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

Limiting the Surface Tension

• 7 (1) 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

  • (a) 35 dyn/cm if the surface tension is measured with a tensiometer; or

  • (b) 45 dyn/cm if the surface tension is measured with a stalagmometer.

• (2) 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.

• (3) 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.

• (4) The surface tension must be measured in accordance with the instructions of the tensiometer or stalagmometre manufacturer, as the case may be.

• (5) 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.

Use of a Tank Cover

Conditions

8 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:

• (a) it completely encloses the open surface area of the tank;

• (b) it has a seal that joins the cover to the tank;

• (c) 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

• (d) 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.

Inspection and Maintenance of Tank Covers

• 9 (1) Subject to subsection (2), every person referred to in section 8 must prepare and implement an inspection and maintenance plan that

  • (a) is in accordance with the instructions of the manufacturer of the tank cover; and

  • (b) includes at least the following tasks:

    • (i) 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,

    • (ii) 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,

    • (iii) 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,

    • (iv) drainage of the evacuation device into the tank at least once per week,

    • (v) inspection of the membrane for perforations at least once per month using a light source that illuminates the membrane,

    • (vi) 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,

    • (vii) 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

    • (viii) replacement of the HEPA filter on the evacuation device at least once per year.

• (2) 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.

• (3) Every person performing an inspection or maintenance task under the inspection and maintenance plan must

  • (a) 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

  • (b) keep a record that contains the following information:

    • (i) the date on which each inspection and maintenance task was performed,

    • (ii) a description of each inspection and maintenance task performed,

    • (iii) the date on which each defect was identified, and

    • (iv) a description of the measures taken to correct the defect.

• 10 (1) 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.

• (2) 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.

• (3) 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.

• (4) 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.

• (5) 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.

Reporting and Notices

• 11 (1) 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:

  • (a) the date the sampling was performed, the time at which the sampling was started and the time at which it was completed;

  • (b) the test results;

  • (c) 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;

  • (d) the test method used;

  • (e) 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;

  • (f) a description of the ventilation system for each tank in use and connected to the point source at the time the sampling was performed;

  • (g) the respective diameters of the ducts linking each tank in use to a control device at the time the sampling was performed;

  • (h) the electrical output setting for each tank’s rectifier at the time the sampling was performed;

  • (i) 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;

  • (j) 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

  • (k) 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.

• (2) 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.

• (3) 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.

• (4) The reports required under this section must be in a form determined by the Minister.

12 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:

• (a) the name, civic address and telephone number of the person submitting the report;

• (b) the civic address of the facility where the release occurred or is likely to occur;

• (c) in the case of a release, the date, time, duration and exact location of the release;

• (d) in the case of the likelihood of a release, the date, time and location where the release is likely to occur;

• (e) the estimated quantity of hexavalent chromium compound that was released or is likely to be released;

• (f) a description of the circumstances leading to the release or likely release, including identification of its cause, if known, and any corrective action taken;

• (g) 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

• (h) the identification of all persons and agencies notified as a result of the release or likely release.

• 13 (1) Any notice or report submitted to the Minister under these Regulations must be dated and signed

  • (a) in the case of a corporation, by a person authorized to do so; and

  • (b) in any other case, by the person submitting the notice or report or by a person authorized to act on their behalf.

• (2) The person submitting the notice or report must include the following information:

  • (a) their telephone number and fax number, if any, including the area code;

  • (b) their e-mail address, if any;

  • (c) the name of the owner or operator of the chromium electroplating, chromium anodizing or reverse etching equipment;

  • (d) the civic address at which the equipment is located;

  • (e) the postal address, if different from the civic address; and

  • (f) the name and title of the person who signed the notice or report and their e-mail address, if any.

Record Keeping

• 14 (1) 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.

• (2) 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.

Coming into Force

• 15 (1) Subject to subsection (2), these Regulations come into force 30 days after the day on which they are registered.

• (2) 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.