Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations

Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations Whereas, pursuant to subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, the Minister of the Environment published in the Canada Gazette, Part I, on November 6, 2004, a copy of the proposed Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; S.C. 2004, c. 15, s. 31 S.C. 1999, c. 33 Whereas, pursuant to subsection 93(3) of that Act, the Minister of the Environment, before recommending the making of the Regulations, has given the National Advisory Committee an opportunity to advise the Minister of the Environment and the Minister of Health; And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) and section 97 of the Canadian Environmental Protection Act, 1999b, hereby makes the annexed Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations. The following definitions apply in these Regulations. Act means the Canadian Environmental Protection Act, 1999. (Loi) chromium anodizing means the passage of an electric current through a solution containing a hexavalent chromium compound, in a tank connected to a rectifier, in order to produce an oxide layer on the surface of a metal or other substrate. (anodisation au chrome) chromium electroplating means the passage of an electric current through a solution containing a hexavalent chromium compound, in a tank connected to a rectifier, in order to produce a layer of chromium on the surface of a metal or other substrate. (électrodéposition du chrome) control device means equipment used to control emissions of hexavalent chromium compounds produced from or during chromium electroplating, chromium anodizing or reverse etching. (dispositif de contrôle) dilution air means air that is introduced into emissions produced from or during chromium electroplating, chromium anodizing or reverse etching and that dilutes those emissions. (air de dilution) dscm means a dry standard cubic metre of sample gas referenced to 25°C and 101.325 kPa. (dscm) evacuation device means equipment that is attached to a tank cover that contains a HEPA filter and that is used to remove any hexavalent chromium compounds remaining in the volume of air beneath the closed tank cover at the completion of chromium electroplating, chromium anodizing or reverse etching and before the tank cover is opened. (dispositif d’évacuation) facility means a place at which chromium electroplating, chromium anodizing or reverse etching is performed. (installation) HEPA filter means a high-efficiency particulate air filter. (filtre HEPA) hexavalent chromium means chromium in an oxidation state of +6. (chrome hexavalent) point source means a stack or vent that is the outlet to the environment from the emission collection system connected to one or more tanks. (source ponctuelle) representative operating conditions means the conditions for obtaining an electrical output from a tank’s rectifier while chromium electroplating, chromium anodizing or reverse etching is taking place that is equal to the average of the rectifier’s output for the 30 days of use before a release test is performed. (conditions d’exploitation représentatives) reverse etching means the passage of an electric current through a solution containing a hexavalent chromium compound, in a tank connected to a rectifier, in order to produce an etch on a metal or other substrate. (gravure inversée) surface tension means the molecular force, measured in dynes per centimetre (dyn/cm), that exists at the interface between the solution containing a hexavalent chromium compound and the air. (tension superficielle) tank means the container in which chromium electroplating, chromium anodizing or reverse etching is carried out. (cuve) total chromium means the sum of hexavalent chromium and all other species of chromium. (chrome total) These Regulations apply to any person that uses a solution containing a hexavalent chromium compound for chromium electroplating, chromium anodizing or reverse etching in a tank located at a facility where 50 kg or more of chromium trioxide (CrO3) is used per calendar year. Every person referred to in section 2 must control the release of hexavalent chromium compounds from each tank by one of the following methods: using a point source in accordance with sections 4 to 6; limiting the surface tension of the solution in the tank in accordance with section 7; or using a tank cover in accordance with sections 8 to 10. The person must, for each facility, submit a notice to the Minister indicating, for each tank, the method used to control the release of hexavalent chromium compounds, in the case of a facility at which chromium electroplating, chromium anodizing or reverse etching is carried out on the coming into force of this section, within 30 days after the day on which this section comes into force; and in any other case, at least 30 days before beginning to carry out any of those activities. If the release of hexavalent chromium compounds from a tank is controlled by limiting the surface tension of the solution, the notice must state whether a tensiometer or a stalagmometer is or will be used to measure surface tension. Every person that intends to change either the method of controlling the release of hexavalent chromium compounds from a tank or the surface tension measurement method for a tank must notify the Minister of that intention at least 30 days before the day on which the change is to be implemented. Every person that controls the release of hexavalent chromium compounds from a tank by using a point source must use a control device in the emission collection system; and subject to subsection (2), must not release more than 0.03 mg/dscm of hexavalent chromium, if measured separately, or, in any other case, of total chromium, from any point source. If a point source is being used to control the release of hexavalent chromium compounds from a tank located at a facility at which chromium electroplating, chromium