
[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Rules and Regulations]
[Pages 57913-57923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23806]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2005-0084; FRL-9466-1]
RIN 2060-AQ74


Amendments to National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Plating and Polishing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; withdrawal of direct final rule.

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SUMMARY: On June 12, 2008, the EPA issued national emission standards 
for hazardous air pollutants (NESHAP) for the plating and polishing 
area source category under section 112 of the Clean Air Act (CAA). On 
June 20, 2011, the EPA proposed amendments to clarify that the emission 
control requirements of the plating and polishing area source NESHAP 
did not apply to any bench-scale activities. The amendments also made 
several technical corrections and clarifications that are not 
significant changes in the rule's requirements. In addition, on June 
20, 2011, the EPA issued a direct final rule amending the area source 
standards for plating and polishing area sources. Since we received an 
adverse comment, we are withdrawing the direct final rule today 
simultaneously with this final rule.

DATES: This final rule is effective on October 19, 2011. Effective 
September 19, 2011, EPA withdraws the direct final rule published at 76 
FR 35750 on June 20, 2011.

ADDRESSES:
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, will 
be publicly available only in hard copy. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, Public 
Reading Room, EPA West Building, Room 3334, 1301 Constitution Ave., 
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m. Eastern Standard Time (EST), Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744,

[[Page 57914]]

and the telephone number for the Air and Radiation Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Dr. Donna Lee Jones, Sector Policies 
and Programs Division, Office of Air Quality Planning and Standards 
(D243-02), Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711, telephone number: (919) 541-5251; fax number: 
(919) 541-3207; e-mail address: Jones.DonnaLee@epa.gov.

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. Background Information
II. Summary of Comment and Response
III. Does this action apply to me?
IV. Where can I get a copy of this document?
V. Why are we amending this rule?
    A. Clarification of Applicability for Bench-Scale Operations
    B. Other Technical Corrections and Clarifications
VI. What are the changes to the area source NESHAP for plating and 
polishing operations?
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Background Information

    The EPA stated in the direct final rule titled, ``Amendments to 
National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Plating and Polishing'' which was published on June 20, 2011 
(76 FR 35750) that if EPA received adverse comment by July 20, 2011, 
the direct final rule would not take effect and EPA would publish a 
timely withdrawal of the direct final rule in the Federal Register. The 
EPA subsequently received an adverse comment on the direct final rule.
    Because EPA received an adverse comment, EPA is withdrawing the 
direct final rule titled ``Amendments to National Emission Standards 
for Hazardous Air Pollutants for Area Sources: Plating and Polishing.'' 
As stated in the parallel proposed rule (76 FR 35806) published on the 
same day as a direct final rule, EPA will not institute a second 
comment period in this proceeding concerning the Plating and Polishing 
Area Sources amendments addressed in the direct final and parallel 
proposed rules. EPA is addressing the adverse comment on the direct 
final rule and providing final notice of the amended rule concurrent 
with this withdrawal. This final rule is based on the parallel proposed 
rule and includes a summary of the comment received and the EPA 
response.
    The amendments in this final rule clarify that the emission control 
requirements of the plating and polishing area source NESHAP do not 
apply to any bench-scale activities. Also, several technical 
corrections and clarifications that do not make significant changes in 
the rule's requirements have been made to the rule text. This rule 
amendment increases flexibility and freedom of choice for the public, 
and makes the rule more clear and intelligible which, as a result, 
reduces burden.

II. Summary of Comment and Response

    The EPA received one comment concerning the amended rule.
    Comment: One comment was received from a semiconductor wafer and 
photovoltaic (PV) cell manufacturer who performs electroless nickel 
plating onto silicon wafers in clean rooms or segregated manufacturing 
areas designed to limit contamination. The commenter stated that 
emissions from metalization during these semiconductor and PV 
manufacturing processes are too small to measure easily and 
consequently could not have been included in the 1990 inventory. Also, 
the commenter stated that semiconductor and PV facilities are not 
similar to the large scale plating and polishing operations to which 
the commenter believes the plating and polishing rule is intended to 
apply. The commenter requested that these small-scale semiconductor and 
PV manufacturing processes be exempted from the plating and polishing 
rule along with the bench-scale operations described in the proposed 
rule amendment.
    Response: The semiconductor industry does both electroless and 
electrolytic plating, as stated in the materials submitted by the 
commenter. In both these plating processes, the concentration of 
plating HAP in the plating solution is high, with electroplating having 
a greater potential for air emissions than electroless plating. 
According to information available to the EPA, many facilities in the 
semiconductor industry were already controlling their HAP emissions at 
the time of the final rule for plating and polishing in 2008 by the 
control methods required by the plating and polishing area source rule. 
Although HAP emissions from many facilities in the semiconductor 
industry may be low, as the commenter describes, emissions from many 
other affected facilities under this rule, as well as other area source 
rules, are also low; hence their classification as area sources. The 
intent of the area source rules is to set standards for low-emitting 
sources with the potential to emit HAP and which are not major sources.
    The semiconductor industry is very similar to other plating and 
polishing industries that do a high production volume of plating using 
solutions with high concentrations of metal HAP and, therefore, are the 
intended subjects of the rule. To the extent that sources in the 
semiconductor and PV manufacturing industry qualify as bench scale 
operations, they also may be exempt from the plating and polishing rule 
with as a result of this action. However, as individual industries, we 
believe that area sources in the semiconductor and PV manufacturing 
industries are the type of sources intended to be regulated under the 
area source program and, more specifically, under the plating and 
polishing rule for metal HAP. Therefore, no sources or classes of 
sources are being added to the exemption for bench-scale operations in 
today's action. Additionally, for electroless plating sources, the 
plating and polishing rule requires management practices for minimizing 
HAP emissions, as practicable, with no additional control requirements 
or annual reporting. Therefore, the burden of the rule on facilities 
similar to the commenter's is low, especially for facilities that are 
already well controlled.

