NR 423.03(8)(a)2.a.
a. Remain in compliance with all requirements of sub.
(3),
(4),
(5), or
(6) to which the owner or operator was subject prior to September 1, 1994.
NR 423.03(8)(b)2.
2. The owner or operator of any source identified under subd.
1. shall achieve final compliance with the applicable requirements as soon as practicable, but no later than September 15, 1995.
NR 423.03(8)(c)1.1. This paragraph applies only to a facility which is in existence on September 1, 1994 and which is subject to the requirements of sub.
(7) as of September 1, 1994.
NR 423.03(8)(c)2.
2. The owner or operator of any source identified under subd.
1. shall achieve final compliance with the requirements of sub.
(7) as soon as practicable, but no later than May 15, 1996.
NR 423.03(9)
(9)
Equivalent control. Any equivalent control system approved by the department under sub.
(3) (d) 3. or
(j),
(4) (c) 5. or
(p),
(5) (c) 3.,
(6) (a) 2. b., or
(7) (d) 3. shall be submitted to, and will not become effective for federal purposes until approved by, the administrator as a source-specific revision to the department's state implementation plan for ozone.
NR 423.03(10)
(10)
Recordkeeping. This subsection applies only to facilities located in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha county. As of September 1, 1994, each owner or operator of a degreasing operation that is exempt from the requirements of subs.
(3) to
(7), under sub.
(2) (c) to
(g), shall collect and record the information specified in this paragraph, as appropriate to support the exemption. The following information shall be maintained on the facility premises for a minimum of 3 years and shall be made available upon request to an authorized department representative at any time during normal working hours:
NR 423.03(10)(a)
(a) A unique name or identification number for each degreaser or wipe cleaning operation.
NR 423.03(10)(b)
(b) The volume of solvent used or added per day for each individual degreaser or wipe cleaning operation, in units of gallons.
NR 423.03(10)(c)
(c) The VOC emissions, in units of pounds or kilograms per day, from each individual degreaser or wipe cleaning operation.
NR 423.03(10)(d)
(d) The density of the solvent used, in units of pounds per gallon.
NR 423.03(10)(e)
(e) The VOC content of the solvent, expressed as percent by volume.
NR 423.03 History
History: Renum. from NR 154.13 (6) (a) and am.
Register, September, 1986, No. 369, eff. 10-1-86; am. (1), (2) (a) (intro.), 2. and (e), (5) (intro.) and (e), cr. (2) (f) and (6),
Register, January, 1988, No. 385, eff. 2-1-88; am. (2) (a) (intro.) and (c) and (3) (d) 1.,
Register, February, 1990, No. 410, eff. 3-1-90; am. (2) (a) 1. and (f), a. (7),
Register, December, 1993, No. 456, eff. 1-1-94; am. (1), (2) (a) (intro.), (3) (a) (intro.) and (g) 4., (4) (intro.), (c) 2., (i) and (m), (5) (intro.), (c) 1. and (g), (6) (a) (intro.) and 7., renum. (7) to be (9) and am., cr. (2) (intro.), (g), (h), (3) (h) to (j), (4) (n) to (q), (5) (h) to (j), (6) (a) 8. and 9., (7), (8) and (10), r. and recr. (2) (c) to (f),
Register, August, 1994, No. 464, eff. 9-1-94;
am. (4) (a) (intro.) and (m), (5) (intro.), (6) (a) (intro.) and (b) (intro.) and (9), r. (6) (b) 1. to 5.,
Register, December, 1995, No. 480, eff. 1-1-96;
am. (1), (2) (intro.), (a) (intro.), (b) (intro.), (3) (intro.), (b) (intro.), (g) (intro.), (h) (intro.), (4) (g) (intro.), (5) (f) (intro.), (6) (a) (intro.), (7) (intro.), (8) (b) 1. (intro.), r. (8) (b) 1. a. to d.,
Register, December, 1996, No. 492, eff. 1-1-97; cr. (2) (i) and am. (3) (intro.), (4) (intro.), (5) (intro.) and (6) (a) (intro.),
Register, March, 1997, No. 495, eff. 4-1-97; am. (2) (g) 2., (4) (c) (intro.), 1., (d), (h), (k), (5) (c) (intro.) and (7) (c),
Register, October, 1999, No. 526, eff. 11-1-99.
NR 423.035
NR 423.035 Industrial cleaning operations — part 1. NR 423.035(1)(a)(a) Except as provided in subs.
