Document re0nOvKRJOyxVeX6JdaaK4kwE

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO , IL 60604-3590 DEC 2 1 2018 REPLY TO THE ATTENT ION OF: VIA E-MAIL Terrance Adrian, General Manager and Owner Hydro-Platers, Inc. 3525 West Kiehnau Avenue, Milwaukee, Wisconsin 53209 Email: Terrv<@hydro-platers.com Dear Mr. Adrian: Enclosed is a file-stamped Consent Agreement and Final Order (CAFO) which resolves Hydro- Platers, Inc., docket no. CAA-05-2019-0008 . As indicated ~ thJ. filing stamp on its first page, we filed the CAFO with the Regional Hearing Clerk on /2 ','l/'lP}f . Pursuant to paragraph 99 of the CAFO, Hydro-Platers, Inc. must pay t~ civil penalty within 30 days of the filing date. Your check or electronic funds transfer must display the case name and case docket number. Please direct any questions regarding this case to Terence Branigan, Office of Regional Counsel, (312) 353-4737. Sarah Marshall, Chief Air Enforcement and Compliance Assurance Section (MUWI) Enclosure cc: Ann Coyle, Regional Judicial Officer, covle.ann(a),epa.gov Regional Hearing Clerk/E-19J Donald P. Gallo, Esq., d2:allor@axley.com Terence Branigan, brani gan.terence(a),epa.gov Maria Hill, Wisconsin Department of Natural Resources /via email Recycled/Recyclable Printed with Vegetable Oil Based Inks on 100% Recycled Paper (100% Post Consumer) In the Matter of; Hydro-Platers,Inc. Milwaukee, Wisconsin, Respondent. ) Docket No. ) CAA-05-2019-0008 ) Proceeding to Assess a Civil Penalty ) Under Section 113(d) of the Clean Air Act, ) 42 u.s.c. 74l3(d) ) Consent Agreement and Final Order Preliminarv Statement l. This isa:n administrative action commenced and concluded under Section 113(d) ofthe Clean Air Act (the. CAA), 42 U.S.C. 7413{d), and Sections 22. l(a)(2), 22. B{b) and 22.18(h)(2) and (3) of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Pemuts (Consolidated Rules),as codified at40 C.F.R. Pait 22. 2. Complainant is the Director of the Air and Radiation Division, U.S. Environmental l;'rotection Agency (EPA), Region 5. 3. Respondent is Hydro-Platers, Inc.. (Hydro-Platers), a corporation doing business in Wisconsin. 4. Where the parties agree to settle one or more causes of action before the filing of a complaint, the administrative action may be commenced and concluded simultaneously by the issuance ofa consent agreement and fmal order (CAFO}. 40 C.F.R. 22. B(b). 5. The parties agree that settling this action without the filing of a complaint or the adjudication of any issue of fact or law is in their interest aod in the public interest 6. Respondent consen1s to the assess.-nent ofthe civil penalty specified in this CAFO and to the terms of this CAFO. Jurisdiction and \Vaiver ofRight to Hearing 7. Respondent adn'lits the jurisdictional allegations in this CAFO and neither admits nor denies the factual allegations in this CAFO. 8. Respondent Waives its rightto request a hearing as provided at 40 C.F.R. 22.15(c), any right to contest the allegations in this CAFO and its right to appeal this CAFO. Statutorv and Regulatory Background 9. Section 112(d) of the CAA, 42 U.S.C. 7412(d), authorizes EPA to promulgate regu]ations for particular industrial sources that emit one or more of the hazardous air pollutant (HAPs) listed in Section 112(b) ofthe CAA, 42 U.S.C. 74l2(b), in significant quantities. 10. Section 112(i)(3) ofthe CAA, 42 U.S.C. 7412(i)(3), and40 C.F.R. 63.4 prohibit the ov.ner or operator of any source from operating such source in violation of any National Emission Sta.."'ldards for Hazardous Air Pollutant applicable to such source. IL Pursuant to Section 112(d) ofthe CAA, 42 U.S.C. 7412(d), EPA promulgated the National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromimn Anodizing Tanks, at 40 C.F.R Part 63, 40 C.F.R. 63.340 through 63348, Subpart N. (Subpart N), on January 25, 1995, and the National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations, 40 C.F.R. Part 63, at 40 C.F.R 63.11504 through 63.li513, Subpart WWWWWW (Subpart 6W), on July 1, 2008, See 60 Fed. Reg. 4948. (Jan. 25, 1995) and 73 Fed. Reg. 37741 {July 1, 2008), respectively.1 1 Effective September 19, 2012, EPA amended Subpart N to rnclude, among other 1hings, revised emission limits, with a compliance date for existing sources of Seplember 19, 2-014. See 77 Fed. Reg. 58220 {September 19, ~O12). 2 Regulatorv Requirements under Subpart N 12. Pursuant to 40 C.F.R. 63..340(a), Subpart N applies, in part, to each chromium electroplating tank at facilities performing hard chroiriimn electroplating, each of which is an ''affected source" for purposes of SubpartN. 13. Subpart N, at40 C.F.R. 63.342(a)(l), states, in part, that at all times, each o"'ner and operator must operate and maintain any affected.source subject to the requirements of [Subpart Nl, including associated air pollution control equipment and monitoring equipmem, in a manner consistent with safety and good air pollution control practices for minimizing emissions. 14. Subpart N, at 40 C.F.R. 63.341(a), defines "existing affected source" in pertinent part as an affected hard chromhnn electroplating tank ..., the construction or reconstruction of which commenced on or before February&,.2012. 15. Subpart N, at 40 C.F.R. 63.341(a), defines "'hard chromium electroplating" as ihe process by which a thick layer of chromium (typically 1.3 to 760 microns) is electrodeposited on . a base material to provide a surface wiih functional properties such as wear resistance, a low coefficient of friction, hardness, and corrosion resistance. 16. Subpart N, at 40 C.F.R. 63.342(a), provides that eachmvner or operator ofan affected source subject to ihe provisions ofSubpart N shall comply with the requirements of Subpart N en and after the compliance dates specified in 40 C.F.R. 63.343(a). 17. Subpart N, prior to ihe revisions that vvere effective September 19, 2012, at 40 C.F.R. 63.343(a)(l)(ii), required, in part,. that the owner or operator ofan existing hard chromimn electroplating tank shall comply wlih the emission )imitations set forth in 40 C.F.R. 63.342 no later 1han 2 years after January 25, 1995. Effective September 19, 2012, EPA amended Subpart N, at40 c.F.R. 63.343(a)(l), to require that 1he owner or operator of an 3 existing affected source shall comply with revised emission .limits in 40 C.F.R. 63.342 no later than September 19, 2014. 18. Subpart N, at 40 C.F.R. 63.342(c)(l)(i),2 as revised, states, in part, tbat during tank operation, each owner or operator ofan open-surface hard chromium electroplating tank that is an existing affected source located ata large, hard chromium electroplating fadlity shall control chromium emissions discharged to the atmosphere from that affected source by not allowing the concentration oftotal chromium in tbe exhaust gas stream discharged to the atmosphere to exceed 0.011 milligrams of total chromium per dry standard cubic meter (mg/dscm). 19. Subpart N, at 40 C.F.R. 63.34 l(a), defines "large, hard chromium electroplating facility" as a facility that performs hard chromium electroplating and has a maxirrmmcumulative potential rectifier capacity greater than or equal to 60 million ampere-hours per year (amp-hr/yT). 