anodizing or reverse etching is carried out on the day on which this section comes into force, paragraph (1)(b) applies 30 months after that day. Subject to subsections (2) and (3), every person required to comply with paragraphs 4(1)(a) and (b) must, at each point source, perform a release test establishing compliance with paragraph 4(1)(b); and thereafter, perform a new release test at least every five years after the day on which the most recent test establishing compliance with paragraph 4(1)(b) was performed. Subject to subsection (3), if, within 24 months before the day on which this section comes into force, the person has performed a release test, they may perform a new release test every five years after the day on which that test was performed if the following conditions are met: the test performed before the coming into force of this section was conducted in accordance with subsection (4) at each point source; the average of three sampling runs from that test did not exceed 0.03 mg/dscm of hexavalent chromium, if measured separately, or, in any other case, of total chromium, from any point source; and within 60 days after the coming into force of this section, the person submits to the Minister a report of the results of that test together with the information required under paragraphs 11(1)(b) to (k). Every person that performs one of the following operations must, within 75 days after completing the operation, perform a release test at each point source establishing compliance with paragraph 4(1)(b) and thereafter, perform a new release test at least every five years after the day on which the most recent test establishing compliance with paragraph 4(1)(b) was performed: replacing a control device; increasing by more than 25% the total surface area of the solution in one or more tanks connected to a control device; installing one or more tanks to increase by more than 25% the total surface area of the solution in the tanks connected to a control device; or making changes to the ventilation system connected to a tank that affect the velocity or the flow rate of the ventilation other than a change that results from removing or isolating a tank from that system if the release of hexavalent chromium compounds from that tank is not controlled by using a point source. The following conditions apply in respect of every release test performed under this section: the test must be performed under representative operating conditions without using dilution air; the sampling must be performed in accordance with generally accepted standards of good scientific practice at the time of the sampling by a sampler trained to perform release sampling for chromium using a documented and validated method, and consist of three two-hour sampling runs, each of which results in a minimum sample volume of 1.7 dscm; any analysis of the sample must be performed by a laboratory that meets the following conditions at the time of analysis: it is accredited under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or under the Environment Quality Act, CQLR, c. Q-2, and the scope of its accreditation includes the parameters that are analyzed; the analysis of the sample from each of the three sampling runs must be performed with an analytical method whose precision and accuracy are based on a minimum of seven replicate samples and that has a method detection limit of at least 8 µg/L of chromium, a precision of 5% relative standard deviation at 10 times the method detection limit, and an accuracy of 100% ± 5% based on analyte recovery at least 10 times the method detection limit; and the average of three sampling runs must not exceed the chromium release limit prescribed in paragraph 4(1)(b). Every person that intends to perform a release test under this section must notify the Minister at least 30 days before performing the test, specifying the civic address of the facility at which and the three-day period within which the test will be performed. Subject to subsection (3), in relation to each control device used, every person referred to in section 4 must prepare and implement an inspection and maintenance plan requiring an inspection at least every three months to verify that the control device’s internal and external surfaces and its external components, including its control panel, are free from any fracture or deformation; the ductwork between the control device and any tank does not leak and is not broken; the filtering media within the control device are free of any blockage and there is no buildup that would affect the operation of the device; and there are no visible signs of hexavalent chromium compounds at the exit of the control device. In relation to each control device used with a composite mesh pad system, the inspection and maintenance plan must also include the following tasks: verifying that there is no buildup on the mesh pads; and if the mesh pads are not continuously washed, washing the mesh pads for at least 20 minutes if the manufacturer’s recommendations provide for less frequent washing than twice during every eight hours of operation, in accordance with the manufacturer’s recommendations, or in any other case, at least twice during every eight hours of operation with an interval of at least three hours between washes. If a point source is being used to control the release of hexavalent chromium compounds from a tank located at a facility at which chromium electroplating, chromium anodizing or reverse etching is carried out on the day on which this section comes into force, subsection (1) applies 30 months after that day. Every person implementing the inspection and maintenance plan must if they identify any defect in the course of implementing the plan, cease any chromium electroplating, chromium anodizing or reverse etching, correct the defect and verify that the defect has been corrected before resuming any of those activities; and keep a record that contains the following information: the date on