III. Does this action apply to me?

    The regulated categories and entities potentially affected by the 
final rule include:

[[Page 57915]]



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               Category                    NAICS  code \1\              Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility will be regulated by this 
action, you should examine the applicability criteria in 40 CFR 
63.11475 of subpart WWWWWW (NESHAP: Area Source Standards for Plating 
and Polishing Operations). If you have any questions regarding the 
applicability of this action to a particular entity, consult either the 
air permit authority for the entity or your EPA regional representative 
as listed in Sec.  63.13 of the General Provisions to part 63 (40 CFR 
part 63, subpart A).

IV. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this final action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control.

V. Why are we amending this rule?

    On July 1, 2008 (73 FR 37741), we issued the NESHAP for Area 
Sources: Plating and Polishing (40 CFR part 63, subpart WWWWWW). The 
final rule establishes air emission control requirements for new and 
existing facilities that are area sources of hazardous air pollutants. 
The final standards establish emission standards in the form of 
management practices for new and existing tanks, thermal spraying 
equipment, and dry mechanical polishing equipment in certain plating 
and polishing processes. These final emission standards reflect the 
EPA's determination regarding the generally achievable control 
technology (GACT) and/or management practices for the area source 
category.
    In the time period since promulgation, it has come to our attention 
that certain aspects of the rule as promulgated have led to 
misinterpretations, inconsistencies, and confusion regarding the 
applicability of the rule. These amendments make several technical 
corrections and clarifications to the rule's text that will provide 
clarity.
    In addition to fulfilling the mandate in CAA section 112, these 
amendments are also responsive to Executive Order 13563, ``Improving 
Regulation and Regulatory Review,'' issued on January 18, 2011, which 
directs each Federal agency to ``periodically review its existing 
significant regulations to determine whether any such regulations 
should be modified, streamlined, expanded, or repealed so as to make 
the agency's regulatory program more effective or less burdensome in 
achieving the regulatory objectives.'' EPA's amended rule increases 
flexibility and freedom of choice for the public, and makes the rule 
more clear and intelligible which, as a result, reduces burden.

VI. What are the changes to the area source NESHAP for plating and 
polishing operations?

    We are amending this rule to clarify and correct inconsistencies 
and inadequacies of the rule language that have come to our attention 
since promulgation. These items are discussed in this section. There is 
also a red-line version of the regulatory text in the docket that shows 
the effect of these changes on the promulgated rule.

A. Clarification of Applicability for Bench-Scale Operations

    EPA is making these amendments to the NESHAP for plating and 
polishing operations that are area sources (40 CFR part 63, subpart 
WWWWWW) to clarify that the rule was not intended to apply to process 
units that are bench-scale operations.
    Based on available inventory information, we believe that HAP 
emissions from bench-scale activities were not part of the 1990 
baseline inventory for the urban air toxics program that supported the 
area source listing decision for this category. The plating and 
polishing category includes job shop operations dedicated to plating 
and polishing operations, and original equipment manufacturers with 
large-scale plating and polishing processes. We believe that this 
definition is also consistent with the basis of the listing of the 
plating and polishing source category in the 1990 air toxics inventory. 
Therefore, this amendment clarifies that the emission control 
requirements of the plating and polishing area source rule do not apply 
to bench-scale activities. Further, our experience is that the types of 
plating and polishing operations that are bench-scale use small 
containers on the scale of 25 gallons or less, and any potential air 
emissions would be too low to measure. Bench-scale processes are 
defined in this final rule as: ``Any operation that is small enough to 
be performed on a bench, table, or similar structure so that the 
equipment is not directly contacting the floor.''

B. Other Technical Corrections and Clarifications

    To clarify our intent in the rule and reduce misinterpretations 
that have come to our attention since the final rule was published in 
July 2008, we

[[Page 57916]]