20. Subpart N, at 40 C.F.R. 63.343(b)(l) as revised, requires, in part, that1'9e owner or operator of an affected source conduct an initial performance test as required under 63.7, lliing the procedures and test meihods listed in 63.7 and 63.344 on or before lvfarch 18, 2015. 21. Subpart N, at 40 C.F.R. 63.347(e)(3), requires tbat the owner or operator ofan affected source that is required to conduct a performance test by 63.343(h), submit 1he notificaiion of compiiance status no later than 90 calendar days folfowing completion of ihe compliance demonstration required by 63.7 and 63.343(b). ' 40 C.F.R. fil.342(c) includes standards applicable to open-surface hard ehromiwn-electroplating tanks, whicli 40 C.F.R. 63.34 l(a) de.fines as clrromium-'clectroplating tanks that are ventilated at a rate consistent with good ventilation practices for open tanks. ' 4 22. Subpart N, at 40 C.F.R. 63.347(f)(1), requires that the owner or operator of an affected source report the results ofany performance test con.ducted as required by 63.7 or 63.343(b). 23. SubpartN, at 40 C.F.R. 63.347(f)(2), states that reports ofperformance test results shall be submitted no later than 90 days follov,ing the completion of the perfurmance test, and shall be submitted as part of the notification of compliance status required by 63.347(e). 24. Subpart N, at 40 C.F.R. 63.342(f), states, in part, tbatall owners and operators subject to the standards in 40 C.F.IL 63 .342(c) are subject to the operation .and maintenance practices of40 C.F.R. 63.342(). 25. 40 C.F.IL 63.342()(3)(i) .requires that the ovmer or operator of an affected source subject to 40 C.F.R. 63.342() prepare an operation and maintenance plan no later than the compliance date, which shall include: (A) operation and mainterumce criteria for the affected source, the add-on air pollution control device (if such a device is used to comply with the emission limits), and the process and control system monitoring equipment, and a standardized checklist to document 1he operation and maintenance of this equipment; (B) for sources using an add-on control device or monitoring equipment to comply With this subpa,."t, 1he operation and maintenance practices for that device or moni:toring equipment, as identified in Table l of 40 C.F.R. 63.342, if the specific equipment used is identified in that table; ...(D) procedures to be followed to ensure that equipment or process malfunctions due to poor maintenlll;l.ce or other preventable conditions do not occur; and (E) a systematic procedure for identifying malfunctions of process equipment, add-o.n air pollution control devices, and process and control system monitoring equipment and for implementing corrective actions to address such malfunctions. 26. Table 1 of40 C.F.R. 63.342 states that for composite mesh-pad systems, the owner or operator of an affected source shall: 1}visually inspect the device to ensure there is 5 proper drainage, no chronic acid buildup on tlie pads, and no evidence of chemical attack on the structural integrity ofthe device; 2) ,isually inspect the back portion ofthe mesh pad closest to the fan to ensure there is no breakthrough of chromic acid mist; 3) visually inspect ductwork from the tank to the control de,ice to ensure there are no leaks; and 4) perform washdown ofthe composite mesh-pads in accordance with manufacturer's recommendations. 27. Subpart N, at 40 C.F.R. 63341(a), defines a "composite mesh-pad system" as an add0 on pollution control device typically consisting of several meshi_)ad stages, where the first stage removes large particles, the second stage, which consists ofthe composite mesh pad, removes smaller particles, and may include a final stage that removes any re-entrained particles not collected by the composite mesh pad. 28. Subpart N, at40 C.F.R 63343(c), requires that the owner or operator of an affected source subject to fue emission limitations ofSubpart N conduct monitoring according to the type of air pollution control technique 1hat is used to comply ,vith the emission limitation. 29. SubpartN, at 40 C.f.R. 63.343(c)(l)(1), requires that the owner or operator of an affected source, or a group of affected sources under conunon control, complying ,vith the emission limitations in 40 C.F.R. 63.342 through the use ofa composite mesh-pad system shall determine the outlet chromium concentration using the test methods and procedures in 40 C.F.R. 63.344(c), and shall establish as a site-specific operating parameter the pressure drop across the system during the initial performanc.e test, setting the value that corresponds to compliance vvifh ihe applicable emission limitaiioo, using the procedures in 40 C.F.R. 63.344(d)(5). 30. Subpart N, at 40 C.F.R. 63 .343(c)(1)(u), requires that, on and after the date on which the initial performance testis required to be comple1edunder 40 C.F.R. 63.7, the owner or operator of m affected. source, or a group of affected sources under common control, shall 6 monitor and record the pressure drop across the composite mesh-pad system once each day that any affected source is operating. 31. Subpart N, at 40C.F.R. 63.346(b)(l), requires that the owner or operator of an affected source subject to the provisions of Subpart N maintain inspection records for the add-on air pollution control device, if such a device is used, and monitoring equipment, to document that the inspection and maintenance required by the work practice standards of 40 C.F.R. 63 .342(f) and Table 1 of 63.342 have taken place. 32. SubpartN, at 40.C.F.R. 63.346(b)(ll), requires that the owner or operator of an affected source subject to the provisions of Subpart N maintain records ofthe total process operating time of the affected source during the reporting period. 33. Subpart N, at40 C.F.R. 63.347(h)(l}, requires that the owner or operator of an affected source that is locaied at an area source prepare a summary report to document tbe ongoing compliance status of!he affocted source tbat contains the information identified in 40 C.F.R. 63.347(g){3)_ 34. Subpart N., at 40 C.F.R. 63.347(g)(3)(vi), states that the summary report shall contain the total operating time ofthe affected source during the reporting period. Regulatorv Requirements under Subpart 6W 35. Pursuant to 40 C.F.R. 63,l 1504(a), Subpa..'t 6W applies to the owner or operator ofa plating and polishing facility that: 1) is an area source ofHAl:' emissions; 2) uses or has emissions of compounds of one or more plating and polishing metal HAPs; and 3) is engaged in 011e or more ofthe listed processes, including non-chromium electroplaiing, electroless plating, and dry mechanical polishing of finished metals and. formed products after plating or thermal spraying. 7 36. Subpart 6W, at40 C.F.R. 63.11504(a)(2), defines an "area source ofHAP emissions" as any stationary source or group of stationmy sources within a contiguous area under common control that does not have the potential to emit any singleJ-LA._P at a rate of 10 tons per ye-ar (tpy) or more and any combination of HAPs at a rate of 25 tpy or more. 37. Subpart 6W, at 40 C.F.R. 63.l1504(a)(3) and 63.11511, defines a "plating and polishing metal HAP" as any compound of cadmium, chromium, lead, manganese, and nickel, or any ofthese metals, other than lead, in the elemental form, with exceptions not relevant here. 38. Subpart 6W, at 40 C.F.R. 63.11511, defines "electroplating" as an electrolytic process that uses or emits any ofthe plating and polishing metal HAPs in which metal ions in a solution are reduced onto the surlace ofthe work piece (cathode) via an electrical current. 