35744 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, 2071; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Amend § 110.140, by revising 

paragraph (a)(2) to read as follows: 

§ 110.140 Buzzards Bay, Nantucket Sound, 

and adjacent waters, Mass. 

(a) * * * 

(2) Anchorage B. All waters bounded 

by a line beginning at 41°36′42.3′′ N, 

070°54′24.9′′ W; thence to 41°36′55.5′′ N, 

070°54′06.6′′ W; thence to 41°36′13.6′′ N, 

070°53′40.2′′ W; thence to 41°36′11.1′′ N, 

070°54′07.6′′ W; thence along the 

shoreline to the beginning point. 

* * * * * 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 3. The authority citation for Part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 4. Add § 165.125 to read as follows: 

§ 165.125 Regulated Navigation Area; EPA 

Superfund Site, New Bedford Harbor, 

Massachusetts. 

(a) Location. The regulated navigation 

area encompasses all waters bounded by 

a line beginning at 41°37′22.5′′ N, 

070°54′34.1′′ W; thence to 41°37′14.4′′ N, 

070°54′19.6′′ W; thence to 41°36′58.5′′ N, 

070°54′08.1′′ W; thence to 41°36′45.0′′ N, 

070°54′26.9′′ W; thence along the 

shoreline and south side of the 

hurricane barrier to the beginning point. 

(b) Regulations. (1) All vessels and 

persons are prohibited from activities 

that would disturb the seabed within 

the regulated navigation area, including 

but not limited to anchoring, dragging, 

trawling, and spudding. Vessels may 

otherwise transit or navigate within this 

area without reservation. 

(2) The prohibition described in 

paragraph (b)(1) of this section shall not 

apply to vessels or persons engaged in 

activities associated with remediation 

efforts in the New Bedford Harbor 

Superfund Site, provided that the Coast 

Guard Captain of the Port (COTP) 

Southeastern New England, is given 

advance notice of those activities by the 

U.S. Environmental Protection Agency 

(EPA). 

(c) Waivers. The Captain of the Port 

(COTP) Southeastern New England may, 

in consultation with the U.S. EPA, 

authorize a waiver from this section if 

he or she determines that the proposed 

activity can be performed without 

undue risk to environmental 

remediation efforts. Requests for 

waivers should be submitted in writing 

to Commander, U.S. Coast Guard Sector 

Southeastern New England, 1 Little 

Harbor Road, Woods Hole, MA, 02543, 

with a copy to the U.S. Environmental 

Protection Agency, Region 1, New 

Bedford Harbor Remedial Project 

Manager, 5 Post Office Square, Suite 100 

(OSRR07), Boston, MA 02109, to 

facilitate review by the EPA and U.S. 

Coast Guard. 

Dated: June 6, 2011. 

D.A. Neptun, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2011–15164 Filed 6–17–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2005–0084; FRL–9320–6] 

RIN 2060–AM37 

Amendments to National Emission 

Standards for Hazardous Air Pollutants 

for Area Sources: Plating and 

Polishing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; amendments. 

SUMMARY: On June 12, 2008, EPA issued 

national emission standards for control 

of hazardous air pollutants (HAP) for 

the plating and polishing area source 

category under section 112 of the Clean 

Air Act (CAA). In today’s action, EPA is 

taking direct final action to amend the 

national emission standards for HAP 

(NESHAP) for the plating and polishing 

area source category. These final 

amendments 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. We are making these 

amendments by direct final rule, 

without prior proposal, because we 

view these revisions as noncontroversial 

and anticipate no adverse comments. 

Consistent with Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review,’’ issued on January 18, 2011, 

this amended rule will increase 

flexibility and freedom of choice for the 

public, and make the rule more clear 

and intelligible which, as a result, will 

reduce the burden. 

DATES: This final rule is effective on 

September 19, 2011 without further 

notice, unless EPA receives significant 

adverse comment by July 20, 2011. If the 

effective date is delayed, timely notice 

will be published in the Federal 

Register. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that some or all of 

the amendments in this rule will not 

take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2005–0084, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Comments may be sent by 

electronic mail (e-mail) to a-and-rdocket@epa.gov, Attention Docket ID 

No. EPA–HQ–OAR–2005–0084. 

• Fax: Fax your comments to: (202) 

566–9744, Attention Docket ID No. 

EPA–HQ–OAR–2005–0084. 

