Cal. Code Regs. tit. 17 § 93102.3

Current through Register 2024 Notice Reg. No. 36, September 6, 2024
Section 93102.3 - Definitions
(a) For the purposes of this ATCM, the following definitions shall apply:
(1)"Add-on Air Pollution Control Device" means equipment installed in the ventilation system of Tier II Tank(s), Tier III Tank(s), or other chromium containing Tank(s) for the purposes of collecting and containing chromium emissions from the Tank(s). Add-on Air Pollution Control Devices include, but are not limited to HEPA Filters, Composite Mesh-Pad Systems, and Packed Bed Scrubbers.
(2)"Airlock System" means a transitional space that has two doors that separate a Building Enclosure from the Exterior. The two doors shall be interlocked in series to avoid being opened at the same time. The transitional space shall be ventilated with filtered supply air that is returned into the Building Enclosure.
(3)"Air Pollution Control Technique" means any method, such as an Add-on Air Pollution Control Device, Mechanical Fume Suppressant, or a Chemical Fume Suppressant, that is used to reduce chromium emissions from Chrome Plating Tanks.
(4)"Ampere-Hours" or "Amp-Hr" means the electrical current applied to a Chrome Plating Tank (amperes) over a period of time (hours).
(5)"Annual Permitted Ampere-Hours" means the maximum allowable Chrome Plating rectifier production in Ampere-Hours, on an annual basis as specified in the District's Permit to Operate for the Facility.
(6)"Area Source" means any stationary Source of hazardous air pollutants that is not a Major Source.
(7)"Approved Cleaning Method" means cleaning using one of the methods listed in subsections (A) through (E). The District may approve of the use of an alternative cleaning method that is as effective as one of the methods listed in subsections (A) through (E).
(A) A wet mop;
(B) Damp cloth;
(C) Wet wash;
(D) Low Pressure Spray Nozzle; or
(E) HEPA Vacuum.
(8)"Associated Process Tank" means any Tank in the process line of a Tier I, Tier II, or Tier III Hexavalent Chromium Tank that is not a Tier I, Tier II, or Tier III Hexavalent Chromium Tank. Associated Process Tanks may contain Hexavalent Chromium at levels below those of Tier I Tanks.
(9)"Base Material" means the part that is dipped in the Chrome Plating Tank for the purposes of Chrome Plating.
(10)"Barrier" means a physical divider that can be fixed or portable (e.g. a wall, welding screen, plastic strip curtains).
(11)"Bath Component" means the chemical composition or trade or brand name of each chemical component in the Chrome Plating Bath.
(12)"Breach" means any opening in a Building Enclosure that allows air to escape to the Exterior and is not a Building Enclosure Opening.
(13)"Breakdown" means an unforeseeable impairment of air pollution control equipment or related operating equipment which causes a violation of any Emission Limitation or restriction prescribed by a District's rule or by State law and which:
(A) Is not the result of neglect or disregard of any air pollution control law, rule, or regulation;
(B) Is not intentional or the result of negligence, or improper maintenance;
(C) Is not a recurrent Breakdown of the same equipment; and,
(D) Does not constitute a nuisance pursuant to section 41700 of the California Health and Safety Code.
(14)"Building Enclosure" means a permanent building or physical structure, or portion of a building, enclosed with a floor, walls, and a ceiling or roof that is enclosed such that airflow is limited from the enclosure to the Exterior. This can include the enclosed portion of the building itself or an enclosure within a building that is enclosed such that airflow is limited from the enclosure to the rest of the building. The Building Enclosure may have limited Building Enclosure Openings to allow access for people, vehicles, equipment, or parts.
(15)"Building Enclosure Envelope" means the walls, ceiling, and floor that make up a Building Enclosure.
(16)"Building Enclosure Opening" means any opening that is designed to be part of a Building Enclosure, such as doorways, bay doors, vents, roof openings, and windows. The term excludes openings that are designed to accommodate and generally conform to an exhaust stack or duct for a Building Enclosure.
(17)"CARB" means the California Air Resources Board.
