January 25, 1997, to 
January 25, 1998 (the interim final rule extended some of these up to 
July 24, 1997). Also, the performance test completion date is extended 
for all the hard chromium electroplaters and the chromium anodizing 
sources in California for which a source test is required from July 24, 
1997, to January 25, 1998.
    These changes are made primarily to allow more time for the 
California Air Resources Board (CARB) to establish and obtain approval 
under Subpart E of its MRR requirements for these sources that would be 
at least as stringent as the Federal NESHAP requirements. It also will 
allow more time for EPA to review and approve/disapprove over one 
hundred performance tests for sources that performed these tests prior 
to July 24, 1997. CARB and EPA Region IX have developed a source test 
review protocol to use in reviewing these performance tests for 
approval. Those sources whose performance tests are disapproved will 
have to perform additional performance test(s) following the criteria 
and methods provided in the final NESHAP rule. Thus, the extension will 
give CARB and the sources additional time to achieve this. The net 
effect of this compliance extension will be that all the hard chromium 
electroplating and chromium anodizing sources in California that apply 
add-on emission control devices to reduce chromium emissions will 
continue to operate as they do now, while complying with the current 
applicable State/district rules. The Federal NESHAP continues to 
require these sources to monitor applicable parameters on and after the 
date on which the initial performance test is required to be completed, 
which is currently July 24, 1997. However, for chromium anodizing 
sources that use fume suppressants as the control technology, the MRR 
requirements were effective January 25, 1997, if they choose not to do 
a performance test (which is allowed). Today's action extends these 
dates to January 25, 1998.
    As stated in the interim final rule, there is no adverse 
environmental impact as a result of this extension. The sources in 
California presently are required to comply with California's ``Chrome 
Plating Air Toxics Control Measure'' (February 1988), which specifies 
the application of control technology (already in place) that is 
identical to that required by the Chromium NESHAP. The Chromium NESHAP 
requires control technology to be installed by January 25, 1997. 
California is in the process of obtaining approval of its rule, 
including State MRR requirements, as equivalent to the Federal rule 
under section 112(l) of the CAA, 42 U.S.C. Sec. 7412(l). In the event 
that California is unable to obtain approval before January 25, 1998, 
the requirements of the Chromium NESHAP will take effect. In this 
action, the EPA is not extending the date by which control technology 
must be installed, only the date by which California sources subject to 
the rule must meet the Federal performance testing and MRR 
requirements. This extension is not considered for similar sources in 
other States because no other State has a pre-existing State regulation 
that requires the installation of equivalent control technology by 
January 25, 1997, nor is any other State seeking approval of an 
equivalent rule or other authority.

II. Impacts

    The extension of the performance testing and MRR compliance dates 
for some sources in California will not have any detrimental 
environmental effects because there is no delay in installation of 
control technology; thus, there is no impact on the estimated emissions 
reduction or the control cost for the rule.

III. Public Participation

    The EPA provided 30 days for submission of public comments on the 
interim final rule. Two comment letters were received during the 
comment period. Both commentors asked for more time to allow the 
regulatory and equivalency process to be completed thereby ensuring 
that California sources are subject to only one set of requirements in 
the interim and also to allow time for EPA to complete its review of 
performance tests that certain sources conducted before July 24, 1997. 
These commenters also requested that the EPA include in the extension 
all other MRR requirements that were not included in the interim final 
rule. These other MRR requirements relate to having an operation and 
maintenance plan, reporting and recordkeeping of all malfunctions, etc. 
One commenter wanted the extension to be as long as it takes for 
differences between the State and Federal rules to be resolved. 
Considering the status of the equivalency proposal, and the fact that 
the sources for which the extension applies are required to install 
control technology by the NESHAP's compliance date of January 25, 1997, 
the EPA has decided to extend the date by which a source must conduct 
its performance test and comply with the MRR requirements until January 
25, 1998. In the event that California is unable to submit an 
approvable rule to EPA before January 25, 1998, the requirements of the 
Chromium NESHAP will take effect. EPA does not intend to grant 
additional extensions beyond January 25, 1998 for this source category 
as the current extension has been granted in consideration of 
extraordinary circumstances which we are committed to resolving prior 
to this date.
    Both the commenters requested clarification regarding the 
compliance date and performance test compliance date and whether the 
source is in violation if a performance test conducted after January 
25, 1997 shows noncompliance, while a subsequent performance test 
conducted before the extended performance test compliance date shows 
compliance. As stated above, today's action does not extend the 
source's compliance date, which was January 25, 1997, which is the date 
by which all sources were required to be in compliance. Compliance is 
required as of the compliance date, regardless of when the performance 
test is performed. If a performance test shows noncompliance, then the 
EPA considers the source to be not in compliance from the initial 
compliance date (January 25, 1997). This provision is not changed in 
the final rule. Moreover, one of the premises underlying EPA's decision 
to grant the extension is there is no delay in compliance. The 
extension only allows additional time to conduct the requisite 
performance tests and comply with the MRR requirements.

