NR 465.41(2)(a)6.
6. The extreme performance fluoropolymer coatings sub-category includes surface coating operations that are performed using coatings that meet the definition of extreme performance fluoropolymer coatings in
s. NR 465.42 (18).
NR 465.41(2)(b)
(b) You are subject to this subchapter if you own or operate a new, reconstructed or existing affected source, as defined in
sub. (3), that uses 946 liters (250 gallons) per year, or more, of coatings that contain hazardous air pollutants (HAP) in the surface coating of miscellaneous metal parts and products defined in
par. (a); and that is a major source, is located at a major source or is part of a major source of emissions of HAP. A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) or more per year. You do not need to include coatings that meet the definition of non-HAP coating contained in
s. NR 465.42 (31) in determining whether you use 946 liters (250 gallons) per year, or more, of coatings in the surface coating of miscellaneous metal parts and products.
NR 465.41(2)(c)
(c) This subchapter does not apply to surface coating or a coating operation that meets any of the criteria of
subds. 1. to
17.
NR 465.41(2)(c)1.
1. A coating operation conducted at a facility where the facility uses only coatings, thinners and other additives, and cleaning materials that contain no organic HAP, as determined according to
s. NR 465.46 (2) (a).
NR 465.41(2)(c)2.
2. Surface coating operations that occur at research or laboratory facilities, or are part of janitorial, building and facility maintenance operations, or that occur at hobby shops that are operated for noncommercial purposes.
NR 465.41(2)(c)3.
3. Coatings used in volumes of less than 189 liters (50 gallons) per year, provided that the total volume of coatings exempt under this paragraph does not exceed 946 liters (250 gallons) per year at the facility.
NR 465.41(2)(c)4.
4. The surface coating of metal parts and products performed on-site at installations owned or operated by the armed forces of the United States, including the Coast Guard and the National Guard of any state, or the National Aeronautics and Space Administration, or the surface coating of military munitions manufactured by or for the armed forces of the United States, including the Coast Guard and the National Guard of any state.
NR 465.41(2)(c)5.
5. Surface coating where plastic is extruded onto metal wire or cable or metal parts or products to form a coating.
NR 465.41(2)(c)6.
6. Surface coating of metal components of wood furniture that meet the applicability criteria for wood furniture manufacturing in subch.
I.
NR 465.41(2)(c)7.
7. Surface coating of metal components of large appliances that meet the applicability criteria for large appliance surface coating in subch.
III.
NR 465.41(2)(c)8.
8. Surface coating of metal components of metal furniture that meet the applicability criteria for metal furniture surface coating in
40 CFR part 63, Subpart RRRR.
NR 465.41(2)(c)9.
9. Surface coating of metal components of wood building products that meet the applicability criteria for wood building products surface coating in
40 CFR part 63, Subpart QQQQ.
NR 465.41(2)(c)10.
10. Surface coating of metal components of aerospace vehicles that meet the applicability criteria for aerospace manufacturing and rework in
40 CFR part 63, Subpart GG.
NR 465.41(2)(c)11.
11. Surface coating of metal parts intended for use in an aerospace vehicle or component using specialty coatings as defined in
40 CFR part 63, Subpart GG, Appendix A.
NR 465.41(2)(c)12.
12. Surface coating of metal components of ships that meet the applicability criteria for shipbuilding and ship repair in
40 CFR part 63, Subpart II.
NR 465.41(2)(c)13.
13. Surface coating of metal using a web coating process that meets the applicability criteria for paper and other web coating in
40 CFR part 63, Subpart JJJJ.
NR 465.41(2)(c)14.
14. Surface coating of metal using a coil coating process that meets the applicability criteria for metal coil coating in
40 CFR part 63, Subpart SSSS.
NR 465.41(2)(c)15.
15. Surface coating of boats or metal parts of boats, including the use of assembly adhesives, where the facility meets the applicability criteria for boat manufacturing facilities in
40 CFR part 63, Subpart VVVV, except where the surface coating of the boat is a metal coating operation performed on personal watercraft or parts of personal watercraft. This subchapter does apply to metal coating operations performed on personal watercraft and parts of personal watercraft.
NR 465.41(2)(c)16.
16. Surface coating of assembled on-road vehicles that meet the applicability criteria for the assembled on-road vehicle sub-category in plastic parts and products surface coating in subch.
IV.
NR 465.41(2)(c)17.