have made certain clarifications and technical corrections to the rule 
text.
    We are clarifying that certain process units and operations are not 
part of the affected activity, based on our knowledge of the area 
source inventory on which the source category description was derived. 
These processes include activities such as plating, polishing, coating 
or thermal spraying conducted to repair surfaces or equipment. 
Similarly, other EPA area source rules also do not include repair and 
maintenance activities at manufacturing facilities as affected 
operations for air pollution control purposes, such as area source 
regulations for Nine Metal Fabrication and Finishing source categories 
(40 CFR part 63, subpart XXXXXX).
    In addition, we are clarifying the descriptions of standards and 
management practices to better reflect the industry and manufacturer's 
equipment operations. For example, in the standards and compliance 
requirements, the addition of wetting agents/fume suppressants to tank 
baths has been clarified to reflect manufacturers' specifications, 
including flexibility to the operator that may be provided in the 
specifications. We intended the requirements of the final rule to be 
consistent with practices conducted based on manufacturers' 
specifications. Definitions of operations and procedures were also 
corrected in order to clarify the scope of the rule, the affected 
processes, and make applicability and other definitions consistent 
within the rule. These are listed in the following paragraphs.
    We are clarifying that certain operations were not part of the 
original urban air toxics inventory on which this source category was 
defined and, therefore, we are revising the regulatory text to clarify 
that these operations are not subject to the requirements of the rule, 
as described below.
    We are clarifying that the affected operations do not include 
plating or polishing performed to repair equipment or for maintenance 
purposes. The final rule excluded repair operations performed with 
thermal spraying as a result of comments received after proposal. In 
the time period since the rule was promulgated, we learned that plating 
or coating was also done for repair purposes, usually with small paint 
brushes and not in tanks. Therefore, we have amended the rule to add 
``any'' plating and polishing process as the types of repair processes 
which are not affected operations under the rule. This change is based 
on the original urban air toxics inventory on which the source category 
was defined.
    We are clarifying that certain operations were intended to be part 
of the affected sources and, therefore, we are revising the regulatory 
text to clarify that these operations are subject to the requirements 
of the rule, as described below.
    We are clarifying that thermal spraying is another process to which 
the requirements for dry mechanical polishing apply. The final rule 
stated that dry mechanical polishing was an affected process if 
performed after plating. Since thermal spraying is one of the plating 
and polishing processes used to plate metal onto surfaces, we intended 
to include dry mechanical polishing done after thermal spraying as an 
affected process, and are making that clarification in today's action.
    We are also clarifying that language of the rule to reflect the 
fact that flame spraying, which is a different name for thermal 
spraying, is subject to the rule. We are also clarifying that thermal 
and flame spraying operations do not include spray painting at ambient 
temperatures. After promulgation of the final rule, we learned that 
flame spraying is another name for thermal spraying--both terms are 
used for an identical process. However, spray coating at room 
temperatures is another process entirely, with a different definition, 
and is already addressed under subpart HHHHHH of this part, which 
regulates spray painting and other similar spray coating processes 
performed without the use of heat or flame. Therefore, spray coating at 
room temperatures is not subject to the requirements of this rule.
    In addition, we are making clarifications to the rule language to 
better describe certain rule requirements which have been 
misinterpreted since the time of promulgation. The following is a 
discussion of these items.
    First, we are clarifying that although Material Safety Data Sheets 
(MSDS) may be used to determine the amount of plating and polishing 
metal HAP in materials used in the plating or polishing process, MSDS 
are not required to be used and are not the only method to determine 
HAP content. Other methods include laboratory analysis or engineering 
estimate of the HAP content of the bath, which are also reliable 
indicators of HAP content. The reference to MSDS in the final rule was 
only intended to provide an example of readily available resources to 
determine the HAP content of materials used in plating and polishing 
and was not meant to be the exclusive method to be used. Therefore, we 
are amending the rule to clarify that these other methods are 
acceptable.
    We are also clarifying that for plating or polishing tanks, the HAP 
content may be determined from the final bath contents ``as used'' to 
plate or to polish rather than the HAP content of the individual 
components, to better reflect the fact that HAP emissions are based on 
the concentration of HAP within the tank. The most important 
concentration of plating HAP as it relates to the potential for HAP to 
be emitted is the concentration of HAP within the tank. We received 
information after promulgation of the final rule demonstrating that 
measuring the concentration of pure ingredients in the pure form (``as 
added'') could misrepresent the HAP concentration within the tank for 
some platers. Therefore, in today's action we are amending the rule to 
also allow measurement of HAP content of the final solution within the 
tank to determine applicability to the rule. We are retaining the ``as 
added'' measurement point since this point provides a conservative 
value because the materials added will only be more dilute once they 
are placed in the tank, and because it may be easier to perform the 
measurement ``as added'' for some plating operations. Facilities may 
still use the HAP concentrations specified in the individual MSDS for 
each ingredient used in the tank to establish the total HAP content of 
the tank for the purposes of this rule.
    We are clarifying that when facilities add wetting agent/fume 
suppressant to replenish the plating baths, they can add these 
ingredients in amounts such that the bath contents are returned to that 
of the original make-up of the bath and do not have to add the full 
amounts originally added on startup. Adding more wetting agent/fume 
suppressant than needed to return the bath contents to their original 
make-up will not necessarily reduce HAP emissions. This revision 
ensures that the concentration of the wetting agent/fume suppressant 
does not change. The wetting agent/fume suppressant concentration in 
the tank is one of the key features for proper plating as well as for 
emission control. However, adding more wetting agent/fume suppressant 
beyond the amount recommended by the manufacturer is not necessarily 
better for pollution control and in many cases could be detrimental to 
the plating process itself. Therefore, we are permitting the addition 
of smaller amounts of wetting agent than that original amount as long 
as the amount added brings the tank back to its original concentration 
of wetting agent/fume suppressant. We intended in the final rule that 
platers

[[Page 57917]]

