
[Federal Register: July 1, 2008 (Volume 73, Number 127)]
[Rules and Regulations]               
[Page 37727-37749]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy08-11]                         


[[Page 37727]]

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Part V





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Area Source 
Standards for Plating and Polishing Operations; Final Rule


[[Page 37728]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2005-0084; FRL-8581-3]
RIN 2060-AM37

 
National Emission Standards for Hazardous Air Pollutants: Area 
Source Standards for Plating and Polishing Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: We are issuing national emission standards for control of 
hazardous air pollutants (HAP) for the plating and polishing area 
source category. This final rule establishes emission standards in the 
form of management practices for new and existing tanks, thermal 
spraying equipment, and mechanical polishing equipment in certain 
plating and polishing processes. These final emission standards reflect 
EPA's determination regarding the generally achievable control 
technology (GACT) and/or management practices for the area source 
category.

DATES: This final rule is effective on July 1, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2005-0084. 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 or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://
www.regulations.gov or in hard copy at the EPA Docket Center, Public 
Reading Room, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air 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: jones.donnalee@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Outline. The SUPPLEMENTARY INFORMATION in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
II. Background Information for Final Area Source Standards
III. Summary of Final Rule and Changes Since Proposal
    A. Summary of Changes Since Proposal
    B. Summary of Final Rule
IV. Exemption of Area Source Category From Title V Permitting 
Requirements
V. Summary of Comments and Responses
    A. Applicability
    B. Affected Source
    C. GACT
    D. Equipment Standards
    E. Management Practices
    F. Compliance Demonstrations
    G. Burden
    H. Miscellaneous
    I. Non-Significant Comments
VI. Impacts of Final Area Source Standards
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental, and energy 
impacts?
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and 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 Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    The regulated category and entities potentially affected by this 
final action include:

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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 
63.11504, ``Am I subject to this subpart?'' of subpart WWWWWW (National 
Emission Standards for Hazardous Air Pollutants (NESHAP): Area Source 
Standards for Plating and

[[Page 37729]]

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).

B. 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 the 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.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of these final rules is available only by filing a petition for review 
in the U.S. Court of Appeals for the District of Columbia Circuit by 
September 2, 2008. Under section 307(d)(7)(B) of the CAA, only an 
objection to these final rules that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. This section also provides a mechanism for us to 
convene a proceeding for reconsideration, ``[i]f the person raising an 
objection can demonstrate to EPA that it was impracticable to raise 
such objection within [the period for public comment] or if the grounds 
for such objection arose after the period for public comment (but 
within the time specified for judicial review) and if such objection is 
of central relevance to the outcome of this rule.'' Any person seeking 
to make such a demonstration to us should submit a Petition for 
Reconsideration to the Office of the Administrator, Environmental 
Protection Agency, Room 3000, Ariel Rios Building, 1200 Pennsylvania 
Ave., NW., Washington, DC 20004, with a copy to the person listed in 
the preceding FOR FURTHER INFORMATION CONTACT section, and the 
Associate General Counsel for the Air and Radiation Law Office, Office 
of General Counsel (Mail Code 2344A), Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20004. Moreover, under 
section 307(d)(7)(B) of the CAA, only an objection to these final rules 
that was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
section 307(b)(2) of the CAA, the requirements established by these 
final rules may not be challenged separately in any civil or criminal 
proceedings brought by EPA to enforce these requirements.

II. Background Information for Final Area Source Standards

    Section 112(d) of the CAA requires us to establish NESHAP for both 
major and area sources of HAP that are listed for regulation under CAA 
section 112(c). A major source emits or has the potential to emit 10 
tons per year (tpy) or more of any single HAP or 25 tpy or more of any 
combination of HAP. An area source is a stationary source that is not a 
major source.
    Section 112(k)(3)(B) of the CAA calls for EPA to identify at least 
30 HAP which, as the result of emissions from area sources, pose the 
greatest threat to public health in the largest number of urban areas. 
EPA implemented this provision in 1999 in the Integrated Urban Air 
Toxics Strategy, (64 FR 38715, July 19, 1999). Specifically, in the 
Strategy, EPA identified 30 HAP that pose the greatest potential health 
threat in urban areas, and these HAP are referred to as the ``30 urban 
HAP.'' Section 112(c)(3) requires EPA to list sufficient categories or 
subcategories of area sources to ensure that area sources representing 
90 percent of the emissions of the 30 urban HAP are subject to 
regulation. We implemented these requirements through the Integrated 
Urban Air Toxics Strategy (64 FR 38715, July 19, 1999). A primary goal 
of the Strategy is to achieve a 75 percent reduction in cancer 
incidence attributable to HAP emitted from stationary sources.
    Under CAA section 112(d)(5), we may elect to promulgate standards 
or requirements for area sources ``which provide for the use of 
generally available control technologies or management practices by 
such sources to reduce emissions of hazardous air pollutants.'' 
Additional information on GACT is found in the Senate report on the 
legislation (Senate Report Number 101-228, December 20, 1989), which 
describes GACT as:

    * * * methods, practices and techniques which are commercially 
available and appropriate for application by the sources in the 
category considering economic impacts and the technical capabilities 
of the firms to operate and maintain the emissions control systems.

Consistent with the legislative history, we can consider costs and 
economic impacts in determining GACT, which is particularly important 
when developing regulations for source categories that have many small 
businesses.
    Determining what constitutes GACT involves considering the control 
technologies and management practices that are generally available to 
the area sources in the source category. We also consider the standards 
applicable to major sources in the same industrial sector to determine 
if the control technologies and management practices are transferable 
and generally available to area sources. In appropriate circumstances, 
we may also consider technologies and practices at area and major 
sources in similar categories to determine whether such technologies 
and practices could be considered generally available for the area 
source category at issue. Finally, as we have already noted, in 
determining GACT for a particular area source category, we consider the 
costs and economic impacts of available control technologies and 
management practices on that category.
    We are establishing these national emission standards in response 
to a court-ordered deadline that requires EPA to issue standards for 11 
source categories listed pursuant to section 112(c)(3) and (k) by June 
15, 2008 (Sierra Club v. Johnson, no. 01-1537, D.D.C., March 2006). We 
have already issued regulations addressing one of the 11 source 
categories. See regulations for Wood Preserving (72 FR 38864, July 16, 
2007.) Other rulemakings will include standards for the remaining 
source categories that are due in June 2008.

III. Summary of Final Rule and Changes Since Proposal

A. Summary of Changes Since Proposal

1. Applicability
    In response to comments, we made several changes to clarify the 
applicability of this final rule. Specifically, we have revised the 
definition of plating and polishing metal HAP to mean any compound of 
cadmium, chromium, lead, manganese, and nickel. We further clarified 
that the term plating and polishing metal HAP includes the elemental 
form of these metals, with the exception of lead. We also clarified 
throughout this final rule that this final rule applies only to sources 
that use the plating and polishing metal HAP (i.e., tanks that contain 
one or more of the metal HAP, thermal spraying operations that apply 
one or more of the metal HAP, and dry mechanical polishing operations 
that emit one or more of the plating and polishing metal HAP).
    We have revised Sec.  63.11505, ``What parts of my plant does this 
subpart

[[Page 37730]]

cover?'', to clarify that this final rule does not apply to any of the 
following sources: Any source subject to 40 CFR part 63, subpart N, 
National Emission Standards for Chromium Emissions from Hard and 
Decorative Chromium Electroplating and Chromium Anodizing Tanks 
(Chromium Electroplating NESHAP); process units used strictly for 
educational purposes; thermal spraying conducted to repair surfaces; 
polishing conducted to restore the original finish to a surface; and 
any plating and polishing processes that do not use any materials that 
contain cadmium, chromium, lead, or nickel in amounts of at least 0.1 
percent by weight, and do not use any materials that contain manganese 
in amounts of at least 1.0 percent by weight, as reported on the 
Material Safety Data Sheet for the material. We do not believe that HAP 
emissions from these activities were part of the inventory that 
supported the area source listing decision for this category because 
the emissions from these activities are very low.
    We also corrected an error in Sec.  63.11505, ``What parts of my 
plant does this subpart cover?'', concerning the definitions of new and 
existing sources. In the final rule, an existing source is a source for 
which construction or reconstruction began on or before March 14, 2008 
(i.e., the proposal date), and new source is defined as a source for 
which construction or reconstruction began after March 14, 2008.
2. Standards and Compliance Requirements
    We have revised the compliance options specified in Sec.  63.11507, 
``What are my standards and management practices?'', of the final rule. 
We have clarified in Sec.  63.11507(a) that if wetting agent/fume 
suppressant (WAFS) is included in the bath chemicals, and the WAFS is 
added according to the manufacturer's instruction, plants are not 
required to add more WAFS to the tank. We also have added a third 
compliance option for affected electrolytic process tanks. In addition 
to using WAFS or exhausting emissions to a control device, the final 
rule allows owners and operators of affected tanks to comply by using 
tank covers. To meet this option for batch process tanks, a tank cover 
will have to be used during at least 95 percent of the process 
operating time. As mentioned above, for continuous electrolytic process 
tanks, covers must be used whenever the process is operating. We also 
expanded the definition of tank cover in Sec.  63.11507 to clarify 
that, for continuous process tanks, the tank surface area must be 
covered at least 75 percent. We have clarified the requirements for 
tanks that are used both for short-term or ``flash'' plating and for 
longer plating operations that do not meet the definition of short-term 
plating (i.e., ``long-term'' plating). Section 63.11507(c), ``What are 
my standards and management practices,'' of the final rule specifies 
that owners or operators must comply with the requirements for short-
term plating whenever short-term plating is performed in the tank and 
must comply with the requirements for long-term plating whenever long-
term plating is performed.
    We have clarified the requirements for cyanide electroplating tanks 
in Sec.  63.11507(d) of the final rule, ``What are my standards and 
management practices''. In Sec.  63.11507(f) of the final rule, we have 
clarified the requirements for thermal spraying operations. The final 
rule distinguishes between permanent and temporary thermal spraying. 
The requirements for permanent thermal spraying are the same as in the 
proposed rule. However, temporary thermal spraying operations are 
required only to meet the applicable management practices specified in 
the final rule. We also have added a definition for temporary thermal 
spraying to Sec.  63.11511, ``What definitions apply to this 
subpart?'', of the final rule to clarify whether a thermal spraying 
operation is temporary or permanent.
    In Sec.  63.11507(g), ``What are my standards and management 
practices?'', of the final rule, we have expanded the list of 
management practices. We also have clarified that this final rule 
requires facilities to implement only those listed management practices 
that are applicable and that the practices are to be implemented as 
practicable. In addition, we have revised some of the specific 
practices that were listed in the proposed rule, including the 
practices for minimizing bath agitation, maximizing drainage of bath 
liquid from parts as they are removed from the tank, using tank covers, 
and heating tank baths.
    We have made several changes to Sec.  63.11508, ``What are my 
compliance requirements?'', of the final rule to clarify the 
requirements for initial and continuous compliance. The changes include 
adding the compliance requirements for continuous electrolytic process 
tanks and temporary thermal spraying operations, and clarifying the 
compliance requirements for cyanide electroplating tanks.
    We have also changed the process by which facilities seek approval 
to use an alternative equipment standard other than those specifically 
listed in this final rule. In the proposal we indicated that facilities 
that would like to use equipment other than those listed must seek 
approval to do so pursuant to the procedures in Sec.  63.6(g) of the 
General Provisions to part 63. We did not receive any comments on this 
part of the proposal, nor did any commenters identify any alternative 
equipment standards that are equivalent to those specified in this 
final rule. We believe that facilities should be able to request 
approval to use an alternative equipment standard, and therefore, we 
have identified two different options available to facilities that 
would like to use alternative equipment that achieves at least 
equivalent HAP emission reductions as the controls specified in this 
final rule: (1) Facilities may petition the Agency to amend this final 
rule pursuant to section 553(e) of the Administrative Procedure Act, or 
(2) facilities may work with State permitting authorities pursuant to 
EPA's regulations at 40 CFR Subpart E (``Approval of State Programs and 
Delegation of Federal Authorities''). Subpart E implements section 
112(l) of the CAA which authorizes EPA to approve alternative State/
Local/Tribal HAP standards or programs when such requirements are 
demonstrated to be no less stringent than EPA promulgated standards. We 
believe that these options are more appropriate mechanisms for area 
sources subject to section 112(d)(5) rules to obtain approval of 
alternative equipment standards.
3. Reporting and Recordkeeping Requirements
    We have revised Sec.  63.11509, ``What are my notification, 
reporting, and recordkeeping requirements?'', of the final rule to 
eliminate the requirement for submitting annual compliance reports. The 
final rule still requires owners or operators of affected sources to 
prepare annual compliance certifications and keep the certifications 
on-site and available for review. However, the certifications need only 
be submitted if a deviation occurred during the year, in which case the 
certification and report of deviations must be submitted to your state 
or local permitting authority. The final rule also specifies the 
deadline for preparing the certifications as January 31 of the year 
immediately following the reporting period.
4. Definitions
    We have made several changes to the definitions in Sec.  63.11511, 
``What definitions apply to this subpart?'', of the final rule and have 
added

[[Page 37731]]

definitions for other terms used in the final rule. We added 
definitions for batch electrolytic process tank, continuous 
electrolytic process tank, tank cover for continuous process units, and 
temporary thermal spraying. We have revised the definitions of cyanide 
plating, dry mechanical polishing, flash electroplating, and plating 
and polishing metal HAP.
5. Other
    We also corrected some typographical errors that appeared in 
various sections of the proposed rule.

