In response to the comments by Tim McGrady and John Sieber, my main
point was that a prosecutor might well take a finding of hexavalent
chromium on aluminum (either by ESCA-XPS or by company records obtained
by subpoena) as prima facie evidence that the coating is chromate. 

It would not then be necessary for a laboratory to even attempt to
determine the exact percentage, since it is obvious that the percentage
of hexavalent chromium in an aluminum chromate coating far exceeds 0.1
percent. (To elaborate, if we assume a composition of Al2(CrO4)3, using
the techniques taught in high school chemistry the formula weight is 402
and the weight percent for Cr is 39 percent. Adding some water molecules
to the formula would reduce the weight percent of Cr some, but certainly
nowhere close to 0.1 percent.) 

Further, there is no analytical technique by which the presence of
hexavalent chromium as low as 0.1 percent in a coating could be
detected. Hence the mere detection of hex chrome would be sufficient to
establish noncompliance. Quantifying the relative abundance would be
unnecessary.

If my conjecture is correct, then the intricacies that these analytical
chemists have discussed, while interesting, become irrelevant. 

As for the power of the state to hold hardware hostage until the
manufacturer produces the demanded documentation, I'm afraid that Tim is
right. Guilty until proven innocent. And given the reluctance of
manufacturers to oppose publicly anything having to do with
environmental issues, the right of the state to do this is unlikely to
be challenged in court.

 

Gordon Davy 


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