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Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations (SOR/2009-162)

Regulations are current to 2019-08-28 and last amended on 2009-07-04. Previous Versions

Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations

SOR/2009-162

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2009-06-04

Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations

P.C. 2009-863 2009-06-04

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, 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;

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, 1999Footnote b, hereby makes the annexed Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations.

Interpretation

 The following definitions apply in these Regulations.

Act

Act means the Canadian Environmental Protection Act, 1999. (Loi)

chromium anodizing

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

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

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

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

dscm means a dry standard cubic metre of sample gas referenced to 25°C and 101.325 kPa. (dscm)

evacuation device

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

facility means a place at which chromium electroplating, chromium anodizing or reverse etching is performed. (installation)

HEPA filter

HEPA filter means a high-efficiency particulate air filter. (filtre HEPA)

hexavalent chromium

hexavalent chromium means chromium in an oxidation state of +6. (chrome hexavalent)

point source

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

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

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

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

tank means the container in which chromium electroplating, chromium anodizing or reverse etching is carried out. (cuve)

total chromium

total chromium means the sum of hexavalent chromium and all other species of chromium. (chrome total)

Application

 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.

General Requirements

  •  (1) Every person referred to in section 2 must control the release of hexavalent chromium compounds from each tank by one of the following methods:

    • (a) using a point source in accordance with sections 4 to 6;

    • (b) limiting the surface tension of the solution in the tank in accordance with section 7; or

    • (c) using a tank cover in accordance with sections 8 to 10.

  • (2) 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,

    • (a) 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

    • (b) in any other case, at least 30 days before beginning to carry out any of those activities.

  • (3) 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.

  • (4) 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.

Use of a Point Source

Conditions

  •  (1) Every person that controls the release of hexavalent chromium compounds from a tank by using a point source

    • (a) must use a control device in the emission collection system; and

    • (b) 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.

  • (2) 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.

Release Test

  •  (1) Subject to subsections (2) and (3), every person required to comply with paragraphs 4(1)(a) and (b) must, at each point source,

    • (a) perform a release test establishing compliance with paragraph 4(1)(b); and

    • (b) 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.

  • (2) 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:

    • (a) the test performed before the coming into force of this section was conducted in accordance with subsection (4) at each point source;

    • (b) 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

    • (c) 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).

  • (3) 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:

    • (a) replacing a control device;

    • (b) increasing by more than 25% the total surface area of the solution in one or more tanks connected to a control device;

    • (c) 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

    • (d) 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.

  • (4) The following conditions apply in respect of every release test performed under this section:

    • (a) the test must be performed under representative operating conditions without using dilution air;

    • (b) the sampling must

      • (i) 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

      • (ii) consist of three two-hour sampling runs, each of which results in a minimum sample volume of 1.7 dscm;

    • (c) the analysis of the sample from each of the three sampling runs must be performed in accordance with generally accepted standards of good scientific practice at the time of the analysis by a laboratory located in Canada

      • (i) that is accredited by a Canadian accrediting body under the International Organization for Standardization standard ISO/IEC 17025: 2005 entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time, and

      • (ii) whose accreditation includes the analysis of chromium within its scope of testing;

    • (d) 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

      • (i) a method detection limit of at least 8 µg/L of chromium,

      • (ii) a precision of 5% relative standard deviation at 10 times the method detection limit, and

      • (iii) an accuracy of 100% ± 5% based on analyte recovery at least 10 times the method detection limit; and

    • (e) the average of three sampling runs must not exceed the chromium release limit prescribed in paragraph 4(1)(b).

  • (5) 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.

 
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