Chapter NR 463

NR 463.05(1)(d) (d) Based on the results of a determination made under par. (c), the department may require that an owner or operator of an affected source make changes to the operation and maintenance plan required by sub. (2) for that source. Revisions may be required if the department finds that the plan does any of the following:

NR 463.05(1)(d)1. 1. Does not address a malfunction that has occurred.

NR 463.05(1)(d)2. 2. Fails to provide for the proper operation of the affected source, the air pollution control techniques, or the control system and process monitoring equipment during a malfunction in a manner consistent with good air pollution control practices.

NR 463.05(1)(d)3. 3. Does not provide adequate procedures for correcting malfunctioning process equipment, air pollution control techniques or monitoring equipment as quickly as practicable.

- See PDF for table

a If greater than 50% of the scrubber water is drained, for purposes such as maintenance, makeup water may be added to the scrubber basin.

b For horizontal-flow scrubbers, top is defined as the section of the unit directly above the packing media such that the makeup water would flow perpendicular to the air flow through the packing. For vertical-flow units, the top is defined as the area downstream of the packing material such that the makeup water would flow countercurrent to the air flow through the unit.

c Work practice standards for the control device installed upstream of the fiber-bed mist eliminator to prevent plugging do not apply as long as the work practice standards for the fiber-bed unit are followed.

NR 463.05(2) (2) Operation and maintenance plan.

NR 463.05(2)(a) (a) The owner or operator of an affected source subject to the work practices of this section shall prepare an operation and maintenance plan to be implemented no later than the compliance date. The plan shall be incorporated by reference into the source’s part 70 permit, if and when a part 70 permit is required under ch. NR 407. The plan shall include all the following elements:

NR 463.05(2)(a)1. 1. The plan shall specify the operation and maintenance 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 shall include a standardized checklist to document the operation and maintenance of this equipment.

NR 463.05(2)(a)2. 2. For sources using an add-on air pollution control device or monitoring equipment to comply with this subchapter, the plan shall incorporate the work practice standards for that device or monitoring equipment, as identified in Table 1 of this subchapter, if the specific equipment used is identified in Table 1.

NR 463.05(2)(a)3. 3. If the specific equipment used is not identified in Table 1 of this subchapter, the plan shall incorporate proposed work practice standards. These proposed work practice standards shall be submitted to the department for approval as part of the submittal required under s. NR 463.08.

NR 463.05(2)(a)4. 4. The plan shall specify procedures to be followed to ensure that equipment or process malfunctions due to poor maintenance or other preventable conditions do not occur.

NR 463.05(2)(a)5. 5. The plan shall include a systematic procedure for identifying malfunctions of process equipment, add-on air pollution control devices, and process and control system monitoring equipment and for implementing corrective actions to address the malfunctions.

NR 463.05(2)(b) (b) If the operation and maintenance plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction at the time the plan is initially developed, the owner or operator shall revise the operation and maintenance plan within 45 days after the event occurs. The revised plan shall include procedures for operating and maintaining the process equipment, add-on air pollution control device, or monitoring equipment during similar malfunction events, and a program for corrective action for the events.

NR 463.05(2)(c) (c) Recordkeeping associated with the operation and maintenance plan is identified in s. NR 463.103 (2). Reporting associated with the operation and maintenance plan is identified in s. NR 463.106 (7) and (8) and par. (d).

NR 463.05(2)(d) (d) If actions taken by the owner or operator during periods of malfunction are inconsistent with the procedures specified in the operation and maintenance plan required by par. (a), the owner or operator shall record the actions taken for that event and shall report by phone the actions within 2 working days after commencing actions inconsistent with the plan. This report shall be followed by a letter within 7 working days after the end of the event, unless the owner or operator makes alternative reporting arrangements, in advance, with the department.

NR 463.05(2)(e) (e) Each owner or operator shall keep the written operation and maintenance plan on record after it is developed to be made available for inspection, upon request, by the department for the life of the affected source or until the source is no longer subject to the provisions of this subchapter. In addition, if the operation and maintenance plan is revised, the owner or operator shall keep previous versions of the operation and maintenance plan on record to be made available for inspection, upon request, by the department for a period of 5 years after each revision to the plan.