(18)"Chemical Fume Suppressant" means any chemical agent that reduces or suppresses fumes or mists at the surface of a Chrome Plating Bath; another term for fume suppressant is mist suppressant.
(19)"Chrome Plating" means Decorative Chrome Plating, Hard Chrome Plating, and Chromic Acid Anodizing.
(20)"Chrome Plating Bath" or "Bath" or means the electrolytic solution used as the conducting medium in which the flow of current is accompanied by movement of metal ions for the purpose of electrodeposition of metal out of solution onto a Base Material or for oxidizing the Base Material during the Chrome Plating process.
(21)"Chrome Plating Kit" means a kit of materials that allows individual consumers to perform Chrome Plating. The kit typically includes a Bath, a receptacle where the Base Material can be placed in the Bath, and an anode.
(22)"Chrome Plating Operation" means the process of performing Chrome Plating.
(23)"Chrome Plating Tank" means the Tier III Tank in which Chrome Plating occurs, along with the accompanying internal and external Tank components needed for Chrome Plating. These Tank components include, but are not limited to, rectifiers fitted with controls to allow for voltage adjustments, heat exchanger equipment, and circulation pumps.
(24)"Chromic Acid" means the common name under which chromium trioxide (CrO3) is sold. Chromic Acid, which typically is used in powder or flake form, is added to the Bath to provide Hexavalent Chromium to the solution.
(25)"Chromic Acid Anodizing" means the electrolytic process by which an oxide layer is produced on the surface of a Base Material for functional purposes (e.g. corrosion resistance or electrical insulation) using a Chromic Acid solution. In Chromic Acid Anodizing, the part to be anodized acts as the anode in the electrical circuit, and the Chromic Acid solution, with a concentration typically ranging from 50 to 100 grams per liter (g/L), serves as the electrolyte.
(26)"Chromic Acid Mist" means fine droplets of Chromic Acid formed during Chrome Plating Operations and emitted from the Chrome Plating Tank.
(27)"Composite Mesh-Pad System" or "CMP" means an Add-on Air Pollution Control Device typically consisting of several mesh-pad stages to remove particles.
(28)"Continuous Passivation" means a Functional Chrome Plating process by which a Base Material is passed continuously through an electrolytic Hexavalent Chromium solution as part of an automated process for the purpose of creating a chemically inert surface on the Base Material.
(29)"Daily" means at least once every calendar day that the Facility is operating.
(30)"Decorative Chrome Plating" means the process by which a thin layer of chromium (typically 0.003 to 2.5 micrometers) is electrodeposited on a Base Material to provide a bright surface with wear and tarnish resistance. In this process, the Base Material serves as the cathode in the electrolytic cell and the solution serves as the electrolyte. Typical current density applied during this process ranges from 540 to 2,400 Amperes per square meter (Amp/m2) for total plating times ranging between 0.5 to 5 minutes.
(31)"District" means the local air pollution control or air quality management district.
(32)"Dragout" means fluid containing Hexavalent Chromium that adheres to parts when they are removed from a Tank.
(33)"Emission Limitation" means:
(A) For Trivalent Chromium Plating, the concentration of total chromium allowed to be emitted expressed in milligrams per dry standard cubic meter (mg/dscm).
(B) For Hexavalent Chromium Plating, the allowable Surface Tension expressed in dynes per centimeter (dynes/cm) or the milligrams of Hexavalent Chromium per Ampere-Hour (mg/Amp-Hr) of electrical charge applied to the Chrome Plating Tank, or the concentration of Hexavalent Chromium allowed to be emitted expressed in milligrams per dry standard cubic meter (mg/dscm).
(34)"Enclosed Hexavalent Chromium Plating Tank" means a Chrome Plating Tank using a Hexavalent Chromium solution that is equipped with an enclosing hood and ventilated as specified by the manufacturer.
(35)"Enclosed Storage Area" means any space or structure used to contain material that prevents its contents from being emitted into the atmosphere. This includes cabinets, closets, or sheds designated for storage.
(36)"Enforceable" means emission reductions that are Real, Quantifiable, and Verifiable such that CARB or the District has authority to hold a particular party or parties liable and to take enforcement action if the emission reductions claimed are not achieved.