IV. Administrative Requirements

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NESHAP were submitted to and approved by the Office of 
Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (EPA ICR number 1611.02) may be obtained from 
Sandy Farmer, Information Policy Branch (PM-223Y); U.S. Environmental 
Protection Agency; 401 M Street, SW;

[[Page 42920]]

Washington, DC 20460 or by calling (202) 260-2740.
    Today's changes to the NESHAP should have no impact on the 
information collection burden estimates made previously. Today's action 
merely extends the date of compliance with the source test requirements 
and the MRR requirements in the rule for the existing affected sources 
in California. These changes do not impose new requirements. 
Consequently, the ICR has not been revised.

B. Executive Order 12866 Review

    Under Executive Order 12866, the EPA must determine whether the 
proposed regulatory action is ``significant'' and therefore, subject to 
OMB review and the requirements of the executive order. The Order 
defines ``significant'' regulatory action as one that is likely to lead 
to a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety in State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the executive order.
    The Chrome Electroplating NESHAP promulgated on January 25, 1995 
was determined by OMB to be a ``significant regulatory action'' within 
the meaning of the Executive Order. For this reason, OMB reviewed the 
final rule as promulgated. However, today's action merely extends for 
certain sources the source test completion and the compliance deadline 
for MRR requirements. These changes do not add any additional control 
requirements or costs. Therefore, this regulatory action does not 
affect the previous decision and is not considered to be significant.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires the identification 
of potentially adverse impacts of Federal regulations upon small 
business entities. The Act specifically requires the completion of a 
Regulatory Flexibility Analysis when the regulation will impose a 
significant economic impact on a substantial number of small entities. 
Because today's action imposes no adverse economic impacts, a 
Regulatory Flexibility Analysis has not been prepared.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedures Act 
(APA), as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

E. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995, the 
EPA must prepare a budgetary impact statement to accompany any proposed 
or final rule that includes a Federal mandate that may result in 
estimated costs to State, local, or tribal governments in the 
aggregate; or to the private sector, of $100 million or more. Under 
Section 205, the EPA must select the least costly, most cost-effective 
or least burdensome alternative that achieves the objectives of the Act 
and is consistent with statutory requirements. Section 203 requires the 
EPA to establish a plan for informing and advising any small 
governments that may be significantly or uniquely impacted by the rule.
    The EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Reform Act do not apply to this action.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: August 4, 1997.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
63, of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart N--National Emission Standards for Chromium Emissions From 
Hard and Decorative Chromium Electroplating and Chromium Anodizing 
Tanks

    2. Section 63.342 is amended by revising the first sentence of 
paragraph (f)(3)(i) introductory text to read as follows:


Sec. 63.342  Standards.

* * * * *
    (f) * * *
    (3) * * * (i) The owner or operator of an affected source subject 
to the work practices of paragraph (f) of this section shall prepare an 
operation and maintenance plan to be implemented no later than the 
compliance date, except for hard chromium electroplaters and chromium 
anodizing operations in California which have until January 25, 1998. * 
* *
* * * * *
    3. Section 63.343 is amended by revising paragraph (b)(1) and the 
first sentence of paragraphs (c)(1)(ii), (c)(2)(ii), (c)(4)(ii), 
(c)(5)(ii) introductory text, and (c)(6)(ii) introductory text, to read 
as follows:


Sec. 63.343  Compliance provisions.

* * * * *
    (b) * * *
    (1) Except as provided in paragraphs (b)(2) and (b)(3) of this 
section, an owner or operator of an affected source subject to the 
requirements of this subpart is required to conduct an initial 
performance test as required under Sec. 63.7, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998, using the procedures and test methods 
listed in Secs. 63.7 and 63.344.
* * * * *
    (c) * * *
    (1) * * *
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998, the owner or operator of an affected 
source, or group of affected sources under common control, shall 
monitor and record the pressure drop across the composite mesh-pad 
system once each day that any affected source is operating. * * *
    (2) * * *
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, except for hard chromium 
electroplaters and chromium anodizing operations in California

[[Page 42921]]

which have until January 25, 1998, the owner or operator of an affected 
source, or group of affected sources under common control, shall 
monitor and record the velocity pressure at the inlet to the packed-bed 
system and the pressure drop across the scrubber system once each day 
that any affected source is operating. * * *
* * * * *
    (4) * * *
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998, the owner or operator of an affected 
source, or group of affected sources under common control, shall 
monitor and record the pressure drop across the fiber-bed mist 
eliminator, and the control device installed upstream of the fiber bed 
to prevent plugging, once each day that any affected source is 
operating. * * *
    (5) * * *
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998, the owner or operator of an affected 
source shall monitor the surface tension of the electroplating or 
anodizing bath. * * *
    (6) * * *
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998, the owner or operator of an affected 
source shall monitor the foam blanket thickness of the electroplating 
or anodizing bath. * * *
* * * * *
    4. Section 63.347 is amended by revising paragraph (e)(4) to read 
as follows:


Sec. 63.347  Reporting requirements.

* * * * *
    (e) * * *
    (4) For sources that are not required to complete a performance 
test in accordance with Sec. 63.343(b), the notification of compliance 
status shall be submitted to the Administrator no later than 30 days 
after the compliance date specified in Sec. 63.343(a), except the date 
on which sources in California shall monitor the surface tension of the 
anodizing bath is extended to January 25, 1998.
* * * * *
[FR Doc. 97-21143 Filed 8-8-97; 8:45 am]
BILLING CODE 6560-50-P