B. Summary of Final Rule

1. Applicability
    The final subpart WWWWWW applies to new and existing area sources 
of plating and polishing that use any of the plating and polishing 
metal HAP (cadmium, chromium,\1\ lead, manganese, or nickel) in tanks 
or thermal spraying processes; and dry mechanical polishing operations 
used to remove or polish products with these metal HAP after plating. A 
new source is any affected source where you commenced construction or 
reconstruction of the affected source after March 14, 2008.
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    \1\ 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.''
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    The final rule applies to the following sources: Any tank that 
contains one or more of the plating and polishing metal HAP and is used 
for non-chromium electroplating; electroforming; electropolishing; 
electroless plating or other non-electrolytic metal coating operations, 
such as chromate conversion coating, nickel acetate sealing, sodium 
dichromate sealing, and manganese phosphate coating; any thermal 
spraying operation that applies one or more of the plating and 
polishing metal HAP; and any dry mechanical polishing operation that 
emits one or more of the plating and polishing metal HAP. This final 
rule does not apply to the following sources: Process units that are 
subject to the Chromium Electroplating NESHAP, research and development 
process units, process units that are used strictly for educational 
purposes; thermal spraying conducted to repair surfaces; dry mechanical 
polishing conducted to restore the original finish to a surface before 
plating; and any plating or polishing process that only uses materials 
that do not contain cadmium, chromium, lead, or nickel in amounts of at 
least 0.1 percent by weight, and do not contain manganese in amounts of 
at least 1.0 percent by weight, as reported on the Material Safety Data 
Sheet for the material. As stated above, we believe that HAP emissions 
from these activities were not part of the inventory that supported the 
area source listing decision for this category because the emissions 
from these activities are small.
2. Compliance Dates
    All existing area source facilities with operations subject to this 
final rule must comply with the final rule requirements for their 
existing operations no later than 2 years after the date of publication 
of the final rule in the Federal Register. The owner or operator of a 
new area source operation must comply with these final rule 
requirements by the date of publication of the final rule in the 
Federal Register or upon startup, whichever is later.
3. Standards
    The final rule requires owners or operators of affected non-cyanide 
plating and polishing tanks to meet one of the following three 
compliance options, which are described in further detail below: Use 
WAFS in the tank, capture and control emissions using an emission 
control device, or use a tank cover. To meet the requirement for WAFS, 
the owner or operator must use a bath chemistry that includes a WAFS or 
must add WAFS separately to the bath. In either case, the owner or 
operator will be required to maintain the level of WAFS in the tank 
according to manufacturer's specifications and requirements. No 
additional WAFS needs to be added beyond the manufacturer's 
specifications and requirements.
    To meet the control device option, the owner or operator must 
install, operate, and maintain a control system that includes a capture 
device designed to capture the plating and polishing metal HAP 
emissions from the tank and to transport the metal HAP emissions to a 
composite mesh pad (CMP), packed bed scrubber (PBS), or mesh pad mist 
eliminator (MPME).
    The tank cover option distinguishes between batch process tanks and 
continuous process tanks. For batch process tanks, the cover must 
enclose the entire surface area of the tank and must be in place during 
at least 95 percent of the process operating time; for continuous 
process tanks, the tank surface area must be covered at least 75 
percent during all periods of process operation.
    For short-term or flash plating tanks, the final rule requires 
owners or operators to limit plating time to no more than 1 cumulative 
hour per day or 3 cumulative minutes per hour of plating time, or to 
use a tank cover during at least 95 percent of the plating time. For 
affected cyanide plating tanks, owners or operators must perform and 
record a one-time measurement of pH in the tank bath. In addition to 
the above requirements, owners or operators of all affected plating and 
polishing tanks are required to implement, as practicable, the 
applicable management practices listed in Sec.  63.11507(g), ``What are 
my standards and management practices?'', and certify that they have 
implemented the management practices.
    For any existing affected permanent thermal spraying processes, the 
final rule will require a control system that is designed to provide 
capture of the plating and polishing metal HAP emissions from the 
thermal spraying operation and transport the metal HAP emissions to a 
water curtain, fabric filter, or high efficiency particulate air (HEPA) 
filter. For new permanent thermal spraying operations, the final rule 
requires owners or operators to install a control system that is 
designed to provide capture and control of the metal HAP emissions from 
these sources and that transports the emissions from the affected 
source to a fabric filter, or HEPA filter. For any temporary thermal 
spraying operation, the final rule requires owners or operators to 
document the length of time and location of the temporary thermal 
spraying, and to meet applicable management practices listed in Sec.  
63.11507(g), ``What are my standards and management practices?'', such 
as, but not limited to, vacuuming or sweeping following the operation.
    For any new and existing affected dry mechanical polishing 
operation, the final rule requires a control system that is designed to 
capture the plating and polishing metal HAP emissions from dry 
mechanical polishing operations and transport the metal HAP emissions 
to a cartridge, fabric, or HEPA filter.
4. Compliance Requirements
    To demonstrate compliance with the final rule, owners or operators 
of affected new or existing plating and polishing tanks will have to 
implement one or more of the equipment standards specified in Sec.  
63.11507, ``What are my standards and management practices?'', of the 
final rule and certify that they have implemented the equipment 
standard.
    Owners or operators of affected new or existing non-cyanide 
electrolytic process tanks that comply with the WAFS requirement must 
add WAFS to

[[Page 37732]]

the tank and replenish the WAFS levels in the tank, according to the 
manufacturer's specifications and operating instructions, and certify 
that they have done so. Owners or operators of affected new or existing 
non-cyanide electrolytic process tanks that comply with the control 
device option must install, operate, and maintain a control system that 
captures the metal HAP emissions from plating tanks and transports the 
emissions to CMP, PBS, or MPME, and certify that they have done so. 
Owners or operators of affected new or existing non-cyanide 
electrolytic process tanks that comply using the tank cover option must 
certify that they have installed the tank cover and are operating the 
tank with the cover in place, as required by the final rule.
    Owners or operators of affected cyanide plating tanks must perform 
a one-time measurement of pH, record the measurement, and certify that 
they have done so. The owner or operator of a facility that uses an 
affected flash electroplating process that chooses to comply by 
limiting the plating time must demonstrate compliance by operating the 
affected tank no more than 1 cumulative hour per day or 3 cumulative 
minutes per hour, and documenting that they have done so.
    Owners or operators of affected flash electroplating tanks that 
choose to comply by using a tank cover must certify that they have 
installed the tank cover and are operating the tank with the cover in 
place for at least 95 percent of the plating time. In addition to the 
above requirements, owners or operators of all affected plating and 
polishing tanks must demonstrate compliance by implementing the 
applicable management and pollution prevention practices specified in 
Sec.  63.11507(g), ``What are my standards and management practices?'', 
of the final rule, as practicable, maintaining the appropriate records 
to document compliance, and certifying that they have implemented the 
management practices.
    The owners or operators of affected new and existing dry mechanical 
polishing processes must demonstrate compliance by installing, 
operating, and maintaining an emissions control system according to the 
manufacturer's specifications and operating instructions that is 
designed to provide capture of the metal HAP emissions from these 
sources and to transport these emissions from the affected source to a 
cartridge, fabric, or HEPA filter. In any case, the owner or operator 
must also certify that the control system has been installed and is 
being operated and maintained according to manufacturer's 
specifications.
    Owners or operators of affected existing permanent thermal spraying 
processes must demonstrate compliance by installing, operating, and 
maintaining an emissions control system according to the manufacturer's 
specifications and operating instructions. The control system must be 
designed to provide capture of the metal HAP emissions from these 
sources and to transport the emissions from the affected source to a 
water curtain, fabric filter, or HEPA filter. The owner or operator 
must also certify that the control system has been installed and is 
being operated and maintained according to manufacturer's 
specifications.
    Owners or operators of new permanent thermal spraying processes 
must demonstrate initial compliance by installing, operating, and 
maintaining an emissions control system according to the manufacturer's 
specifications and operating instructions. The control system must be 
designed to provide capture of the metal HAP emissions from these 
sources and transport the emissions from the affected source to a 
fabric or HEPA filter, device. The owner or operator must also certify 
that the control system has been installed and is being operated and 
maintained according to manufacturer's specifications.
    Owners or operators of affected existing temporary thermal spraying 
processes must demonstrate compliance by documenting that the thermal 
spraying occurs for less than one hour per day and is performed in 
situ; and by implementing the applicable management and pollution 
prevention practices specified in Sec.  63.11507(g), ``What are my 
standards and management practices?'', of the final rule, as 
practicable, maintaining the appropriate records to document 
compliance, and certifying that they have implemented the management 
practices.
5. Notification, Recordkeeping, and Reporting Requirements
    The owner or operator of a new or existing affected source is 
required to comply with certain requirements of the General Provisions 
to part 63, which are identified in Table 1 of the final rule. Each 
facility is required to submit an Initial Notification and a 
Notification of Compliance Status according to the requirements in 40 
CFR 63.9 of the General Provisions to part 63. The owner or operator of 
an affected source is required to prepare and keep on-site an annual 
compliance certification. If any deviations occurred during the 
reporting year, the owner or operator will be required to submit the 
compliance certification along with a report that describes the 
deviations and the corrective action taken.
    Owners and operators also are required to maintain all records that 
demonstrate initial and continuous compliance with this final rule, 
including records of all required notifications and reports, with 
supporting documentation; and records showing compliance with the 
management and pollution prevention practices. Owners and operators 
must maintain records of the following, if applicable: For cyanide 
electroplating tanks, the one-time pH measurement value; for non-
cyanide electroplating tanks, the amount and frequency of WAFS 
additions; for flash electroplating tanks, the daily plating time; for 
electroplating tanks using covers as a control option, the time the 
tank is operated with a cover in place; for continuous electroplating 
tanks, the amount of tank surface covered and the time the tank is 
operated with a cover in place; and maintenance of any required control 
systems.

IV. Exemption of Area Source Category From Title V Permitting 
Requirements

    We did not receive any comments on our proposal to exempt 
facilities in the Plating and Polishing area source category from title 
V permitting requirements. Therefore, this final rule does not require 
facilities in this source category to obtain an operating permit under 
40 CFR part 70 or part 71, provided they are not otherwise required to 
obtain a permit under the part 70 or part 71 regulations.

V. Summary of Comments and Responses

    The significant comments and responses are summarized and discussed 
below according to the comment subject.

A. Applicability

1. Delisting
    Comment: One commenter stated that the Plating and Polishing source 
category should be delisted. The commenter explained that in the past, 
when EPA has determined that a NESHAP source category was no longer a 
significant source of the targeted HAPs, it was delisted. The commenter 
noted that no additional emission reductions are expected as a result 
of this rule, which is only codifying the voluntary efforts of 
industry, and that small businesses, such as those affected

[[Page 37733]]

