Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57913 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishing of a regulated 

navigation area and therefore falls 

within the categorical exclusion noted 

above. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. Any comments received 

concerning environmental impacts will 

be considered and changes made to the 

environmental analysis checklist and 

categorical exclusion determination as 

appropriate. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for Part 165 

continues to read as follows: 

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

Chapter 701, 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. 

■ 2. Add § 165.T01–0868 to read as 

follows: 

§ 165.T01–0868 Regulated Navigation 

Area; Route 24 Bridge Construction, 

Sakonnet River, Rhode Island. 

(a) Location. The following area is a 

regulated navigation area: All navigable 

waters of the Sakonnet River between 

Tiverton and Portsmouth, RI, from 

surface to bottom, within 100 yards of 

the Route 24 bridge over the Sakonnet 

River. 

(b) Regulations. The general 

regulations contained in 33 CFR 165.10, 

165.11, and 165.13 apply within the 

RNA, and in addition: 

(1) Each person or vessel within the 

RNA must comply with the directions of 

the Captain of the Port Sector 

Southeastern New England (COTP) or 

the COTP’s designated on-scene patrol 

personnel and must comply with all 

applicable regulations including but not 

limited to the Rules of the Road (33 CFR 

Subchapter E, Inland Navigational 

Rules); 

(2) The COTP may close the RNA or 

establish a marked temporary channel 

within the RNA at any time to protect 

public safety; 

(3) Each vessel using the temporary 

channel must not exceed 47 feet in 

height from the waterline, have a draft 

not exceeding 17 feet, and enter the 

temporary channel only if it is 

completely clear of all other vessel 

traffic; and 

(4) Each vessel approaching the 

temporary channel and equipped with a 

VHF radio must make an appropriate 

‘‘Securite’’ radio call to notify 

approaching vessel traffic; 

(c) Effective period; enforcement. This 

section is effective from 8 a.m. on 

September 9, 2011, until 11:59 p.m. on 

May 1, 2013. Paragraph (b) of this 

section may be enforced at any time 

within that period. The COTP and 

designated on-scene patrol personnel 

will notify the public whenever 

paragraph (b) is in force and whenever 

enforcement is lifted. Notification may 

be by Broadcast Notice to Mariners, 

Local Notice to Mariners, Marine Safety 

Information Bulletins, or by siren, radio, 

flashing light, or other hailing by a Coast 

Guard vessel. 

(d) Violations. Report violations of 

this regulated navigation area to the 

COTP at 508–457–3211 or on VHF– 

Channel 16. 

Dated: September 7, 2011. 

D.A. Neptun, 

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

First Coast Guard District. 

[FR Doc. 2011–23916 Filed 9–16–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2005–0084; FRL–9466–1] 

RIN 2060–AQ74 

Amendments to National Emission 

Standards for Hazardous Air Pollutants 

for Area Sources: Plating and 

Polishing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; withdrawal of direct 

final rule. 

SUMMARY: On June 12, 2008, the EPA 

issued national emission standards for 

hazardous air pollutants (NESHAP) for 

the plating and polishing area source 

category under section 112 of the Clean 

Air Act (CAA). On June 20, 2011, the 

EPA proposed amendments to clarify 

that the emission control requirements 

of the plating and polishing area source 

NESHAP did not apply to any benchscale activities. The amendments also 

made several technical corrections and 

clarifications that are not significant 

changes in the rule’s requirements. In 

addition, on June 20, 2011, the EPA 

issued a direct final rule amending the 

area source standards for plating and 

polishing area sources. Since we 

received an adverse comment, we are 

withdrawing the direct final rule today 

simultaneously with this final rule. 

DATES: This final rule is effective on 

October 19, 2011. Effective September 

19, 2011, EPA withdraws the direct final 

rule published at 76 FR 35750 on June 

20, 2011. 

ADDRESSES: 

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., confidential 

business information (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, 


tkelley on DSKG8SOYB1PROD with RULES
57914 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 

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. Background Information 

II. Summary of Comment and Response 

III. Does this action apply to me? 

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

V. Why are we amending this rule? 

A. Clarification of Applicability for BenchScale Operations 

B. Other Technical Corrections and 

Clarifications 

VI. What are the changes to the area source 

NESHAP for plating and polishing 

operations? 