NR 463.05(2)(f) (f) To satisfy the requirements of this subsection, the owner or operator may use applicable standard operating procedure manuals, OSHA plans or other existing plans, provided the alternative plans meet the requirements of this subchapter.

NR 463.05(3) (3) Chromic acid bath standards not met by using reducing agent. The standards in s. NR 463.04 and this section that apply to chromic acid baths may not be met by using a reducing agent to change the form of chromium from hexavalent to trivalent.

NR 463.05 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; CR 05-039: am. (1) (d) 2., (2) (a) 2., 3. and (c) Register February 2006 No. 602, eff. 3-1-06; CR 04-023: am. (2) (e) and (f) Register November 2008 No. 636, eff. 1-1-09.

NR 463.06 NR 463.06 Compliance provisions.

NR 463.06(1) (1) Compliance dates.

NR 463.06(1)(a) (a) The owner or operator of an existing affected source shall comply with the emission limitations in ss. NR 463.04 and 463.05 as follows:

NR 463.06(1)(a)1. 1. No later than October 1, 1998, if the affected source is a decorative chromium electroplating tank.

NR 463.06(1)(a)2. 2. No later October 1, 1999, if the affected source is a hard chromium electroplating tank or a chromium anodizing tank.

NR 463.06(1)(b) (b) The owner or operator of a new or reconstructed affected source that has an initial startup after October 1, 1997, shall comply immediately upon startup of the source. The owner or operator of a new or reconstructed affected source that has an initial startup after December 16, 1993, but before October 1, 1997, shall follow the compliance schedule of s. NR 460.05 (2) (a).

NR 463.06(1)(c) (c) The owner or operator of an existing area source that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source shall comply with the provisions for existing major sources, including the reporting provisions of s. NR 463.106 (7), immediately upon becoming a major source.

NR 463.06(1)(d) (d) The owner or operator of a new area source that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source shall comply with the provisions for new major sources immediately upon becoming a major source.

NR 463.06(1)(e) (e) An owner or operator of an existing hard chromium electroplating tank or tanks located at a small, hard chromium electroplating facility that increases its maximum cumulative potential rectifier capacity, or its actual cumulative rectifier capacity, such that the facility becomes a large, hard chromium electroplating facility shall comply with the requirements of s. NR 463.04 (3) (a) 1. for all hard chromium electroplating tanks at the facility no later than one year after the month in which monthly records required by ss. NR 463.04 (3) (c) and 463.103 (2) (L) show that the large designation is met, or by the compliance date specified in par. (a) 2., whichever is later.

NR 463.06(1)(f) (f) An owner or operator of a decorative chromium electroplating tank that uses a trivalent chromium bath that incorporates a wetting agent, and that ceases using the trivalent chromium process, shall comply with the emission limitation thereafter applicable to the tank within one year of switching from the bath operation.

NR 463.06(2) (2) Request for a compliance date extension. An owner or operator of an affected source or sources that requests a compliance date extension shall do so in accordance with this subsection and the applicable paragraphs of s. NR 460.05 (7). When the owner or operator is requesting the extension for more than one affected source located at the facility, then only one request may be submitted for all affected sources at the facility.

NR 463.06(2)(a) (a) The owner or operator of an existing affected source who is unable to comply with a relevant standard under this subchapter may request that the department grant an extension allowing the owner or operator up to one additional year to comply with the standard for the affected source. The owner or operator of an affected source who has requested a compliance date extension under this subsection and is otherwise required to obtain a part 70 permit for the source shall apply for the permit or apply to have the part 70 permit revised to incorporate the conditions of the compliance date extension. The conditions of a compliance date extension granted under this subsection will be incorporated into the owner or operator’s part 70 permit for the affected source according to 40 CFR part 70 or part 71, whichever is applicable.

NR 463.06(2)(b) (b) Any request under this subsection for an extension of compliance with a relevant standard shall be submitted in writing to the department not later than 6 months before the affected source’s compliance date as specified in this section.

NR 463.06(3) (3) Methods to demonstrate initial compliance.