17. Surface coating of metal components of automobiles and light-duty trucks that meets the applicability criteria in
40 CFR 63.3082(b) for the surface coating of automobiles and light-duty trucks NESHAP in
40 CFR part 63, Subpart IIII, at a facility that meets the applicability criteria in
40 CFR 63.3081(b).
NR 465.41(2)(d)
(d) If your facility meets the applicability criteria in
40 CFR 63.3081(b) of the surface coating of automobiles and light-duty trucks NESHAP in
40 CFR part 63, Subpart IIII, and you perform surface coating of metal parts or products that meets both the applicability criteria in
40 CFR 63.3082(c) and the applicability criteria of this subchapter, then, for the surface coating of any or all of your metal parts or products that meets the applicability criteria in
40 CFR 63.3082(c), you may choose to comply with the requirements of
40 CFR part 63, Subpart IIII, in lieu of complying with the requirements in this subchapter. Surface coating operations on metal parts or products not intended for use in automobiles or light-duty trucks, such as parts for motorcycles or lawn mowers, cannot be made part of your affected source under
40 CFR part 63, Subpart IIII.
NR 465.41(2)(e)
(e) If you own or operate an affected source that meets the applicability criteria of this subchapter and at the same facility you also perform surface coating that meets the applicability criteria of any other final surface coating NESHAP in
40 CFR part 63 or this chapter, you may choose to comply as specified in
subd. 1.,
2. or
3.
NR 465.41(2)(e)1.
1. You may have each surface coating operation that meets the applicability criteria of a separate NESHAP comply with that NESHAP separately.
NR 465.41(2)(e)2.
2. You may comply with the emission limit representing the predominant surface coating activity at your facility, as determined according to
subd. 2. a. and
b. However, you may not establish high performance, rubber-to-metal or extreme performance fluoropolymer coating operations as the predominant activity. You may not consider any surface coating activity that is subject to the surface coating of automobiles and light-duty trucks NESHAP in
40 CFR part 63, Subpart IIII, in determining the predominant surface coating activity at your facility.
NR 465.41(2)(e)2.a.
a. If a surface coating operation accounts for 90% or more of the surface coating activity at your facility, which is the predominant activity, then compliance with the emission limits of the predominant activity for all surface coating operations, as provided in
s. NR 465.43 (1) (c) 1., constitutes compliance with these and other applicable surface coating NESHAP. In determining predominant activity, you shall include coating activities that meet the applicability criteria of other surface coating NESHAP and constitute more than one percent of total coating activities at your facility. Coating activities that meet the applicability criteria of other surface coating NESHAP but comprise less than one percent of coating activities need not be included in the determination of predominant activity but shall be included in the compliance calculation.
NR 465.41(2)(e)2.b.
b. You shall use liters (gallons) of solids used as a measure of relative surface coating activity over a representative period of operation. You may estimate the relative volume of coating solids used from parameters other than coating consumption and volume solids content, such as design specifications for the parts or products coated and the number of items produced. The determination of predominant activity shall accurately reflect current and projected coating operations and shall be verifiable through appropriate documentation. The use of parameters other than coating consumption and volume solids content shall be approved by the administrator. You may use data for any reasonable time period of at least one year in determining the relative amount of coating activity, as long as they represent the way the source will continue to operate in the future and are approved by the administrator. You shall determine the predominant activity at your facility and submit the results of that determination with the initial notification required by
s. NR 465.45 (1) (b). You shall also determine predominant activity annually and include the determination in the next semi-annual compliance report required by
s. NR 465.45 (2) (a).
NR 465.41(2)(e)3.
3. You may comply with a facility-specific emission limit, as provided in
s. NR 465.43 (1) (c) 2., calculated from the relative amount of coating activity that is subject to each emission limit. If you elect to comply using the facility-specific emission limit alternative, then compliance with the facility-specific emission limit and the emission limits specified in
s. NR 465.43 (1) (a) and
(b) for all surface coating operations constitutes compliance with this and other applicable surface coating NESHAP. In calculating a facility-specific emission limit, you shall include coating activities that meet the applicability criteria of other surface coating NESHAP and constitute more than one percent of total coating activities at your facility. You may not consider any surface coating activity that is subject to the surface coating of automobiles and light-duty trucks NESHAP in
40 CFR part 63, Subpart IIII in determining a facility-specific emission limit for your facility. Coating activities that meet the applicability criteria of other surface coating NESHAP but comprise less than one percent of total coating activities need not be included in the calculation of the facility-specific emission limit but shall be included in the compliance calculations.
NR 465.41(3)
(3) What parts of my plant does this subchapter cover? NR 465.41(3)(a)(a) This subchapter applies to each new, reconstructed and existing affected source within each of the 5 sub-categories listed in
sub. (2) (a).
