Section 93102.4 - Requirements for Chrome Plating Facilities that Use Hexavalent ChromiumThis section sets forth requirements that apply to all Facilities using Hexavalent Chromium for Chrome Plating Operations.
(a) No Person shall construct or operate a New Facility that uses Hexavalent Chromium for the purposes of Chrome Plating after January 1, 2024.(b)Phase out that applies to all Existing Facilities that use Hexavalent Chromium.(1)Decorative Chrome Plating. No Person shall use any Hexavalent Chromium for the purposes of Decorative Chrome Plating in California after January 1, 2027, unless they elect to comply with the alternative phase out pathway requirements set forth in subsection (b)(1)(A).(A) Facilities that elect to continue using Hexavalent Chromium for the purposes of Decorative Chrome Plating after January 1, 2027, shall submit a notification to the District as required by Appendix 1 by January 1, 2025, indicating that they are electing to pursue the alternative phase out pathway. Facilities that elect to comply with the alternative phase out pathway must comply with the Building Enclosure requirements set forth in subsection (d) starting on January 1, 2026, and shall not use any Hexavalent Chromium for the purposes of Decorative Chrome Plating in California after January 1, 2030.(2) The District may grant an extension of up to one year to subsection (b)(1) or (b)(1)(A) if the District determines that the Facility needs more time to procure or install equipment or to complete the permitting or construction necessary to transition to technology that does not use Hexavalent Chromium.(A) If the Owner or Operator elects to request an extension to the Decorative Chrome Plating phase out, they shall submit a request to the District as required by Appendix 1 by October 1, 2026, or by October 1, 2029, for Facilities that elect to comply with the alternative phase out pathway in subsection (b)(1)(A). The request shall demonstrate that the extension is necessary for one or more of the following reasons that are beyond the Owner or Operator's control: 1. The procurement of equipment necessary to replace Hexavalent Chromium is delayed.2. The installation of equipment necessary to replace Hexavalent Chromium is delayed.3. The District has not issued the authority to construct in time for the Facility to complete construction necessary to transition to technology that does not use Hexavalent Chromium by January 1, 2027, or by January 1, 2030, for Facilities that elect to comply with the alternative phase out pathway pursuant to subsection (b)(1)(A).4. The Facility needs more time to complete construction necessary to transition to technology that does not use Hexavalent Chromium.(B) The request shall include the following, as applicable: 1. A request submitted pursuant to subsection (b)(2)(A)1. shall provide a justification explaining what equipment is delayed, why that equipment is necessary to replace Hexavalent Chromium, the reason for the delay, and the anticipated length of the delay. The request shall also include documentation demonstrating this information, such as a statement from the shipper or equipment supplier explaining the delay.2. A request submitted pursuant to subsection (b)(2)(A)2. shall provide a justification explaining what equipment is delayed, why that equipment is necessary to replace Hexavalent Chromium, why the installation of that equipment is delayed, and the anticipated length of the delay. The request shall also include documentation substantiating the delay, such as a statement from the Facility regarding the inability to hire a suitable contractor or a statement from the contractor explaining why work was not able to be completed as scheduled.3. A request submitted pursuant to subsection (b)(2)(A)3. shall provide documentation demonstrating that the Owner or Operator applied for an authority to construct for equipment necessary to convert to alternative(s) to Hexavalent Chromium to the District and that the application was deemed complete by the District prior to January 1, 2026, or prior to January 1, 2029, for Facilities that elect to comply with the alternative phase out pathway pursuant to subsection (b)(1)(A).4. A request submitted pursuant to subsection (b)(2)(A)4. shall explain why the Facility needs more time to complete construction necessary to transition to technology that does not use Hexavalent Chromium and the anticipated timeline for completing the construction. The request shall also include documentation that substantiates these claims.