which each inspection and maintenance task was performed, a description of each inspection and maintenance task performed, the date on which each defect was identified, and a description of the measures taken to correct the defect. Subject to subsection (2), every person that controls the release of hexavalent chromium compounds from a tank by limiting the surface tension of the solution containing a hexavalent chromium compound must maintain that surface tension in the tank at a value of less than 35 dyn/cm if the surface tension is measured with a tensiometer; or 45 dyn/cm if the surface tension is measured with a stalagmometer. If surface tension limiting is being used to control the release of hexavalent chromium compounds from a tank located at a facility at which chromium electroplating, chromium anodizing or reverse etching is carried out on the day on which this section comes into force, subsection (1) applies three months after that day. Every person referred to in subsection (1) must measure and record, for each tank, the surface tension of the solution containing the hexavalent chromium compound once every day during which the tank is used, and the measurements must be taken at least 16 hours apart. The surface tension must be measured in accordance with the instructions of the tensiometer or stalagmometre manufacturer, as the case may be. If a tank is unused for more than 24 consecutive hours, every person referred to in subsection (1) must, before resuming chromium electroplating, chromium anodizing or reverse etching, measure the surface tension of the solution containing the hexavalent chromium compound in the tank and, if necessary, reduce the surface tension to less than the value prescribed in paragraphs (1)(a) or (b), as applicable. Every person that controls the release of hexavalent chromium compounds from a tank by using a tank cover must ensure that the cover is closed while chromium electroplating, chromium anodizing or reverse etching is taking place and that the cover has the following characteristics: it completely encloses the open surface area of the tank; it has a seal that joins the cover to the tank; it has a membrane that is inset in the cover, that has a minimum surface area of 0.28 m2/kA of current and that has pore openings not larger than 1 µm; and it has an evacuation device that is attached to the outside of the cover and that has a HEPA filter with pore openings not larger than 0.1 µm. Subject to subsection (2), every person referred to in section 8 must prepare and implement an inspection and maintenance plan that is in accordance with the instructions of the manufacturer of the tank cover; and includes at least the following tasks: induction of an external pressure on the membrane while the tank cover is closed and the tank is in operation to verify that the membrane moves outward, each day that the cover is used, drainage of the air inlet by purging the air valves at the end of each day during which the person operates the tank or at the end of each plating, anodizing or reverse etching cycle and, if the membrane does not move inward during the purge, verification of the seal of the tank cover, inspection of the access doors and membranes at least once per week to determine whether the tank cover leaks and whether there are any tears in the membrane, drainage of the evacuation device into the tank at least once per week, inspection of the membrane for perforations at least once per month using a light source that illuminates the membrane, inspection, at least once per month, of all clamps that hold the tank cover closed in order to verify that they keep the cover closed, and replacement of any defective clamps, inspection of all piping to and all piping from the evacuation device at least once every three months to verify that there are no leaks and no evidence of deterioration, and replacement of the HEPA filter on the evacuation device at least once per year. If a tank cover is being used to control the release of hexavalent chromium compounds from a tank located at a facility at which chromium electroplating, chromium anodizing or reverse etching is carried out on the day on which this section comes into force, subsection (1) applies six months after that day. Every person performing an inspection or maintenance task under the inspection and maintenance plan must if they identify any defect in the course of the inspection or maintenance task, cease any chromium electroplating, chromium anodizing or reverse etching, correct the defect and verify that the defect has been corrected before resuming any of those activities; and Subject to subsection (2), every person referred to in section 8 must, before the first use of the tank cover, and every three months after that, conduct a smoke test while the cover is closed to determine whether it leaks. If a tank cover is being used to control the release of hexavalent chromium compounds from a tank located at a facility at which chromium electroplating, chromium anodizing or reverse etching is carried out on the day on which this section comes into force, the person must conduct the smoke test no later than six months after that day and every three months after that. The smoke test must be conducted using a smoke test device that generates 15 to 30 m3 of smoke for every 2 m2 of tank surface and using a process that allows the smoke test device to burn completely inside the tank while the tank cover is closed and to fill the space under the cover with smoke. If the smoke test detects a release of smoke from the tank cover, the person must, before using the tank for chromium electroplating, chromium anodizing or reverse etching, perform the necessary repairs and repeat the test until there are no leaks of smoke from the cover. The person must record the dates on which the smoke tests were conducted, the results of those tests, the name of the manufacturer of the smoke test device, a description of the steps taken in conducting