NR 463.06(3)(a) (a) Except as provided in pars. (b) and (c), an owner or operator of an affected source subject to the requirements of this subchapter is required to conduct an initial performance test as required under s. NR 460.06, using the procedures and test methods listed in ss. NR 460.06 (2) and (5) and 463.09.

NR 463.06(3)(b) (b) If the owner or operator of an affected source meets all of the following criteria, an initial performance test is not required to be conducted under this subchapter:

NR 463.06(3)(b)1. 1. The affected source is a hard chromium electroplating tank, a decorative chromium electroplating tank or a chromium anodizing tank.

NR 463.06(3)(b)2. 2. A wetting agent is used in the plating or anodizing bath to inhibit chromium emissions from the affected source.

NR 463.06(3)(b)3. 3. The owner or operator complies with the applicable surface tension limit of s. NR 463.04 (3) (a) 3. or (b) 3. or (4) (b) as demonstrated through the continuous compliance monitoring required by s. NR 463.07 (5) (b).

NR 463.06(3)(c) (c) If the affected source is a decorative chromium electroplating tank using a trivalent chromium bath, and the owner or operator is subject to the provisions of s. NR 463.04 (5), an initial performance test is not required to be conducted under this subchapter.

NR 463.06 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; CR 05-039: am. (1) (c), (e), (3) (b) 1. and 3. Register February 2006 No. 602, eff. 3-1-06; CR 04-023: am. (2) (a), (3) (a), (b) (intro.) and (c) Register December 2008 No, 636, eff. 1-1-09.

NR 463.07 NR 463.07 Monitoring to demonstrate continuous compliance. The owner or operator of an affected source subject to the emission limitations of this subchapter shall conduct monitoring according to the type of air pollution control technique that is used to comply with the emission limitation. The monitoring required to demonstrate continuous compliance with the emission limitations is identified in this section for the air pollution control techniques expected to be used by the owners or operators of affected sources.

NR 463.07(1) (1) Composite mesh-pad systems.

NR 463.07(1)(a) (a) During the initial performance test, the owner or operator of an affected source, or a group of affected sources under common control, complying with the emission limitations in s. NR 463.04 through the use of a composite mesh-pad system shall determine the outlet chromium concentration using the test methods and procedures in s. NR 463.09 (3), and shall establish as a site-specific operating parameter the pressure drop across the system, setting the value that corresponds to compliance with the applicable emission limitation, using the procedures in s. NR 463.09 (4) (e). An owner or operator may conduct multiple performance tests to establish a range of compliant pressure drop values, or may set as the compliant value the average pressure drop measured over the 3 test runs of one performance test and accept ± 2 inches of water column from this value as the compliant range. 

NR 463.07(1)(b) (b) On and after the date on which the initial performance test is required to be completed under s. NR 460.06, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the pressure drop across the composite mesh-pad system once each day that any affected source is operating. To be in compliance with the standards in s. NR 463.04, the composite mesh-pad system shall be operated within ± 2 inches of water column of the pressure drop value established during the initial performance test, or shall be operated within the range of compliant values for pressure drop established during multiple performance tests.

NR 463.07(1)(c) (c) The owner or operator of an affected source complying with the emission limitation of s. NR 463.04 through the use of a composite mesh-pad system may repeat the performance test and establish as a new site-specific operating parameter the pressure drop across the composite mesh-pad system according to the requirements in par. (a) or (b). To establish a new site-specific operating parameter for pressure drop, the owner or operator shall satisfy all of the following requirements:

NR 463.07(1)(c)1. 1. Determine the outlet chromium concentration using the test methods and procedures in s. NR 463.09 (3).

NR 463.07(1)(c)2. 2. Establish the site-specific operating parameter value using the procedures in s. NR 463.09 (4).

NR 463.07(1)(c)3. 3. Satisfy the recordkeeping requirements in s. NR 463.103.

NR 463.07(1)(c)4. 4. Satisfy the reporting requirements in s. NR 463.106.

NR 463.07(1)(d) (d) The requirement to operate a composite mesh-pad system within the range of pressure drop values established under pars. (a) to (c) does not apply during the automatic-washdown cycles of the composite-mesh pad system.

