HOW DOES THIS REGULATION RELATE
TO OTHER FEDERAL AND
STATE OR LOCAL REQUIREMENTS?
PERMITTING
Will I need a permit?
The final chromium electroplating
regulation that was published in the Federal Register on
January 25, 1995 required all sources, major and nonmajor
(i.e., area), to obtain a title V operating permit. However,
the EPA is considering amending the final regulation to:
It should be stressed that EPA
is considering this deferral and these permanent exemptions for
nonmajor sources only. Under title V, all major sources are
required to obtain permits--no deferrals or exemptions are allowed
for these major sources.
Title V operating
permit program background.
Title V of the CAA Amendments of 1990 required the establishment
of State-implemented operating permit programs with Federal oversight.
Prior to the 1990 amendments, sources were not required by Federal
law to obtain operating permits for air emissions. However, many
States issued their own operating permits to certain sources.
You may have been required to obtain an operating permit for your
facility under a State permit program in the past. Now, you may
be required to obtain a title V operating permit.
Permit requirements in
general.
The operating permit program will incorporate all applicable Federal
CAA regulation requirements and any State or local government
requirements. Therefore, permit requirements will be at least
as stringent as requirements mandated by the Federal CAA regulations
(e.g., the chromium emission standards for electroplaters).
The basic format of operating
permits is detailed (codified) in a new part 70 of title 40
of the Code of Federal Regulations (40 CFR part 70).
Owners or operators of facilities subject to Federal CAA regulations
will have to:
States are allowed to develop
one general permit to cover similar small businesses or industrial
processes. Thus, States may choose to develop a "general
permit" that would cover chromium electroplating and anodizing
facilities. The EPA is currently developing a model general permit
for this source category.
Does my State have a permitting
program? All States
must develop a title V operating permit program. States were
required to submit their permitting programs to EPA for approval
by November 15, 1993. One year later, the EPA was to have
approved the States' permitting programs and authorized the States
to administer their programs. As of November 1994, EPA had proposed
to approve only 12 State agency programs and 7 local agency programs.
The EPA's Technology Transfer Network (TTN), an electronic bulletin
board system, has the latest status of permit program submittals
and approvals. (See Chapter 10 for instructions on how to
access the TTN.) You may also contact your State or local air
pollution control agency for more information on the status of
your State's title V operating permit program.
If a State does not develop an
acceptable title V operating permit program, the EPA will
implement a Federal permit program for sources in that State.
When do I apply for my
operating permit?
Your deadline for submitting a title V operating permit application
will depend on when your State or local title V permitting
program is approved by the EPA. In general, your application will
be due within 12 months after this approval date. However,
some State and local permitting authorities have shorter deadlines.
Regardless, you will be required to submit your application by
November 15, 1996 at the latest because title V requires
either a Federal or State program to be in place by November 15,
1995. Once you have your operating permit, it must be renewed
or updated at least every 5 years.
Where can I get help with
my permit? States
are developing small business assistance programs (SBAP's) to
assist small businesses with the permitting process. Contact EPA's
Control Technology Center (CTC) Hotline at (919) 5410800
for information on your State SBAP contacts. Small businesses
may also be eligible for reduced permitting fees. You can also
contact your State or local permitting authority for more information
on small business permitting assistance.
EPA's GENERAL PROVISIONS
On March 16, 1994, EPA published
the General Provisions for all regulations codified in part 63
(i.e., all NESHAP). These General Provisions were published in
the Federal Register in volume 59, beginning on page 12408.
When a source becomes subject to a regulation in part 63,
it automatically is subject to the General Provisions as well.
However, individual regulations in part 63 may override part
or all of the General Provisions. In the case of this regulation,
EPA has overridden some of the requirements of the General Provisions.
Table 1 of the chromium electroplating regulation (located
in Appendix A on pp. 49764979) explains in detail
which sections apply and which sections are overridden.
STATE OR LOCAL CHROMIUM
ELECTROPLATING REGULATIONS
State or local requirements that may have affected you prior to the new Federal regulation for chromium electroplaters and anodizers continue to apply. The new Federal regulation is the minimum emission control that is required nationally. Some State and local agencies do require stricter limits. If the current State or local standard is less stringent than the Federal regulation, the Federal regulation must be met.
The format of State or local
standards may be different also. For example, the California Air
Resources Board Airborne Toxic Control Measure for this source
category expresses emission limits in terms of process emission
rates rather than emission concentrations. Through source testing,
you will be measuring the concentration of emissions at the outlet
in mg/dscm, which is the format needed to comply with EPA's regulation.
From this, you may convert to another format, such as mg/Amp-hr
required in the CARB regulation.
In addition to air pollution
regulations, chromium electroplating and anodizing operations
may also be subject to wastewater and solid waste disposal regulations.