Mr. George E. Danielson
Merlin Enterprises
7682 Everest Circle
Huntington Beach, CA 92647-3016

I am writing this letter as a follow-up to Lalit Bankers letter of October 11, 1994 in order to clarify the applicability of the National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks: Final Rule (60 Federal Register 4948 (January 25, 1995)) to tanks equipped with Merlin control devices. In Mr. Bankers letter, he stated that the proposed Federal emissions standards for electroplating and anodizing operations did not apply to tanks equipped with Merlin control devices. The EPA Office of Enforcement and Compliance Assurance (OECA) is the office responsible for determining the applicability of all rules. As such, specific questions regarding the applicability of a rule to a particular subject source should be directed to OECA.

In general, the final electroplating rule defines the affected source (i.e., the source to which the standard applies) as "each chromium electroplating or chromium anodizing tank at facilities performing hard chromium electroplating, decorative chromium electroplating, or chromium anodizing." 40 C.F.R. § 63.340. Since the final rule designates the electroplating tank as the affected source, any source that utilizes this tank is subject to the promulgated standards, regardless of the control system used to achieve compliance with the emission limits. The final rule does give sources the flexibility to use air pollution control devices other than the ones specified in the rule. See 40 C.F.R. § 63.343(d). The source, however, must submit for approval to the appropriate authority a description of the device, test results collected in accordance with 40 C.F.R. § 63.344(c) verifying the performance of the device for reducing chromium emissions to the atmosphere to the level required by the rule, a copy of the operation and maintenance plan referenced in section 63.342(f) including proposed work practice standards, and appropriate operating parameters that the source will monitor to establish continuous compliance with the standards. The Merlin control system falls into the category of devices not specified in the final rule, and thus, sources that choose to use this device will have to provide the above data to the appropriate authority for approval of the device as an alternative control system.

I regret any misunderstanding that Mr. Bankers letter to Merlin Enterprises interpreting the applicability of the proposed rule may have created. The affected source definition, the non- enforceability of proposed rules, and OECAs responsibility for applicability determinations of final rules were not clearly stated in the letter which was written prior to promulgation of the final rule.

It may be of interest to you to know that the EPA has developed a proposal notice that would give States the option of deferring Title V permit requirements for five years for nonmajor chromium electroplating sources. We plan to publish this notice in the Federal Register in the near future. However, all sources receiving deferrals still must comply with all the requirements in accordance with the compliance schedule described in the final rule.

If you have any further questions, please contact Sarah Miller of EPA Region V at (312) 886-6088 or Greg Waldrip of OECA at (202) 564-7024.


Sincerely,


Susan Wyatt, Group Leader
Organic Chemicals Group
Emission Standards Division

cc:

Lalit Banker, EPA/ESD
Frank Clay, EPA/EMAD
Leslye Fraser, EPA/OGC
Sarah Miller, EPA/Region 5
Greg Waldrip, EPA/OECA