by the proposed rule, should not be burdened by a rule that provides no 
environmental benefit.
    Response: As noted in the preamble to the proposed rule, Section 
112(k)(3)(B) of the CAA requires EPA to identify at least 30 HAP which, 
as the result of emissions from area sources, pose the greatest threat 
to public health in urban areas. Section 112(c)(3) requires EPA to list 
sufficient categories or subcategories of area sources to ensure that 
area sources representing 90 percent of the emissions of the 30 urban 
HAP are subject to regulation. This provision requires that we subject 
to regulation area source categories representing 90 percent of the 
emissions of cadmium, chromium, lead, manganese and nickel. See section 
112(c)(3). Since plating and polishing is one of the area source 
categories that we need to meet the section 112(c)(3) requirement, we 
are issuing regulations for this source category.
    The commenter is correct in stating that no additional emissions 
reductions are expected as a result of the final rule. However, we 
disagree with the commenter's statement that this rule will result in 
no environmental benefit. This final rule will help to ensure that 
future emissions will be limited to the same levels currently achieved; 
if the source category were to be delisted, as suggested by the 
commenter, there would be no such limit of future emissions from 
existing and new plating and polishing sources.
    Comment: One commenter explained that in situ thermal spraying is 
sometimes performed in confined areas in the interior of vessels. The 
commenter explained that these jobs are of short duration 
(approximately 1 hour) and infrequent in nature (up to 5 times per 
year). The commenter noted that setting up a temporary emissions 
capture system for this type of thermal spray operation is 
impracticable and economically infeasible because it would take an 
estimated 32 hours to set up and remove the temporary capture system. 
As an alternative, the commenter recommended allowing up to 2 pounds 
per year of metal HAP emissions from uncontrolled thermal spraying if 
the operation is temporary and capture and control is impractical.
    Response: We recognize that temporary in situ thermal spraying 
operations should not be subject to the same requirements as permanent 
thermal spraying operations for the reasons outlined by the commenter. 
To address this type of operation, we have included a definition of 
short-term thermal spraying in, ``What definitions apply to this 
subpart?'', of the final rule. We also have revised, ``What are my 
standards and management practices?'', in the final rule to address 
thermal spraying in the same manner as another time-limited operation, 
flash plating, that is subject only to management practices. In 
addition, we have added sweeping and/or vacuuming as a management 
practice specifically with short-term thermal spraying operations in 
mind, but also as a possible management practice for the other plating 
and polishing operations, to be done ``as practicable.'' Also, as 
explained above, we believe that repair and maintenance operations were 
not part of the source category in the inventory and, therefore, we are 
not including requirements for these practices in this final rule. 
Since some of the thermal spraying repair and maintenance operations 
may also be performed in situ, the number of in-situ thermal spraying 
operations at a facility affected by this final rule may be reduced.
2. Regulated Pollutant
    Comment: One commenter recommends that EPA clarify whether 
elemental metals (other than lead) are considered ``Plating and 
Polishing metal HAP''. The commenter explained that in thermal 
spraying, the metallic coating applied is in the elemental form both 
before and after application.
    Response: We acknowledge that some thermal spraying operations use 
one of the plating and polishing metal HAP in elemental form. The metal 
compounds on the HAP list, except for lead, include the elemental form, 
as per the footnote in the CAA section 112(b)(1) that reads: ``For all 
listings above which contain the word `compounds' and for glycol 
ethers, the following applies: Unless otherwise specified, these 
listings are defined as including any unique chemical substance that 
contains the named chemical (i.e., antimony, arsenic, etc.) as part of 
that chemical's infrastructure.'' Moreover, publications by the 
American Welding Society and the California Air Resources Board state 
that compounds of metal HAP may form and be emitted from the thermal 
spraying process even when the metal used is in its elemental form. 
Furthermore, elemental metals are emitted from the process as 
particulate matter (PM), and PM is a surrogate for the metal HAP at 
issue here. For the above reasons, we have revised the definition of 
plating and polishing metal HAP in, ``What definitions apply to this 
subpart?'', of the final to indicate that, with the exception of lead, 
this final rule also applies to metals in their elemental form.
    Comment: One commenter noted that thermal spray operations are 
sometimes conducted with non-HAP metals that may contain small amounts 
of one or more of the target HAP metals as impurities. The commenter 
recommended that EPA revise the definition of Plating and Polishing 
metal HAP to include those metal HAPs present in quantities greater 
than 0.1 percent for carcinogens and greater than 1.0 percent for other 
metal HAP. They also recommend revising the definition of thermal 
spraying to include the following language: ``Only thermal spray 
materials containing greater than 1 percent (0.1 percent for 
carcinogens) of Plating and Polishing Metal HAP as reported on a 
Material Safety Data Sheet are subject to this rule.'' Another 
commenter requested that we clarify that this rule does not apply to 
all plating tanks with cyanide, but only those that contain one or more 
of the five metal plating HAP.
    Response: It was not our intent for this rule to apply to non-HAP 
materials that contain trace levels of one or more of the plating and 
polishing metal HAP as impurities. Therefore, we have revised the 
definition of plating and polishing metal HAP in, ``What definitions 
apply to this subpart?'', to clarify that this final rule does not 
apply to materials that contain any of the metal HAP in concentrations 
less than 0.1 percent for carcinogens and less than 1.0 percent for 
other metals, as reported in the Material Safety Data Sheet, since 
these emissions were not part of the 1990 inventory used for the area 
source category listing.
    We also have clarified that this final rule only applies to tanks, 
including cyanide tanks, that contain or have the potential to emit the 
five metal plating HAP.
3. Thresholds and Exemptions
    Comment: One commenter believes EPA should establish a threshold to 
exclude very small plating and polishing area sources from the 
applicability of the proposed rule. The commenter noted that, for each 
of the 2,900 area sources, the number of plating and polishing tanks 
ranged from 1 to 20 tanks, with an average of 10 tanks, and the number 
of polishing and thermal spray lines ranged from 1 to 10 lines, with an 
average of 5 lines. The commenter stated that a threshold for the 
applicability of the proposed rule would result in no net loss in 
reductions of metal HAP emissions, would significantly minimize the 
regulatory burden on small plating and polishing area sources, and 
would reduce the

[[Page 37734]]

administrative burden on federal and state regulatory agencies.
    Response: We understand the commenter's concern regarding the 
potential impact of this final rule on small facilities. However, we 
cannot establish an applicability threshold for small plating 
facilities for the following reasons. Plating and polishing is one of 
the area source categories needed to meet the section 112(c)(3) 
requirement that we subject to regulation, area source categories 
representing 90 percent of the emissions of cadmium, chromium, lead, 
manganese and nickel. See section 112(c)(3). We recognize that the 
plating and polishing area source category is comprised of a large 
number of relatively small plating and polishing facilities. Although 
area sources individually may be considered low-emitting sources, 
collectively, they are not. The commenter's suggestion fails to address 
the requirement of section 112(c)(3), and as discussed above, we 
previously determined that we need the plating and polishing area 
source category to meet this requirement, which provides that EPA 
regulate area sources accounting for 90 percent of the emissions of the 
30 urban HAP. However, in developing the proposed rule, we attempted to 
minimize the burden on small facilities while ensuring that this final 
rule includes sufficient requirements for ensuring compliance. As 
discussed more fully below, we have incorporated certain changes in the 
final rule to further reduce the burden to small facilities. Finally, 
we are planning various outreach activities specifically for this 
industry to help affected facilities comply with the final rule to 
further reduce the overall burden.
    Comment: One commenter requested an exemption for maintenance 
activities that require thermal spraying for repair (e.g., that would 
take place on an oil rig or platform) and maintenance activities that 
might involve polishing a plated surface to restore the original finish 
in order to accomplish its intended task (e.g., a sealing plate or 
hydraulic cylinder). The commenter explained that the low levels of 
emissions from these operations justifies exempting them from the 
proposed rule. Another commenter remarked that EPA should exempt small 
tanks that are used only for educational purposes. The commenter 
believes that such an exemption would be consistent with the exemption 
for research and development process units specified in, ``What parts 
of my plant does this subpart cover?'', of the proposed rule.
    Response: The commenter has misconstrued this rule's treatment of 
research and development process units specified in, ``What parts of my 
plant does this subpart cover?''. Research and development process 
units are not subject to this rule because the source category does not 
cover these activities. Similarly, based on reasonable assumptions 
about the practices included in the 1990 112(k) urban HAP inventory, we 
have concluded that the processes that contributed to plating and 
polishing metal HAP emissions most likely did not include thermal 
spraying operations used for repairing surfaces, polishing operations 
used to restore original finish, or tanks used strictly for educational 
purposes. As a result, we have revised, ``What parts of my plant does 
this subpart cover?'', of the final rule by adding a new paragraph (g) 
to clarify the scope of the listed source category addressed in this 
final rule. The new paragraph provides that the plating and polishing 
area source category does not include thermal spraying operations for 
repair, polishing operations used to restore original finish, or tanks 
used strictly for educational purposes.
    Comment: One commenter stated that EPA should exempt chromate 
conversion coating tanks from the plating and polishing rule. The 
commenter states that the chromium conversion coating process does not 
utilize an electrical current or apply heat to the tank, so there is 
nothing to drive emissions from the process. The commenter also pointed 
out that chromium conversion tanks were exempted from the Chromium 
Electroplating NESHAP; communication in the docket from OSHA states 
that employee exposures are very low; and the proposal does not include 
any emissions estimates for chromium conversion coating.
    Response: We disagree with the commenter that chromium conversion 
tanks should be exempt from this rule. The commenter requests an 
exemption, but fails to demonstrate that emissions from such tanks were 
not included as part of EPA's inventory analysis when it listed the 
area source category. As explained above, we need to regulate the 
plating and polishing area source category in order to meet the section 
112(c)(3) requirement that we subject to regulation area source 
categories representing 90 percent of the emissions of cadmium, 
chromium, lead, manganese and nickel.
    Moreover, the proposed management practices represent pollution 
prevention activities for air emissions. Incidentally, these practices 
also help to prevent pollution associated with water discharges and the 
chromate conversion process. It is our understanding that these 
practices, when practicable, also can result in cost savings for many 
facilities, which thereby reduces the net burden. The lack of emission 
data is not in itself a reason to exempt sources when other information 
indicates that HAP emissions from those sources are possible. Likewise, 
the lack of an electrical current in chromium conversion baths is not a 
reason to exempt those processes since electroless nickel plating baths 
also are operated without electrical current applied to the bath, yet 
the data show that there are metal HAP emissions from electroless 
nickel plating tanks.
    Comment: One commenter stated that EPA should exempt all continuous 
plating operations from the proposed rule. The commenter reasoned that 
exemption of continuous plating from this rule is appropriate based on 
the insignificant number of continuous plating operations and the 
miniscule amount of potential HAP emissions from the process. The 
commenter explained that bubbling, which is the primary emissions 
mechanism for batch plating operations, does not occur in continuous 
plating. In addition, the commenter stated that the tanks are not 
agitated and have little surface area compared to the surface area of 
batch plating tanks. The commenter further stated that most of the 
surface area of continuous plating operations is covered.
    Response: We disagree with the commenter and are not providing the 
exemption requested. We recognize that the plating and polishing area 
source category is comprised of a large number of relatively small 
plating and polishing facilities. Although area sources individually 
may be considered low-emitting sources, collectively, they are not. HAP 
emissions from the processes identified by the commenter do occur, and 
the commenter has not demonstrated that emissions from such processes 
were not included as part of EPA's inventory analysis when it listed 
the area source category. As explained above, we need to regulate the 
plating and polishing area source category to meet the 90 percent 
requirement in section 112(c)(3) for emissions of cadmium, chromium, 
lead, manganese and nickel.
    In developing this final rule, we have attempted to minimize the 
burden on the sources identified by the commenter. At the time of 
proposal, we had no information on the differences between batch 
plating processes and continuous plating processes. We acknowledge that 
the continuous electroplating processes differ

[[Page 37735]]

significantly from batch plating processes for the reasons identified 
by this commenter; another commenter also pointed out these 
differences. To account for the differences between continuous plating 
operations and batch plating operations, we are including in the final 
rule separate requirements for continuous plating operations, which 
should address the commenter's concerns. Under the final rule, 
continuous plating operations will have three options for complying 
with the standard. Owners or operators of affected continuous plating 
tanks can comply by covering at least 75 percent of the tank whenever 
the process is operating. As discussed more fully below in Section C, 
this option represents GACT for continuous plating tanks. Owners or 
operators can also comply by using WAFS in the plating bath or by using 
controls, either of which is equivalent to GACT for continuous plating 
tanks. We are also revising the management practices in the final rule 
by including practices specifically used with continuous plating 
operations.

B. Affected Source

    Comment: One commenter stated that the definition of dry mechanical 
polishing in ``What definitions apply to this subpart?'', is ambiguous 
and inconsistent with the description of the process in the preamble to 
the proposed rule. The commenter suggested the following alternative 
wording: ``Dry mechanical polishing means a process used for removing 
defects from and smoothing the surface of finished metals and formed 
products after plating, using hard-face abrasive wheels or belts and 
where no liquids or fluids are used to trap the removed metal 
particles.''
    Another commenter noted that the proposed rule does not provide a 
definition for the term ``polishing.'' The commenter also remarked that 
the proposed rule appears to apply only to the polishing of metals or 
finished products after they have been plated, and not to polishing 
done before plating, or to grinding and machine operations.
    Response: We agree with both commenters that the definition of dry 
mechanical polishing in the proposed rule should be clarified. We are 
revising the definition of dry mechanical polishing in, ``What 
definitions apply to this subpart?'', of the final rule, as suggested 
by the commenters to help clarify which types of operations are subject 
to this final rule. In light of the revised definition of dry 
mechanical polishing in the final rule, we do not believe it is 
necessary to separately define ``polishing.'' With respect to grinding 
and machining operations, emissions from these sources are covered 
under 40 CFR part 63, subpart XXXXXX--National Emission Standards for 
Hazardous Air Pollutants Area Source Standards for 9 Metal Fabrication 
and Finishing Source Categories, which we expect to finalize by June 
15, 2008.
    Comment: One commenter suggested revising the definition of short-
term or ``flash'' electroplating in, ``What definitions apply to this 
subpart?'', to reflect the full range of compliance options. The 
commenter noted that doing so would also be consistent with the 
preamble to the proposed rule. The commenter suggested revising the 
definition as follows: Short-term or ``flash'' electroplating means an 
electroplating process that is used no more than 1 hour per day or 3 
minutes per hour in duration, or an electroplating process that has a 
cover in place 95 percent of the plating time.
    Response: We agree with the commenter's suggestion that the 
definition of short-term or ``flash'' electroplating in, ``What 
definitions apply to this subpart?'', should be revised to include the 
maximum duration of 1 hour per day, and we have revised the definition 
in the final rule accordingly. We do not agree with the commenter's 
suggestion that flash electroplating should be defined in terms of tank 
cover usage since flash electroplating is different from other 
electroplating solely on the amount of time is it performed, whereas 
using tank covers are a control option. However, as explained below, we 
have revised, ``What are my standards and management practices?'', to 
add paragraph (3), which provides the option of using tank covers 
during at least 95 percent of the process operating time as a 
compliance option for long-term plating processes (i.e., for all 
affected plating processes that are not short-term or flash processes). 
With this change, all batch electroplating processes, both long-term 
and short-term, will be allowed to use covers 95 percent of the process 
operating time to comply with this final rule. We believe this change 
addresses the commenter's concern.
    Comment: One commenter suggested that EPA clarify the requirements 
for tanks that are used for both flash electroplating and for other 
electroplating processes that are longer in duration. The commenter 
suggested such tanks should have to comply by meeting the requirements 
for the other types of electroplating processes, as specified in, 
``What are my standards and management practices?'', of the proposed 
rule.
    Response: Our intent in, ``What parts of my plant does this subpart 
cover?'', of the proposed rule was to define affected source in terms 
of the plating and polishing process that is performed in the tank and 
not to define affected source as the physical tank structure. 
Therefore, in the case of a tank that is used for both flash plating 
and for any of the other type of plating process that would be subject 
to the requirements in, ``What are my standards and management 
practices?'', the requirements for flash plating requirements would 
apply when the tank is used for short-term plating, and the 
requirements for the other affected plating processes would apply when 
those processes are being conducted in the tank. We have revised the 
final rule to clarify this requirement.