(37)"Executive Officer" means the Executive Officer of CARB, or his or her delegate.
(38)"Existing Facility" means a Facility that is in operation before January 1, 2024.
(39)"Exterior" means any area outside of the Building Enclosure.
(40)"Facility" means the Major or Area Source at which Chrome Plating is performed, including any Source or group of Sources or other contaminant-emitting activities which are located on one or more contiguous properties within the District's jurisdiction, in actual physical contact or separated solely by a public roadway or other public right-of-way, and are owned or operated by the same Person (or by Persons under common control), or an outer continental shelf (OCS) source as determined in 40 Code of Federal Regulations section 55.2, as last amended September 2, 1997.
(41)"Fiber-Bed Mist Eliminator" means an Add-on Air Pollution Control Device that removes particles from a gas stream through the mechanisms of inertial impaction and Brownian diffusion.
(42)"Foam Blanket" means the type of Chemical Fume Suppressant that generates a layer of foam across the surface of a solution when current is applied to that solution. A Foam Blanket does not lower Surface Tension of a liquid.
(43)"Fresh Water" means water, such as tap water, that has not been previously used in a process operation or, if the water has been recycled from a process operation, it has been treated and meets the effluent guidelines for chromium wastewater.
(44)"Fugitive Dust" means any solid particulate matter that may contain Hexavalent Chromium that has the potential to become airborne by natural or man-made activities. Fugitive Dust does not include particulate matter emitted from an exhaust stack.
(45)"Fugitive Emissions" means any emissions of Hexavalent Chromium that escape to the atmosphere through windows, doors, vents, or other openings, but not through an Add-on Air Pollution Control Device, including Fugitive Dust.
(46)"Functional Chrome Plating" means Hard Chrome Plating and Chromic Acid Anodizing.
(47)"Hard Chrome Plating" means a process by which a thick layer of chromium (typically greater than 1.0 micrometers) is electrodeposited on a Base Material to provide a surface with functional properties such as wear resistance, a low coefficient of friction, hardness, and corrosion resistance. In this process, the Base Material serves as the cathode in the electrolytic cell and the solution serves as the electrolyte. The Hard Chrome Plating process is performed at current densities typically ranging from 1,600 to 6,500 Amp/m2 for total plating times ranging from 20 minutes to 36 hours depending upon the desired plate thickness. This definition also includes Continuous Passivation.
(48)"Hexavalent Chromium" means the form of chromium in a valence state of +6.
(49)"Hexavalent Chromium Containing Tank" means a Tier I Tank, a Tier II Tank, or a Tier III Tank.
(50)"Hexavalent Chromium Plating" means the process used for electrodeposition of a layer of chromium onto a Base Material using a Hexavalent Chromium solution.
(51)"High Efficiency Particulate Arrestor (HEPA) Filter" means filter(s) rated at 99.97 percent or more efficient in collecting particle sizes 0.3 micrometers.
(52)"HEPA Vacuum" means a vacuum that is both designed for the use of and fitted with a HEPA Filter.
(53)"Hourly" means at least once every hour the Facility is operating.
(54)"Initial Start-Up" means the first time a New Facility begins production, the first time a Chrome Plating Tank that has undergone a Modification begins operating at a Modified Facility, or the first time a Trivalent Chromium Plating Tank begins operation. Initial Start-Up does not include operation solely for testing of equipment or subsequent start-up of permit units following malfunction or shutdown.
(55)"Leak" means the release of chromium emissions from any opening in the Tank or the piping or ductwork associated with the Tank or any component associated with the Add-on Air Pollution Control Device.
(56)"Low Pressure Spray Nozzle" means a water spray nozzle capable of regulating water pressure such that it does not exceed 35 pounds per square inch.
(57)"Major Source" means any stationary Source, or group of stationary Sources located within a contiguous area and under common control, that emits, or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant, or 25 tons per year or more of any combination of hazardous air pollutants.