maintain the concentration of wetting agent/fume suppressant as 
recommended by the manufacturer and this change today enables platers 
to add only the amount that is needed to maintain the correct 
concentration.
    We are also clarifying the definition of startup of an affected 
plating or polishing bath to explain that startup of the bath does not 
include events where only the tank's heating or agitation and other 
mechanical operations are turned back on after being turned off for a 
period of time. The chemical make-up of the original tank bath is the 
key point in time at which startup of the tanks occurs, rather than the 
existence of electricity supplied to the tanks for heating, agitation, 
or other physical conditions. Therefore, we are revising the definition 
of the startup of tanks to specify that this startup is when the tank 
baths are originally created. If startup begins at the time electricity 
is delivered to the tank, this could lead to facilities refraining from 
turning off the power when the tanks are not in use to avoid startup 
requirements when the plating is resumed. This practice could lead to 
wasting of energy and possibly increases in air pollution as tanks 
remain heated or agitated for hours longer than needed. Therefore, by 
defining tank startup as the time of the original bath make-up, we are 
encouraging facilities to shut down the electricity to their tanks when 
not in use and eliminating unnecessary startup procedures to comply 
with the rule.
    We are also adding ``cartridge'' filters as a type of filter that 
can fulfill the control requirement in all instances where the general 
category of ``filters'' are specified. Cartridge filters are a specific 
type of filter used in air pollution control that give the same 
performance as fabric filters in terms of particle control in, for 
example, dry mechanical polishing or thermal spraying. Cartridge 
filters are more compact than fabric filters and more useful in 
industrial machinery settings where space is limited. Therefore, we 
have added cartridge filters as a type of filter permitted as a control 
device under the rule.
    We are also clarifying that the rule requirement to maintain and 
record the minimum amount of time that tank covers must be used is only 
applicable when covers are the sole method of complying with the GACT 
operating standards, and these requirements for recordkeeping do not 
apply when another method is used to comply with the GACT operating 
standards, or when covers are used as a management practice. The use of 
covers is a method of complying with the GACT operating standards for 
electroplating processes as well as for complying with the management 
practices for both electrolytic and electroless plating, and polishing 
operations. When covers are used as a management practice, there are no 
specific requirements under the rule for the amount of time or the 
amount of surface area coverage as there is for the GACT operating 
standards. Covers used for complying with the GACT operating standard 
are more critical to emission control and therefore need to have 
stricter time requirements, such as 95 percent of the plating time or, 
in the case of continuous plating, cover 75 percent of the surface 
area. Covers used as a management practice are used on processes where 
either control of emissions is not critical to pollution control due to 
low emissions, or where other methods of control are being used to meet 
the GACT requirements, such as wetting agents/fume suppressant. In many 
cases, covers are used as a management practice where the process does 
not allow the covers to be used for as much time or over as much 
surface area as the operating standards in the rule. Factors that can 
interfere in the use of covers for as long as needed to meet the GACT 
operating standard are, for example, processes where workers have to 
remove and load parts frequently. In this situation, another method of 
achieving the operating standard is used, such as wetting agents/fume 
suppressant. The use of covers for any part of the plating time, 
regardless of other controls or practices employed, is a management 
strategy for pollution prevention and is encouraged.
    Therefore, we are clarifying that when covers are used as a 
management practice, facilities are not required to document the time 
the covers are in place in the same way as covers used for meeting the 
GACT operating standard. We are amending the rule today to make this 
point clear and to encourage pollution prevention achieved by the use 
of covers, in general.
    We are also clarifying that limiting and recording the time of 
plating to fulfill the flash or short-term requirements in the rule is 
only applicable when facilities comply with the GACT standard of this 
subpart solely by limiting the plating time of the affected tank, and 
do not apply to plating done for short periods of time in general, 
where other methods are used to comply with the GACT standards. Tanks 
that perform plating for short periods of time, in general, are not 
required to use the GACT regulatory option of limiting and recording 
plating time to comply with the rule if another method of compliance is 
used.
    Similar to the discussion above on the use of covers, if facilities 
with short-term plating use another method to comply with the rule, we 
encourage them to still keep their plating times short and, hence, 
minimize potential pollution. Therefore, we are clarifying that 
documentation is not required for the practice of short-term plating, 
in general, when another method of compliance with the rule is used.
    We are clarifying that if a new affected source is started after 
July 1, 2008, an Initial Notification must be submitted upon startup. 
The final rule erroneously required the Initial Notification for new 
sources to be submitted after 120 days of startup of the process (Sec.  
63.11509(a)(3) ``What are my notification, reporting, and recordkeeping 
requirements?'') as a result of a typographical error. Since we 
generally require initial notification for new sources upon startup, we 
have corrected the submittal date of the initial notification.
    We are clarifying that if a facility makes a change to the methods 
of compliance with the standard, an amended Notification of Compliance 
Status should be submitted within 30 days of the change. Note that this 
does not apply to any changes in the listed management practices. This 
requirement is intended to ensure that the EPA is aware of changes in 
the process or controls that may affect HAP emissions and compliance 
with the rule. This notification can be in the form of the annual 
report already required under the rule. This additional requirement 
includes mailing the annual report (the preparation of which is already 
required), and should not occur for many facilities in the industry and 
will not be required frequently. Therefore we estimate that the burden 
of this additional requirement is negligible. Electronic notifications 
may be allowable by the air permit authorities or EPA regional 
representative in some states or regions.
    We are also clarifying that the management practices apply to all 
affected plating and polishing operations, as practicable, not just 
affected plating tanks. In the final rule, the management practices 
were intended to apply to all plating and polishing operations under 
this subpart and this amendment corrects that applicability. The word 
``plating'' as used in the promulgated rule was intended to be a short 
phrase to represent all plating and polishing operations. Although most 
of the management practices do apply to

[[Page 57918]]

tanks, there are others that apply to all plating and polishing 
sources, including: ``general good housekeeping,'' such as regular 
sweeping or vacuuming, if needed; ``periodic washdowns,'' as 
practicable; and ``regular inspections'' to identify leaks and other 
opportunities for pollution prevention. Therefore, we are clarifying 
that management practices apply to all plating and polishing 
operations.
    We have also made corrections that were primarily typographical in 
nature, and added definitions for terms used in the rule that were not 
defined to clarify our original intent in the rule. The revised or 
added definitions to the rule are as follows (in alphabetical order): 
``bath,'' ``bench-scale plating or polishing,'' ``conversion 
coatings,'' ``dry mechanical polishing,'' ``electropolishing,'' 
``fabric filter,'' ``flash electroplating,'' ``maintenance,'' ``major 
facility,'' ``metal coating operation,'' ``metal HAP content,'' ``non-
electrolytic plating,'' ``plating and polishing facility,'' ``plating 
and polishing metal HAP,'' ``plating and polishing process tanks,'' 
``repair,'' ``startup of the tank bath,'' and ``thermal spraying.''
    Finally, we are updating Table 1 of the rule titled ``Applicability 
of General Provisions to Plating and Polishing Area Sources,'' to 
reflect changes in the General Provisions that have occurred since the 
rule was originally promulgated. Specifically, the previous provisions 
relating to startup, shutdown, and malfunctions have been removed, in 
light of the DC Circuit's decision in Sierra Club v. EPA, 551 F.3d 1019 
(DC Cir. 2008). The emissions standards for plating and polishing area 
sources are expressed as management practices, and these management 
practice requirements can be met at all times. Therefore, exempting 
sources from meeting these standards during periods of startup, 
shutdown, and malfunction is not appropriate.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.
    This action is responsive to Executive Order 13563, ``Improving 
Regulation and Regulatory Review'' (76 FR 3821, January 21, 2011), 
which directs each Federal agency to review existing significant 
regulations to determine whether any regulations should be modified, 
streamlined, expanded, or repealed so as to make the EPA's regulatory 
program more effective or less burdensome in achieving the regulatory 
objectives. This amended rule increases flexibility and freedom of 
choice for the regulated community, and makes the rule more clear and 
intelligible which, as a result, reduces burden.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
therefore no new information collection request has been prepared. 
These final amendments clarify that the emission control requirements 
of the plating and polishing area source rule do not apply to bench-
scale activities. Also, several technical corrections and 
clarifications that do not make material changes in the rule's 
requirements have been made to the rule text. No new burden is 
associated with these requirements because the burden was included in 
the approved information request (ICR) for the existing rule. The 
Office of Management and Budget (OMB) has previously approved the 
information collection requirements contained in the existing 
regulations (40 CFR part 63 subpart WWWWWW) under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has been assigned 
OMB control number control number 2060-0623. The OMB control numbers 
for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule 
would not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses, small not-for-
profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of this final rule on 
small entities, small entity is defined as: (1) A small business that 
meets the Small Business Administration size standards for small 
businesses at 13 CFR 121.201 (whose parent company has fewer than 500 
employees for NAICS code 332813); (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district, or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. We have 
determined that the small entities in this area source category will 
not incur any adverse impacts because this action makes only technical 
corrections and clarifications that increase flexibility and does not 
create any new requirements or burdens. No costs are associated with 
these amendments to the NESHAP.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local, or Tribal governments or the private 
sector. The action imposes no enforceable duty on any state, local or 
Tribal governments or the private sector. The term ``enforceable duty'' 
does not include duties and conditions in voluntary Federal contracts 
for goods and services. Thus, this action is not subject to the 
requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. The technical 
corrections and clarifications made through this action contain no 
requirements that apply to such governments, impose no obligations upon 
them, and will not result in any expenditures by them or any 
disproportionate impacts on them.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the states, on the relationship 
between the national

