|Subject||Rule Purpose according to the SRIA|
The opening paragraph of the SRIA sets forth the purpose for the rulemaking. It is artfully crafted, but misleads the CARB board and the people of California. It states "The electrolytic processes associated with plating operations cause mists containing hexavalent chromium to be released from plating tanks, which are eventually emitted into outdoor air through building openings and vents. Despite control systems installed at chrome plating facilities, hexavalent chromium emissions continue to be released from facilities into the surrounding environment and communities. Fugitive emissions occur because the control systems do not capture 100 percent of the emissions from these facilities. Many of these facilities are located close to sensitive receptors (e.g., schools, residential care facilities, and homes where children and elderly reside), and are also located in disadvantaged communities." Let's look at how misleading that paragraph is and how it is being misapplied by CARB. "The electrolytic processes associated with plating operations cause mists containing hexavalent chromium to be released from plating tanks, which are eventually emitted into outdoor air through building openings and vents". This statement is NOT factually correct at hard chrome plating facilities with emission control systems. At hard chrome plating facilities, 100% of hard chrome plating tank mists are captured by the push pull headers of the emission control systems and directed into HEPA filters which at 99.97% efficiency reduce the pollutants to nearly nothing, This is confirmed by regulatorily required source testing. CARB knows this and SCAQMD knows this. But the writer needs to setup an argument about fugitive emissions and they need the reader to believe that mists are created and flying around in the air. They also want the reader to believe these emissions are coming from plating tanks and not from rinse or other associated tanks (for example, dichromate seal tanks) - which is a VERY important distinction. It takes a stretch of logic to call a dichromate seal tank a "plating tank" but that is what the writer does. Let's look at the next sentence. "Despite control systems installed at chrome plating facilities, hexavalent chromium emissions continue to be released from facilities into the surrounding environment and communities." CARB may have reasons for being vague with this statement but it is highly misleading. It is a diplomatic allusion to joint failures of the regulatory community) and the management practices at unnamed facilities in Southern California. CARB may not want to be specific about the facilities but a review of media reports lead to identification of Anaplex in Paramount and Hixson Metal Finishing in Newport Beach. If there are others, CARB has not identified them or the situations to which they allude. So there is no way to comment on them. For the record, it is very important to recognize that Anaplex is NOT a hard chrome plater and Hixson Metal Finishing is NOT a hard chrome plater. Neither of these firms had hard chrome plating tanks with HEPA emission control systems. The sentence is constructed artfully. It wants the reader to believe the facilities had emission controls. The truth? The facilities DID have emission controls, but certain tanks did not. As a result, there were releases into surrounding communities. CARB and SCAQMD should disclose to the public in a straight-forward way that the regulators did not require emission control systems on those dichromate seal tanks. CARB may have other data from which they can support the their contention of fugitive emissions but the lack of specificity and quantification is notable. "Fugitive emissions occur because the control systems do not capture 100 percent of the emissions from these facilities." This is an artfully worded, factually true statement that implies equality between hard chrome plating tanks with HEPA systems capturing 99.97% of hex chrome, and to un-controlled dichromate tanks which happen to be located in a facility with controls. There is no distinction made about the level of fugitive emissions from the two vastly different facilities. It is used in this purpose paragraph to justify a sledgehammer approach which will be used to eliminate all chrome plating. "Many of these facilities are located close to sensitive receptors (e.g., schools, residential care facilities, and homes where children and elderly reside), and are also located in disadvantaged communities." This is a true statement. The sentence could have said "Many of these facilities are located close to sensitive receptors and many are NOT located close to sensitive receptors." That is also a true statement but it does not serve the writer's cause to say it that way. The writer continues, "Some...are also located in disadvantaged communities". True. But, unsaid, some are NOT located in disadvantaged communities. Our facility is located in a community that is not scored by CalEnviroScreen because there is no residential population. Hixson Metal Finishing is located in a community with a 65th percentile score on CalEnviroScreen. Most readers will not perceive Newport Beach as a disadvantaged community. The misleading purpose statement contained in the SRIA creates a decision environment for the CARB board which, in my opinion, creates a potential legal liability for the CARB and the State of California. The purpose as stated in the ISOR does not match the purpose in the SRIA. Further, since the rule would eliminate infrastructure that supports the largest industries in the state (Tourism, Agriculture, Automotive, Aerospace) some serious restructuring of this ATCM must be done. It is obviously unfair to hard chrome platers who have invested in HEPA systems and are compliant with the SCAQMD rules. It is unfair to California workers at impacted facilities and at links in the supply chains which are supported by hexavalent hard chrome platers. Please reconsider your approach to this rule-making.
|Original File Name|
|Date and Time Comment Was Submitted||2023-01-15 07:25:31|
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