NR 465.41(3)(b)
(b) The affected source is the collection of all of the items listed in
subds. 1. to
4. that are used for surface coating of miscellaneous metal parts and products within each sub-category.
NR 465.41(3)(b)2.
2. All storage containers and mixing vessels in which coatings, thinners and other additives, and cleaning materials are stored or mixed.
NR 465.41(3)(b)3.
3. All manual and automated equipment and containers used for conveying coatings, thinners and other additives, and cleaning materials.
NR 465.41(3)(b)4.
4. All storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation.
NR 465.41(3)(c)
(c) An affected source is a new affected source if you commenced its construction after August 13, 2002 and the construction is of a completely new miscellaneous metal parts and products surface coating facility where previously no miscellaneous metal parts and products surface coating facility had existed.
NR 465.41(3)(e)
(e) An affected source is existing if it is not new or reconstructed.
NR 465.41(4)
(4) When do i have to comply with this subchapter? The date by which you shall comply with this subchapter is called the compliance date. The compliance date for each type of affected source is specified in
pars. (a) to
(c). The compliance date begins the initial compliance period during which you conduct the initial compliance demonstration described in
ss. NR 465.46 (1),
465.47 (1) and
465.48 (1).
NR 465.41(4)(a)
(a) For a new or reconstructed affected source, the compliance date is the applicable date in
subd. 1. or
2.
NR 465.41(4)(a)1.
1. If the initial startup of your new or reconstructed affected source is on or
before January 2, 2004, the compliance date is January 2, 2004.
NR 465.41(4)(a)2.
2. If the initial startup of your new or reconstructed affected source occurs after January 2, 2004, the compliance date is the date of initial startup of your affected source.
NR 465.41(4)(b)
(b) For an existing affected source, the compliance date is January 2, 2007.
NR 465.41(4)(c)
(c) For an area source that increases its emissions or its potential to emit so that it becomes a major source of HAP emissions, the compliance date is specified in
subds. 1. and
2.
NR 465.41(4)(c)1.
1. For any portion of the source that becomes a new or reconstructed affected source subject to this subchapter, the compliance date is the date of initial startup of the affected source or January 2, 2004, whichever is later.
NR 465.41(4)(c)2.
2. For any portion of the source that becomes an existing affected source subject to this subchapter, the compliance date is the date one year after the area source becomes a major source or January 2, 2007, whichever is later.
NR 465.41(4)(d)
(d) You shall meet the notification requirements in
s. NR 465.45 (1) according to the dates specified in that section and in
ch. NR 460. Some of the notifications need to be submitted before the compliance dates described in
pars. (a) to
(c).
NR 465.41 History
History: CR 05-040: cr. Register February 2006 No. 602, eff. 3-1-06. NR 465.42
NR 465.42
Definitions that apply to this subchapter. For terms not defined in this section, the definitions contained in
chs. NR 400 and
460 apply to the terms in this subchapter, with definitions in
ch. NR 460 taking precedence over definitions in
ch. NR 400. If this section defines a term which is also defined in
ch. NR 400 or
460, the definition in this section applies in this subchapter. In this subchapter:
NR 465.42(1)
(1) “Additive" means a material that is added to a coating after purchase from a supplier, such as catalysts, activators and accelerators.
NR 465.42(2)
(2) “Add-on control" means an air pollution control device, such as a thermal oxidizer or carbon adsorber, that reduces pollution in an air stream by destruction or removal before discharge to the atmosphere.
NR 465.42(3)
(3) “Adhesive" or “adhesive coating" means any chemical substance that is applied for the purpose of bonding 2 surfaces together. Products used on humans and animals, adhesive tape, contact paper or any other product with an adhesive incorporated onto or in an inert substrate is not considered adhesives under this subchapter.
NR 465.42(4)
(4) “Assembled on-road vehicle coating" means any coating operation in which coating is applied to the surface of some component or surface of a fully assembled motor vehicle or trailer intended for on-road use, including components or surfaces on automobiles and light-duty trucks that have been repaired after a collision or otherwise repainted, fleet delivery trucks, and motor homes and other recreational vehicles, including camping trailers and fifth wheels. Assembled on-road vehicle coating includes the concurrent coating of parts of the assembled on-road vehicle that are painted off-vehicle to protect systems, equipment or to allow full coverage. Assembled on-road vehicle coating does not include surface coating operations that meet the applicability criteria of the automobiles and light-duty trucks NESHAP. Assembled on-road vehicle coating also does not include the use of adhesives, sealants and caulks used in assembling on-road vehicles.