(2) and
(9) (a), this section applies to industrial cleaning operations at facilities that are located in Kenosha, Milwaukee, Ozaukee, Racine, Washington, or Waukesha county and have maximum theoretical emissions of VOCs from the facility, excluding any maximum theoretical emissions of VOCs resulting from combustion, or VOCs specifically subject to s.
NR 419.05,
419.06, or
419.08, ch.
NR 420,
421, or
422, or s.
NR 423.03,
423.05,
424.04, or
424.05, of 25 tons per year or more.
NR 423.035 Note
Note: To determine the maximum theoretical emissions of VOCs from a facility, excluding any maximum theoretical emissions of VOCs specifically subject to the cited provisions, use the following procedure.
NR 423.035 Note
1. Calculate the maximum theoretical emissions of VOCs from the facility excluding emissions from combustion.
NR 423.035 Note
3. Subtract the emissions calculated in step 2 from the emissions calculated in step 1.
NR 423.035 Note
4. If the quantity calculated in step 3 is less than 25 tons per year, then the only requirements of this section that apply to the facility are the recordkeeping requirements of sub. (9) (a).
NR 423.035(1)(b)
(b) Except as provided in subs.
(2) and
(9) (a), this section applies to industrial cleaning operations at facilities that are located in Kewaunee, Manitowoc, or Sheboygan county and have maximum theoretical emissions of VOCs from the facility, excluding any maximum theoretical emissions of VOCs resulting from combustion, or VOCs specifically subject to s.
NR 419.05,
419.06, or
419.08, ch.
NR 420,
421, or
422, or s.
NR 423.03,
423.05,
424.04, or
424.05, of 100 tons per year or more.
NR 423.035 Note
Note: To determine the maximum theoretical emissions of VOCs from a facility, excluding any maximum theoretical emissions of VOCs specifically subject to the cited provisions, use the following procedure.
NR 423.035 Note
1. Calculate the maximum theoretical emissions of VOCs from the facility excluding emissions from combustion.
NR 423.035 Note
3. Subtract the emissions calculated in step 2 from the emissions calculated in step 1.
NR 423.035 Note
4. If the quantity calculated in step 3 is less than 100 tons per year, then the only requirements of this section that apply to the facility are the recordkeeping requirements of sub. (9) (a).
NR 423.035(2)
(2)
Exemptions. If any exemption in this subsection is based on an exemption threshold and that threshold is exceeded, the exemption will no longer apply to the facility. The following exemptions are applicable to various provisions of this section:
NR 423.035(2)(a)1.
1. Operations regulated under s.
NR 421.05 (2m),
421.06 (2m),
422.05 (3),
422.06 (3),
422.075 (3),
422.08 (3),
422.083 (3m),
422.09 (6),
422.095 (7),
422.105 (5),
422.115 (5),
422.125 (4m),
422.127 (3m),
422.128 (7),
422.131 (3),
422.14 (4),
422.141 (3),
422.142 (2) (c),
422.143 (3) (c) and
(4),
422.144 (4) (b) and
(5),
422.145 (2m),
422.15 (9),
422.155 (5), or
423.03.
NR 423.035(2)(a)3.
3. Cleaning operations in graphic arts pre-press areas including the cleaning of film processors, color scanners or plate processors, or film cleaning and plate cleaning.
NR 423.035(2)(b)
(b) Subsection
(3) does not apply to any of the following activities or facilities:
NR 423.035(2)(b)1.
1. Cleaning conducted in conjunction with performance laboratory tests on coatings, adhesives or inks; research and development programs; and laboratory tests in quality assurance laboratories.
NR 423.035(2)(b)2.
2. Cleaning of electrostatic printing and coating application equipment.
NR 423.035(2)(b)3.
3. Medical device and pharmaceutical manufacturing facilities using less than a total of 1.5 gallons per day of VOC-containing solvents and solvent solutions for industrial cleaning operations.
NR 423.035(2)(b)4.
4. Facilities whose aggregate use of solvent and solvent solutions which do not comply with the applicable VOC content limits in sub.
(3) and of any coatings and inks exempt under s.
NR 422.03 (7) does not exceed 55 gallons during any 12 consecutive months at the facility.
NR 423.035(2)(c)
(c) Subsections
(3) and
(7) do not apply to cleaning with aerosol product if 160 fluid ounces or less of VOC-containing aerosol product are used per day for industrial cleaning operations, per facility.
NR 423.035(2)(d)
(d) Subsection
(7) does not apply to cleaning with solvents or solvent solutions in spray bottles or containers described in sub.
(4) (b).
NR 423.035(2)(e)
(e) Subsection
(7) does not apply to the cleaning of the nozzle tips of automated spray equipment systems, except for robotic systems that are programmed to spray into a closed container.