C. GACT

    Comment: Two commenters commented on how GACT was defined for the 
proposed rule and the relevance of that definition to continuous 
plating tanks. The commenters explained that, as proposed, owners or 
operators of continuous plating operations would be required to use 
either WAFS or a control device to comply with this rule. However, the 
commenters stated that the facility they represent does not use WAFS in 
their continuous nickel electroplating tanks, and that WAFS may not be 
feasible for the process. One commenter pointed out that for WAFS to be 
GACT for continuous plating processes, the technology must be 
commercially available and appropriate considering the economic impacts 
and technical capabilities. The commenters stated that WAFS are not 
used in continuous nickel electroplating tanks, and it is unknown if 
WAFS is a feasible control option for continuous nickel plating tanks; 
to make this feasibility determination would require lengthy and 
expensive trials. The commenters concluded that WAFS is not GACT for 
continuous nickel electroplating tanks.
    The commenters also stated that, as proposed, facilities that 
cannot use WAFS would have to install a control device, thereby making 
control devices GACT for such facilities even though EPA states in the 
preamble to the proposed rule that capture and control technology is 
cost-prohibitive and therefore not appropriate for GACT.
    Both commenters stated that the continuous plating tanks have 
relatively small surface areas and that emissions are negligible 
because there is no bubbling in, or agitation of, plating baths. One of 
the commenters stated

[[Page 37736]]

that the commenter's facility uses tank covers on their continuous 
plating tanks, but those covers cover about 80 percent of the surface 
area which does not meet the definition of tank cover in the proposed 
rule. The commenter pointed out that covers that totally enclose tanks 
are practical only for batch operations, and the commenter suggested 
revising the definition of tank cover to allow for partial covers over 
most of the open surface of the tank. Both commenters stated that 
because of the differences in the continuous plating process, 
continuous plating should not be required to use WAFS or control 
devices, but should be allowed to comply only with appropriate 
management practices.
    Response: As a result of these comments, we now recognize that 
continuous electroplating operations differ significantly from batch 
electroplating operations, that the use of WAFS may not be appropriate 
for all continuous electroplating operations, and that control devices 
should not be the only compliance option for this type of process. By 
consultation with other facilities that responded to our survey that 
perform continuous electroplating, we also now recognize that partial 
tank covers are the generally available technology for continuous 
electroplating tanks, and that partially covering the surface area of 
the tank is the most that could be used considering the equipment that 
is permanently positioned within the continuous plating tanks. 
Consequently, we have revised this final rule to provide separate 
requirements for continuous electroplating operations. In the final 
rule, continuous electroplating operations will be able to comply using 
tank covers that cover at least 75 percent of the tank surface, or by 
using WAFS or control devices as alternate compliance options 
equivalent to GACT. Although the commenter identified tank covers that 
cover 80 percent of the surface area, we chose 75 percent as GACT based 
on consultation with other facilities that perform continuous 
electroplating. This value is also a more practical percentage in terms 
of an accurate estimation. Finally, we have added the use of squeegee 
rolls as a management practice for continuous electroplating 
operations.

D. Equipment Standards

    Comment: One commenter requested that EPA clarify that when WAFS 
are already included in the plating chemicals, the requirement is 
simply to identify the WAFS in the plating solution and add the plating 
solution to the tank. The commenter also requested that EPA clarify 
that when WAFS are added separately plants can comply by adding WAFS as 
recommended by the manufacturer and recording the time and amount of 
all additions of WAFS. Another commenter requested that EPA clarify the 
term or requirement for WAFS so that facilities know that if a WAFS is 
already in use, no additional fume suppressants are necessary to meet 
the standard. The commenter was concerned that facilities might expand 
the use of perfluorooctane sulfate (PFOS), a pollutant of concern 
usually used in chromium plating baths as a fume suppressant.
    Response: The commenter is correct regarding the compliance 
requirements for the use of WAFS in affected tanks. As specified 
compliance is demonstrated by adding and maintaining the WAFS in the 
bath according to manufacturer's specifications and instructions, and 
documenting that the additions of WAFS to the affected tank, regardless 
of whether the WAFS is included in the plating chemical solution or 
added separately. In regard to the comment with PFOS concerns, this 
final rule will be clarified to state that if WAFS are already in the 
bath ingredients, no additional WAFS need to be added unless specified 
by the manufacturer's instructions.

E. Management Practices

    Comment: One commenter noted that the proposed rule would require 
each affected plant to meet all five of the management practices listed 
in, ``What are my standards and management practices?.'' The commenter 
stated that because of the variability inherent in plating and 
polishing operations, it is not reasonable or practical to implement 
all five of the management practices listed in the regulation, and that 
some affected facilities may not be able to implement any of them.
    The commenter explained that, while the management practices listed 
in the proposed rule can be effective in reducing HAP emissions, they 
are unnecessarily limited in scope and do not reflect the broad range 
of management practices and pollution prevention techniques that have 
been implemented since 1990. The commenter stated that there are 
several other management practices and pollution prevention activities 
that would be appropriate and would achieve the same objectives as 
those listed in the proposed rule, and provided lists of those 
practices. The commenter believes that sources should be allowed to 
demonstrate compliance with the management practices requirement by 
identifying the management practices that it has implemented since 
1990, is currently implementing (and will continue to implement), and 
any management practices that it implements in the future. Another 
commenter urged EPA to not require affected facilities to meet all five 
of the listed management practices, some of which would not be 
appropriate for the commenter's facility.
    Response: We have added a number of pollution prevention management 
practices that were provided to EPA by the commenter. We believe that 
the revised list of management practices represents the most 
significant pollution prevention management practices that can be done 
to eliminate, reduce, or minimize air pollution in the plating and 
polishing processes regulated by this final rule. We also have 
emphasized in the revised rule that these pollution prevention 
management practices need to be done only ``as practicable'' to the 
specific plating operation being performed, as explained in this 
section in response to other comments. However, we are unable to 
provide the additional flexibility suggested by the commenter that 
sources be allowed to demonstrate compliance with a site-specific 
management plan that would identify management practices. Under the 
commenter's approach, no one, other than the source, would review the 
site-specific plan. Such an approach would constitute an improper 
delegation of our rulemaking authority under the Act. We therefore 
reject the approach.
    Comment: Several commenters stated that one or more of the 
management practices listed in, ``What are my standards and management 
practices?'', of the proposed rule are not practical for all affected 
tanks where the practices would be required. The commenters provided 
several examples in regard to minimizing bath agitation when removing 
any parts from the tank; maximizing the dripping or draining of bath 
solution back into the tank; optimizing the design of barrels, racks, 
and parts to minimize dragout of bath solution; using tank covers; and 
minimizing or reducing the heating of process tanks. The comments on 
these practices are discussed in more detail below.
    One commenter stated that the required management practice of 
maximizing drip time can present problems for some plating operations. 
The commenter noted that if a part is allowed to drip too long, it can 
result in a residue pattern that could negatively impact quality. In 
addition, longer drip times can lower production rates,

[[Page 37737]]

having negative economic impacts. The commenter noted that slow 
withdrawal of the part from the plating bath can be far more effective 
in reducing potential metal HAP emissions, yet this is not listed as a 
management practice in the proposed rule.
    The same commenter noted that the management practice specified, 
``What are my standards and management practices?'', is problematic. 
This practice requires facilities to ``optimize the design of barrels, 
racks, and parts to minimize dragout of bath solution, such as by using 
slotted barrels and tilted racks, or by designing parts with flow-
through holes to allow the tank solution to drip back into the tank.'' 
The commenter stated that part design is controlled by the customer, 
not the plating facility; to the extent that plants have already 
redesigned barrels, racks, and parts, the metal HAP emissions 
associated with that process have already been reduced and will 
continue to be reduced. The commenter also stated that replacing 
barrels and racks can be very expensive, and if required, EPA would 
have to revise its economic impact analysis for the proposed rule.
    Two commenters expressed concern about the management practice to 
minimize bath agitation when removing parts from the tank, as specified 
in, ``What are my standards and management practices?'', of the 
proposed rule. One commenter stated that minimizing agitation as parts 
are removed could adversely affect compliance with the customer 
specifications for the part that is being plated. The commenter 
suggested revising the language to the following: ``Minimize bath 
agitation when removing any parts processed in the tank, except when 
necessary to meet part quality requirements.'' The other commenter 
noted that replacing air agitation with eductors to reduce emissions 
can be very expensive if it requires replacing or reconfiguring tanks. 
The commenter also noted that EPA needs to reword the phrase ``when 
removing tank parts'' to ``when removing parts from the tank.'' In 
addition, the commenter pointed out that air agitation is not only an 
issue when parts are removed from the tank, and cites this as another 
example of how the management practices as written are unduly limited 
and restrictive.
    Another commenter stated that the requirement in, ``What are my 
standards and management practices?'', to use tank covers is ambiguous 
with respect to when using covers is feasible and when using covers is 
not feasible. The commenter pointed out that, as specified in the 
proposed rule, this requirement may drive using covers when it is 
unwise to do so. The commenter suggested either eliminating this 
requirement for tank covers or eliminating the phrase ``(i.e., not 
during lifting or lowering),'' because that implies there are no other 
times when tank covers are impracticable.
    Two commenters commented on the management practice that addresses 
the heating of affected tanks, specified in, ``What are my standards 
and management practices?'', of the proposed rule. One commenter 
remarked that it may not be practical to adjust tank temperature unless 
the tank will be down for an extended period. Doing so could adversely 
affect bath stability, which can take a long time to reach. The 
commenter suggested revising this practice to specify that it is 
required only when practical. The other commenter explained that tanks 
must be maintained at the proper temperature due to the quality 
requirements for the parts being plated. The commenter also stated that 
changes in bath temperature interrupt production, adversely affect 
product quality, and can generate additional waste. The commenter 
recommended defining the term ``not in use'' to mean when the shop is 
not operating, and not when the shop is operating, but tanks or process 
lines are idled.
    Another commenter requested that EPA clarify the management 
practices specified in the proposed rule as they relate to continuous 
plating operations. As an example, the commenter stated that EPA should 
clarify if the management practice related to dripping and drainage in, 
``What are my standards and management practices?'', can be addressed 
by using squeegee rolls in continuous plating.
    Response: As discussed above, we have expanded the list of 
potential management practices to include additional practices used in 
the industry and also changed this final rule to reaffirm that the 
listed management practices are meant to be applied ``as practicable.'' 
The expanded list of management practices also includes practices that 
are more appropriate for continuous plating operations, such as the use 
of squeegee rolls. In addition, we have reworded specific management 
practices for clarity, as suggested by the commenters.

F. Compliance Demonstrations

    Comment: One commenter requested that EPA confirm that pH 
measurement of cyanide baths is required only at startup. The commenter 
noted that a single pH measurement taken when the bath is initially 
made up makes sense and is adequate because cyanide baths are by nature 
self-regulating and can last for years if properly maintained. The 
initial pH measurement could then be reported in the facility's annual 
compliance certification.
    Response: To clarify that pH measurements of affected tanks with 
cyanide plating baths are required only at startup, we have revised, 
``What are my compliance requirements?'', to state that a pH 
measurement is required in such tanks only at startup.

G. Burden

    Comment: Several commenters expressed concern about the burden that 
the proposed rule would impose. One commenter remarked that, in 
addition to imposing an unnecessary burden on industry, the proposed 
rule would impose a significant burden on states to provide even a 
minimal level of assistance and outreach. The commenter stated that, 
given the minimal level of funding available for states to spread 
across all the area source categories, their efforts could be better 
spent on a rule that would actually achieve some additional emissions 
reductions. The same commenter suggested replacing the annual 
certification with notification of change as per Sec.  63.11176 (40 CFR 
part 63, subpart HHHHHH, NESHAP for Paint Stripping and Miscellaneous 
Coating Operations). The commenter believes this may reduce the burden 
on small facilities.
    Another commenter stated that the burden that would be imposed on 
the industry justifies exempting small facilities from this rule. Such 
an exemption would also reduce the administrative burden on regulatory 
agencies.
    Another commenter stated that the proposed requirements are more 
extensive than needed for such low-emitting facilities. The commenter 
stated that the proposed notification, reporting and recordkeeping 
requirements would be extremely burdensome for small businesses and 
especially for small businesses not previously subject to NESHAP. The 
commenter urged EPA to minimize the requirements for facilities that 
pose minimum risk. The commenter also urged EPA to provide adequate 
compliance assistance and outreach. The commenter requested that the 
outreach be provided well in advance of rule implementation to allow 
time for training; otherwise, affected plants could be vulnerable to 
enforcement action. This same commenter stated that EPA has 
underestimated burden that would result from the proposed rule.