39. Subpart6W; at 40 C.F.R. 63.11511, defines "electroless platint'as a non,. electrolytic process that uses or emits any of the plating and polishing metal HAPs in which meiallic ions in a plating ba:-ch or solution are reduced to form a metal coating at the surface of a catalytic substrate without the use of external. electrical energy. 40. Subpart 6\V, at 40 C.F.R. 63.11511, defines "dry mechanical polishing" as a process used for removing defects from and smoothing the surface of finished metals and formed products after plating or thermal spraying v.ith any ofthe plating and polishing metal HAPs using aummatic or manually-operated machines that have hard-faced abrasive wheels or belts and where no liquids or fluids are use<l to trap fhe removed .metal particles. The affected process does not include polishing with use of pastes, liquids, lubricants, or any other added materials. 41. Pursuant to 40 C.F.R. 63.l1505(a), Subpart6W applies, in part, to each existing affected source, v1hlch includes each tank that contains one or more of the plating and polishing metal HAPs and is used for non-chromium electroplating or electroless plating and each dry mechanical poHshing operation that emits one or more of the plating and polishing metal H.,\Ps. 8 42. Subpart 6W, at 40 C.F.R. 63.11505(b), states that a..ri affected source is "existing" if construction or reconstruction of l:he source occurred on or before March 14, 2008. 43. Subpart6W, at 40 C.F.R. 63.11506(a), requires that the owner or operator ofan existing affected source achieve compliance \vith the applicable provisions of Subpart 6W no later than July 1, 2010. 44. Subpart 6W, at 40 C.F.R. 63.11509(a), requires that the o\\ner or operator of an existing affected source submit an 1.-utial Notification that includes the infomiation specified ill 40 C.F.R. 63.9(b)(2)(i) through (iv) of40 C.F.R. Part 63, Subpart A (General Provisions) and a description of the compliance method for the affected source no later than 120 calendar days after July 1, 2008. 45. Subpart 6W, at40 CF.R. 63.l 1508{a) and 63.11509(b), requires that the owner or operator of an affected source submit a Notification of Compliance Status before the close of busine;s on the compliance date specified in 40 C.F.R. 63.11506 and that includes: 1) a list of affected sources and the plating and polishing metal HAPs used in, or emitted by, those sotu-ces; 2) the methods used to comply with the applicable management practices and equipment standards; 3) a description ofthe capture and emission control systems used to comply ,vith the applicable emission standards; and 4) a statement by the ov,ner or operator Df the affected source as to whether the sQurce is in compliance with the applicable s.landards or other requirements. 46. Subpart 6W, at 40 C.F.R.. 63.11508(d)(2) and 63.l1509(c}, requires that the ovmer or operator ofan affected source prepare an annual compliance certification to demonstrate continuous compliance in accotdance with 40 C.F.R. s63. l 1509(cXI) through (7). 47. Subpart 6W, at 40 C.F.R. 63 J15 ll, defines "wetting agent/fume suppressant'' as a:ny chemical agent that reduces or suppresses fumes Dr mists from a plating and polisliing tank by reducing the snrface tension ofthe tank bath. 9 48. Subpart6W, at 40 C.F.R. 63.11509(c)(l), requires that the owner or operator of an affected electroplating tank that is subject ta the requirements of 40 C.F.R. 63.11507(a)(l) and wh.o uses a wetting agent/fume suppressant in the tank to comply with Subpart 6W state. in its annual compliance certification that it has added wetting agent/fume suppressant to the bath according to the manufacturer's specifications and instructions.3 49. Subpart6W, at40 C.F.R. 63.11509(c)(2), requires that the ovmet or operator of a dry mechanical polishing operation that is subject to 40 C.F.R. 63.li507(e) state in its annual CTJmpliance certification that it has operated and maintained tbe control system according to the manufacturer's specifications and instructions.4 50. Subpart 6W, at 40 C.F.R. 63.11508(d)(8){ii) and 63.11509(c)(6), requires that the owner or operator of an affected tank or other operation that is subject to tbe management practices specified in 40 C.F.R. 63. l l 507{g} state in its a,-mual compliance certification that it has implemented the applicable management practices specified in 40 C.F.R. 63.l 15O7(g), as practicable. 51. Subpart 6W, at 40 C.F.R. 63J1509(c)(7), requires that the owner or operator of an affected source prepare each ammal compliance report no later than January 31 of the year immediately fo!lov,mg the reporting period, and requires that each annual compliance report be kept in a readily-accessible location for inspector review. The owner or operator is not required to .iiubmii these reports unless a deviation from the requirements ofSubpart 6W has occurred during the. reporting year, in which case, the annual compliance report must be submitted along 3 40 C.F.R. 63.11507(a)(I) includes standards applicable to affecred electroplating tanks for which the owner or operator uses a wetting agent/fume suppressant in the bath of the tank. 4 40 C.F.R. 63 .l 1507(e) includes standards applicable to affected dry mechanical polishing machines. IO with the deviation report, and postmarked no.later than January 31 of the year immediately fo!lov,,ing the reporting period. 52. Subpart 6W, at 40 C.F.R. 63.11509(e) and (f), requires, among other things, ihat the owner or operator of an affected source keep the records req11ired to show continuous . compliance with each applicable management practice, as specified in 40 C.F.R. 63.11508(d). . These records must be kept for a minimum of 5 years follo,vingthe date of each occurrence, measurement, maintenance, corrective action, or record. Applicabilitv of General Provisions to Subparts N and 6\V 53. Subpart N, at40 C.F.R. 63.340(b), and Subpart 6W, at 40 C.F.R. 63.11510, require that owners or operators of afl'.ected sources subjectto that subpart shall comply with the requirements of1he General Provisions, according to the applicability of the General Pru,1sions to such sources, as identified in Table 1 of Subpart N and Table 1 ofSubpart 6W, respectively. 54. Table l of Subpart N lists 40 C.F.R. 63.4, 63.6(c)(l), and 63.lO(b)(l) oftbe General Provisions as applicable to Subpart N. 55. Table I ofSubpait 6W lists 40 C.F.R. 63.4, 63.6(c)(l), 63.lO(b)(l), and 63. lO(d)(l) of1he General Provisions as applicable to Subpart 6W. 56. The General Provisions, at 40 C.F.R. 63.4(a)(1), require that no owner or operator subjectto the provisions ol' 40 C.F.R. Pait 63 shall operate any affected source in violation of its requirements. 57. The General Provisions, at 40 C.F.R. 63.4(a){2), require that no owner or operator subject to the provisions of40 C.F.R. Part 63 shall fail to keep records, notify, report, or revise reports as required under 40 C.F.R. Part 63. 