• Mail: Send your comments to: Air 

and Radiation Docket and Information 

Center, Environmental Protection 

Agency, Mailcode: 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, Attention Docket ID No. 

EPA–HQ–OAR–2005–0084. Please 

include a total of two copies. 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center, Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. Such deliveries are accepted 

only during the Docket’s normal hours 

of operation and special arrangements 

should be made for deliveries of boxed 

information. Please include a total of 

two copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2005– 

0084. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

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Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations 35745 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

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., 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, 

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; email address: Jones.DonnaLee@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information presented in this preamble 

is organized as follows: 

I. Why is EPA using a direct final rule? 

II. Does this action apply to me? 

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

IV. What should I consider as I prepare my 

comments to EPA? 

V. Why are we amending this rule? 

VI. What are the changes to the area source 

NESHAP for plating and polishing 

operations? 

A. Clarification of Applicability to BenchScale Operations 

B. Other Technical Corrections and 

Clarifications 

VII. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and 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. Why is EPA using a direct final rule? 

EPA is publishing this final rule 

without a prior proposed rule because 

we view this as a noncontroversial 

action and anticipate no significant 

adverse comment. These amendments to 

the national emission standards for 

hazardous air pollutants (NESHAP) for 

plating and polishing operations that are 

area sources (40 CFR part 63, subpart 

WWWWWW) consist of a clarification 

stating that the emission control 

requirements of the plating and 

polishing area source rule do not apply 

to bench-scale activities, and technical 

corrections and clarifications that do not 

make material changes to the rule’s 

requirements. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to amend the area source 

standards if EPA receives significant 

adverse comments on this final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on the rule, see the 

ADDRESSES section of this document. If 

we receive significant adverse 

comments, we will withdraw only those 

provisions on which we received 

significant adverse comments. We will 

publish a timely withdrawal in the 

Federal Register indicating which 

provisions will become effective and 

which provisions are being withdrawn. 

II. Does this action apply to me? 

The regulated categories and entities 

potentially affected by the final rule 

include: 

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. 

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35746 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations 

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 § 63.13 of the 

General Provisions to part 63 (40 CFR 

part 63, subpart A). 

III. 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. 

IV. What should I consider as I prepare 

my comments to EPA? 

Do not submit information containing 

CBI to EPA through http:// 

www.regulations.gov or e-mail. Send or 

deliver information identified as CBI 

only to the following address: Roberto 

Morales, OAQPS Document Control 

Officer (C404–02), Office of Air Quality 

Planning and Standards, Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711, Attention 

Docket ID No. EPA–HQ–OAR–2005– 

0084. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD 

ROM that you mail to EPA, mark the 

outside of the disk or CD ROM as CBI 

and then identify electronically within 

the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

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 

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 

should reduce misinterpretations. 

Therefore, we are amending and 

correcting parts of the rule to address 

these issues. 

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 will increase 

flexibility and freedom of choice for the 

public, and make the rule more clear 

and intelligible which, as a result, will 

reduce the 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 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 largescale 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 proposed 

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 

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 

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Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations 35747 

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 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. Other methods of analysis are 

available, such as laboratory testing, 

which provide equal and often better 

information than the MSDS. Therefore, 

we are amending the rule to allow these 

other methods. 

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 

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 time 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 

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35748 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations 

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 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 should be 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 shortterm 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 (§ 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 

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 step 

includes the small task of mailing 

beyond the already required preparation 

of the annual report, and should not 

occur for many facilities in the industry 

and also not 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 

tanks, there are others that apply to all 

plating and polishing sources, such as: 

‘‘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 or needed 

to be clarified to clarify our original 

intent in the rule. The revised or added 

definitions to the rule are as follows (in 

alphabetical order): ‘‘bath,’’ ‘‘benchscale 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 

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Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations 35749 

tanks,’’ ‘‘repair,’’ ‘‘startup of the tank 

bath,’’ and ‘‘thermal spraying.’’ 

Finally, we are updating Table 1 of 

the rule entitled ‘‘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 

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. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. 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 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. Therefore, 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 

This action does not have federalism 

implications. It will not 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, 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 

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35750 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations 

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 September 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: June 14, 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] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

■ 2. Section 63.11504 is amended as 

follows: 

■ a. By revising paragraph (a)(1)(iv); and 

■ b. By revising paragraph (a)(2) to read 

as follows: 

§ 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. 

■ 3. Section 63.11505 is amended as 

follows: 

■ a. By revising paragraph (d)(4); 

■ b. By revising paragraph (d)(5); and 

■ c. By revising paragraph (d)(6) to read 

as follows: 

§ 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 

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. 

