Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations

5 (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) any analysis of the sample must be performed by a laboratory that meets the following conditions at the time of analysis:

  • (i) it is accredited

    • (A) 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

    • (B) under the Environment Quality Act, CQLR, c. Q-2, and

  • (ii) the scope of its accreditation includes the parameters that are analyzed;

• (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.