NR 463.07(2) (2) Packed-bed scrubber systems.

NR 463.07(2)(a) (a) During the initial performance test, the owner or operator of an affected source, or group of affected sources under common control, complying with the emission limitations in s. NR 463.04 through the use of a packed-bed scrubber system shall determine the outlet chromium concentration using the procedures in s. NR 463.09 (3), and shall establish as site-specific operating parameters the pressure drop across the system and the velocity pressure at the common inlet of the control device, setting the value that corresponds to compliance with the applicable emission limitation using the procedures in s. NR 463.09 (4) (d) and (e). An owner or operator may conduct multiple performance tests to establish a range of compliant operating parameter values. Alternatively, the owner or operator may set as the compliant value the average pressure drop and inlet velocity pressure measured over the 3 test runs of one performance test, and accept ± 1 inch of water column from the pressure drop value and ± 10% from the velocity pressure value as the compliant range.

NR 463.07(2)(b) (b) On and after the date on which the initial performance test is required to be completed under s. NR 460.06, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the velocity pressure at the inlet to the packed-bed scrubber and the pressure drop across the scrubber system once each day that any affected source is operating. To be in compliance with the standards in s. NR 463.04, the scrubber system shall be operated within ±10% of the velocity pressure value established during the initial performance test, and within ±1 inch of water column of the pressure drop value established during the initial performance test, or within the range of compliant operating parameter values established during multiple performance tests.

NR 463.07(3) (3) Packed-bed scrubber/composite mesh-pad system. The owner or operator of an affected source, or group of affected sources under common control, that uses a packed-bed scrubber in conjunction with a composite mesh-pad system to meet the emission limitations of s. NR 463.04 shall comply with the monitoring requirements for composite mesh-pad systems as identified in sub. (1).

NR 463.07(4) (4) Fiber-bed mist eliminator.

NR 463.07(4)(a) (a) During the initial performance test, the owner or operator of an affected source, or group of affected sources under common control, complying with the emission limitations in s. NR 463.04 through the use of a fiber-bed mist eliminator shall determine the outlet chromium concentration using the procedures in s. NR 463.09 (3), and shall establish as a site-specific operating parameter the pressure drop across the fiber-bed mist eliminator and the pressure drop across the control device installed upstream of the fiber bed to prevent plugging, setting the value that corresponds to compliance with the applicable emission limitation using the procedures in s. NR 463.09 (4) (e). An owner or operator may conduct multiple performance tests to establish a range of compliant pressure drop values, or may set as the compliant value the average pressure drop measured over the 3 test runs of one performance test and accept ±1 inch of water column from this value as the compliant range.

NR 463.07(4)(b) (b) On and after the date on which the initial performance test is required to be completed under s. NR 460.06, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the pressure drop across the fiber-bed mist eliminator, and the control device installed upstream of the fiber bed to prevent plugging, once each day that any affected source is operating. To be in compliance with the standards in s. NR 463.04, the fiber-bed mist eliminator and the upstream control device shall be operated within ±1 inch of water column of the pressure drop value established during the initial performance test, or shall be operated within the range of compliant values for pressure drop established during multiple performance tests.

NR 463.07(5) (5) Wetting agent-type or combination wetting agent-type/foam blanket fume suppressants.

NR 463.07(5)(a) (a) During the initial performance test, the owner or operator of an affected source complying with the emission limitations in s. NR 463.04 through the use of a wetting agent in the electroplating or anodizing bath shall determine the outlet chromium concentration using the procedures in s. NR 463.09 (3). The owner or operator shall establish as the site-specific operating parameter the surface tension of the bath using Method 306B in Appendix A of 40 CFR part 63, incorporated by reference in s. NR 484.04 (25), setting the maximum value that corresponds to compliance with the applicable emission limitation. In lieu of establishing the maximum surface tension during the performance test, the owner or operator may accept 45 dynes/cm (3.1 x 10-3 pound-force per foot (lbf /ft)) as measured by a stalagmometer or 35 dynes/cm (2.4 x 10-3 lbf /ft) as measured by a tensiometer as the maximum surface tension value that corresponds to compliance with the applicable emission limitation. However, the owner or operator is exempt from conducting a performance test only if the criteria of s. NR 463.06 (3) (b) are met.