(58)"Mechanical Fume Suppressant" means any device, including but not limited to Polyballs, that reduces fumes or mist at the surfaces of a Chrome Plating Bath by direct contact with the surface of the Bath.
(59)"Modification" means either:
(A) Any physical change in, change in method of operation of, or addition to an existing permit unit that requires an application for an authority to construct and/or operate and results in an increase in Hexavalent Chromium emissions. Routine maintenance and/or repair shall not be considered a physical change. A change in the method of operation of equipment, unless previously limited by an enforceable permit condition, shall not include:
1. An increase in the hours of operation;
2. A change in ownership of a Facility; or
3. An increase in the annual Ampere-Hours, unless such increase will cause a Facility to be subject to a different requirement in Table 93102.4 of section 93102.4.
(B) The addition of any new Chrome Plating Tank at an Existing Facility which increases Hexavalent Chromium emissions; or
(C) The fixed capital cost of the replacement of components exceed 50 percent of the fixed capital cost that would be required to construct a comparable New Facility.
(D) Construction of Building Enclosures required by section 93102.4(d) are not considered Modifications for the purposes of this ATCM.
(E) Changes related to the conversion from Hexavalent Chromium to alternative technology are not considered Modifications for the purposes of this ATCM.
(60)"Modified Facility" means any Facility which has undergone a Modification on or after January 1, 2024.
(61)"Monthly" means at least once every calendar month that the Facility is operating.
(62)"New Facility" means any Facility that begins initial operations on or after January 1, 2024. "New Facility" does not include the installation of a new Chrome Plating Tank at an Existing Facility or the Modification of an Existing Facility.
(63)"Operating Day" means any day during which Chrome Plating Operations take place at a Facility.
(64)"Owner or Operator" means a Person who is the Owner or the Operator of a Facility.
(65)"Packed-Bed Scrubber" or "PBS" means an Add-on Air Pollution Control Device consisting of a single or double packed-bed that contains packing media on which the Chromic Acid droplets impinge.
(66)"Person" shall have the same meaning as defined in Health and Safety Code section 39047.
(67)"PFAS" means per and polyfluoroalkyl substances.
(68)"PFAS Compound" means a compound that contains any PFAS.
(69)"Polyballs" means a Mechanical Fume Suppressant that uses a layer of balls made of plastic or other material to cover a Hexavalent Chromium Containing Tank to reduce the emission of fumes.
(70)"Protected Opening Method" means any of the methods listed below that restricts air from escaping the Building Enclosure. The District may allow for the use of an alternative method that limits air flow to the same extent as would be limited from one of the mechanisms listed in subsections (A)-(D).
(A) Door that automatically closes;
(B) Overlapping plastic strip curtains that cover the entire opening;
(C) Vestibule; or
(D) Airlock System;
(71)"Quantifiable" means reductions in emissions that can be accurately measured and calculated, in a reliable and replicable manner using a methodology specified by CARB or the District to be applicable.
(72)"Quarterly" means once per calendar quarter. Calendar quarters are January through March, April through June, July through September, and October through December.
(73)"Real" means reductions in emissions resulting from a demonstrable action or set of actions.
(74)"Responsible Official" means one of the following:
(A) For a corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other Person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such Person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities and either:
1. The facilities employ more than 250 Persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
2. The delegation of authority to such representative is approved in advance by the District.
(B) For a partnership or sole proprietorship: a general partner or the proprietor, respectively.
(C) For a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g. a Regional Administrator of the U.S. EPA).
(D) For Sources (as defined in this part) applying for or subject to a title V permit: "Responsible Official" shall have the same meaning as defined in 40 Code of Federal Regulations Part 70 or federal title V regulations in this chapter (42 United States Code, section 7401, et seq.), whichever is applicable.
(75)"School" means any public or private school for kindergarten through grade 12 or school readiness program used by more than 12 children, including any building or structure, playground, athletic field, or other area of the property. A school includes juvenile detention facilities with classrooms and learning and development programs funded by the U.S. Department of Education or state or local government, including pre-schools, Early Head Start, Head Start, First Five, and child development centers.