(C) If the Owner or Operator submits a request that does not contain the information and documentation required by subsection (b)(2)(B), the District shall issue a notice of deficiency to the Owner or Operator in writing identifying the deficiency within 30 calendar days of the submittal of the request. The Owner or Operator shall submit a request as required by Appendix 1 that corrects these deficiencies within 30 calendar days of the issuance of the notice of deficiency or its request will be denied.(D) The District shall approve the request if all the requirements listed in subsections 1. through 4. below are met. The District shall issue a notice of approval to the Owner or Operator in writing within 30 calendar days of the submittal of a complete request. The notice of approval shall specify the date when the extension expires, which can be up to one year after January 1, 2027, or January 1, 2030, for Facilities that elect to comply with the alternative phase out pathway pursuant to subsection (b)(1)(A). The District shall base the duration of the extension granted by the approval on the additional time the request demonstrates is needed to complete the transition.1. The request was submitted as required by subsection (b)(2)(A);2. The request contains the information and documentation required by subsection (b)(2)(B);3. The request demonstrates that the extension requested is necessary for one of the reasons listed in subsection (b)(2)(A)1. through 4.; and4. The request demonstrates that the delay is for reasons that are beyond the Owner or Operator's control.(E) The District shall issue a notice of denial to the Owner or Operator in writing within 30 calendar days of the submittal of a complete request if any of the following apply:1. The request was not submitted as required by subsection (b)(2)(A).2. The request does not demonstrate that additional time is necessary for one of the reasons listed in subsection (b)(2)(A)1. through 4.3. The request does not demonstrate that the delay is for reasons that are beyond the Owner or Operator's control.(3)Functional Chrome Plating. No Person shall use any Hexavalent Chromium for the purposes of Functional Chrome Plating in California after January 1, 2039. (A)Technology Reviews. CARB shall conduct two technology reviews that evaluate the development of technologies to replace Hexavalent Chromium in Hard Chrome Plating and Chromic Acid Anodizing operations. Each technology review shall include a summary of the status of the development and availability of alternative technologies. 1. CARB staff will complete first technology review by January 1, 2032, and the second technology review by January 1, 2036.(c) Limits that apply to all Chrome Plating Tanks that use Hexavalent Chromium.(1) During Tank(s) Operation, each Owner or Operator shall control Hexavalent Chromium emissions from all Chrome Plating Tank(s) that use Hexavalent Chromium by meeting the requirements identified in the table below. (A) Subsection (c)(1) shall apply until January 1, 2026, to Chrome Plating Tanks used for the purposes of Functional Chrome Plating.(B) Subsection (c)(1) shall apply to Chrome Plating Tanks used for the purposes of Decorative Chrome Plating. Table 93102.4: Hexavalent Chromium Emission Limitation for Chrome Plating Tanks
| Sensitive Receptor Distance1 | Annual Permitted Ampere-Hours | Emission Limitation |
| | |
| [LESS THAN EQUAL TO] 330 feet | [LESS THAN EQUAL TO] 20,000 | Use Chemical Fume Suppressants as specified in section 93102.82 |
| | |
| [LESS THAN EQUAL TO] 330 feet | > 20,000 and [LESS THAN EQUAL TO] 200,000 | 0.0015 milligrams/Ampere-Hour as measured after Add-on Air Pollution Control Device(s) |
| | |
| [LESS THAN EQUAL TO] 330 feet | > 200,000 | 0.0015 milligrams/Ampere-Hour as measured after Add-on Air Pollution Control Device(s) 3 |
| | |
| > 330 feet | [LESS THAN EQUAL TO] 50,000 | Use Chemical Fume Suppressants as specified in section 93102.82 |
| | |
| > 330 feet | > 50,000 and [LESS THAN EQUAL TO] 500,000 | 0.0015 milligrams/Ampere-Hour as measured after Add-on Air Pollution Control Device(s) |
| | |
| > 330 feet | > 500,000 | 0.0015 milligrams/Ampere-Hour as measured after Add-on Air Pollution Control Device(s) 3 |
| _____________ | | |
1 Sensitive receptor distance is the most current distance between the Facility and the nearest sensitive receptor that is recorded with the District.