NR 465.42(5)
(5) “Capture device" means a hood, enclosure, room, floor sweep or other means of containing or collecting emissions and directing those emissions into an add-on air pollution control device.
NR 465.42(6)
(6) “Capture efficiency" or “capture system efficiency" means the portion, expressed as a percentage, of the pollutants from an emission source that is delivered to an add-on control device.
NR 465.42(7)
(7) “Capture system" means one or more capture devices intended to collect emissions generated by a coating operation in the use of coatings or cleaning materials, both at the point of application and at subsequent points where emissions from the coatings and cleaning materials occur, such as flash-off, drying or curing. As used in this subchapter, multiple capture devices that collect emissions generated by a coating operation are considered a single capture system.
NR 465.42(8)
(8) “Cleaning material" means a solvent used to remove contaminants and other materials, such as dirt, grease, oil and dried or wet coating, from a substrate before or after coating application or from equipment associated with a coating operation, such as spray booths, spray guns, racks, tanks and hangers. Thus, it includes any cleaning material used on substrates or equipment or both.
NR 465.42(9)
(9) “Coating" means a material applied to a substrate for decorative, protective or functional purposes. Coating materials include paints, sealants, liquid plastic coatings, caulks, inks, adhesives and masking agents. Decorative, protective or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances, or paper film or plastic film which may be pre-coated with an adhesive by the film manufacturer, are not considered coatings for the purposes of this subchapter. A liquid plastic coating means a coating made from fine particle-size polyvinyl chloride in solution, also referred to as a plastisol.
NR 465.42(10)
(10) “Coating operation" means equipment used to apply cleaning materials to a substrate to prepare it for coating application or to remove dried coating; to apply coating to a substrate and to dry or cure the coating after application; or to clean coating operation equipment. A single coating operation may include any combination of these types of equipment, but always includes at least the point at which a given quantity of coating or cleaning material is applied to a given part and all subsequent points in the affected source where organic HAP are emitted from the specific quantity of coating or cleaning material on the specific part. There may be multiple coating operations in an affected source. Coating application with hand-held, non-refillable aerosol containers, touch-up markers or marking pens is not a coating operation for the purposes of this subchapter.
NR 465.42(11)
(11) “Coatings solids" means the nonvolatile portion of the coating that makes up the dry film.
NR 465.42(12)
(12) “Continuous parameter monitoring system" or “CPMS" means the total equipment that may be required to meet the data acquisition and availability requirements of this subchapter, used to sample, condition, if applicable, analyze and provide a record of coating operation, or capture system, or add-on control device parameters.
NR 465.42(13)
(13) “Controlled coating operation" means a coating operation from which some or all of the organic HAP emissions are routed through an emission capture system and add-on control device.
NR 465.42(14)
(14) “Deviation" means any instance in which an affected source subject to this subchapter, or an owner or operator of an affected source, does any of the following:
NR 465.42(14)(a)
(a) Fails to meet any requirement or obligation established by this subchapter, including any emission limit or operating limit or work practice standard.
NR 465.42(14)(b)
(b) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subchapter and that is included in the operating permit for any affected source required to obtain an operating permit.
NR 465.42(14)(c)
(c) Fails to meet any emission limit, or operating limit, or work practice standard in this subchapter during startup, shutdown and normal operation, regardless of whether or not the failure is permitted by this subchapter.
NR 465.42(15)
(15) “Emission limit" means the aggregate of all requirements associated with a compliance option including emission limit, operating limit and work practice standard.
NR 465.42(16)
(16) “Enclosure" means a structure that surrounds a source of emissions and captures and directs the emissions to an add-on control device.
NR 465.42(17)
(17) “Exempt compound" means a specific compound that is not considered a VOC due to negligible photochemical reactivity. The exempt compounds are listed in
s. NR 400.02 (162).
NR 465.42(18)
(18) “Extreme performance fluoropolymer coating" means coatings that are formulated systems based on fluoropolymer resins which often contain bonding matrix polymers dissolved in non-aqueous solvents as well as other ingredients. Extreme performance fluoropolymer coatings are typically used when one or more critical performance criteria are required including a nonstick low-energy surface, dry film lubrication, high resistance to chemical attack, extremely wide operating temperature, high electrical insulating properties or that the surface comply with government or third party specifications for health, safety, reliability or performance. Once applied to a substrate, extreme performance fluoropolymer coatings undergo a curing process that typically requires high temperatures, a chemical reaction or other specialized technology.
NR 465.42(19)
(19) “Facility maintenance" means the routine repair or renovation, including the surface coating, of the tools, equipment, machinery and structures that comprise the infrastructure of the affected facility and that are necessary for the facility to function in its intended capacity.