58.. The General Provisions, at 40 C.F.R. 63.6(c)(l), require that after the effective date of a relevmtstandard established under this part pursuant to Section 112(d) or 112(h} ofthe 11 CAA, t.hat the owner or operator ofan existing affected source comply vvith such standard by the compliance date established in the applicable subpart(s) of 40 C.F.R. Part 63. 59. The General Provisions, at40 C.F.R. 63.lO(b)(l), require that the mvner or operator of an affected source subject to ihe provisions of40 C.F.R Part 63 maintain files of all information re4uired by 40 C.F.R. Part 63 recorded in a form suitable and readily available for expeditious inspection and review. The files shall be maintained for at least 5 years follo,,ing the date of each occurrence, measurement, maintenance, corrective action, report, or record. 60. The General Provisions, at40 C.F.R. 63.lO(dXl), require that the ovmer or operator of an affected source subject to reporting requirements under 40 C.F.R. Part 63 submit reports in accordance with the reporting requirements in the relevant standard(s). Statutory and Regulatory Provisions Regarding Civil Penalties 61. The Administrator ofEPA (the Administrator) may assess a civil penalty ofup to $37,500 per day ofviolation up to a total of $295,000 for CAA violations that occurred a.c4:er January 12, 2009 throughDeeember 6, 2013, $37,500 per day of violation up to a total of $320,000 for CAA violations that occurred after December 6, 2013 through Novernber 2, 2015, and/or $46,192 per day of violation up to a total of$369,532 for violations that occurred after November 2, 2015 under Section l l3(d)(l) of the CAA, 42 U.S.C. 7413(d)(l), and 40 C.F.R. Pa;t 19. 62. Section 113(d)(l) limits the Aqministrator's authotily to matters where the first alleged date ofvioiation occurred no more than 12 months prior to initiation ofthe adnrinistrative action, except where the Administrator and the Attorney General ofthe United States jointly determine that a matter involving a longer period ofviolation is appropriate for an administrative penalty action. 12 63. Tue Administrator and the Attorney General ofthe United States, each through their respective delegates, have determined jointly that an ad.ministrative penalty action is appropriate for the peri.od of violations alleged in this CAFO. Factual Allegations and Alleged Violations 64. Hydro-Platers owns and operates a metal-plating facility at 3525 West K.iehnau Avenue, Milwaukee, Wisconsin, vihereit conducts "hard chromium electroplating," sulfamate nickel "electrop1at\ng," and nickel "electrofoss plating," as those terms are defined.at 40 C.F.R. 63.34l(a)and 63.11511. 65. The facility includes six "open-surface hard chromium-electroplating tanks, as that term is defined at.40 C.F.R. 63.34l(a), that are subject io SubpartN as affected sources, in accordance with 40 C.F.R. 63.340(a). 66. Hydro-Platers identifies these tanks as Tanks 1- 6. 67. Hydro-Platers installed Tanks 1-6 at the facility before January 25, 1995, making. them existing affected sources under Subpart N. 68. The facility has a. maximum cumulative potential rectifier capacity greater than 60 tuitlion amp-hr/yr, making it a large, hard chromium electroplating facility. 69. Emissions from Tanks I, 2, and 3 vent to a common "packed-bed scrubber," (System 1) as that term is defined in 40 C.F.R. 63.34l(a). Tanks 4, 5, and 6 vent to their own, similar system (System 2). 70. The facility includes one sulfumate nickel-electroplating tank to whlchHydroPlaters adds a "wetting agent/fume suppressant" for emissions control, as that term is defined at 40 C.F.R. 63.11511, and two electroless nickel-plating tanks, each of which is subject to Subpart 6W as an affi;cted source, in accordance with40 C.F.R.. 63.11504(a) and 63.11505(a). 13 71. The facility also consists of five ''dry mechanical polishing' machines, as that term iadefinedat40 C.F.R. 63.1151 l, that Hydro-Platers uses both prior to and after plating, each ofwhich is subject to Subpart 6W as an affected soum: in accordance with 40 C.F.R. 63.l l504(a) and 63.l 1505(a). 72. Chromium and nickel are "plating and polishing metal HAPs," as that term is defined at 40 C.F.R 63.H504(a){3) and 63.11511. 73. The :racilify does not have the potential to emit chromium, nickel, or any other HAP ata rate of JO tpy or more or any combinationofHAPsat arateof25 tpy or more, making it an "area source of HAP emissions," as thatterm is defined at 40 C.F.R. 63.11504(a)(2). 74. The facility is a ~plating and polishing facility" v,1ithln the meaning of 40 C.F.R. 63.l1504(a) and 40 C.F.R. 63.11511. 75. On November 6, 2013, EPA inspected the facility for compliance with Subparts N and6W. 76. On November 19, 2014, EPA issued an information request under Section 1!4 of the CAA, 42 U.S.C. 7414, to Hydro-Platers, seeking information concerning i1s compliance with Subparts N and 6W. 77. On December 23, 2014, Hydro-Platers submitted its response to EPA's information request (Information Request Response). 7ft In its Information Reqnest Response, h1 response to EPA' s request for a copy of its operation and maintenance plan as required by Subpart N, Hydro-Platers provided mspectionlmaintenance checklists titled "Operation and Maintenance Program Hexmaster Scrubbers" and "Chrome Scrubber Cleaning Schedule," neither of which includes the. information required under 40 C.F.R. 342(f)(3)(i) for operation and mainterulnce plans for affected sources subject to 40 C.F.R. Part 63, Subpart N. 14 79. In a July 31, 2015, email to Ray Cullen ofEPA, Terry Adrian of Hydro-Platers admits that Hydro-Platers had monitored and recorded the pressure drop across only the final stages of Systems l and 2 instead of the pressure drop across all the stages ofeach system. 80. In its Information Request Response, Hydro-Platers admits that it had not prepared or maintained records ofthe inspections of Systems 1 and 2 and associated monitoring equipment that it is required to conduct per.the work practice standaxds of 40 C.F.R. 63.342(f) and Table l of 63.342. 81. In its Info:rmation Request Response, Hydro-Platers admits that it had not maintained records ofthe total process operating time of the chromium-electroplating tanks at the facility. 82. In its Information Request Response, Hydro-Platers provided EPA Vvith a copy of its Initial Notification, dated October 27, 2008, and Notification of Compliance Status, dated July 1, 2010, for Subpart 6W, neither of which includes the infonna:tion required under 40 C.F.R. 63. l 1509(a) and (b)(2), respectively, for tM dry mechanical polishers at the facility. 83. In its Information Request Response, Hydro-Platers admits that it had never prepared an annual certification of compliance report for Subpart 6W. 84. On September 30, 2015, EPA issued a Finding of Violation (FOV) to Hy-dro-Platers. 85. Hydro-Platers failed to demonstrate initial cori:!plianee by not conducting an adequate initial performance test on or before March 18, 2015, in violation of 40 C.F.R. 63.343(b)(l). 86. Hydro-Platers failed to maintain the emission limit of0.011 mg/dscm of ventilation air for all open surface hard chromium electroplating tanks of System 1, from March 15 19, 2015 to February 16, 2016, in violation of the emission standards of 40 C.F.R. 63.342(c)(l)(i). 