VII. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory 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. Background Information 

The EPA stated in the direct final rule 

titled, ‘‘Amendments to National 

Emission Standards for Hazardous Air 

Pollutants for Area Sources: Plating and 

Polishing’’ which was published on 

June 20, 2011 (76 FR 35750) that if EPA 

received adverse comment by July 20, 

2011, the direct final rule would not 

take effect and EPA would publish a 

timely withdrawal of the direct final 

rule in the Federal Register. The EPA 

subsequently received an adverse 

comment on the direct final rule. 

Because EPA received an adverse 

comment, EPA is withdrawing the 

direct final rule titled ‘‘Amendments to 

National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Plating and Polishing.’’ As 

stated in the parallel proposed rule (76 

FR 35806) published on the same day as 

a direct final rule, EPA will not institute 

a second comment period in this 

proceeding concerning the Plating and 

Polishing Area Sources amendments 

addressed in the direct final and parallel 

proposed rules. EPA is addressing the 

adverse comment on the direct final rule 

and providing final notice of the 

amended rule concurrent with this 

withdrawal. This final rule is based on 

the parallel proposed rule and includes 

a summary of the comment received and 

the EPA response. 

The amendments in this final rule 

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. This rule amendment 

increases flexibility and freedom of 

choice for the public, and makes the 

rule more clear and intelligible which, 

as a result, reduces burden. 

II. Summary of Comment and Response 

The EPA received one comment 

concerning the amended rule. 

Comment: One comment was received 

from a semiconductor wafer and 

photovoltaic (PV) cell manufacturer 

who performs electroless nickel plating 

onto silicon wafers in clean rooms or 

segregated manufacturing areas 

designed to limit contamination. The 

commenter stated that emissions from 

metalization during these 

semiconductor and PV manufacturing 

processes are too small to measure 

easily and consequently could not have 

been included in the 1990 inventory. 

Also, the commenter stated that 

semiconductor and PV facilities are not 

similar to the large scale plating and 

polishing operations to which the 

commenter believes the plating and 

polishing rule is intended to apply. The 

commenter requested that these smallscale semiconductor and PV 

manufacturing processes be exempted 

from the plating and polishing rule 

along with the bench-scale operations 

described in the proposed rule 

amendment. 

Response: The semiconductor 

industry does both electroless and 

electrolytic plating, as stated in the 

materials submitted by the commenter. 

In both these plating processes, the 

concentration of plating HAP in the 

plating solution is high, with 

electroplating having a greater potential 

for air emissions than electroless 

plating. According to information 

available to the EPA, many facilities in 

the semiconductor industry were 

already controlling their HAP emissions 

at the time of the final rule for plating 

and polishing in 2008 by the control 

methods required by the plating and 

polishing area source rule. Although 

HAP emissions from many facilities in 

the semiconductor industry may be low, 

as the commenter describes, emissions 

from many other affected facilities 

under this rule, as well as other area 

source rules, are also low; hence their 

classification as area sources. The intent 

of the area source rules is to set 

standards for low-emitting sources with 

the potential to emit HAP and which are 

not major sources. 

The semiconductor industry is very 

similar to other plating and polishing 

industries that do a high production 

volume of plating using solutions with 

high concentrations of metal HAP and, 

therefore, are the intended subjects of 

the rule. To the extent that sources in 

the semiconductor and PV 

manufacturing industry qualify as bench 

scale operations, they also may be 

exempt from the plating and polishing 

rule with as a result of this action. 

However, as individual industries, we 

believe that area sources in the 

semiconductor and PV manufacturing 

industries are the type of sources 

intended to be regulated under the area 

source program and, more specifically, 

under the plating and polishing rule for 

metal HAP. Therefore, no sources or 

classes of sources are being added to the 

exemption for bench-scale operations in 

today’s action. Additionally, for 

electroless plating sources, the plating 

and polishing rule requires management 

practices for minimizing HAP 

emissions, as practicable, with no 

additional control requirements or 

annual reporting. Therefore, the burden 

of the rule on facilities similar to the 

commenter’s is low, especially for 

facilities that are already well 

controlled. 