[[Page 57919]]

government and the states, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132. The final rule makes certain technical 
corrections and clarifications to the NESHAP for plating and polishing 
area sources. These final corrections and clarifications do not impose 
requirements on state and local governments. Thus, Executive Order 
13132 does not apply to the final rule.

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

    This final action does not have Tribal implications, as specified 
in Executive Order 13175 (65 FR 67249, November 6, 2000). This final 
rule makes certain technical corrections and clarifications to the 
NESHAP for plating and polishing area sources. These final corrections 
and clarifications do not impose requirements on Tribal governments. 
They also have no direct effects on Tribal governments, on the 
relationship between the Federal government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian Tribes. Thus, Executive Order 13175 does not 
apply to this action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it makes 
technical corrections and clarifications to the area source NESHAP for 
plating and polishing area sources which is based solely on technology 
performance.

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

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

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

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The technical corrections and clarifications in this final 
rule do not change the level of control required by the NESHAP.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of Congress and to the Comptroller General 
of the United States. EPA will submit a report containing these final 
rule amendments and other required information to the U.S. Senate, the 
U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the final rule amendments in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This final rule will be effective 
on October 19, 2011.

List of Subjects in 40 CFR Part 63

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

    Dated: September 12, 2011.
Lisa P. Jackson,
Administrator.

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

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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


0
2. Section 63.11504 is amended as follows:
0
a. By revising paragraph (a)(1)(iv); and
0
b. By revising paragraph (a)(2) to read as follows:


Sec.  63.11504  Am I subject to this subpart?

    (a) * * *
    (1) * * *
    (iv) Dry mechanical polishing of finished metals and formed 
products after plating or thermal spraying.
* * * * *
    (2) A plating or polishing facility is an area source of HAP 
emissions, where an area source is any stationary source or group of 
stationary sources within a contiguous area under common control that 
does not have the potential to emit any single HAP at a rate of 9.07 
megagrams per year (Mg/yr) (10 tons per year (tpy)) or more and any 
combination of HAP at a rate of 22.68 Mg/yr (25 tpy) or more.
* * * * *

0
3. Section 63.11505 is amended as follows:
0
a. By revising paragraph (d)(4);
0
b. By revising paragraph (d)(5); and
0
c. By revising paragraph (d)(6) to read as follows:


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

* * * * *
    (d) * * *
    (4) Plating, polishing, coating, or thermal spraying conducted to 
repair surfaces or equipment.
    (5) Dry mechanical polishing conducted to restore the original 
finish to a surface.
    (6) Any plating or polishing process that uses process materials 
that contain

[[Page 57920]]

cadmium, chromium, lead, or nickel (as the metal) in amounts less than 
0.1 percent by weight, or that contain manganese in amounts less than 
1.0 percent by weight (as the metal), as used. Information used to 
determine the amount of plating and polishing metal HAP in materials 
used in the plating or polishing process may include information 
reported on the Material Safety Data Sheet for the material, but is not 
required. For plating or polishing tanks, the HAP content may be 
determined from the final bath contents ``as used'' to plate or to 
polish.
* * * * *

0
4. Section 63.11507 is amended as follows:
0
a. By revising paragraph (a)(1) introductory text;
0
b. By revising paragraph (a)(1)(ii);
0
c. By revising paragraph (d)(1);
0
d. By revising paragraph (e);
0
e. By revising paragraph (f)(1); and
0
f. By revising paragraph (f)(2) to read as follows:


Sec.  63.11507  What are my standards and management practices?