NR 463.07(5)(b) (b) On and after the date on which the initial performance test is required to be completed under s. NR 460.06, the owner or operator of an affected source shall monitor the surface tension of the electroplating or anodizing bath. Operation of the affected source at a surface tension greater than the value established during the performance test or greater than 45 dynes/cm (3.1 x 10-3 lbf /ft) as measured by a stalagmometer or 35 dynes/cm (2.4 x 10-3 lbf /ft) as measured by a tensiometer if the owner or operator is using this value in accordance with par. (a), shall constitute noncompliance with the standards in s. NR 463.04. The surface tension shall be monitored according to the following schedule:

NR 463.07(5)(b)1. 1. The surface tension shall be measured once every 4 hours during operation of the tank with a stalagmometer or a tensiometer as specified in Method 306B in Appendix A of 40 CFR part 63, incorporated by reference in s. NR 484.04.

NR 463.07(5)(b)2. 2. The time between monitoring may be increased if there have been no exceedances. The surface tension shall be measured once every 4 hours of tank operation for the first 40 hours of tank operation after the compliance date. Once there are no exceedances during 40 hours of tank operation, surface tension measurement may be conducted once every 8 hours of tank operation. Once there are no exceedances during 40 more hours of tank operation, surface tension measurement may be conducted once every 40 hours of tank operation on an ongoing basis, until an exceedance occurs. The minimum frequency of monitoring allowed by this subchapter is once every 40 hours of tank operation.

NR 463.07(5)(b)3. 3. Once an exceedance occurs as indicated through surface tension monitoring, the original monitoring schedule of once every 4 hours shall be resumed. A subsequent decrease in frequency shall follow the schedule laid out in subd. 2. For example, if an owner or operator had been monitoring an affected source once every 40 hours and an exceedance occurs, subsequent monitoring would take place once every 4 hours of tank operation. Once an exceedance does not occur for 40 hours of tank operation, monitoring may occur once every 8 hours of tank operation. Once an exceedance does not occur for 40 hours of tank operation on this schedule, monitoring may occur once every 40 hours of tank operation.

NR 463.07(5)(c) (c) Once a bath solution is drained from the affected tank and a new solution added, the original monitoring schedule of once every 4 hours shall be resumed, with a decrease in monitoring frequency allowed following the procedures of par. (b) 2. and 3.

NR 463.07(6) (6) Foam blanket-type fume suppressants.

NR 463.07(6)(a) (a) During the initial performance test, the owner or operator of an affected source complying with the emission limitations in s. NR 463.04 through the use of a foam blanket in the electroplating or anodizing bath shall determine the outlet chromium concentration using the procedures in s. NR 463.09 (3), and shall establish as the site-specific operating parameter the thickness of the foam blanket, setting the minimum thickness that corresponds to compliance with the applicable emission limitation. In lieu of establishing the minimum foam blanket thickness during the performance test, the owner or operator may accept 2.54 centimeters (1 inch) as the minimum foam blanket thickness that corresponds to compliance with the applicable emission limitation. All foam blanket measurements shall be taken in close proximity to the workpiece or cathode area in the plating tank.

NR 463.07(6)(b) (b) On and after the date on which the initial performance test is required to be completed under s. NR 460.06, the owner or operator of an affected source shall monitor the foam blanket thickness of the electroplating or anodizing bath. Operation of the affected source at a foam blanket thickness less than the value established during the performance test, or less than 2.54 cm (1 inch) if the owner or operator is using this value in accordance with par. (a), constitutes noncompliance with the standards in s. NR 463.04. The foam blanket thickness shall be measured according to the following schedule:

NR 463.07(6)(b)1. 1. The foam blanket thickness shall be measured once every hour of tank operation.