[[Page 37738]]

The commenter stated that understanding all of the proposed 
requirements ``could take a facility a minimum of one week's worth of 
work * * *'' The commenter stated that EPA needs to recalculate the 
costs of this rule to accurately reflect the burden for notification, 
reporting, and recordkeeping.
    Response: As explained above, we need to regulate the plating and 
polishing area source category to meet the 90 percent requirement in 
section 112(c)(3) for emissions of cadmium, chromium, lead, manganese 
and nickel. In developing the proposed rule, we attempted to minimize 
the burden on small facilities, while ensuring that this final rule 
includes sufficient requirements for ensuring compliance. This final 
rule imposes no testing or emission monitoring requirements. We also 
have incorporated certain changes in the final rule to further reduce 
the burden to affected facilities by eliminating the requirement for 
submission of the annual compliance certifications. With respect to 
recordkeeping, our understanding is that the required records are 
already maintained at most facilities as part of routine procedures. 
Therefore, the recordkeeping requirements do not represent any 
significant burden on these facilities. Regarding the comment about our 
estimates of the burden, we based those estimates of the burden on past 
experience with similar rules. Finally, because we recognize that many 
of the facilities that will be subject to this final rule are likely to 
need assistance in understanding what is required to comply, we have 
already chosen this source category for implementation support. This 
support will include a plain language summary of this final rule and 
items such as examples of the ``Initial Notification'' and 
``Notification of Compliance Status.'' As an example of this type of 
compliance assistance, for the Chromium Electroplating NESHAP, we 
developed the publication, ``A Guidebook on How to Comply with the 
Chromium Electroplating and Chromium Anodizing National Emission 
Standards for Hazardous Air Pollutants'' (EPA-453/B-95-001) following 
promulgation of that rule. The Guidebook, which is available on our Web 
site, at http://www.epa.gov/ttn/atw/chrome/chromepg.html, provides an 
overview of that rule, an explanation of compliance dates and how to 
comply, and other information to help affected facilities understand 
what is required of them.

H. Miscellaneous

    Comment: One commenter, who represents a company that performs 
continuous nickel plating, pointed out that the company was not 
included in the list of recipients for the Information Collection 
Request (ICR) and was not given the opportunity to provide input in the 
rulemaking process. The commenter explained that the company's plating 
process differs significantly from batch plating processes that appear 
to be the focus of the proposed rule.
    Response: When developing the list of recipients for the ICR, we 
attempted to identify all companies that potentially would be affected 
by the plating and polishing rule. We contacted trade associations and 
accessed the available information on company Web sites and on-line 
databases. We also contacted state and local permitting agencies for 
information on facilities that might be affected. We recognized that 
our facility list did not account for all facilities in operation. 
However, we believed that the facilities identified through this 
process would be representative of the types of plating and polishing 
facilities in operation. For those companies that were not included in 
this information gathering effort, the public comment process offers 
the opportunity to let their concerns be acknowledged and addressed, 
and we appreciate the fact that the commenter took advantage of this 
process to submit these comments on the proposed rule.
    We acknowledge that the continuous electroplating process differs 
from batch plating processes for the reasons identified by this 
commenter and another commenter. To address this issue, we are 
including in the final rule separate requirements for continuous 
plating operations that we believe address the commenter's concerns.
    Comment: One commenter pointed out typographical errors in 
Sec. Sec.  63.11500(c), ``What are my notification, reporting, and 
recordkeeping requirements?'', and 11512(c), ``Who implements and 
enforces this subpart?''
    Response: We appreciate the commenter bringing the errors to our 
attention. We have made these corrections in the final rule.
    Comment: One commenter agreed with EPA's proposed exemption of 
affected facilities from Title V requirements.
    Response: We appreciate the commenter's support of our exemption 
for affected facilities from title V permitting requirements.

I. Non-Significant Comments

    A few comments addressed minor clarifications to this rule or other 
issues that we did not consider to be significant. Those comments and 
the responses to those comments are summarized in a memorandum that is 
included in the docket for this final rulemaking (Docket ID No. EPA-HQ-
OAR-2005-0084).

VI. Impacts of the Final Area Source Standards

A. What are the air impacts?

    Since 1990, the plating and polishing industry has reduced their 
air impacts by voluntary controls that were likely motivated by 
concerns for worker safety. These controls have reduced approximately 
20 tons of the metal HAP (cadmium, chromium, lead, manganese, and 
nickel) attributed to this industry in the 1990 urban HAP inventory. 
Although there are no additional air emission reductions as a result of 
this rule, we believe that this rule will assure that the emission 
reductions made by the industry since 1990 will be maintained.
    Along with the HAP described above, there is an undetermined amount 
of PM that has been co-controlled in thermal spraying and mechanical 
polishing processes that contributed to criteria pollutant emissions in 
1990.

B. What are the cost impacts?

    All facilities are expected to be achieving the level of control 
required by the final standard; therefore, no additional air pollution 
control devices or systems are required. Many of the management and 
pollution prevention practices are expected to provide a cost savings 
for facilities, as reported by facilities in the 2006 EPA survey. 
Therefore, no capital costs are associated with this rule. No operation 
and maintenance costs are associated with this rule because facilities 
are already following the manufacturer's instructions for operation and 
maintenance of pollution control devices and systems.
    We estimate the only impact to affected sources is the labor burden 
associated with the reporting and recordkeeping requirements. We 
estimated that the cost associated with recordkeeping and reporting 
requirements for the final rule are $713 per facility starting in the 
third year, or less than 0.04 percent of revenues. Costs for initial 
notifications in the first year are estimated at $380 per facility, for 
a total of $1,094 per facility over the first 3 years for all costs. In 
the final rule, we also eliminated the submission of the

[[Page 37739]]

annual compliance reports unless deviations of the standards occurred 
during the year. Although not included in the above estimates, the 
effect of this change can only reduce these costs further, albeit a 
small amount. Detailed information on our impact estimates for the 
affected sources is available in the docket. (See Docket Number EPA-HQ-
OAR-2005-0084.)

C. What are the economic impacts?

    This final standard is estimated to impact a total of 2,900 area 
source facilities. We estimate that more than 2,600 of these facilities 
are small entities. Our analysis indicates that this rule will not 
impose a significant adverse impact on any facilities, large or small. 
The economic impacts are estimated to be less than 0.04 percent of 
revenues.

D. What are the non-air health, environmental, and energy impacts?

    No detrimental secondary impacts are expected to occur because all 
facilities are currently achieving the GACT level of control. 
Therefore, no facilities are required to install and operate new or 
additional control devices or systems. In addition, no facilities are 
required to install and operate monitoring devices or systems. 
Therefore, no additional solid waste will be generated as a result of 
the PM and metal HAP emissions collected. There also are no additional 
energy impacts associated with operation of control devices or 
monitoring systems.
    Because some of the management practices we have required in this 
rule also have the potential co-benefit of reducing water pollution, 
there will be a beneficial effect of the final rule to reduce water 
pollution. However, today's final regulatory changes will not: (1) 
Increase the amount of discharged wastewater pollutants at the industry 
or facility levels; or (2) interfere with the ability of facilities in 
the plating and polishing area source category to comply with the Clean 
Water Act requirements (e.g., Metal Finishing Effluent Guidelines, 40 
CFR Part 433).

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and 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 EO.

B. Paperwork Reduction Act

    The information collection requirements in this final rule will be 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. The information collection requirements are not 
enforceable until OMB approves them.
    The recordkeeping and reporting requirements in this final rule are 
based on the requirements in EPA's NESHAP General Provisions to part 
63. This final NESHAP requires plating and polishing area sources to 
submit an Initial Notification and a Notification of Compliance Status 
according to the requirements in 40 CFR 63.9 of the General Provisions 
to part 63.
    Records will be required to demonstrate compliance with good 
operation and maintenance of capture systems and control devices, use 
of wetting agents and fume suppressants, plating time, use of tank 
covers, and other management practices. The owner or operator of a 
plating and polishing facility also is subject to notification and 
recordkeeping requirements in 40 CFR 63.9 and 63.10 of the General 
Provisions to part 63. Annual compliance reports are required to be 
prepared instead of the semiannual excess emissions reports required by 
the General Provisions to part 63; these reports are only required to 
be submitted if any violations of the standard occurred during the 
year.
    The average annual burden for this information collection, averaged 
over the first 3 years of this ICR, is estimated to total 33,290 labor 
hours per year at a cost of $1,048,976, which is less than 0.02 percent 
of revenues. The average annual reporting burden is 6.9 hours per 
response, with less than one average response per facility for the 
2,900 facilities. The only costs attributable to the final standards 
are associated with the monitoring, recordkeeping, and reporting 
requirements. There are no capital, operating, maintenance, or purchase 
of services costs expected as a result of this final rule. Burden is 
defined at 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR part 63 are listed in 40 CFR part 9. When this 
ICR is approved by OMB, the Agency will publish a technical amendment 
to 40 CFR part 9 in the Federal Register to display the OMB control 
number for the approved information collection requirements contained 
in this final rule.

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 this final 
rule will 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 found at 13 CFR 121.201 (less than 500 employees for NAICS 
codes 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. This final 
rule is estimated to impact a total of 2,900 area source plating and 
polishing facilities; more than 2,600 of these facilities are estimated 
to be small entities. We have determined that small entity compliance 
costs, as assessed by the facilities' cost-to-sales ratio, are expected 
to be approximately 0.14 percent. The analysis also shows that of the 
more than 2,600 small entities, no small entities will incur economic 
impacts exceeding three percent of its revenue. Although this final 
rule contains requirements for new area sources, we are not aware of 
any new area sources being constructed now or planned in the next three 
years, and consequently, we did not estimate any impacts for new 
sources. Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this final rule on small entities. The 
standards represent practices and controls that are common throughout 
the sources engaged in plating and polishing. The standards also 
require minimal amount of recordkeeping and reporting needed to 
demonstrate and verify compliance. These standards were developed in 
consultation with small business

[[Page 37740]]

representatives on the state and national level and the trade 
associations that represent small businesses.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of this final rule. The provisions of 
section 205 do not apply when they are inconsistent with applicable 
law. Moreover, section 205 allows EPA to adopt an alternative other 
than the least costly, most cost-effective, or least burdensome 
alternative if the Administrator publishes with the final rule an 
explanation why that alternative was not adopted. Before EPA 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including tribal governments, it 
must have developed under section 203 of the UMRA a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments, enabling officials of affected small governments to 
have meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    This final rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. This final rule is not expected to 
impact State, local, or tribal governments. Thus, this final rule is 
not subject to the requirements of sections 202 and 205 of the UMRA. 
EPA has determined that this final rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. This final rule contains no requirements that apply to 
such governments, and impose no obligations upon them. Therefore, this 
final rule is not subject to section 203 of the UMRA.

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'' is 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 government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This final rule does not impose 
any requirements on State and local governments. Thus, Executive Order 
13132 does not apply to this final rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 entitled ``Consultation and Coordination with 
Indian Tribal Governments'' (65 FR 67249, November 6, 2000), requires 
EPA to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' This final rule does not have tribal 
implications, as specified in Executive Order 13175. This final rule 
imposes no requirements on tribal governments. Thus, Executive Order 
13175 does not apply to this final rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets EO 13045 (62 F.R. 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 Order has the 
potential to influence the regulation. This action is not subject to EO 
13045 because it is based solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

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 increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. The nationwide

[[Page 37741]]

standards will reduce HAP emissions and thus decrease the amount of 
emissions to which all affected populations are exposed.

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. The EPA will submit a report containing these 
final rules 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 rules 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 July 1, 2008.

List of Subjects for 40 CFR Part 63

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: June 12, 2008.
Stephen L. Johnson,
Administrator.

0
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. Part 63 is amended by adding subpart WWWWWW to read as follows:
Subpart WWWWWW--National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Plating and Polishing Operations

Applicability and Compliance Dates

Sec.
63.11504 Am I subject to this subpart?
63.11505 What parts of my plant does this subpart cover?
63.11506 What are my compliance dates?

Standards and Compliance Requirements

63.11507 What are my standards and management practices?
63.11508 What are my compliance requirements?
63.11509 What are my notification, reporting, and recordkeeping 
requirements?