2 Alternatively, a Facility may install an Add-on Air Pollution Control Device(s) that controls emissions to below 0.0015 milligrams per Ampere-Hour.
3 When annual emissions exceed 15 grams, a Site-Specific Risk Analysis must be conducted by the Owner or Operator in accordance with the District's procedures, unless a Site-Specific Risk Analysis has already been conducted and approved by the District. The analysis shall be submitted to the District.
(2) Beginning on January 1, 2026, each Chrome Plating Tank used for Functional Chrome Plating that contains Hexavalent Chromium shall meet an Emission Limitation of 0.00075 mg/Amp-Hr of Hexavalent Chromium, measured downstream of any Add-on Air Pollution Control Device(s). (A) Beginning on January 1, 2026, Chrome Plating Tanks that use Hexavalent Chromium for the purposes of both Decorative Chrome Plating and Functional Chrome Plating shall comply with the Emission Limitation in subsection (c)(2) instead of complying with the requirements set forth in subsection (c)(1).(d)Building Enclosure Requirements. The following requirements apply beginning January 1, 2026, to Functional Chrome Plating operations that use Hexavalent Chromium and to Decorative Chrome Plating operations that elect to comply via the alternative phase out pathway in subsection (b)(1)(A) for as long as they continue to use Hexavalent Chromium.(1) Building Enclosure requirements that apply to Chrome Plating operations that use any Tier I, Tier II, or Tier III Hexavalent Chromium Tanks. (A) Tier I, Tier II and Tier III Hexavalent Chromium Tanks shall be operated only within a Building Enclosure.(B) All Building Enclosure Openings that are open to the Exterior and on opposite ends of the Building Enclosure from each other shall be equipped with a Protected Opening Method and shall not be simultaneously open except during the passage of vehicles, equipment, or people through the Building Enclosure Opening.(C) All Building Enclosure Openings that directly face any Sensitive Receptor that is located within 1,000 feet, as measured from the property line of the Sensitive Receptor to the Building Enclosure Opening, shall be equipped with a Protected Opening Method and remain closed except during the passage of vehicles, equipment, or people through the Building Enclosure Opening.(2) Requirements for Building Enclosures that apply to Chrome Plating operations that use any Tier II or Tier III Hexavalent Chromium Tanks.(A) The combined area of all Building Enclosure Openings shall not exceed 3.5 percent of the surface area of the Building Enclosure Envelope.1. The surface area of the Building Enclosure Envelope shall be calculated by adding together the surface area of the floor, the surface area of the Exterior walls, and the area of the roof. The area of the floor may be used for the area of the roof in this calculation.2. The combined area of all Building Enclosure Openings shall be calculated by adding the surface area of all Building Enclosure Openings, except Building Enclosure Openings that are equipped with a Protected Opening Method.3. The dimensions used in the calculation of the Building Enclosure Envelope and Building Enclosure Openings and a schematic diagram depicting these dimensions and the locations of the Building Enclosure Openings shall be provided in the ongoing compliance status reports required in section 93102.13(b).(B) All Building Enclosure Openings in the roof that are located within 15 feet from the edge of any Tier II Tank or Tier III Tank shall either remain closed or be equipped with a HEPA Filter, or other Add-on Air Pollution Control Device that reduces emissions to an equal or greater extent as a HEPA Filter, and that fully covers the opening, except Building Enclosure Openings that: 1. Are actively providing access for equipment or parts; or2. Provide intake or circulation air for a Building Enclosure. Such Openings shall not create air velocities that decrease the collection efficiency of a ventilation system for an Add-on Air Pollution Control Device.(C) Any Breach in a Building Enclosure shall be repaired within 72 hours of discovery of the Breach. The Owner or Operator may request an extension by contacting their District in accordance with the District's procedures. The District may approve a request for an extension beyond the 72-hour limit if the request is submitted before the 72-hour time limit has expired and the Owner or Operator provides information that demonstrates that: 1. The repair will take longer than 72 hours, or the equipment, parts, or materials needed for the repair cannot be obtained within 72 hours; and2. Temporary measures are implemented that prevent the release of Fugitive Emissions from the Breach.