NR 423.035(2)(f)
(f) Subsection
(7) does not apply to automatically applied blanket or roller wash.
NR 423.035(2)(g)
(g) Subsections
(4) to
(8) do not apply to cleaning which uses solvents or solvent solutions containing no more than 0.05 kilograms of VOC per liter.
NR 423.035(3)
(3)
Solvent and solvent solution requirements. Except as provided under sub.
(6), no owner or operator of a facility may cause, allow or permit the use of a solvent or solvent solution for industrial cleaning operations on and after January 1, 2002 unless the VOC content of the solvent or solvent solution is less than or equal to the applicable VOC content listed in Table 1 for the respective cleaning operation.
-
See PDF for table 
NR 423.035(4)
(4)
Cleaning devices and methods requirements. Except as provided under sub.
(6), on or after January 1, 2002, the owner or operator of a facility shall comply with the following requirements associated with the identified cleaning devices or methods when using solvents or solvent solutions:
NR 423.035(4)(a)
(a) Physically rub a surface with a porous applicator such as a rag, paper, sponge, or a cotton swab moistened with solvent or solvent solution.
NR 423.035(4)(b)
(b) Closed containers or hand held spray bottles from which solvents or solvent solutions are applied without a propellant-induced force.
NR 423.035(4)(c)
(c) Cleaning equipment which has a solvent or solvent solution container that is closed during cleaning operations, except when depositing and removing objects to be cleaned, and is closed during non-operation with the exception of maintenance and repair to the cleaning equipment itself.
NR 423.035(4)(d)
(d) A remote reservoir cleaner operated in compliance with all of the following requirements:
NR 423.035(4)(d)1.
1. Solvent vapors are prevented from escaping from the solvent or solvent solution container by using devices such as a cover or a valve when the remote reservoir is not being used, cleaned, or repaired.
NR 423.035(4)(d)2.
2. Flow is directed in a manner that prevents solvent or solvent solution from splashing outside of the remote reservoir cleaner.
NR 423.035(4)(d)3.
3. The cleaner is not used for cleaning porous or absorbent materials, such as cloth, leather, wood, or rope.
NR 423.035(4)(d)4.
4. Only solvent or solvent solution containers free of all liquid leaks are used. Auxiliary equipment, such as pumps, pipelines or flanges, may not have any liquid leaks, visible tears, or cracks. Any liquid leak, visible tear, or crack detected shall be repaired within one calendar day, or the leaking section of the remote reservoir cleaner shall be drained of all solvents or solvent solutions and shut down until it is replaced or repaired.
NR 423.035(4)(e)
(e) A non-atomized flow method where the used solvents or solvent solutions are collected in a container or a collection system which is closed, except for the solvent or solvent solution collection openings that may be open when filling or emptying, or the opening caused by use of a pressure relief valve.
NR 423.035(4)(f)
(f) A flushing method where the used solvents or solvent solutions are discharged into a container which is closed, except for the solvent or solvent solution collection openings that may be open when filling or emptying, or the opening caused by use of a pressure relief valve. The discharged solvents or solvent solutions shall be collected into containers without atomizing into the open air.
NR 423.035(5)
(5)
Storage and disposal. The owner or operator of a facility shall store all solvents or solvent solutions used in industrial cleaning operations in non-absorbent, non-leaking containers which shall be kept covered except when filling or emptying. Cloth and paper moistened with solvents or solvent solutions shall be stored in covered, non-absorbent, non-leaking containers.
NR 423.035(6)
(6)
Control equipment. In lieu of complying with the requirements in sub.
(3) or
(4), the owner or operator of a facility may use a VOC emission control system to control VOC emissions from the industrial cleaning operations at the facility provided one of the following requirements is met:
NR 423.035(6)(a)
(a) The emission control system has a minimum overall emission reduction efficiency of 85% for VOC emissions as determined in accordance with s.
NR 439.06 (3) (am).
NR 423.035(6)(b)
(b) The emission control system has a minimum VOC capture efficiency of 90% and an output of VOC emissions of less than 50 ppm calculated as carbon, not including methane and ethane, with no dilution, as determined in accordance with s.
NR 439.06 (3) (a).
NR 423.035(6)(c)
(c) The emission control system meets the requirements of the applicable source specific rule in chs.
NR 420 to
422.
NR 423.035(7)
(7)
General prohibitions. The owner or operator of a facility may not atomize any solvent or solvent solution unless the resulting VOC emissions are controlled by an air pollution control system that meets one of the requirements of sub.