87. Hydro-Platers failed to properly monitor and record the pressure drop across Systems 1 and 2 once each day for any day during which any of the chromium-electroplating tanks that are vented to such Systems was operating, in violation of 40 C.F.R. 63.4(a)(l), 63.4(a)(2), 63.lO(b)(l), 63.342(a), 63.343(c)(3) and 63.343(c)(l)(ii). 88. Hydro-Platers failed to maintain records of inspections of Systems 1 and 2 and associated monitoring equipment that it is required to conduct per the work practice standards of 40 C.F.R. 63.342(f) and Table 1 of 63.342, in violation of 40 C.F.R. 63.4(a)(l), 63.4(a)(2), 63.1 O(b)(] ), 63.342(a), and 63.346(b)(1 ). 89. Hydro-Platers failed to maintain records of the total process operating time ofthe chromium-electroplating tanks at the facility, in violation of 40 C.F.R. 63.4(a)(l), 63.4(a)(2), 63.1 O(b)(1 ), 63.342(a), and 63.346(b)(11 ). 90. Hydro-Platers failed to prepare an operation and maintenance plan by January 25, 1997, that includes the information required by 40 C.F.R. 63.342(f)(3)(i), as in effect prior to September 19, 2012, in violationof40 C.F.R. 63.4(a)(l), 63.4(a)(2), 63.lO(b)(l), 63.342(a), and 63.342(f)(3)(i). 91. Hydro-Platers failed to submit a notification of compliance status on or before 90 calendar days following completion ofthe compliance demonstration, in violation of 40 C.F.R. 63.347(e)(3). 92. Hydro-Platers failed to report performance test results on or before 90 calendar days following completion of the compliance demonstration, in violation of 40 C.F.R. 63.347()(2). 16 93. Hydro-Platers failed to prepare semi-annual summary reports to document the ongoing compliance status of the source that contain the total operating time of the chromiumelectroplating tanks at the facility, in violation of 40 CF.R. 63.4(a)(l), 63.4(a)(2), 63.lO{b)(l), 63342(a), and 63.347(h)(l). 94. Hydro-Platers failed to include the dry mechanical polishing machines at the facility in its Initial Notification and Notification of Compliance Status for Subpart 6W, in violation of 40 C.F.R. 63.4(a){1), 63.4(a)(2), 63.lO(b)(l), 63. lO(d)tl), 63J 1506(a), 63.11509(a), 63.ll508(a}, and 63.ll509(b). 95. Hydro-Platers failed to prepare annual compliance certifications for Subpart 6W, in violation of40 C.F.R, 63.4{a)(l), 63.4(a)(2), 63. l O{b)(l), 63.11506(a), 63.11508(d)(2), 63.11509(c), 63.l 1509(e), and 63.11509(1'). 96. On November 16, 2015, EPA met with Hydro-Platers to discuss the FOV. 97. In response to the November 16, 2015 meeting, Hydro-Platers hired a third party to assis-t with bringing the facility into compliance. In addition, Hydro-Platers conducted petformance tests ofits systems between January 26, 2016 and May 19, 2016 to establish the pressure drop across each system. EPA met with Hydro-Platers to discuss perfonnance tests' results and facility's compliance several times in 2016 and 2017, respectively, and Hydro-Platers has submitted additional infonnation to EPA during this time. Civil Penalty 98. Based on analysis ofthe factors specified in Section 113(e) ofthe CAA, 42 U.S.C. 7413(e), the facts of this case and Hydro-Platers's cooperation, prompt return to compliance, and agreement to perform a supplemental environmental project, Complainant has determined that an appropriate civil penalty tu settle this action is $12,215. 17 99. \Vithln 30 days after the effective date ofthis CAFO, Respondent must pay ihe $12,2 I5 civil penalty b)r sending a cashier's or certified chcdc, payable to "Treasurer, United States of America," to: U.S.EPA Fines and Penalties Cincinnati Finan.ce Center P.O. Box 979077 St. Louis, lvfissouri 63197-9000 The check must note Respondent's name and the docket number of this CAFO. 100. Respondent must send a notice ofpayment that states Respondent's name and the docket number of this CAFO to EPA at the fullowing addresses when it pays the pcnalt~~ Terence Branigan (C-14J) Office of Regional Counsel U.S. Environtnenlal Protection Agency, Region 5 77 W. Jackson Boulevard Chicago, Illinois 6060_4 Regional Hearing Clerk (E-19J) U.S. Environmental Protection Agency, Region 5 77 W. Jackson Boulevard Chicago, Illinois 60604 and via e.-mail t-O R5afrenforcementriiepa.Qov 101. Thls civil penalty is not deductible for federal tax purposes. 102. IfRespondent does hot pay timely the civii penalty, or any stipulated penalties due under paragraph 115, below, EPA may request the Attorney General ofthe United States to bring an action to collect any unpaid portion of the penalty with interest, nonpayment penalties and the United States enforcement expenses fur the collection action under Section 113(d)(5) ofthe CAA, 42 U.S,C. 7413(d)(5). The validity, amount and appropriateness ofthe civil penalty are not reviewahle in a collection action. I03. Respondent must paythe follo,ving on any amount overdue under thls CAFO, Interest vdll accrue on any overdue amount from me date payment Wall due at a rate established 18 by the Secretary of the Treaswy pursuant to 26 U.S.C. 6621(a)(2). Respondent must pay the United States enforcement expenses, including, but not limited to attorneys' fees and costs incurred by the United States for collection proceedings. In. addition, Respondent must pay a quarterly nonpayment penalty each quarter during which the assessed penalty is overdue. This nonpayment penalty will be Hl percent ofthe aggregate amount of the outstanding penalties and nonpayment penalties accrued from the beginning ofthe quarter. 42 U.S.C. 7413(d)(5). Supplemental Environment Project 104. Respondent must complete, in compliance with all applicable legal requirements, a supplemental environmental project (SEP) designed to protect public health and the environment by reducing actual emissions ofchromium compounds at Respondent's facility as follows. a. Respondent shall replace their existing System 2 packed-bed scrubber, which includes a mesh pad filter between two stages of packed bed, for controlling chromium emissions (referred to herein as the existing System 2 scrubber) \1th 'an improved emission control system by one year from the effective date of thls CAFO. The improved system will consist of a new three-stage composite mesh pad system using improved mesh pad teclmology which integrates three stages of mash pad filters and no packed beds (compared with only one stage of mesh pad filter in the existing System 2 scrubber), followed by a I-ffiPA filter,. and a recoru.tructed stack (togetl1er referred to as "new combined System 2 control unit"), as generally described in a vendor quote from Plating International, Inc., Option 2 (Attachment A). In addition, Respondent shall demonstrate the improved performance of new combined System 2 control unit in reducing chromium emissions as compared with the eil'.isting System 2 scrubber by perfonning a stack test on the new combined System 2 control unit, as specified 19 in subparagraph 104.c bclow and in the schedule in paragraph 105 below, and comparing the chromium reduction efficiency of the new combined System 2 control unit with the chromium reduction efficiency of the existing System 2 scrubber (as demonstrated by the stack test performed on January 26, 2016). The chromium reduction efficiency ofthe new combined System 2 QPntrol unit shall exceed that ofthe existing System 2 scrubber. The new combined System 2 control