III. Does this action apply to me? 

The regulated categories and entities 

potentially affected by the final rule 

include: 


tkelley on DSKG8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57915 

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. 

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). 

IV. 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. 

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 

the 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 will 

provide clarity. 

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 increases flexibility 

and freedom of choice for the public, 

and makes the rule more clear and 

intelligible which, as a result, reduces 

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 for the urban air toxics 

program 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 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 benchscale 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 


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57916 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 

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 

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 operations 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. Therefore, we are amending the 

rule to clarify that these other methods 

are acceptable. 

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 


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Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57917 

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 startup 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 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 as 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 is 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 

the 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 

requirement includes mailing the 

annual report (the preparation of which 

is already required), and should not 

occur for many facilities in the industry 

and will not be required 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 


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tanks, there are others that apply to all 

plating and polishing sources, 

including: ‘‘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 to clarify 

our original intent in the rule. The 

revised or added definitions to the rule 

are as follows (in alphabetical order): 

‘‘bath,’’ ‘‘bench-scale 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 

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

bath,’’ and ‘‘thermal spraying.’’ 

Finally, we are updating Table 1 of 

the rule titled ‘‘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: Improving Regulation and 

Regulatory Review 

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. 

This action is responsive to Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ (76 FR 3821, 

January 21, 2011), which directs each 

Federal agency to review existing 

significant regulations to determine 

whether any regulations should be 

modified, streamlined, expanded, or 

repealed so as to make the EPA’s 

regulatory program more effective or 

less burdensome in achieving the 

regulatory objectives. This amended 

rule increases flexibility and freedom of 

choice for the regulated community, and 

makes the rule more clear and 

intelligible which, as a result, reduces 

burden. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden therefore 

no new information collection request 

has been prepared. 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 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. The term 

‘‘enforceable duty’’ does not include 

duties and conditions in voluntary 

Federal contracts for goods and services. 

Thus, 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 

Executive Order 13132 (64 FR 43255, 

August 10, 1999) requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ are 

defined in the Executive Order to 

include regulations that 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.’’ 

This final rule does not have 

federalism implications. It will not have 

substantial direct effects on the states, 

on the relationship between the national 


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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 

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 October 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: September 12, 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 


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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) 

introductory text; 

■ 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 

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) 

introductory text; 

■ b. By revising paragraph (c)(4) 

introductory text; 

■ c. By revising paragraph (c)(5) 

introductory text; 

■ d. By revising paragraph (c)(6) 

introductory text; 

■ 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) 

introductory text; 

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

■ j. By revising paragraph (d)(5) 

introductory text; 

■ k. By revising paragraph (d)(6) 

introductory text; and 

■ l. By revising paragraph (d)(7) 

introductory text 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 


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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) 

introductory text; 

■ 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) to read 

as follows: 

§ 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 

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,’’ 

‘‘conversion coatings,’’ ‘‘filters,’’ ‘‘major 

facility for HAP,’’ ‘‘maintenance,’’ 

‘‘metal HAP content of material used in 

plating and polishing,’’ ‘‘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; 


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57922 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 

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 part, 

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. 

* * * * * 

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. 

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 or 

from only plating and polishing 

operations. 

* * * * * 

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 

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., nonchromium electroplating) performed in 

a tank; electroless plating; and nonelectrolytic 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 

63.11 ......................................................................................................... Applicability. 

63.2 ........................................................................................................... Definitions. 

63.3 ........................................................................................................... Units and abbreviations. 


tkelley on DSKG8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57923 

TABLE 1 TO SUBPART WWWWWW OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO PLATING AND POLISHING

AREA SOURCES—Continued 

Citation Subject 

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. 

1Section 63.11505(e), ‘‘What parts of my plant does this subpart cover?’’, exempts affected sources from the obligation to obtain title V operating permits. 

[FR Doc. 2011–23806 Filed 9–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 95–91; FCC 10–82] 

Establishment of Rules and Policies 

for the Satellite Digital Audio Radio 

Service in the 2310–2360 MHz 

Frequency Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rules; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection requirements 

contained in the Satellite Digital Audio 

Radio Service (SDARS) Second Report 

and Order. The information collection 

requirements were approved on July 5, 

2011 by OMB. 