NR 463.07(6)(b)2. 2. The time between monitoring may be increased if there have been no exceedances. The foam blanket thickness shall be measured once every hour of tank operation for the first 40 hours of tank operation after the compliance date. Once there are no exceedances for 40 hours of tank operation, foam blanket thickness measurement may be conducted once every 4 hours of tank operation. Once there are no exceedances during 40 more hours of tank operation, foam blanket thickness measurement may be conducted once every 8 hours of tank operation on an ongoing basis, until an exceedance occurs. The minimum frequency of monitoring allowed by this subchapter is once per 8 hours of tank operation.

NR 463.07(6)(b)3. 3. Once an exceedance occurs as indicated through foam blanket thickness monitoring, the original monitoring schedule of once every hour shall be resumed. A subsequent decrease in frequency shall follow the schedule laid out in subd. 2. For example, if an owner or operator had been monitoring an affected source once every 8 hours and an exceedance occurs, subsequent monitoring would take place once every hour of tank operation. Once an exceedance does not occur for 40 hours of tank operation, monitoring may occur once every 4 hours of tank operation. Once an exceedance does not occur for 40 hours of tank operation on this schedule, monitoring may occur once every 8 hours of tank operation.

NR 463.07(6)(c) (c) Once a bath solution is drained from the affected tank and a new solution added, the original monitoring schedule of once every hour shall be resumed, with a decrease in monitoring frequency allowed following the procedures of par. (b) 2. and 3.

NR 463.07(7) (7) Fume suppressant/add-on control device.

NR 463.07(7)(a) (a) If the owner or operator of an affected source uses both a fume suppressant and add-on control device and both are needed to comply with the applicable emission limit, monitoring requirements as identified in subs. (1) to (6), and the work practice standards of Table 1 of this subchapter, apply for each of the control techniques used.

NR 463.07(7)(b) (b) If the owner or operator of an affected source uses both a fume suppressant and add-on control device, but only one of these techniques is needed to comply with the applicable emission limit, monitoring requirements as identified in subs. (1) to (6), and work practice standards of Table 1 of this subchapter, apply only for the control technique used to achieve compliance.

NR 463.07(8) (8) Use of an alternative monitoring method.

NR 463.07(8)(a) (a) Requests and approvals of alternative monitoring methods shall be considered in accordance with s. NR 460.07 (6).

NR 463.07(8)(b) (b) After receipt and consideration of an application for an alternative monitoring method, the department may approve alternatives to any monitoring methods or procedures of this subchapter including, but not limited to, the following:

NR 463.07(8)(b)1. 1. Alternative monitoring requirements when installation or use of monitoring devices specified in this subchapter would not provide accurate measurements due to interferences caused by substances within the effluent gases.

NR 463.07(8)(b)2. 2. Alternative locations for installing monitoring devices when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements.

NR 463.07 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; CR 05-039: am. (1) (a), (b), (5) (a), (b) (intro.) and (7) (b), cr. (1) (c) and (d) Register February 2006 No. 602, eff. 3-1-06; CR 04-023: am. (intro.), (5) (b) 2., (6) (b) 2., (7) (a), (8) (b) (intro.) and 1. Register December 2008 No. 636, eff. 1-1-09.

NR 463.08 NR 463.08 Alternative control devices. An owner or operator who uses an air pollution control device not listed in s. NR 463.07 shall submit a description of the device, test results collected in accordance with s. NR 463.09 (3) verifying the performance of the device for reducing chromium emissions to the atmosphere to the level required by this subchapter, a copy of the operation and maintenance plan referenced in s. NR 463.05 including proposed work practice standards, and appropriate operating parameters that will be monitored to establish continuous compliance with the standards in s. NR 463.04. The monitoring plan submitted identifying the continuous compliance monitoring is subject to the department’s approval.

NR 463.08 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; CR 04-023: am. Register December 2008 No. 636, eff. 1-1-09.

NR 463.09 NR 463.09 Performance test requirements and test methods.

NR 463.09(1) (1) Performance test requirements. Performance tests shall be conducted using the test methods and procedures in this section and s. NR 460.06. The test plan to be followed shall be made available to the department prior to the testing, if requested. Performance test results shall be documented in complete test reports that contain all of the following information:

NR 463.09(1)(a) (a) A brief process description.

NR 463.09(1)(b) (b) Sampling location description.