(76)"Sensitive Receptor" means any residence including private homes, condominiums, apartments, and living quarters; education resources such as Schools; daycare centers; and health care facilities such as hospitals or retirement and nursing homes. A Sensitive Receptor includes long-term care hospitals, hospices, prisons, and dormitories or similar live-in housing.
(77)"Site-Specific Risk Analysis" means a health risk assessment specific to a Chrome Plating Operation which presents the potential carcinogenic and noncarcinogenic health impacts to individuals and populations according to the District's procedures.
(78)"Source" means any Chrome Plating Operation and any equipment or materials associated with the selected Air Pollution Control Technique.
(79)"Source Test" means an emissions test of chromium containing tank(s) conducted for the purpose of demonstrating compliance with an applicable Emission Limitation in accordance with the requirements of section 93102.7.
(80)"Stalagmometer" means an instrument used to measure the Surface Tension of a solution by determining the mass of a drop of liquid by weighing a known number of drops or by counting the number of drops obtained from a given volume of liquid.
(81)"Surface Tension" means the property, due to molecular forces, that exists in the surface film of all liquids and tends to prevent liquid from spreading.
(82)"Tank" means the structure or receptacle containing the Chrome Plating Bath or other liquid solution used in a Tier I Tank, Tier II Tank, Tier III Tank, or Associated Process Tank.
(83)"Tank Operation" means the time in which current and/or voltage is being applied to a Chrome Plating Tank.
(84)"Tank Process Area" means the area in the Facility within 15 feet of any Tier I, Tier II, or Tier III Hexavalent Chromium Tank(s), or to the nearest wall of a Building Enclosure, whichever is closer.
(85)"Tensiometer" means an instrument used to measure the Surface Tension of a solution by determining the amount of force needed to pull a ring from the liquid surface. The amount of force is proportional to the Surface Tension.
(86)"Tier I Hexavalent Chromium Containing Tank" or "Tier I Tank" means a Tank containing a Hexavalent Chromium concentration of 1,000 parts per million (ppm) or greater and that is not a Tier II or Tier III Hexavalent Chromium Tank.
(87)"Tier II Hexavalent Chromium Containing Tank" or "Tier II Tank" means a Tank that is operated within the range of temperatures and corresponding Hexavalent Chromium concentrations specified in Appendix 9 and that is not a Tier III Hexavalent Chromium Tank.
(88)"Tier III Hexavalent Chromium Containing Tank" or "Tier III Tank" means a Tank that:
(A) Is operated within the range of temperatures and corresponding Hexavalent Chromium concentrations specified in Appendix 9;
(B) Contains a Hexavalent Chromium concentration greater than 1,000 ppm, and uses air sparging as an agitation method or is electrolytic; or
(C) Is a Chrome Plating Tank that contains Hexavalent Chromium.
(89)"Trivalent Chromium" means the form of chromium in a valence state of +3.
(90)"Trivalent Chromium Plating" means the process used for electrodeposition of a layer of chromium onto a Base Material using a Trivalent Chromium solution instead of a Hexavalent Chromium solution.
(91)"Verifiable" means claims of emission reductions that can be accurately, truthfully documented, and transparent such that CARB or the District can objectively review and reproduce such claims.
(92)"Vestibule" means an antechamber, hall, or room that connects a door leading to the Exterior with a door leading to the rest of the building.
(93)"Weekly" means at least once every seven calendar days that the Facility is operating.
(94)"Wetting Agent" means the type of Chemical Fume Suppressant that reduces the Surface Tension of a liquid.

Cal. Code Regs. Tit. 17, § 93102.3

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659 and 39666, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39665 and 39666, Health and Safety Code; and 40 Code of Federal Regulations Part 63 Subpart N.

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659 and 39666, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39665 and 39666, Health and Safety Code; and 40 CFR Part 63 Subpart N.

1. Renumbering and amendment of former subsection 93102(b) and its subdivisions to new section 93102.3 filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
2. Amendment of section and NOTE filed 12-28-2023; operative 1/1/2024 pursuant to Government Code section 11343.4 (Register 2023, No. 52).