(3)Alternative Building Enclosure compliance plans.(A) If the Facility cannot comply with any of the requirements specified in subsections (d)(1) and (d)(2) due to conflicting requirements set forth by the federal Occupational Safety and Health Administration (OSHA), California Occupational Safety and Health Administration (CalOSHA), or other applicable municipal codes or agency requirements directly related to worker safety, the Owner or Operator shall submit a request to implement an alternative Building Enclosure compliance plan to the District as required by Appendix 1.(B) The request to implement an alternative Building Enclosure compliance plan shall be submitted as required by Appendix 1 and include:1. An explanation as to why the Facility cannot comply with the applicable provision(s) in subsection (d)(1) or (d)(2) due to worker safety requirements set forth by OSHA, CalOSHA, or another municipal code or agency;2. A detailed description of the alternative Building Enclosure compliance measure(s), including documentation that demonstrates that these measures will restrict air from escaping the Building Enclosure in an amount equal or greater than the amount that would have been achieved by compliance with subsection (d)(1) or (d)(2); and3. The timeframe in which the alternative Building Enclosure compliance plan will be implemented.(C) The District shall notify the Owner or Operator in writing whether the alternative Building Enclosure compliance plan submitted per subsection (d)(3)(A) is approved or disapproved or incomplete.1. If the District determines that the request is incomplete, the District shall issue a notice of deficiency in writing to the Owner or Operator. The Owner or Operator shall submit a revised compliance plan that addresses the identified deficiencies as required by Appendix 1, or the request will be disapproved.2. If the District determines that the alternative Building Enclosure compliance plan will not restrict air from escaping the Building Enclosure in an amount equal to or greater than the amount that would have been achieved by compliance with subsection (d)(1) or (d)(2), the District shall issue a notice of disapproval in writing to the Owner or Operator.3. If the request is complete and the District determines that the alternative Building Enclosure compliance plan restricts air from escaping the Building Enclosure in an amount equal to or greater than the amount that would have been achieved by compliance with subsection (d)(1) or (d)(2), the District shall issue a written notice approving the alternative Building Enclosure compliance plan. This notice of approval shall specify whether it covers the requirements set forth in subsection (d)(1) or (d)(2), or both, as well as the alternative Building Enclosure compliance plan to be implemented, and the timeframe in which it shall be implemented.(D) If the Owner or Operator complies with the requirements set forth in the approval of the alternative Building Enclosure compliance plan, they will be exempted from the applicable requirements of subsection (d)(1) or (d)(2), or both, as set forth in the notice of approval and for the timeframe indicated in the notice of approval.(e)Requirements for Modified Facilities using Hexavalent Chromium.(1) An Owner or Operator of an Existing Facility may only undergo a Modification of an Existing Facility after January 1, 2024 as long as:(A) Permitted Annual Ampere-Hours, after Modification, do not exceed permitted levels for the Existing or Modified Facility in place as of January 1, 2024; and(B) Any Hexavalent Chromium Containing Tank(s) that undergo Modifications, including being added to the Facility, meet all applicable requirements of this ATCM.(2) Each Owner or Operator of a Modified Facility shall, upon Initial Start-Up and during all subsequent Tank Operation, control Hexavalent Chromium emissions from all of the Facility's Chrome Plating Tank(s) by:(A) Using an Add-on Air Pollution Control Device(s) to control Hexavalent Chromium emissions, and(B) Meeting an Emission Limitation of 0.00075 milligrams of Hexavalent Chromium per Ampere-Hour or less.