■ 4. Section 63.11507 is amended as 

follows: 

■ a. By revising paragraph (a)(1); 

■ b. By revising paragraph (a)(1)(ii); 

■ c. By revising paragraph (d)(1); 

■ d. By revising paragraph (e); 

■ e. By revising paragraph (f)(1); and 

■ f. By revising paragraph (f)(2) to read 

as follows: 

§ 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 § 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 makeup of the bath. 

(d) * * * 

(1) You must measure and record the 

pH of the bath upon startup of the bath, 

as defined in § 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 

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Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations 35751 

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. 

■ 5. Section 63.11508 is amended as 

follows: 

■ a. By revising paragraph (c)(3); 

■ b. By revising paragraph (c)(4); 

■ c. By revising paragraph (c)(5); 

■ d. By revising paragraph (c)(6); 

■ e. By revising paragraph (c)(7)(i); 

■ f. By revising paragraph (c)(9)(i); 

■ g. By revising paragraph (c)(10)(i); 

■ h. By revising paragraph (d)(3)(ii); 

■ i. By revising paragraph (d)(3)(ii)(A); 

■ j. By revising paragraph (d)(5); 

■ k. By revising paragraph (d)(6); and 

■ l. By revising paragraph (d)(7) to read 

as follows: 

§ 63.11508 What are my compliance 

requirements? 

* * * * * 

(c) * * * 

(3) If you own or operate an affected 

batch electrolytic process tank, as 

defined in § 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 

§ 63.11507(a), ‘‘What are my standards 

and management practices?’’ and you 

use a tank cover, as defined in 

§ 63.11511, to comply with § 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 § 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 § 63.11507(a), 

‘‘What are my standards and 

management practices?’’ and you cover 

the tank surface to comply with 

§ 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 § 63.11507(b), 

‘‘What are my standards and 

management practices?’’ and you 

comply with § 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 § 63.11507(b), 

‘‘What are my standards and 

management practices?’’ and you 

comply with § 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 

§ 63.11511, according to the 

requirements of § 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 

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 § 63.11507(b), 

‘‘What are my standards and 

management practices?’’ and you 

comply with § 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 § 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 § 63.11507(b), and 

you comply with § 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 § 63.11507(a), 

‘‘What are my standards and 

management practices?’’ and you 

comply with § 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. 

■ 6. Section 63.11509 is amended as 

follows: 

■ a. By revising paragraph (a)(4); 

■ b. By revising paragraph (b); 

■ c. By adding new paragraph (b)(3); 

■ d. By revising paragraph (c)(3); 

■ e. By revising paragraph (c)(4); 

■ f. By revising paragraph (c)(5); and 

■ g. By revising paragraph (c)(6); 

§ 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 

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35752 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations 

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 

§ 63.11507(b), ‘‘What are my standards 

and management practices?’’ and you 

comply with § 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 

§ 63.11507(a) or a flash or short-term 

electroplating tank that is subject to the 

requirements in § 63.11507(b), ‘‘What 

are my standards and management 

practices?’’ and you comply with 

§ 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 

§ 63.11507(a), ‘‘What are my standards 

and management practices?’’ and you 

comply with § 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 

§ 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. 

■ 7. Section 63.11511 is amended by: 

■ a. Adding, in alphabetical order, new 

definitions of ‘‘bench-scale plating or 

polishing,’’ ‘‘conversion coatings,’’ 

‘‘major facility,’’ ‘‘maintenance,’’ ‘‘metal 

HAP content,’’ ‘‘repair,’’ and ‘‘startup of 

the tank bath’’; and 

■ 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.’’ 

§ 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; 

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 rule, 

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. 

* * * * * 

A 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 nor 

from only plating and polishing 

operations. 

* * * * * 

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. 

* * * * * 

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 

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Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations 35753 

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., nonchromium 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. Commonlyused 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. 

■ 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. 

63.4 ......................................................................................... Prohibited activities. 

63.6(a), (b)(1)–(b)(5), (c)(1), (c)(2), (c)(5), and (j) .................. Compliance with standards and maintenance requirements. 

63.10(a), (b)(1), (b)(2)(i)–(iii), (xiv), (b)(3), (d)(1), (f) .............. Recordkeeping and reporting. 

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. 

[FR Doc. 2011–15274 Filed 6–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–B–1199] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

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