(6).
NR 423.035(8)
(8)
Alternative compliance option. In lieu of complying with the requirements in sub.
(3), the owner or operator of a facility may use solvents or solvent solutions for industrial cleaning operations which have a VOC composite partial vapor pressure of less than or equal to 10 mm of Hg at 20
°C.
NR 423.035(9)(a)(a) To determine applicability under sub.
(1), each owner or operator of an industrial cleaning operation at a facility located in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha county shall maintain records of the maximum theoretical emissions of VOCs from the facility excluding any maximum theoretical emissions of VOCs resulting from combustion, or VOCs specifically subject to s.
NR 419.05,
419.06, or
419.08, ch.
NR 420,
421, or
422, or s.
NR 423.03,
423.05,
424.04, or
424.05.
NR 423.035(9)(b)
(b) Each owner or operator of a facility that is exempt under sub.
(2) shall collect and record the information specified in this paragraph as appropriate:
NR 423.035(9)(b)1.
1. Any owner or operator claiming to be exempt under sub.
(2) (b) 3. shall maintain records of the daily quantity in gallons of VOC-containing solvents and solvent solutions used for industrial cleaning operations.
NR 423.035(9)(b)2.
2. Any owner or operator claiming to be exempt under sub.
(2) (b) 4. shall maintain records of the amount used in gallons of non-compliant solvents and solvent solutions and the amount used in gallons of any coatings and inks exempt under s.
NR 422.03 (7) during any 12 consecutive months at a facility.
NR 423.035(9)(b)3.
3. Any owner or operator claiming to be exempt under sub.
(2) (c) shall maintain records of the daily quantity in fluid ounces of VOC-containing aerosol product used for industrial cleaning operations.
NR 423.035(9)(b)4.
4. Any owner or operator claiming to be exempt under sub.
(2) (g) shall maintain a record of the VOC contents of the solvents or solvent solutions used in kilograms per liter or pounds per gallon.
NR 423.035(9)(c)
(c) Each owner or operator of a facility that is subject to this section shall collect and record the information specified in this paragraph as appropriate:
NR 423.035(9)(c)1.
1. Any owner or operator subject to sub.
(3) shall maintain a record of the VOC contents of the solvents or solvent solutions used in industrial cleaning operations in kilograms per liter, pounds per gallon or weight percent.
NR 423.035(9)(c)2.
2. Any owner or operator subject to sub.
(6) shall keep a record of the results of any testing conducted as required under sub.
(6).
NR 423.035(9)(c)3.
3. Any owner or operator subject to sub.
(8) shall keep a record of the VOC composite partial vapor pressures of solvents or solvent solutions used in industrial cleaning operations.
NR 423.035(9)(d)
(d) Records required under this subsection shall be kept for five years unless another time period is approved by the department.
NR 423.035 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 02-097: am. (1)
Register June 2004 No. 582, eff. 7-1-04, correction in (9) (a) made under s. 13.93 (2m) (b) 7. stats.,
Register June 2004 No. 582;
CR 08-102: am. (title), (1) (a), (b), (2) (intro.), (b) (intro.), 4., (e), (g), (3) (intro.), (6) (a), (b) and (9) (a)
Register July 2009 No. 643, eff. 8-1-09; correction in (9) (a) made under s. 13.92 (4) (b) 7., Stats.,
Register July 2009 No. 643;
CR 11-005: am. (2) (a) 1., (4) (intro.), (a), cr. (2) (h)
Register January 2012 No. 673, eff. 2-1-12;
CR 20-088: am. (2) (a) 1. Register May 2022 No. 797, eff. 6-1-22. NR 423.037
NR 423.037 Industrial cleaning operations — part 2. NR 423.037(1)(1)
Applicability. Beginning on March 1, 2013, except as provided in sub.
(9) (a), this section applies to industrial cleaning operations at facilities that are located in Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha county and having actual VOC emissions from industrial cleaning operations equal to or exceeding 3 tons on a 12 consecutive month rolling basis from the facility with all control equipment inoperative.
NR 423.037(2)
(2)
Exemptions. If any exemption in this subsection is based on an exemption threshold and that threshold is exceeded, the exemption will no longer apply to the facility. The following exemptions are applicable to various provisions of this section:
NR 423.037(2)(a)3.
3. Cleaning operations in graphic arts pre-press areas including the cleaning of film processors, color scanners or plate processors, or film cleaning and plate cleaning.
NR 423.037(2)(a)4.c.
c. Coating of marine vessels and components and other structures intended for exposure to a marine environment.