DATES: The amendments to 47 CFR 

25.144(e)(3), 25.144(e)(8), 25.144(e)(9), 

25.263(b) and 25.263(c), published at 75 

FR 45058, August 2, 2010, are effective 

on September 19, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact Cathy 

Williams on (202) 418–2918 or via 

e-mail to: cathy.williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that on July 5, 

2011 OMB approved, for a period of 

three years, the information collection 

requirements contained in 47 CFR 

25.144 and 25.263. The Commission 

publishes this document to announce 

the effective date of these rule sections. 

See Satellite Digital Audio Radio 

Service (SDARS) Second Report and 

Order (FCC 10–82; IB Docket No. 95– 

91), 75 FR 45058, August 2, 2010. 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995, (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on July 

5, 2011, for the information collection 

requirement contained in 47 CFR 25.144 

and 25.263. Under 5 CFR part 1320, an 

agency may not conduct or sponsor a 

collection of information unless it 

displays a current, valid OMB Control 

Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a valid OMB Control Number. 

The OMB Control Number is 3060– 

1153 and the total annual reporting 

burdens for respondents for this 

information collection are as follows: 

Title: Satellite Digital Audio Radio 

Service (SDARS). 

Form Number: Not applicable. 

Type of Review: New collection. 

OMB Control Number: 3060–1153. 

OMB Approval Date: 07/05/2011. 

OMB Expiration Date: 07/31/2014. 

Respondents: Business or other forprofit entities. 

Number of Respondents: 1 

respondent; 74 responses. 

Estimated Time per Response: 4–12 

hours 

Frequency of Response: On occasion 

filing requirement, recordkeeping 

requirement and third party disclosure 

requirement. 

Obligation to Respond: The 

information collection requirements 

accounted for in this collection are 

necessary to determine the technical 

and legal qualifications of SDARS 

applicants or licensees to operate a 

station, transfer or assign a license, and 

to determine whether the authorization 

is in the public interest, convenience, 

and necessity. The statutory authority 

for this information collection is 

contained in Sections 4, 301, 302, 303, 

307, 309 and 332 of the 

Communications Act, as amended, and 

47 U.S.C. 154, 301, 302a, 303, 307, 309, 

and 332. 

Total Annual Burden: 400 hours. 

Annual Cost Burden: $171,320. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this information collection. 

Needs and Uses: On May 20, 2010, 

the Commission adopted and released a 

Second Report and Order titled, ‘‘In the 

Matter of Establishment of Rules and 

Policies for the Digital Audio Radio 

Satellite Service in the 2310–2360 MHz 

Frequency Band,’’ IB Docket No. 95–91, 

GEN Docket No. 90–357, RM–8610, 25 

FCC Rcd 11710 (2010). In this Second 

Report and Order, the Commission 

adopted a framework for the regulation 

of SDARS terrestrial repeaters. First, the 

Commission adopted technical rules 

governing the operation of SDARS 

repeaters that will not unduly constrain 

the deployment of SDARS repeaters, but 

that will, at the same time, limit the 

potential for harmful interference to 

adjacent spectrum users in the Wireless 

Communications Service (WCS). 

Second, the Commission adopted a 

blanket-licensing regime to facilitate the 

flexible deployment of SDARS 

repeaters, which are necessary to ensure 

a high quality service to the public, 

while ensuring that such repeater 

operations comply with the 

Commission’s rules regarding RF safety, 

antenna marking and lighting, and 

equipment authorization, as well as 

with international agreements. The 

Commission adopted a site-by-site 

licensing regime for repeater operations 

that did not qualify for blanket 

licensing. Finally, the Commission 

addressed other issues regarding SDARS 

repeater operations that are not 

associated with the interference 

concerns raised by WCS licensees. 

Specifically, the Commission adopted 

rules to ensure that SDARS repeaters 

remain truly complementary to a 

satellite-based service, and that SDARS 


tkelley on DSKG8SOYB1PROD with RULES