October 24, 1997

Catherine Benjamin
Senior Safety and Environmental Technologist
A.T. Cross Company
One Albion Road
Lincoln, Rhode Island 02865

Re: Tank Applicability to 40 CFR Part 63, Subpart N, Chromium Electroplating and Anodizing NESHAP

Dear Ms. Benjamin:

The U.S. Environmental Protection Agency (EPA) has reviewed the letter from A.T. Cross Company (A.T. Cross) dated August 19, 1997 to the Rhode Island Department of Environmental Management regarding classification of a tank under 40 CFR Part 63, Subpart N, Chromium Electroplating and Anodizing NESHAP. The tank referred to in the letter will be operated at A.T. Cross in Lincoln, Rhode Island. This letter provides A.T. Cross with a written applicability determination.

The August 19, 1997 letter identifies the function and the typical operating parameters of the tank. The function of the tank is to treat sterling silver pens to reduce tarnishing. The tank will operate with a low solution concentration (10% by volume of a solution containing 30% sodium dichromate) and will apply a low current density (3 A/ft2) at a temperature of 80 degrees F. Based on the operating parameters, EPA has concluded that this process is not an electroplating process and will not produce the chromic acid mist associated with electroplating. Therefore, the tank is not subject to Subpart N.

This applicability determination does not relieve A.T. Cross of responsibility for complying fully with any and all applicable federal, state and local laws, regulations and permits.

Please note that any changes in the bath operating parameters may subject this operation to the standards for chromium electroplating tanks. If you have any questions about this determination or need further assistance, please contact Susan Lancey of my staff at (617) 565-3587.

Sincerely yours,


John P. DeVillars
Regional Administrator

cc: Scott Throwe, EPA HQ; Dan Wise, RI DEM