each test and the sequence in which those steps were performed and, if applicable, the location of any leaks and the measures taken to correct any defects. Every person that performed a release test under section 5 must, within 75 days after the last sample is taken for the test, submit to the Minister a report containing the following information respecting each point source and those tanks using the point source control method: the date the sampling was performed, the time at which the sampling was started and the time at which it was completed; the test results; the location on a floor plan of the point source and of any tanks, control devices and fans that were connected to the point source at the time the sampling was performed; the test method used; in respect of tanks connected to the point source at the time of the sampling, the number of tanks in use and the number of tanks that were not in use, if any; a description of the ventilation system for each tank in use and connected to the point source at the time the sampling was performed; the respective diameters of the ducts linking each tank in use to a control device at the time the sampling was performed; the electrical output setting for each tank’s rectifier at the time the sampling was performed; if a stack was used at the time the sampling was performed, the dimensions of the stack, the diameter and location of each sampling port in relation to the point of release from the stack and, if an extension was required to conduct the three sampling runs of the test, the type of extension, its dimensions and the location on the extension of each sampling port; the dimensions, type and the name of the manufacturer of each control device in use at the time the sampling was performed and the model and the name of the manufacturer of each control device fan in use at the time the sampling was performed and its rated capacity as established by its manufacturer; and the concentration, in mg/dscm, of hexavalent chromium, if measured separately, or, in any other case, of total chromium, released during each of the three sampling runs required and the average concentration calculated for those runs. Every person referred to in section 7 must submit to the Minister, no later than July 31 of every calendar year, a report setting out the surface tension recorded from January 1 to June 30 of the year in question, and must submit, no later than January 31 of the next calendar year, a report setting out the surface tension recorded from July 1 to December 31 of the preceding calendar year. For the year in which this section comes into force, only one report must be submitted, setting out the surface tension recorded during the remainder of that year, no later than January 31 of the year following the year this section comes into force. The reports required under this section must be in a form determined by the Minister. For the purposes of paragraph 95(1)(a) of the Act, where there occurs or is a likelihood of a release into the environment of a hexavalent chromium compound in contravention of these Regulations, the written report must contain the following information: the name, civic address and telephone number of the person submitting the report; the civic address of the facility where the release occurred or is likely to occur; in the case of a release, the date, time, duration and exact location of the release; in the case of the likelihood of a release, the date, time and location where the release is likely to occur; the estimated quantity of hexavalent chromium compound that was released or is likely to be released; a description of the circumstances leading to the release or likely release, including identification of its cause, if known, and any corrective action taken; a description of measures taken to remedy, reduce or mitigate any danger that results from the release or that may reasonably be expected to result if the release were to occur; and the identification of all persons and agencies notified as a result of the release or likely release. Any notice or report submitted to the Minister under these Regulations must be dated and signed in the case of a corporation, by a person authorized to do so; and in any other case, by the person submitting the notice or report or by a person authorized to act on their behalf. The person submitting the notice or report must include the following information: their telephone number and fax number, if any, including the area code; their e-mail address, if any; the name of the owner or operator of the chromium electroplating, chromium anodizing or reverse etching equipment; the civic address at which the equipment is located; the postal address, if different from the civic address; and the name and title of the person who signed the notice or report and their e-mail address, if any. The owner or operator of chromium electroplating, chromium anodizing or reverse etching equipment must keep all records, reports, inspection and maintenance plans, floor plans depicting the location of tanks and, if applicable, the location of control devices and fans, test results and other information required by these Regulations at the facility where that equipment is located or, on notification to the Minister, at any other place in Canada where the documents can be inspected for a period of at least five years beginning on the date of their creation. The person submitting the notice must specify the civic address at which the records, reports, plans, test results and other information can be inspected and identify each facility to which each of those records, reports, plans, test results and other information pertains. Subject to subsection (2), these Regulations come into force 30 days after the day on which they are registered. The definitions chromium anodizing, chromium electroplating, representative operating conditions, reverse etching and tank in section 1 come into force on the day on which these Regulations are registered.