NR 465.42(20)
(20) “General use coating" means any material that meets the definition of coating but does not meet the definition of high performance coating, rubber-to-metal coating, magnet wire coating or extreme performance fluoropolymer coating.
NR 465.42(21)
(21) “High performance architectural coating" means any coating applied to architectural subsections which is required to meet the specifications of American Architectural Manufacturer Association's publication number AAMA 2604-02, incorporated by reference in
s. NR 484.11 (1).
NR 465.42(22)
(22) “High performance coating" means any coating that meets the definition in this section of high performance architectural coating or high temperature coating.
NR 465.42(23)
(23) “High temperature coating" means any coating applied to a substrate which during normal use shall withstand temperatures of at least 1000 degrees Fahrenheit.
NR 465.42(24)
(24) “Hobby shop" means any surface coating operation, located at an affected source, that is used exclusively for personal, noncommercial purposes by the affected source's employees or assigned personnel.
NR 465.42(25)
(25) “Initial startup" means the first time equipment is brought on line in a facility.
NR 465.42(26)
(26) “Magnet wire coatings", commonly referred to as “magnet wire enamels", are applied to a continuous strand of wire which will be used to make turns, or windings, in electrical devices such as coils, transformers or motors. Magnet wire coatings provide high dielectric strength and turn-to-turn conductor insulation. This allows the turns of an electrical device to be placed in close proximity to one another which leads to increased coil effectiveness and electrical efficiency.
NR 465.42(27)
(27) “Magnet wire coating machine" means equipment which applies and cures magnet wire coatings.
NR 465.42(28)
(28) “Manufacturer's formulation data" means data on a material, such as a coating, that are supplied by the material manufacturer based on knowledge of the ingredients used to manufacture that material, rather than based on testing of the material with the test methods specified in
s. NR 465.46 (2). Manufacturer's formulation data may include information on density, organic HAP content, volatile organic matter content and coating solids content.
NR 465.42(29)
(29) “Mass fraction of organic HAP" means the ratio of the mass of organic HAP to the mass of a material in which it is contained, expressed as kg (lb) of organic HAP per kg (lb) of material.
NR 465.42(30)
(30) “Month" means a calendar month or a pre-specified period of 28 days to 35 days to allow for flexibility in recordkeeping when data are based on a business accounting period.
NR 465.42(31)
(31) “Non-HAP coating" means, for the purposes of this subchapter, a coating that contains no more than 0.1% by mass of any individual organic HAP that is an OSHA-defined carcinogen as specified in
29 CFR 1910.1200(d)(4) and no more than 1.0% by mass for any other individual HAP.
NR 465.42(32)
(32) “Organic HAP content" means the mass of organic HAP emitted per volume of coating solids used for a coating calculated using Equation 2 of
s. NR 465.46 (2). The organic HAP content is determined for the coating in the condition it is in when received from its manufacturer or supplier and does not account for any alteration after receipt. For reactive adhesives in which some of the HAP react to form solids and are not emitted to the atmosphere, organic HAP content is the mass of organic HAP that is emitted, rather than the organic HAP content of the coating as it is received.
NR 465.42(33)
(33) “Permanent total enclosure" or “PTE" means a permanently installed enclosure that meets the criteria of Method 204 in
40 CFR part 51, Appendix M, incorporated by reference in
s. NR 484.04 (9), for a PTE and that directs all the exhaust gases from the enclosure to an add-on control device.
NR 465.42(34)
(34) “Personal watercraft" means a boat which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person or persons sitting, standing or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel.
NR 465.42(35)
(35) “Protective oil" means an organic material that is applied to metal for the purpose of providing lubrication or protection from corrosion without forming a solid film. This definition of protective oil includes lubricating oils, evaporative oils, including those that evaporate completely, and extrusion oils. Protective oils used on miscellaneous metal parts and products include magnet wire lubricants and soft temporary protective coatings that are removed prior to installation or further assembly of a part or component.
NR 465.42(36)
(36) “Reactive adhesive" means adhesive systems composed, in part, of volatile monomers that react during the adhesive curing reaction, and, as a result, do not evolve from the film during use. These volatile components instead become integral parts of the adhesive through chemical reaction. At least 70% of the liquid components of the system, excluding water, react during the process.
NR 465.42(37)
(37) “Research or laboratory facility" means a facility whose primary purpose is for research and development of new processes and products, that is conducted under the close supervision of technically trained personnel, and is not engaged in the manufacture of final or intermediate products for commercial purposes, except in a de minimis manner.