    (a) * * *
    (1) You must use a wetting agent/fume suppressant in the bath of 
the affected tank, as defined in Sec.  63.11511, ``What definitions 
apply to this subpart?'' and according to paragraphs (a)(1)(i) through 
(iii) of this section.
* * * * *
    (ii) You must add wetting agent/fume suppressant in proportion to 
the other bath chemistry ingredients that are added to replenish the 
bath, as in the original make-up of the bath, or in proportions such 
that the bath contents are returned to that of the original make-up of 
the bath.
    (d) * * *
    (1) You must measure and record the pH of the bath upon startup of 
the bath, as defined in Sec.  63.11511, ``What definitions apply to 
this subpart?'' No additional pH measurements are required.
* * * * *
    (e) If you own or operate an affected new or existing dry 
mechanical polishing machine that emits one or more of the plating and 
polishing metal HAP, you must operate a capture system that captures 
particulate matter (PM) emissions from the dry mechanical polishing 
process and transports the emissions to a cartridge, fabric, or high 
efficiency particulate air (HEPA) filter, according to paragraphs 
(e)(1) and (2) of this section.
* * * * *
    (f) * * *
    (1) For existing permanent thermal spraying operations, you must 
operate a capture system that collects PM emissions from the thermal 
spraying process and transports the emissions to a water curtain, 
fabric filter, cartridge, or HEPA filter, according to paragraphs 
(f)(1)(i) and (ii) of this section.
* * * * *
    (2) For new permanent thermal spraying operations, you must operate 
a capture system that collects PM emissions from the thermal spraying 
process and transports the emissions to a fabric, cartridge, or HEPA 
filter, according to paragraphs (f)(2)(i) and (ii) of this section.
* * * * *

0
5. Section 63.11508 is amended as follows:
0
a. By revising paragraph (c)(3) introductory text;
0
b. By revising paragraph (c)(4) introductory text;
0
c. By revising paragraph (c)(5) introductory text;
0
d. By revising paragraph (c)(6) introductory text;
0
e. By revising paragraph (c)(7)(i);
0
f. By revising paragraph (c)(9)(i);
0
g. By revising paragraph (c)(10)(i);
0
h. By revising paragraph (d)(3)(ii) introductory text;
0
i. By revising paragraph (d)(3)(ii)(A);
0
j. By revising paragraph (d)(5) introductory text;
0
k. By revising paragraph (d)(6) introductory text; and
0
l. By revising paragraph (d)(7) introductory text to read as follows:


Sec.  63.11508  What are my compliance requirements?

* * * * *
    (c) * * *
    (3) If you own or operate an affected batch electrolytic process 
tank, as defined in Sec.  63.11511, ``What definitions apply to this 
subpart?'' that contains one or more of the plating and polishing metal 
HAP and which is subject to the requirements in Sec.  63.11507(a), 
``What are my standards and management practices?'' and you use a tank 
cover, as defined in Sec.  63.11511, to comply with Sec.  11507(a), (b) 
or (c) of this subpart, you must demonstrate initial compliance 
according to paragraphs (c)(3)(i) through (iv) of this section.
* * * * *
    (4) If you own or operate an affected continuous electrolytic 
process tank, as defined in Sec.  63.11511, ``What definitions apply to 
this subpart?'' that contains one or more of the plating and polishing 
metal HAP and is subject to the requirements in Sec.  63.11507(a), 
``What are my standards and management practices?'' and you cover the 
tank surface to comply with Sec.  11507(a), (b) or (c) of this subpart, 
you must demonstrate initial compliance according to paragraphs 
(c)(4)(i) through (iv) of this section.
* * * * *
    (5) If you own or operate an affected flash or short-term 
electroplating tank that contains one or more of the plating and 
polishing metal HAP and is subject to the requirements in Sec.  
63.11507(b), ``What are my standards and management practices?'' and 
you comply with Sec.  11507(a), (b) or (c) of this subpart by limiting 
the plating time of the affected tank, you must demonstrate initial 
compliance according to paragraphs (c)(5)(i) through (iii) of this 
section.
* * * * *
    (6) If you own or operate an affected flash or short-term 
electroplating tank that contains one or more of the plating and 
polishing metal HAP and is subject to the requirements in Sec.  
63.11507(b), ``What are my standards and management practices?'' and 
you comply with Sec.  11507(a), (b) or (c) of this subpart by operating 
the affected tank with a cover, you must demonstrate initial compliance 
according to paragraphs (c)(6)(i) through (iv) of this section.
* * * * *
    (7) * * *
    (i) You must report in your Notification of Compliance Status the 
pH of the bath solution that was measured at startup, as defined in 
Sec.  63.11511, according to the requirements of Sec.  63.11507(d)(1).
* * * * *
    (9) * * *
    (i) You must install a control system that is designed to capture 
PM emissions from the thermal spraying operation and exhaust them to a 
water curtain, or a cartridge, fabric, or HEPA filter.
* * * * *
    (10) * * *
    (i) You must install and operate a control system that is designed 
to capture PM emissions from the thermal spraying operation and exhaust 
them to a cartridge, fabric, or HEPA filter.
* * * * *
    (d) * * *
    (3) * * *
    (ii) For tanks where the wetting agent/fume suppressant is a 
separate ingredient from the other tank additives, you must demonstrate 
continuous compliance according to paragraphs (d)(3)(ii) (A) and (B) 
this section.
    (A) You must add wetting agent/fume suppressant in proportion to 
the other

[[Page 57921]]

bath chemistry ingredients that are added to replenish the tank bath, 
as in the original make-up of the tank; or in proportion such that the 
bath is brought back to the original make-up of the tank.
* * * * *
    (5) If you own or operate an affected flash or short-term 
electroplating tank that contains one or more of the plating and 
polishing metal HAP and is subject to the requirements in Sec.  
63.11507(b), ``What are my standards and management practices?'' and 
you comply with Sec.  11507(a), (b) or (c) of this subpart by limiting 
the plating time for the affected tank, you must demonstrate continuous 
compliance according to paragraphs (d)(5)(i) through (iii) of this 
section.
* * * * *
    (6) If you own or operate an affected batch electrolytic process 
tank that contains one or more of the plating and polishing metal HAP 
and is subject to the requirements of Sec.  63.11507(a), ``What are my 
standards and management practices?'' or a flash or short-term 
electroplating tank that contains one or more of the plating and 
polishing metal HAP and is subject to the requirements in Sec.  
63.11507(b), and you comply with Sec.  11507(a), (b) or (c) of this 
section by operating the affected tank with a cover, you must 
demonstrate continuous compliance according to paragraphs (d)(6)(i) 
through (iii) of this section.
* * * * *
    (7) If you own or operate an affected continuous electrolytic 
process tank that contains one or more of the plating and polishing 
metal HAP and is subject to the requirements in Sec.  63.11507(a), 
``What are my standards and management practices?'' and you comply with 
Sec.  11507(a), (b) or (c) of this subpart by operating the affected 
tank with a cover, you must demonstrate continuous compliance according 
to paragraphs (d)(7)(i) and (ii) of this section.
* * * * *