unit shall meet all applicable legal requirements, including but not limited to the applicable emissions limits for chromium compounds. b. Follmving system installation, the SEP shall include start0up of the new combined System 2 control unit by the vendor and concurrent training for Respondent's employees provided by the vendor, including training in: new combined System 2 control unit operations, preventive maintenance tasks, trouble-shooting system operations, process instrumentation and controls operation, and calihration of the process instrumentation and controls, Startup and training will he performed by tbe vendor in one continuous session. c. The SEP shall also include: (i) preparation and submission by vendor ofan application for re'visions to the facility's Permit to Install to incorporate tire new combined System 2 control unit; (ii) revisions to the Operations & Maintenance Manual to incorporate pru'visions for the new combined System 2 control unit; and (iii) ve.ndor performance of a stack test on the new combined System 2 control unit (along with scaffolding rental and install as a necessary measure for the safety ofpersonnel performing the stack testing). d. Follov.,mg :installation an.d stnt-up, Respondent shall successfully operate new combined System 2 control unit for a period of one year from the date of start-up. 2:0 Respondent represents that the anticipated rep1acement schedule for HEPA filters in the new combined System 2 control unit is quarterly. 105. The SEP described in paragraph 104 shall be perfmmed in accordance with the fo !lowing scl1eduie: SEP Milestones Place purchase order with vendor Submit permit application to Wisconsin Department of Natural Resources, with a copy to EPA, seeking a modification to existing Permit to lnstall or seeking a new Permit to Install (also known as construction permits) to operate the new combined System 2 control unit for continuous compliance as required by Subparts N and 6W. Fabrication of Control Unit Elements Submit project status reports (see paragraph 109} complete new combined System 2 control unit instaflation. Completion Date Within 4 weeks after CAFO becomes Effective Within 4weeks after CAFO becomes Effective Within 1Z weeks after CAFO becomes Effective Status reports are due 30 days after the end of the period covered by the report, in accordance with paragraph 109 otthis CAFO Within 8 months after CAFO becomes Effective Complete new combined System 2 control unit start-up and employee training. (Commence operation of new combined System 2 control unit for at least one year for continuous compliance in accordance with Subparts Nand 6W.) Within 9 m.onths after CAFO becomes Effective Conduct successful stack test on new combined System 2 control unit and submit results to EPA. Within 12 months after CAFO becomes Effective 106. Respondent must spend at least $45,810 to purchase and install equipment and complete the SEP as described in paragraphs 104 and 105 above. Only costs billed to the 21 Respondent by vendors for purposes of completing the SEP tasks described in paragraph l04 above may be taken into account for this purpose. Such costs may include the cost of purchasing replacement HEPA filters for new combined System 2 that are used in operating new combined System 2 dnringthe one-year period of operation required in paragraph 104 above. 107. .Respondent certifies as follows: I certify that Hydro-Platers is not required to perform or develop the SEP by any law, regulation, order; or agreement or as injunctive relief as of the date that I am signing tbis CAFO. I further certify tbat Hydro-Platers has not received, and is not negotiating to receive, credit for fue SEP in any other enforcement action. I certify that Hydro-Platers is not a party to any open federal financial assistance transaction that is funding or could be used to fund the same activity as the SEP. I :further ce1tifythat, to the best ofmy knowledge and belief after reasonable inquiry, there is no such open federal financial transaction tbat is :funding or could be used to fund the same activity as the SEP. Forpurposes ofmis certification, the term "open federal financial assistance transaction" refers lo a grant, cooperative agreement, loan, federally-guaranteed loan. guarantee or other mechanism for providing federal financial assistance whose performance period has not el>.'J)ired. 108. EPA may inspect tbe fucility at any time to monitor Respondent's compliance with iliis CAFO's SEP requirements. 109. Respondent must submit written status reports on a semi-annual basis summarizing progress made on each task descnoed in paragraph 104 of this CAFO during the period covered b.Y the report, not later than 30-days after the end of such period. The first semiannual report shall cover the period beginning the day the CAFO becomes effective and ending six months after the first day ofthe first month beginning after the effective date ofthe CAFO. Each successive status report shall cover the six-month period beginning imme.diately after the end of the prior six-month period. 22 110. Respondent must submit a SEP comp1elion report to EPA by no later than 60-days from completion ofthe SEP, wbich is complete after all steps in paragraph 104 .have been completed and Respondent has operated the new combined System 2 control unit for a periorl of one year fo!lov.,1ng ~ystem startup. This report must contain the following info1mation: a Detailed description ofthe SEP as completed; b. Description of any operating problems and the ;.ctioM taken lo correct the problems; c. Itemized cost Qfgoods and services used to complete the SEP doc11mented by copies ofinvoices, purchase orders or cancelled checks that specifically idc"Iltify and itemize the individual cost of the goods and services; d. Certification that Respondent has completed the SEP in compliance with this CAFO; and e, Description ofthe environmental and public health benefits resulting from the SEP (quantuy the benefits and pollution reductions, iffeasible). 11 L Respondent must submit all notices, reports, and other doeuments required by this CAPO to EPA by email atR5rurenforcement:iilepa.gov. The email must note Respondent's name and the docket number ohbis CAFO. 112, In each report that Respondent submits as provided by this CAFO, i.t must certify thaHhe report is lrue and-complete by including the follmving statement signed by one of its otncers: l certify !hat I am familiar vvith the information in this document and that, based. on my inquiry ofthose individuals responsible for obtainingfue inl'on:i:iation, i1 is true and contplete to the best of my knowledge. I know that there are significant penalties for snbmitting false information, including the possibility of fines and imprisomnent for knowing violations. 113. Fo1lo"ing receipt.of the SEP completion repmt described in paragraph 110, above, EPA must notify Respondent in ,vriting that: a It has satisfac1Drily completed the SEP and the SEP report; b. There are deficiencies in -the SEP as complete<i or in the SEP report aod EPA will give Respondent 30 days to correct the deficiencies; or 23 c. It has not satisfactotily completed tbe SEP or the SEP report and EPA will seek stipulated penalties under paragraph 115. 