Other Requirements and Information

63.11510 What General Provisions apply to this subpart?
63.11511 What definitions apply to this subpart?
63.11512 Who implements and enforces this subpart?
63.11513 [Reserved]

Tables to Subpart WWWWWW of Part 63

Table 1 to Subpart WWWWWW of Part 63--Applicability of General 
Provisions to Plating and Polishing Area Sources

Subpart WWWWWW--National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Plating and Polishing 
Operations

Applicability and Compliance Dates


Sec.  63.11504  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a plating 
and polishing facility that is an area source of hazardous air 
pollutant (HAP) emissions and meets the criteria specified in 
paragraphs (a)(1) through (3) of this section.
    (1) A plating and polishing facility is a plant site that is 
engaged in one or more of the processes listed in paragraphs (a)(1)(i) 
through (vi) of this section.
    (i) Electroplating other than chromium electroplating (i.e., non-
chromium electroplating).
    (ii) Electroless or non-eletrolytic plating.
    (iii) Other non-electrolytic metal coating processes, such as 
chromate conversion coating, nickel acetate sealing, sodium dichromate 
sealing, and manganese phosphate coating; and thermal spraying.
    (iv) Dry mechanical polishing of finished metals and formed 
products after plating.
    (v) Electroforming.
    (vi) Electropolishing.
    (2) An area source of HAP emissions 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.
    (3) Your plating and polishing facility uses or has emissions of 
compounds of one or more plating and polishing metal HAP, which means 
any compound of any of the following metals: cadmium, chromium, lead, 
manganese, and nickel, as defined in Sec.  63.11511, ``What definitions 
apply to this subpart?'' With the exception of lead, plating and 
polishing metal HAP also include any of these metals in the elemental 
form.
    (b) [Reserved]


Sec.  63.11505  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new or existing affected source, 
as specified in paragraphs (a)(1) through (3) of this section, at all 
times. A new source is defined in Sec.  63.11511, ``What definitions 
apply to this subpart?''
    (1) Each tank that contains one or more of the plating and 
polishing metal HAP, as defined in Sec.  63.11511, ``What definitions 
apply to this subpart?'', and is used for non-chromium electroplating; 
electroforming; electropolishing; electroless plating or other non-
electrolytic metal coating operations, such as chromate conversion 
coating, nickel acetate sealing, sodium dichromate sealing, and 
manganese phosphate coating.
    (2) Each thermal spraying operation that applies one or more of the 
plating and polishing metal HAP, as defined in Sec.  63.11511, ``What 
definitions apply to this subpart?''
    (3) Each dry mechanical polishing operation that emits one or more 
of the plating and polishing metal HAP, as defined in Sec.  63.11511, 
``What definitions apply to this subpart?''
    (b) An affected source is existing if you commenced construction or 
reconstruction of the affected source on or before March 14, 2008.
    (c) An affected source is new if you commenced construction or 
reconstruction of the affected source after March 14, 2008.
    (d) This subpart does not apply to any of the process units or 
operations described in paragraphs (d)(1) through (6) of this section.
    (1) Process units that are subject to the requirements of 40 CFR 
part 63, subpart N (National Emission Standards for Chromium Emissions 
from Hard and Decorative Chromium Electroplating and Chromium Anodizing 
Tanks).
    (2) Research and development process units, as defined in Sec.  
63.11511, ``What definitions apply to this subpart?''
    (3) Process units that are used strictly for educational purposes.
    (4) Thermal spraying conducted to repair surfaces.
    (5) Dry mechanical polishing conducted to restore the original 
finish to a surface to apply to restoring the original finish.
    (6) Any plating or polishing process that does not use any material 
that contains cadmium, chromium, lead, or nickel in amounts of 0.1 
percent or more by weight, or that contains manganese

[[Page 37742]]

in amounts of 1.0 percent or more by weight, as reported on the 
Material Safety Data Sheet for the material.
    (e) You are exempt from the obligation to obtain a permit under 40 
CFR part 70 or 40 CFR part 71, ``Title V,'' provided you are not 
otherwise required to obtain a permit under 40 CFR 70.3(a) or 40 CFR 
71.3(a) for a reason other than your status as an area source under 
this subpart. Notwithstanding the previous sentence, you must continue 
to comply with the provisions of this subpart applicable to area 
sources.


Sec.  63.11506  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must 
achieve compliance with the applicable provisions of this subpart no 
later than July 1, 2010.
    (b) If you own or operate a new affected source for which the 
initial startup date is on or before July 1, 2008, you must achieve 
compliance with the provisions of this subpart no later than July 1, 
2008.
    (c) If you own or operate a new affected source for which the 
initial startup date is after July 1, 2008, you must achieve compliance 
with the provisions of this subpart upon initial startup of your 
affected source.

Standards and Compliance Requirements


Sec.  63.11507  What are my standards and management practices?

    (a) If you own or operate an affected new or existing non-cyanide 
electroplating, electroforming, or electropolishing tank (hereafter 
referred to as an ``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 operates at a pH 
of less than 12, you must comply with the requirements in paragraph 
(a)(1), (2), or (3) of this section, and implement the applicable 
management practices in paragraph (g) of this section, as practicable.
    (1) You must use a wetting agent/fume suppressant, as defined in 
Sec.  63.11511, ``What definitions apply to this subpart?'', in the 
bath of the affected tank according to paragraphs (a)(1)(i) through 
(iii) of this section.
    (i) You must initially add the wetting agent/fume suppressant in 
the amounts recommended by the manufacturer for the specific type of 
electrolytic process.
    (ii) You must add wetting agent/fume suppressant in proportion to 
the other bath chemistry ingredients that are added to replenish the 
tank bath, as in the original make-up of the tank.
    (iii) If a wetting agent/fume suppressant is included in the 
electrolytic process bath chemicals used in the affected tank according 
to the manufacturer's instructions, it is not necessary to add 
additional wetting agent/fume suppressants to the tank to comply with 
this rule.
    (2) You must capture and exhaust emissions from the affected tank 
to any one of the following emission control devices: composite mesh 
pad, packed bed scrubber, or mesh pad mist eliminator, according to 
paragraphs (a)(2)(i) and (ii) of this section.
    (i) You must operate all capture and control devices according to 
the manufacturer's specifications and operating instructions.
    (ii) You must keep the manufacturer's specifications and operating 
instructions at the facility at all times in a location where they can 
be easily accessed by the operators.
    (3) You must cover the tank surface according to paragraph 
(a)(3)(i) or (ii) of this section.
    (i) For batch electrolytic process tanks, as defined in Sec.  
63.11511, ``What definitions apply to this subpart?'', you must use a 
tank cover, as defined in Sec.  63.11511, over all of the effective 
surface area of the tank for at least 95 percent of the electrolytic 
process operating time.
    (ii) For continuous electrolytic process tanks, as defined in Sec.  
63.11511, ``What definitions apply to this subpart?'', you must cover 
at least 75 percent of the surface of the tank, as defined in Sec.  
63.11511, whenever the electrolytic process tank is in operation.
    (b) If you own or operate an affected new or existing ``flash'' or 
short-term electroplating tank, as defined in Sec.  63.11511, ``What 
definitions apply to this subpart?'', that uses or emits one or more of 
the plating and polishing metal HAP, you must comply with the 
requirements specified in paragraph (b)(1) or (b)(2), and implement the 
applicable management practices in paragraph (g) of this section, as 
practicable.
    (1) You must limit short-term or ``flash'' electroplating to no 
more than 1 cumulative hour per day or 3 cumulative minutes per hour of 
plating time.
    (2) You must use a tank cover, as defined in Sec.  63.11511, ``What 
definitions apply to this subpart?'', for at least 95 percent of the 
plating time.
    (c) If you own or operate an affected new or existing process tank 
that is used both for short-term electroplating and for electrolytic 
processing of longer duration (i.e., processing that does not meet the 
definition of short-term or flash electroplating) and contains one or 
more of the plating and polishing metal HAP, you must meet the 
requirements specified in paragraph (a) or (b) of this section, 
whichever apply to the process operation, and implement the applicable 
management practices in paragraph (g) of this section, as practicable.
    (d) If you own or operate an affected new or existing 
electroplating tank that uses cyanide in the plating bath, operates at 
pH greater than or equal to 12, and contains one or more of the plating 
and polishing metal HAP, you must comply with the requirements in 
paragraphs (d)(1) and (2) of this section:
    (1) You must measure and record the pH of the tank upon start-up. 
No additional pH measurements are required.
    (2) You must implement the applicable management practices in 
paragraph (g) of this section, as practicable.
    (e) If you own or operate an affected new or existing dry 
mechanical polishing equipment 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.
    (1) You must operate all capture and control devices according to 
the manufacturer's specifications and operating instructions.
    (2) You must keep the manufacturer's specifications and operating 
instructions at the facility at all times in a location where they can 
be easily accessed by the operators.
    (f) If you own or operate an affected thermal spraying operation 
that applies one or more of the plating and polishing metal HAP, you 
must meet the applicable requirements specified in paragraphs (f)(1) 
through (3) of this section, and the applicable management practices in 
paragraph (g) of this section.
    (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, or HEPA filter, according to paragraphs (f)(1)(i) and 
(ii) of this section.
    (i) You must operate all capture and control devices according to 
the manufacturer's specifications and instructions.

[[Page 37743]]

    (ii) You must keep the manufacturer's operating instructions at the 
facility at all times in a location where they can be easily accessed 
by the operators.
    (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 or HEPA filter, 
according to paragraphs (f)(2)(i) and (ii) of this section.
    (i) You must operate all capture and control devices according to 
the manufacturer's specifications and instructions.
    (ii) You must keep the manufacturer's operating instructions at the 
facility at all times in a location where they can be easily accessed 
by the operators.
    (3) For temporary thermal spraying operations, as defined in Sec.  
63.11511 ``What definitions apply to this subpart?'', you must meet the 
applicable requirements specified in paragraphs (f)(3)(i) and (ii) of 
this section.
    (i) You must document the amount of time the thermal spraying 
occurs each day, and where it is conducted.
    (ii) You must implement the applicable management practices 
specified in paragraph (g) of this section, as practicable.
    (g) If you own or operate an affected new or existing plating and 
polishing process unit that contains, applies, or emits one or more of 
the plating and polishing metal HAP, you must implement the applicable 
management practices in paragraphs (g)(1) through (12) of this section, 
as practicable.
    (1) Minimize bath agitation when removing any parts processed in 
the tank, as practicable except when necessary to meet part quality 
requirements.
    (2) Maximize the draining of bath solution back into the tank, as 
practicable, by extending drip time when removing parts from the tank; 
using drain boards (also known as drip shields); or withdrawing parts 
slowly from the tank, as practicable.
    (3) Optimize the design of barrels, racks, and parts to minimize 
dragout of bath solution (such as by using slotted barrels and tilted 
racks, or by designing parts with flow-through holes to allow the tank 
solution to drip back into the tank), as practicable.
    (4) Use tank covers, if already owned and available at the 
facility, whenever practicable.
    (5) Minimize or reduce heating of process tanks, as practicable 
(e.g., when doing so would not interrupt production or adversely affect 
part quality).
    (6) Perform regular repair, maintenance, and preventive maintenance 
of racks, barrels, and other equipment associated with affected 
sources, as practicable.
    (7) Minimize bath contamination, such as through the prevention or 
quick recovery of dropped parts, use of distilled/de-ionized water, 
water filtration, pre-cleaning of parts to be plated, and thorough 
rinsing of pre-treated parts to be plated, as practicable.
    (8) Maintain quality control of chemicals, and chemical and other 
bath ingredient concentrations in the tanks, as practicable.
    (9) Perform general good housekeeping, such as regular sweeping or 
vacuuming, if needed, and periodic washdowns, as practicable.
    (10) Minimize spills and overflow of tanks, as practicable.
    (11) Use squeegee rolls in continuous or reel-to-reel plating 
tanks, as practicable.
    (12) Perform regular inspections to identify leaks and other 
opportunities for pollution prevention.


Sec.  63.11508  What are my compliance requirements?

    (a) If you own or operate an affected source, you must submit a 
Notification of Compliance Status in accordance with Sec.  63.11509(b) 
of ``What are my notification, reporting, and recordkeeping 
requirements?''
    (b) You must be in compliance with the applicable management 
practices and equipment standards in this subpart at all times.
    (c) To demonstrate initial compliance, you must satisfy the 
requirements specified in paragraphs (c)(1) through (11) of this 
section.
    (1) If you own or operate an affected electroplating, 
electroforming, or electropolishing 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 use a wetting agent/fume suppressant to comply 
with this subpart, you must demonstrate initial compliance according to 
paragraphs (c)(1)(i) through (iv) of this section.
    (i) You must add wetting agent/fume suppressant to the bath of each 
affected tank according to manufacturer's specifications and 
instructions.
    (ii) You must state in your Notification of Compliance Status that 
you add wetting agent/fume suppressant to the bath according to 
manufacturer's specifications and instructions.
    (iii) You must implement the applicable management practices 
specified in Sec.  63.11507(g), ``What are my standards and management 
practices?'', as practicable.
    (iv) You must state in your Notification of Compliance Status that 
you have implemented the applicable management practices specified in 
Sec.  63.11507(g), ``What are my standards and management practices?'', 
as practicable.
    (2) If you own or operate an affected electroplating, 
electroforming, or electropolishing 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 use a control system, as defined in Sec.  
63.11511, ``What definitions apply to this subpart?'', to comply with 
this subpart, you must demonstrate initial compliance according to 
paragraphs (c)(2)(i) through (v) of this section.
    (i) You must install a control system designed to capture emissions 
from the affected tank and exhaust them to a composite mesh pad, packed 
bed scrubber, or mesh pad mist eliminator.
    (ii) You must state in your Notification of Compliance Status that 
you have installed the control system according to the manufacturer's 
specifications and instructions.
    (iii) You must implement the applicable management practices 
specified in Sec.  63.11507(g), ``What are my standards and management 
practices?'', as practicable.
    (iv) You must state in your Notification of Compliance Status that 
you have implemented the applicable management practices specified in 
Sec.  63.11507(g), ``What are my standards and management practices?'', 
as practicable.
    (v) You must follow the manufacturer's specifications and operating 
instructions for the control systems at all times.
    (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 this 
subpart, you must demonstrate initial compliance according to 
paragraphs (c)(3)(i) through (iv) of this section.
    (i) You must install a tank cover on the affected tank.
    (ii) You must state in your Notification of Compliance Status that 
you operate the tank with the cover in place at least 95 percent of the 
electrolytic process operating time.