0
6. Section 63.11509 is amended as follows:
0
a. By revising paragraph (a)(4);
0
b. By revising paragraph (b) introductory text;
0
c. By adding new paragraph (b)(3);
0
d. By revising paragraph (c)(3);
0
e. By revising paragraph (c)(4);
0
f. By revising paragraph (c)(5); and
0
g. By revising paragraph (c)(6) to read as follows:


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

    (a) * * *
    (4) If you startup your new affected source after July 1, 2008, you 
must submit an Initial Notification when you become subject to this 
subpart.
    (b) If you own or operate an affected source, you must submit a 
Notification of Compliance Status in accordance with paragraphs (b)(1) 
through (3) of this section.
* * * * *
    (3) If a facility makes a change to any items in (b)(2)(i), iii, 
and (iv) of this section that does not result in a deviation, an 
amended Notification of Compliance Status should be submitted within 30 
days of the change.
    (c) * * *
    (3) If you own or operate an affected flash or short-term 
electroplating tank that is subject to the requirements in Sec.  
63.11507(b), ``What are my standards and management practices?'' and 
you comply with Sec.  11507(a), (b) or (c) of this subpart by limiting 
the plating time of the affected tank, you must state in your annual 
compliance certification that you have limited short-term or flash 
electroplating to no more than 1 cumulative hour per day or 3 
cumulative minutes per hour of plating time.
    (4) If you own or operate an affected batch electrolytic process 
tank that is subject to the requirements of Sec.  63.11507(a) or a 
flash or short-term electroplating tank that is subject to the 
requirements in Sec.  63.11507(b), ``What are my standards and 
management practices?'' and you comply with Sec.  11507(a), (b) or (c) 
of this subpart by operating the affected tank with a cover, you must 
state in your annual certification that you have operated the tank with 
the cover in place at least 95 percent of the electrolytic process 
time.
    (5) If you own or operate an affected continuous electrolytic 
process tank that is subject to the requirements of Sec.  63.11507(a), 
``What are my standards and management practices?'' and you comply with 
Sec.  11507(a), (b) or (c) of this subpart by operating the affected 
tank with a cover, you must state in your annual certification that you 
have covered at least 75 percent of the surface area of the tank during 
all periods of electrolytic process operation.
    (6) If you own or operate an affected tank or other affected 
plating and polishing operation that is subject to the management 
practices specified in Sec.  63.11507(g), ``What are my standards and 
management practices?'' you must state in your annual compliance 
certification that you have implemented the applicable management 
practices, as practicable.
* * * * *

0
7. Section 63.11511 is amended by:
0
a. Adding, in alphabetical order, new definitions of ``bench-scale,'' 
``conversion coatings,'' ``filters,'' ``major facility for HAP,'' 
``maintenance,'' ``metal HAP content of material used in plating and 
polishing,'' ``repair,'' and ``startup of the tank bath''; and
0
b. Revising the definitions of ``bath,'' ``dry mechanical polishing,'' 
``electropolishing,'' ``fabric filter,'' ``flash electroplating,'' 
``metal coating operation,'' ``non-electrolytic plating,'' ``plating 
and polishing facility,'' ``plating and polishing metal HAP,'' 
``plating and polishing process tanks,'' and ``thermal spraying.''


Sec.  63.11511  What definitions apply to this subpart?

* * * * *
    Bath means the liquid contents of a tank, as defined in this 
section, which is used for electroplating, electroforming, 
electropolishing, or other metal coating processes at a plating and 
polishing facility.
    Bench-scale means any operation that is small enough to be 
performed on a bench, table, or similar structure so that the equipment 
is not directly contacting the floor.
* * * * *
    Conversion coatings are coatings that form a hard metal finish on 
an object when the object is submerged in a tank bath or solution that 
contains the conversion coatings. Conversion coatings for the purposes 
of this rule include coatings composed of chromium, as well as the 
other plating and polishing metal HAP, where no electrical current is 
used.
* * * * *
    Dry mechanical polishing means a process used for removing defects 
from and smoothing the surface of finished metals and formed products 
after plating or thermal spraying with any of the plating and polishing 
metal HAP, as defined in this section, using automatic or manually-
operated machines that have hard-faced abrasive wheels or belts and 
where no liquids or fluids are used to trap the removed metal 
particles. The affected process does not include polishing with use of 
pastes, liquids, lubricants, or any other added materials.
* * * * *
    Electropolishing means an electrolytic process performed in a tank 
after plating that uses or emits any of the plating and polishing metal 
HAP, as defined in this section, in which a work piece is attached to 
an anode immersed in a bath, and the metal substrate is dissolved 
electrolytically, thereby removing the surface contaminant;