(3) Prior to Initial Start-Up of a Modified Facility, the Owner or Operator shall conduct a Site-Specific Risk Analysis in accordance with the District's procedures. The analysis shall be submitted to the District.(f)Emission Limitations for Tier III Hexavalent Chromium Containing Tanks, excluding Chrome Plating Tanks, at Functional Chrome Plating Facilities.(1) Beginning on July 1, 2024, and until the Add-on Air Pollution Control Device specified in subsection (f)(2) has been installed, cover the entire surface area of the Tank no later than 30 minutes after ceasing operation of the Tank. Tank covers shall be free of holes, tears, and gaps and made of a non-permeable and durable material such as metal or plastic.(2) Applicable beginning on January 1, 2026, Hexavalent Chromium emissions from any Tank subject to subsection (f) shall be collected and ventilated to an Add-on Air Pollution Control Device that meets the following Hexavalent Chromium Emission Limitations as demonstrated by a Source Test that meets the requirements under section 93102.7. (A) 0.00075 mg/Amp-Hr for any Tank(s) that are connected to an Add-on Air Pollution Control Device that is also connected to a Chrome Plating Tank.(B) 0.20 mg/hr for any Tank(s) that are not covered by subsection (A), if the Add-on Air Pollution Control Device has a maximum exhaust rate of 5,000 cubic feet per minute or less per manufacturer's specifications; or(C) 0.004 mg/hr-ft2 for any Tank(s) that are not covered by subsection (A), if the Add-on Air Pollution Control Device has a maximum exhaust rate of greater than 5,000 cubic feet per minute per manufacturer's specification.1. The applicable surface area shall be based on the total surface area of all Tier III Tank(s) connected to the same Add-on Air Pollution Control Device.2. If the Owner or Operator elects to control Tier II Tank(s) per the requirements of section 93102.4(g)(2), the applicable surface area shall be based on the total surface area of all Tier II and Tier III Tank(s) connected to the same Add-on Air Pollution Control Device.(3) The requirements of section 93102.4(f)(2) do not apply to Tank(s) if the Owner or Operator demonstrates to the District that the uncontrolled Hexavalent Chromium emission rate of the Tank is less than 0.20 mg/hr, as demonstrated by a Source Test approved by the District per the requirements of section 93102.7.(4)Permitting Process for Tanks subject to subsection (f).(A) The Owner or Operator shall submit to the District prior to January 1, 2025, an application for an authority to construct for any Add-on Air Pollution Control Device to be used on any Tank(s) subject to subsection (f).(B) The Owner or Operator shall conduct a Source Test on the Tank(s) demonstrating that the applicable Emission Limitation is satisfied. 1. For Tank(s) subject to subsection (f)(2)(A), the Source Test shall be conducted during the operation of the Chrome Plating Tank that is connected to the Tank subject to subsection (f)(2)(A).(C) The Owner or Operator shall submit to the District an application for a permit to operate the Tank(s) that includes the results of the Source Test.(D) The District shall not issue a permit to operate unless the Source Test demonstrates that the applicable Emission Limitation is satisfied.(g)Requirements to control Hexavalent Chromium Emissions from Tier II Tanks at Functional Chrome Plating Facilities.(1) Beginning July 1, 2024, utilize a Tank cover, Mechanical Fume Suppressant, or other method approved by the District. If a Tank cover is used, cover the entire surface area of the Tank no later than 30 minutes after ceasing operation of the Tank. Tank covers shall be free of holes, tears, and gaps and made of a non-permeable and durable material such as metal or plastic.(2) Beginning January 1, 2026, the Owner or Operator may elect to comply with the Emission Limitations set forth in section 93102.4(f)(2) instead of complying with section 93102.4(g)(1).Cal. Code Regs. Tit. 17, § 93102.4
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(c) and its subdivisions to new section 93102.4 filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
2. Amendment of section heading, section and NOTE filed 12-28-2023; operative 1/1/2024 pursuant to Government Code section 11343.4 (Register 2023, No. 52).