[[Page 37744]]

    (iii) You must implement the applicable management practices 
specified in Sec.  63.11507(g), ``What are my standards and management 
practices?'', as practicable.
    (iv) You must state in your Notification of Compliance Status that 
you have implemented the applicable management practices specified in 
Sec.  63.11507(g), ``What are my standards and management practices?'', 
as practicable.
    (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 this subpart, you must demonstrate initial 
compliance according to paragraphs (c)(4)(i) through (iv) of this 
section.
    (i) You must cover at least 75 percent of the surface area of the 
affected tank.
    (ii) You must state in your Notification of Compliance Status that 
you operate the tank with the surface cover in place whenever the 
continuous electrolytic process is in operation.
    (iii) You must implement the applicable management practices 
specified in Sec.  63.11507(g), ``What are my standards and management 
practices?'', as practicable.
    (iv) You must state in your Notification of Compliance Status that 
you have implemented the applicable management practices specified in 
Sec.  63.11507(g), ``What are my standards and management practices?'', 
as practicable.
    (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 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.
    (i) You must state in your Notification of Compliance Status that 
you limit short-term or flash electroplating to no more than 1 
cumulative hour per day, or 3 cumulative minutes per hour of plating 
time.
    (ii) You must implement the applicable management practices 
specified in Sec.  63.11507(g), ``What are my standards and management 
practices?'', as practicable.
    (iii) You must state in your Notification of Compliance Status that 
you have implemented the applicable management practices specified in 
Sec.  63.11507(g), ``What are my standards and management practices?'', 
as practicable.
    (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 by operating the affected tank with a cover, you must 
demonstrate initial compliance according to paragraphs (c)(6)(i) 
through (iv) of this section.
    (i) You must install a tank cover on the affected tank.
    (ii) You must state in your Notification of Compliance Status that 
you operate the tank with the cover in place at least 95 percent of the 
plating time.
    (iii) You must implement the applicable management practices 
specified in Sec.  63.11507(g), ``What are my standards and management 
practices?'', as practicable.
    (iv) You must state in your Notification of Compliance Status that 
you have implemented the applicable management practices specified in 
Sec.  63.11507(g), ``What are my standards and management practices?'', 
as practicable.
    (7) If you own or operate an affected tank that contains one or 
more of the plating and polishing metal HAP, uses cyanide in the bath, 
and is subject to the management practices specified in Sec.  
63.11507(d), ``What are my standards and management practices?'', you 
must demonstrate initial compliance according to paragraphs (c)(7)(i) 
through (iii) of this section.
    (i) You must report in your Notification of Compliance Status the 
pH of the bath solution that was measured at start-up, according to the 
requirements of Sec.  63.11507(d)(1).
    (ii) You must implement the applicable management practices 
specified in Sec.  63.11507(g), ``What are my standards and management 
practices?'', as practicable.
    (iii) You must state in your Notification of Compliance Status that 
you have implemented the applicable management practices specified in 
Sec.  63.11490(g), ``What are my standards and management practices?'', 
as practicable.
    (8) If you own or operate an affected dry mechanical polishing 
operation that emits one or more of the plating and polishing metal HAP 
and is subject to the requirements in Sec.  63.11507(e), ``What are my 
standards and management practices?'', you must demonstrate initial 
compliance according to paragraphs (c)(8)(i) through (iii) of this 
section.
    (i) You must install a control system that is designed to capture 
PM emissions from the polishing operation and exhaust them to a 
cartridge, fabric, or HEPA filter.
    (ii) You must state in your Notification of Compliance Status that 
you have installed the control system according to the manufacturer's 
specifications and instructions.
    (iii) You must keep the manufacturer's operating instructions at 
the facility at all times in a location where they can be easily 
accessed by the operators.
    (9) If you own or operate an existing affected permanent thermal 
spraying operation that applies one or more of the plating and 
polishing metal HAP and is subject to the requirements in Sec.  
63.11507(f)(1), ``What are my standards and management practices?'', 
you must demonstrate initial compliance according to paragraphs 
(c)(9)(i) through (iii) of this section.
    (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, fabric filter, or HEPA filter.
    (ii) You must state in your Notification of Compliance Status that 
you have installed and are operating the control system according to 
the manufacturer's specifications and instructions.
    (iii) You must keep the manufacturer's operating instructions at 
the facility at all times in a location where they can be easily 
accessed by the operators.
    (10) If you own or operate a new affected permanent thermal 
spraying operation that applies one or more of the plating and 
polishing metal HAP and is subject to the requirements in Sec.  
63.11507(f)(2), ``What are my standards and management practices?'', 
you must demonstrate initial compliance according to paragraphs 
(c)(10)(i) through (iii) of this section.
    (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 fabric or HEPA filter.
    (ii) You must state in your Notification of Compliance Status that 
you have installed and operate the control system according to the 
manufacturer's specifications and instructions.
    (iii) You must keep the manufacturer's operating instructions at 
the facility at all times in a location

[[Page 37745]]

where they can be easily accessed by the operators.
    (11) If you own or operate an affected temporary thermal spraying 
operation that applies one or more of the plating and polishing metal 
HAP and is subject to the requirements in Sec.  63.11507(f)(3), ``What 
are my standards and management practices?'', you must demonstrate 
initial compliance according to paragraphs (c)(11)(i) and (ii) of this 
section.
    (i) You must implement the applicable management practices 
specified in Sec.  63.11507(g), ``What are my standards and management 
practices?'', as practicable.
    (ii) You must state in your Notification of Compliance Status that 
you have implemented the applicable management practices specified in 
Sec.  63.11507(g), ``What are my standards and management practices?'', 
as practicable.
    (d) To demonstrate continuous compliance with the applicable 
management practices and equipment standards specified in this subpart, 
you must satisfy the requirements specified in paragraphs (d)(1) 
through (8) of this section.
    (1) You must always operate and maintain your affected source, 
including air pollution control equipment.
    (2) You must prepare an annual compliance certification according 
to the requirements specified in Sec.  63.11509(c), ``Notification, 
Reporting, and Recordkeeping,'' and keep it in a readily-accessible 
location for inspector review.
    (3) If you own or operate an affected electroplating, 
electroforming, or electropolishing 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 use a wetting agent/fume suppressant to comply 
with this subpart, you must demonstrate continuous compliance according 
to paragraphs (d)(3)(i) through (iii) of this section.
    (i) You must record that you have added the wetting agent/fume 
suppressant to the tank bath in the original make-up of the tank.
    (ii) For tanks where the wetting agent/fume suppressant is a 
separate purchased 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 bath chemistry ingredients that are added to replenish the 
tank bath, as in the original make-up of the tank.
    (B) You must record each addition of wetting agent/fume suppressant 
to the tank bath.
    (iii) You must state in your annual compliance certification that 
you have added wetting agent/fume suppressant to the bath according to 
the manufacturer's specifications and instructions.
    (4) If you own or operate an affected electroplating, 
electroforming, or electropolishing 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 use a control system to comply with this subpart; 
an affected dry mechanical polishing operation that is subject to Sec.  
63.11507(e); or an affected thermal spraying operation that is subject 
to Sec.  63.11507(f)(1) or (2), you must demonstrate continuous 
compliance according to paragraphs (d)(4)(i) through (v) of this 
section.
    (i) You must operate and maintain the control system according to 
the manufacturer's specifications and instructions.
    (ii) Following any malfunction or failure of the capture or control 
devices to operate properly, you must take immediate corrective action 
to return the equipment to normal operation according to the 
manufacturer's specifications and operating instructions.
    (iii) You must state in your annual certification that you have 
operated and maintained the control system according to the 
manufacturer's specifications and instructions.
    (iv) You must record the results of all control system inspections, 
deviations from proper operation, and any corrective action taken.
    (v) You must keep the manufacturer's operating instructions at the 
facility at all times in a location where they can be easily accessed 
by the operators.
    (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 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.
    (i) You must limit short-term or flash electroplating to no more 
than 1 cumulative hour per day or 3 cumulative minutes per hour of 
plating time.
    (ii) You must record the times that the affected tank is operated 
each day.
    (iii) 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.
    (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 by operating the affected tank with a 
cover, you must demonstrate continuous compliance according to 
paragraphs (d)(6)(i) through (iii) of this section.
    (i) You must operate the tank with the cover in place at least 95 
percent of the electrolytic process operating time.
    (ii) You must record the times that the tank is operated and the 
times that the tank is covered on a daily basis.
    (iii) 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.
    (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 cover your 
tanks to comply with this subpart, you must demonstrate continuous 
compliance according to paragraphs (d)(7)(i) and (ii) of this section.
    (i) You must operate the tank with at least 75 percent of the 
surface covered during all periods of electrolytic process operation.
    (ii) You must state in your annual certification that you have 
operated the tank with 75 percent of the surface covered during all 
periods of electrolytic process operation.
    (8) If you own or operate an affected tank or other operation that 
is subject to the management practices specified in Sec.  63.11507(g), 
``What are my standards and management practices?'', you must 
demonstrate continuous compliance according to paragraphs (d)(8)(i) and 
(ii) of this section.
    (i) You must implement the applicable management practices during 
all times that the affected tank or process is in operation.

[[Page 37746]]

    (ii) You must state in your annual compliance certification that 
you have implemented the applicable management practices, as 
practicable.


Sec.  63.11509  What are my notification, reporting, and recordkeeping 
requirements?

    (a) If you own or operate an affected source, as defined in Sec.  
63.11505(a), ``What parts of my plant does this subpart cover?'', you 
must submit an Initial Notification in accordance with paragraphs 
(a)(1) through (4) of this section by the dates specified.
    (1) The Initial Notification must include the information specified 
in Sec.  63.9(b)(2)(i) through (iv) of the General Provisions of this 
part.
    (2) The Initial Notification must include a description of the 
compliance method (e.g., use of wetting agent/fume suppressant) for 
each affected source.
    (3) If you start up your affected source on or before July 1, 2008, 
you must submit an Initial Notification not later than 120 calendar 
days after July 1, 2008.
    (4) If you start up your new affected source after July 1, 2008, 
you must submit an Initial Notification not later than 120 calendar 
days after 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) 
and (2) of this section.
    (1) The Notification of Compliance Status must be submitted before 
the close of business on the compliance date specified in Sec.  
63.11506, ``What are my compliance dates?''
    (2) The Notification of Compliance Status must include the items 
specified in paragraphs (b)(2)(i) through (iv) of this section.
    (i) List of affected sources and the plating and polishing metal 
HAP used in, or emitted by, those sources.
    (ii) Methods used to comply with the applicable management 
practices and equipment standards.
    (iii) Description of the capture and emission control systems used 
to comply with the applicable equipment standards.
    (iv) Statement by the owner or operator of the affected source as 
to whether the source is in compliance with the applicable standards or 
other requirements.
    (c) If you own or operate an affected source, you must prepare an 
annual certification of compliance report according to paragraphs 
(c)(1) through (7) of this section. These reports do not need to be 
submitted unless a deviation from the requirements of this subpart has 
occurred during the reporting year, in which case, the annual 
compliance report must be submitted along with the deviation report.
    (1) If you own or operate an affected electroplating, 
electroforming, or electropolishing tank that is subject to the 
requirements in Sec.  63.11507(a)(1), ``What are my standards and 
management practices?'', you must state in your annual compliance 
certification that you have added wetting agent/fume suppressant to the 
bath according to the manufacturer's specifications and instructions.
    (2) If you own or operate any one of the affected sources listed in 
paragraphs (c)(2)(i) through (iii) of this section, you must state in 
your annual certification that you have operated and maintained the 
control system according to the manufacturer's specifications and 
instructions.
    (i) Electroplating, electroforming, or electropolishing tank that 
is subject to the requirements in Sec.  63.11507(a), ``What are my 
standards and management practices?'', and you use a control system to 
comply with this subpart;
    (ii) Dry mechanical polishing operation that is subject to Sec.  
63.11507(e); or
    (iii) Permanent thermal spraying operation that is subject to Sec.  
63.11507(f)(1) or (2).
    (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 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 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 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 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.
    (7) Each annual compliance report must be prepared no later than 
January 31 of the year immediately following the reporting period and 
kept in a readily-accessible location for inspector review. If a 
deviation has occurred during the year, each annual compliance report 
must be submitted along with the deviation report, and postmarked or 
delivered no later than January 31 of the year immediately following 
the reporting period.
    (d) If you own or operate an affected source, and any deviations 
from the compliance requirements specified in this subpart occurred 
during the year, you must report the deviations, along with the 
corrective action taken, and submit this report to the delegated 
authority.
    (e) You must keep the records specified in paragraphs (e)(1) 
through (3) of this section.
    (1) A copy of any Initial Notification and Notification of 
Compliance Status that you submitted and all documentation supporting 
those notifications.
    (2) The records specified in Sec.  63.10(b)(2)(i) through (iii) and 
(xiv) of the General Provisions of this part.
    (3) The records required to show continuous compliance with each 
management practice and equipment standard that applies to you, as 
specified in Sec.  63.11508(d), ``What are my compliance 
requirements?''
    (f) You must keep each record for a minimum of 5 years following 
the date of each occurrence, measurement, maintenance, corrective 
action, report, or record. You must keep each record onsite for at 
least 2 years after the date of each occurrence, measurement, 
maintenance, corrective action, report, or record, according to Sec.  
63.10(b)(1) of the General Provisions to part 63. You may keep the 
records offsite for the remaining 3 years.