114. If EPA exercises option b above, Respondent may object in writing to the deficiency notice witlrin 10 days ofreceiving the notice. The parties v.ill have 30 days from EPA's receipt ofRespondent's objection to reach an agreement Ifthe parties cannot reach an agreement, EPA will give Respondent a vvritten decision tin its objection. Respondent will comply with any requirement that EPA imposes in its decision. lfRespondent does not complete the SEP as required by EPA's decision, Respondent will pay stipulated penalties to the United States under paragraph 115, below. 115. If Respondent violates any requirement ofthls CAFO relating to the SEP, Respo;:,dent must pay stipulated penalties to the United States as follows: a Except as provided in subparagraph b, below, ifRespondent did not complete the SEP satisfactorily according to the requirements ofthis CAFO, Respondent must pay a penalty of$45,815. b. IfRespondent did not complete the SEP satisfactorily, but EPA determines t!JJ!t Respondent made good faith and timely efforts to complete th.e SEP and certified, v.~th. supporting documents, thai it spent ai least 90 percent ofth.e amount set forth in paragraph 106, Respondent will not be liable for any stipulated penalty under subparagraph a, above. c, If Respondent completed the SEP satisfactorily, but spent less than 90 percent of the amount set forth in paragraph 106, Respondent must paya penalty of $5,500. d. IfRespondent did not submittimelythe SEP eomplction report required by paragraph 110, or did not timely submit any status report required by paragraph 109, or failed to timely meet any milestone in paragraph 105, Respondent must pay penalties in the following amvu11ts for each day af+..er the report was due or the milestone was to have been met until it submits the report or meets the milestone: Penalty per violation pet day $ 100 $ 250 $ 5-00 Period ofviolation l st through 14111 day 15tli through 301n day 31st day .a;:,d beyond 24 116. EPA's detenninations ofv,i1etl1er Respondent completed the SEP satisfactorily and whether Respondent made good faith and timely efforts to complete the SEP will bind Respondent. 117. Respondent must pay any stipulated penalties within 15 days ofreceiving EPA' s. \\Titten demand for the penalties. Respondent will use the method of payment specified in paragraph 99, above, and 'ill pay interest and nonpayment penalties on any overdue amounts. 11&. Any public statement that Respondent makes referring to the SEP must include the following language: "Hydro-Platers, Inc., undertook this project under the settlement ofthe United St:rtes Environmental Protection Agency'.s enforcement action against Hydro-Platers for violations of the Section 112 ofthe CAA, 42 U.S.C. 7412, and the implementing regulations at 40 C.F.R. Part 63, Subpart N (the NationalEmission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks) and Subpait V./WWV-lWW (Subpart 6W) (National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations).'' 119. If an event occurs which causes or may cause a delay in completing the SEP as required by this CAFO: a. Respondent must notify EPA in \vriting v,ithin 10 days after learning of an event which caused or may cause a delay in completing the SEP. TI1e notice must describe the anticipated length ofthe delay, its cause(s), Respondent's past and. proposed acti()TIS to prevent or minimize the delay and a schedule to carry out those actions. Respondent must take all reasonable actions to avoid or minimize any delay. If Respondent fails to notify EPA according to th.is paragraph, Respondent \ill not 1cceive .an extension of time to complete the SEP. b. Ifthe parties agree that circumstances beyond the control ofRespondent caused or may cause a delay in completing the SEP, the parties will stipulate to an extension oftime no longer than the period of delay.. c. If EPA does not agree that circumstances beyond the control of Respondent caused or may a delay in completing the SEP, EPA wiU notify 25 Respondent in v.riting ofiLq decision and any delays in completingfae SEP will not be excused. d. Respondent h,i:s the burden ofproving that circumstances beyond its control caused or may cause a delay in completing the SEP. Increased costs for c-0mpleting fue SEP will not be a basis for an extension of time under subparagraph b, above. Delay in achieving an interim step will not necessarily justify or excuse delay in achieving subsequent steps. 120. For federal income tax p1JJ1)oses, Respondent will neither capitalize into inventory or basis, nor deduct any costs or expenditures incurred in performing the SEP. General Provisions 121. The parties consent to service oftl:ris CAFO by e-mail at-the following e-mail Respondent), and flgal!orfraxlcv.cnm (for Respondent). 122. This CAFO resolves only Respondent's liability for federal civil penalties for the violations alleged in i:his CAFO. !23. The CAFO does not affect the rights of EPA or the United States to pursue appropriate injunctive or other equitable relief or criminal sanctions for any violation oflaw. 124. This CAF0 does notaffect Respondent's responsibility to comply ,vith the CA.."i. and oilier applicable fede.ral, state and local laws. Except as provided in paragraph J22, above, compliance with this CAFO will not be a defense to any actions subsequently comn1eiiced pursuant tofederal laws adir.inistered by F..PA. 125. Respondent certifies that it is complying fully wifu Subpait N and Subpatt 6W. 126. This CAFO constitutes an "enforcement response" as that term is used in EPA's Clean Air Act Stationary CiVil Penally Policy to determine Respondent's "full compliance history" under Section 113(e) of the CAA, 42 U.S.C. 7413(e). l.27. 'The terms offuls. CAFO bind Respondent, its successors and assigns. 26 128. Each person signmg this .consent agreement certifies that he or she has the authority to sign for the party whom he or she represents and to bind that party to its tenns. 129. Each party agrees to bear its ovvn costs and attorneys.' fees in this action. 130. This CAFO constitutes the entire agreement between the parties. 27 Hydro-Platers Inc., Respondent J_~ /1 /2c1rr Date Terrance Adrian General Manager and Owner Hydro-Platers Inc. 28 United States Environmental Protection Agency, Complainant DateI Edward.Nam Director Air and Radiation Division U.S. Environmental Protection Agency, Region 5 29 Consent Agreement and Final Order In the Matter of: Hydro-Platers foe. Docket No. CAA-05-2019-0008 Final Order This Conserrt Agreement and Final Order, as agreed to by the parties, shall become effective immediately upon filing with the Regional Hearing Clerk. This Final Order concludes this proceeding pursuant to 40 C.F.R. 22.18 and 22.31. IT IS SO ORDERED. DR~ ilW',1;,&{ \ct) ~15<: Date tr \ t -',.,,V,.J...,_ L C..O AJ1t1L.Coyle Regional. Judicial Offic U.S. Environmental Protection Agency Region5 30 CAA-05-2019-0008 ATTACHMENT A ATTACHMENT A PLAT!NGINTERNATIONAL, INC. CHANG!flG THE WORLD OF PLATING Ill Pet your request we are pleased to quote a price to fabricate and install a new 4"' stage HEPA filter on the 2"" scrubber, as well as a new stack required to allow ScrubAir Systems to guarantee that Hydro-Platers Inc. passes the new Federal EPA emission requirement of .011 