[[Page 57922]]

electropolishing is also called electrolytic polishing. For the 
purposes of this subpart, electropolishing does not include bench-scale 
operations.
    Fabric filter means a type of control device used for collecting PM 
by filtering a process exhaust stream through a filter or filter media. 
A fabric filter is also known as a baghouse.
    Filters, for the purposes of this part, include cartridge, fabric, 
or HEPA filters, as defined in this section.
    Flash electroplating means an electrolytic process performed in a 
tank that uses or emits any of the plating and polishing metal HAP, as 
defined in this section, and that is used no more than 3 cumulative 
minutes per hour or no more than 1 cumulative hour per day.
* * * * *
    Maintenance is any process at a plating and polishing facility that 
is performed to keep the process equipment or the facility operating 
properly and is not performed on items to be sold as products.
    Major facility for HAP is any facility that emits greater than 10 
tpy of any HAP, or that emits a combined total of all HAP of over 25 
tpy, where the HAP used to determine the total facility emissions are 
not restricted to only plating and polishing metal HAP or from only 
plating and polishing operations.
* * * * *
    Metal coating operation means any process performed either in a 
tank that contains liquids or as part of a thermal spraying operation, 
that applies one or more plating and polishing metal HAP, as defined in 
this section, to the surface of parts and products used in 
manufacturing. These processes include but are not limited to: non-
chromium electroplating; electroforming; electropolishing; non-
electrolytic metal coating processes, such as chromate conversion 
coating, electroless nickel plating, nickel acetate sealing, sodium 
dichromate sealing, and manganese phosphate coating; and thermal or 
flame spraying.
    Metal HAP content of material used in plating and polishing is the 
HAP content as determined from an analysis or engineering estimate of 
the HAP contents of the tank bath or solution, in the case of plating, 
metal coating, or electropolishing; or the HAP content of the metal 
coating being applied in the case of thermal spraying. Safety data 
sheet (SDS) information may be used in lieu of testing or engineering 
estimates but is not required to be used.
* * * * *
    Non-electrolytic plating means a process that uses or emits any of 
the plating and polishing metal HAP, as defined in this section, in 
which metallic ions in a plating bath or solution are reduced to form a 
metal coating at the surface of a catalytic substrate without the use 
of external electrical energy. Non-electrolytic plating is also called 
electroless plating. Examples include chromate conversion coating, 
nickel acetate sealing, electroless nickel plating, sodium dichromate 
sealing, and manganese phosphate coating.
* * * * *
    Plating and polishing facility means a facility engaged in one or 
more of the following processes that uses or emits any of the plating 
and polishing metal HAP, as defined in this section: electroplating 
processes other than chromium electroplating (i.e., non-chromium 
electroplating); electroless plating; other non-electrolytic metal 
coating processes performed in a tank, such as chromate conversion 
coating, nickel acetate sealing, sodium dichromate sealing, and 
manganese phosphate coating; thermal spraying; and the dry mechanical 
polishing of finished metals and formed products after plating or 
thermal spraying. Plating is performed in a tank or thermally sprayed 
so that a metal coating is irreversibly applied to an object. Plating 
and polishing does not include any bench-scale processes.
    Plating and polishing metal HAP means any compound of any of the 
following metals: cadmium, chromium, lead, manganese, and nickel, or 
any of these metals in the elemental form, with the exception of lead. 
Any material that does not contain cadmium, chromium, lead, or nickel 
in amounts greater than or equal to 0.1 percent by weight (as the 
metal), and does not contain manganese in amounts greater than or equal 
to 1.0 percent by weight (as the metal), as reported on the Material 
Safety Data Sheet for the material, is not considered to be a plating 
and polishing metal HAP.
    Plating and polishing process tanks means any tank in which a 
process is performed at an affected plating and polishing facility that 
uses or has the potential to emit any of the plating and polishing 
metal HAP, as defined in this section. The processes performed in 
plating and polishing tanks include the following: electroplating 
processes other than chromium electroplating (i.e., non-chromium 
electroplating) performed in a tank; electroless plating; and non-
electrolytic metal coating processes, such as chromate conversion 
coating, nickel acetate sealing, sodium dichromate sealing, and 
manganese phosphate coating; and electropolishing. This term does not 
include tanks containing solutions that are used to clean, rinse or 
wash parts prior to placing the parts in a plating and polishing 
process tank, or subsequent to removing the parts from a plating and 
polishing process tank. This term also does not include any bench-scale 
operations.
* * * * *
    Repair means any process used to return a finished object or tool 
back to its original function or shape.
* * * * *
    Startup of the tank bath is when the components or relative 
proportions of the various components in the bath have been altered 
from the most recent operating period. Startup of the bath does not 
include events where only the tank's heating or agitation and other 
mechanical operations are turned back on after being turned off for a 
period of time.
* * * * *
    Thermal spraying (also referred to as metal spraying or flame 
spraying) is a process that uses or emits any of the plating and 
polishing metal HAP, as defined in this section, in which a metallic 
coating is applied by projecting heated, molten, or semi-molten metal 
particles onto a substrate. Commonly-used thermal spraying methods 
include high velocity oxy-fuel (HVOF) spraying, flame spraying, 
electric arc spraying, plasma arc spraying, and detonation gun 
spraying. This operation does not include spray painting at ambient 
temperatures.

0
8. Table 1 to Subart WWWWWW of Part 63 is revised to read as follows:

     Table 1 to Subpart WWWWWW of Part 63--Applicability of General
            Provisions to Plating and Polishing Area Sources
------------------------------------------------------------------------
                Citation                             Subject
------------------------------------------------------------------------
63.1\1\................................  Applicability.
63.2...................................  Definitions.
63.3...................................  Units and abbreviations.

[[Page 57923]]

 
63.4...................................  Prohibited activities.
63.6(a), (b)(1)-(b)(5), (c)(1), (c)(2),  Compliance with standards and
 (c)(5), and (j).                         maintenance requirements.
63.10(a), (b)(1), (b)(2)(i)-(iii),       Recordkeeping and reporting.
 (xiv), (b)(3), (d)(1), (f).
63.12..................................  State authority and
                                          delegations.
63.13..................................  Addresses of State air
                                          pollution control agencies and
                                          EPA regional offices.
63.14..................................  Incorporation by reference.
63.15..................................  Availability of information and
                                          confidentiality.
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\1\ Section 63.11505(e), ``What parts of my plant does this subpart
  cover?'', exempts affected sources from the obligation to obtain title
  V operating permits.

[FR Doc. 2011-23806 Filed 9-16-11; 8:45 am]
BILLING CODE 6560-50-P