Other Requirements and Information


Sec.  63.11510  What General Provisions apply to this subpart?

    If you own or operate a new or existing affected source, you must

[[Page 37747]]

comply with the requirements of the General Provisions (40 CFR part 63, 
subpart A) according to Table 1 of this subpart.


Sec.  63.11511  What definitions apply to this subpart?

    Terms used in this subpart are defined in this section.
    Batch electrolytic process tank means a tank used for an 
electrolytic process in which a part or group of parts, typically 
mounted on racks or placed in barrels, is placed in the tank and 
immersed in an electrolytic process solution as a single unit (i.e., as 
a batch) for a predetermined period of time, during which none of the 
parts are removed from the tank and no other parts are added to the 
tank, and after which the part or parts are removed from the tank as a 
unit.
    Bath means the liquid contents of a tank that is used for 
electroplating, electroforming, electropolishing, or other metal 
coating processes at a plating and polishing facility.
    Capture system means the collection of components used to capture 
gases and fumes released from one or more emissions points and then 
convey the captured gas stream to a control device, as part of a 
complete control system. A capture system may include, but is not 
limited to, the following components as applicable to a given capture 
system design: duct intake devices, hoods, enclosures, ductwork, 
dampers, manifolds, plenums, and fans.
    Cartridge filter means a type of control device that uses 
perforated metal cartridges containing a pleated paper or non-woven 
fibrous filter media to remove PM from a gas stream by sieving and 
other mechanisms. Cartridge filters can be designed with single use 
cartridges, which are removed and disposed after reaching capacity, or 
continuous use cartridges, which typically are cleaned by means of a 
pulse-jet mechanism.
    Composite mesh pad means a type of control device similar to a mesh 
pad mist eliminator except that the device is designed with multiple 
pads in series that are woven with layers of material with varying 
fiber diameters, which produce a coalescing effect on the droplets or 
PM that impinge upon the pads.
    Continuous electrolytic process tank means a tank that uses an 
electrolytic process and in which a continuous metal strip or other 
type of continuous substrate is fed into and removed from the tank 
continuously. This process is also called reel-to-reel electrolytic 
plating.
    Control device means equipment that is part of a control system 
that collects and/or reduces the quantity of a pollutant that is 
emitted to the air. The control device receives emissions that are 
transported from the process by the capture system.
    Control system means the combination of a capture system and a 
control device. The capture system is designed to collect and transport 
air emissions from the affected source to the control device. The 
overall control efficiency of any control system is a combination of 
the ability of the system to capture the air emissions (i.e., the 
capture efficiency) and the control device efficiency. Consequently, it 
is important to achieve good capture to ensure good overall control 
efficiency. Capture devices that are known to provide high capture 
efficiencies include hoods, enclosures, or any other duct intake 
devices with ductwork, dampers, manifolds, plenums, or fans.
    Cyanide plating means plating processes performed in tanks that use 
cyanide as a major bath ingredient and that operate at pH of 12 or 
more, and use or emit any of the plating and polishing metal HAP, as 
defined in this section. Electroplating and electroforming are 
performed with or without cyanide. The cyanide in the bath works to 
dissolve the HAP metal added as a cyanide compound (e.g., cadmium 
cyanide) and creates free cyanide in solution, which helps to corrode 
the anode. These tanks are self-regulating to a pH of 12 due to the 
caustic nature of the cyanide bath chemistry. The cyanide in the bath 
is a major bath constituent and not an additive; however, the self-
regulating chemistry of the bath causes the bath to act as if wetting 
agents/fume suppressants are being used and to ensure an optimum 
plating process. All cyanide plating baths at pH greater than or equal 
to 12 have cyanide-metal complexes in solution. The metal HAP to be 
plated is not emitted because it is either bound in the metal-cyanide 
complex or reduced at the cathode to elemental metal, and plated onto 
the immersed parts. Cyanide baths are not intentionally operated at pH 
less 12 since unfavorable plating conditions would occur in the tank, 
among other negative effects.
    Deviation means any instance in which an affected source or an 
owner or operator of such an affected source:
    (1) Fails to meet any requirement or obligation established by this 
rule including, but not limited to, any equipment standard (including 
emissions and operating limits), management practice, or operation and 
maintenance requirement;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this rule and that is included 
in the operating permit for any affected facility required to obtain 
such a permit; or
    (3) Fails to meet any equipment standard (including emission and 
operating limits), management standard, or operation and maintenance 
requirement in this rule during startup, shutdown, or malfunction.
    Dry mechanical polishing means a process used for removing defects 
from and smoothing the surface of finished metals and formed products 
after plating with any of the plating and polishing metal HAP, as 
defined in this section, using hard-faced abrasive wheels or belts and 
where no liquids or fluids are used to trap the removed metal 
particles.
    Electroforming means an electrolytic process using or emitting any 
of the plating and polishing metal HAP, as defined in this section, 
that is used for fabricating metal parts. This process is essentially 
the same as electroplating except that the plated substrate (mandrel) 
is removed, leaving only the metal plate. In electroforming, the metal 
plate is self-supporting and generally thicker than in electroplating.
    Electroless plating means a non-electrolytic 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. Electroless plating is 
also called non-electrolytic plating. Examples include, but are not 
limited to, chromate conversion coating, nickel acetate sealing, sodium 
dichromate sealing, and manganese phosphate coating.
    Electrolytic plating processes means electroplating and 
electroforming that use or emit any of the plating and polishing metal 
HAP, as defined in this section, where metallic ions in a plating bath 
or solution are reduced to form a metal coating on the surface of parts 
and products using electrical energy.
    Electroplating means an electrolytic process that uses or emits any 
of the plating and polishing metal HAP, as defined in this section, in 
which metal ions in solution are reduced onto the surface of the work 
piece (the cathode) via an electrical current. The metal ions in the 
solution are usually replenished by the dissolution of metal from solid 
metal anodes fabricated of the same metal being plated, or by direct

[[Page 37748]]

replenishment of the solution with metal salts or oxides; 
electroplating is also called electrolytic plating.
    Electropolishing means an electrolytic process 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; electropolishing is also called electrolytic 
polishing.
    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.
    Flash electroplating means an electrolytic process 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.
    General Provisions of this part (40 CFR part 63, subpart A) means 
the section of the Code of Federal Regulations (CFR) that addresses air 
pollution rules that apply to all HAP sources addressed in part 63, 
which includes the National Emission Standards for Hazardous Air 
Pollutants (NESHAP).
    HAP means hazardous air pollutant as defined from the list of 188 
chemicals and compounds specified in the CAA Amendments of 1990; HAP 
are also called ``air toxics.'' The five plating and polishing metal 
HAP, as defined in this section, are on this list of 188 chemicals.
    High efficiency particulate air (HEPA) filter means a type of 
control device that uses a filter composed of a mat of randomly 
arranged fibers and is designed to remove at least 99.97 percent of 
airborne particles that are 0.3 micrometers or larger in diameter.
    Mesh pad mist eliminator means a type of control device, consisting 
of layers of interlocked filaments densely packed between two 
supporting grids that remove liquid droplets and PM from the gas stream 
through inertial impaction and direct interception.
    Metal coating operation means any process performed either in a 
tank that contains liquids or as part of a spraying operation that 
applies one or more plating and polishing metal HAP, as defined in this 
section, to parts and products used in manufacturing. These processes 
include but are not limited to: Non-chromium electroplating; 
electroforming; electropolishing; other non-electrolytic metal coating 
processes, such as chromate conversion coating, nickel acetate sealing, 
sodium dichromate sealing, and manganese phosphate coating; and thermal 
spraying.
    New source means any affected source for which you commenced 
construction or reconstruction after March 14, 2008.
    Non-cyanide electrolytic plating and electropolishing processes 
means electroplating, electroforming, and electropolishing that uses or 
emits any of the plating and polishing metal HAP, as defined in this 
section, performed without cyanide in the tank. These processes do not 
use cyanide in the tank and operate at pH values less than 12. These 
processes use electricity and add or remove metals such as metal HAP 
from parts and products used in manufacturing. Both electroplating and 
electroforming can be performed with cyanide as well.
    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, sodium dichromate sealing, and manganese 
phosphate coating.
    Packed-bed scrubber means a type of control device that includes a 
single or double packed bed that contains packing media on which PM and 
droplets impinge and are removed from the gas stream. The packed-bed 
section of the scrubber is followed by a mist eliminator to remove any 
water entrained from the packed-bed section.
    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, 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.
    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, and does not 
contain manganese in amounts greater than or equal to 1.0 percent by 
weight, 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 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 thermal spraying or dry polishing 
with machines.
    PM means solid or particulate matter that is emitted into the air.
    Research and development process unit means any process unit that 
is used for conducting research and development for new processes and 
products and is not used to manufacture products for commercial sale, 
except in a de minimis manner.
    Short-term plating means an electroplating process 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 
1 hour cumulative per day.
    Tank cover for batch process units means a solid structure made of 
an impervious material that is designed to cover the entire open 
surface of a tank or process unit that is used for plating or other 
metal coating processes.
    Tank cover for continuous process units, means a solid structure or 
combination of structures, made of an impervious material that is 
designed to cover at least 75 percent of the open surface of the tank 
or process unit that is used for continuous plating or other continuous 
metal coating processes.
    Temporary thermal spraying means a thermal spraying operation that 
uses or emits any of the plating and polishing metal HAP, as defined in 
this section, and that lasts no more than 1 hour in duration during any 
one day and is conducted in situ. Thermal spraying that is conducted in 
a dedicated thermal

[[Page 37749]]

spray booth or structure is not considered to be temporary thermal 
spraying.
    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 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.
    Water curtain means a type of control device that draws the exhaust 
stream through a continuous curtain of moving water to scrub out 
suspended PM.
    Wetting agent/fume suppressant means any chemical agent that 
reduces or suppresses fumes or mists from a plating and polishing tank 
by reducing the surface tension of the tank bath.


Sec.  63.11512  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by EPA or a 
delegated authority such as your State, local, or tribal agency. If the 
EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency, in addition to EPA, has the authority 
to implement and enforce this subpart. You should contact your EPA 
Regional Office to find out if implementation and enforcement of this 
subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the EPA Administrator and are not transferred to the 
State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are specified in paragraphs (c)(1) through (5) of this 
section.
    (1) Approval of an alternative non-opacity emissions standard under 
40 CFR 63.6(g), of the General Provisions of this part.
    (2) Approval of an alternative opacity emissions standard under 
Sec.  63.6(h)(9), of the General Provisions of this part.
    (3) Approval of a major change to test methods under Sec.  
63.7(e)(2)(ii) and (f), of the General Provisions of this part. A 
``major change to test method'' is defined in Sec.  63.90.
    (4) Approval of a major change to monitoring under Sec.  63.8(f), 
of the General Provisions of this part. A ``major change to 
monitoring'' is defined in Sec.  63.90.
    (5) Approval of a major change to recordkeeping and reporting under 
Sec.  63.10(f), of the General Provisions of this part. A ``major 
change to recordkeeping/reporting'' is defined in Sec.  63.90.


Sec.  63.11513  [Reserved]

Tables to Subpart WWWWWW of Part 63

    As required in Sec.  63.11510, ``What General Provisions apply to 
this subpart?'', you must meet each requirement in the following table 
that applies to you.

     Table 1 to Subpart WWWWWW of Part 63. Applicability of General
            Provisions to Plating and Polishing Area Sources
------------------------------------------------------------------------
                Citation                             Subject
------------------------------------------------------------------------
63.1...................................  Applicability.
63.2...................................  Definitions.
63.3...................................  Units and abbreviations.
63.4...................................  Prohibited activities.
63.6(a), (b)(1)-(b)(5), (c)(1), (c)(2),  Compliance with standards and
 (c)(5), (j).                             maintenance requirements.
63.10(a), (b)(1), (b)(2)(i)-             Recordkeeping and reporting.
 (iii),(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. E8-14795 Filed 6-30-08; 8:45 am]

BILLING CODE 6560-50-P