mg/dscm. We will afso include stack testing. the following wifl be Included: One (:1) New 4th stage HEPA filter housing with transition o Fabricated from 3/8' and" thick high impact PVC o Filter housing o (4) HEPA filters o MagneheUc gauge designed to monitor the pressure drop across the HEPA filters (we will re connect the overall gauges IQ the eXitside o! the HEPA filters to monitor the pressure drop across the combined (4) stages Qf filters. This must be recorded d<JilY per EPA requirements) o Clear hinged and bolt on aceess doors with convenient spin off knobs to allow access to all components of the unit o Transition from the exit end ofthe 4th stage HEPA filter to the inlet of the fan including reconnecting the flex and draw bands to the inlet o! the existing fan One (:1) New discharge stack o Fabricated from 3/16" thick high impact PVC o Rectangular to round transition on the discharge end ofthe fan o High velocity discharge stack on the discharge end of the stack o Ports for stack testing o SS ring to connect to the existing guy wires Owner's manual with drawings and spare parts list lnstallatlon by Scrubillr personnel o Remove the existing transltion and stack to a location for Hydro-Platers to dispose Qf o All joints will be heat fusion welded o All hanger rods and fasteners will be SS o All rigg;ng equipment required to assemble {Crane) o Start up and training PLAT\NG INTERNATIONAL lNC. 11142 ADDISON AYE FRANKLIN PARK, ll 60131 0. 847-451s2101 F. 847-451-2106 www.PLATiNGlNJERNATIONALCOM PLATINGINTERNATIONAL, INC. CHANGING THE WORLD Of PLATINGlll THE ABOVE NEW 4,H STAGE HEPA FILTER/TRANSffi0N SECTION NEW STACK FABRICATED AND INSTALLED FOR A PRICE OF.............................................................$22,975.00 *PERMITTING COST & STACK TESTING NOT INCLUDED........................$5,700.00 * SCAFFOLDING RENTAL & INSTALL.................. $3,000.00 FOS Shipping Point Does not Include taxes er permlts lt required LEAD TIME: One to Two {1 - 2) weeks from receipt of pur~hase order PAYMENT TERMS: NET10Da;n,; ... - ALL WORKMANSHIP AND MATERIALS ARE FULLY GUARANTEED FOR ONE (1) YEAR AFTER STARTUP - WHEN STACK TESTED, WILL SURPASS 1'HE NEW FEDERAL EPA EMISS10N MANDATE FOR HEXEVALENT CHROME Ol' UNDER .011 MG/DSCM. IFTHE TEST AFTER SCRUBAIR MAKES THE MODIFICATIONS, DOES NOT PASS, THE .011 MGjDSCM REQUIREMENT, SCRUMIR AT NO ADDITIONAL COST TO HYDRO-PLATERS WILL MAKE THE NECESSARY MODIFICATIONS, AND WILL PAY FOR STACK TESTING COSTS. tW!Wfiil#ik'Mi J,, 1~t41n#1t4tU6!143itihl4ili##N1'4J1iiffi-tiffititNMl,1,,l@4t Per_yo~r requ~t \\'e are_pleased -~. quote a pricet() ~1:-tHtateahdJnstaii iiiiew~stag~Mesh p,l,fOeiilgneit iSi;rubberWitll'4;'~ ~t;agel'!Ef>A,fllter, as well as a new stack required to allow ScrubAlr Systems to guarantee that Hydr0:Platers Inc. passes the new Federal EPA emission requirement of .011. mg/dscm. The fol/owing wlll be included: One (1) 3 Stage Mesh Pad Design Scrubber o 9000CFM o Fabricated from 3/8' and 1At thick high impact PVC PLATING INTERN,~TIONAL!NC. 11142 ADDISON AVE fRANKLlN PARK, IL 60131 0. 847-451-2101 f. 847-451-2106 WWW.PLATINGINTERNATIONAL,COM PLAT!NGINTERNATIONAL, INC, CHANGl!JG TH WORLD or PLATiNG!!I w,nre. o Filter housing o (4JJll'.e,O,filt<' 0 Mai,n~helic gauge designed}9.E110riito(the pre~ure DfOP across theHEPAfilters{we COl"ln~l;thfe~~i-a!I ~u~ t<tih~. e:xit .si(!e;.of t~e !-IE!'A mters.to moni.tor tl1eJ)f!l$SU/e drop. across the:cq)11llipedl'\)s!ages..otf\ltllf!l,This must be recorded daily per EPA requirements) o Clear hinged and bolt on access doors with convenient spln off knobs to allow access to all components of the unit o Transition from the exit emj of the 4"' stage HEPA filter to the Inlet of the fan including reconnecting the flex and draw bands to the inlet of the existing fan one (il New'\"'i'iu,ge H.f:'PA1iiterl101.1singw,th.transitiori o Fabricated from 3/8' and " \hick high impact PVC o Filter housing o (4) HEPA filters o l\'lagnehelic gauge designed to monitor the pressure drop across the HEPA filters (we will re connect the ove-rall gauges to the exit slde ofthe HEPA fillers to monitor the pressure drop across the combined {4) stages of filters. This must be recorded daily per EPA requirements) o Clear hinged and boll on access doors with convenient spin off knobs to allow access to all components of the unit o Transition from the exit end of the 4'" stage HEPA filler to the inlet of the fan including re connecting the flex and draw bands to the Inlet of the existing fan One (1} New discharge stack o Fabricated from 3/16' thick high impact PVC o Rectangular to round transition on the discharge end of the fan o High velocity discharge stack DI\ the discharge end of the stack o Ports for stack ~esting o SS ring to connect to the existing guy wires Owner's manual with drawings and spare parts list installation by ScrobAir personnel o Remove the existing transition and stack to a location tor Hydro-Platers to dispose of o All Joints will be heat fusion welded o All hanger rods and fasteners will be SS o All rigging equipment required toassemble (Crane) o Start up and training PLA'flt,G [NTERNATIONAL INC. 11142 ADDISON AVE FRANKLIN PARK, IL 60131 0. 847~4512101 F. 847-451-2106 WWW .PL.A.TINGINTERNATIONAL.COM PLATINGINTERNATIONAL, INC. CHANGING THE WORLO Of PLATING!!! THE ABOVE NEW 3 Stage 9000 CFM Chrome Separator System with a 4TH STAGE HEPA FILTER/TRANSITION SECTION NEW STACK FABRICATED AND INSTALLED FOR A PRICE Of..............................................................................$40,000.00 *PERMITTING COST &STACK TESTING NOTINCLUDED....~................................,....$5,000.00 * SCAFFOLDING RENTAL & INSTALL.......................,........ $3,000.00 * START UP & TRA\NING..................................................$5,000.00 FOB Shipping Pomt Does not ln::lude- rexes or permits if required LEAD TIME: Two-Four {2 .. 4) weeks from receipt of purchase order PAYMENT TERMS: NET iO Oa1'S ALl,WORKMANSHIP AND MAT<:RIALS ARE FULLY GUARANTEED FOR ONE (l) YEAR AFTER STARTUP WHEN STACK TESTED, WILL SURPASS THE NEW FEDEML EPA EMISSION MANDATE FOR HEXEVALENT CHROME OF UNDER .011 MG/DSCM. IF THE TEST AFTER SCRUBA!R MAKES THE MODIFICATIONS, DOES NOT PASS, THE .011 MG/DSCM REQU!REMEN'l', SCRUBA!R AT NO ADDI"l10NAL COST TO HYDRO-PLATERS WILL MAKE THE NECESSARY MOD!FfCATfONS, AND vV1LL PAY FOR STACK TESTING COSTS. PLATING lNTERNATIONAL lNC. 11142 ADDlSON AVE FRANKLIN PARK, lL 60131 0. 847-451-2101 F. 847-451-2106 www.PLATlNGlNTERNATIONAL.COM Consent Agreement and Final Order In the matter of: Hydro-Platers Inc. Docket Number: CAA-05-2019-0008 CERTIFICATE OF SERVICE I certify that I served a true and correct copy of the foregoing Consent Agreement and Final Order, docket number CAA or;:J.otq oOdf', which was filed on 1z(z1/ 2.(11 r , in the following manner to the following addressees: Copy by E-mail to Attorney for Complainant: Terence Branigan Branigan. Terence@epa.gov Copy by E-mail to Respondent Terrance Adrian, General Manager and Owner Terry@hydro-platers.com Copy by E-mail to Attorney for Respondent: Donald P. Gallo, Esq. dgallo(a)axley.com Copy by E-mail to Regional Judicial Officer: Ann Coyle coyle.ann@epa.gov Dated: Regi nal Hearing Clerk U.S. Enviromnental Protection Agency, Region 5