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.
NR 465.42(39)
(39) “Rubber-to-metal coatings" are coatings that contain heat-activated polymer systems in either solvent or water that, when applied to metal substrates, dry to a non-tacky surface and react chemically with the rubber and metal during a vulcanization process.
NR 465.42(40)
(40) “Surface preparation" means use of a cleaning material on a portion of or all of a substrate. This includes use of a cleaning material to remove dried coating, which is sometimes called depainting.
NR 465.42(41)
(41) “Temporary total enclosure" means an enclosure constructed for the purpose of measuring the capture efficiency of pollutants emitted from a given source as defined in Method 204 in
40 CFR part 51, Appendix M, incorporated by reference in
s. NR 484.04 (9).
NR 465.42(42)
(42) “Thinner" means an organic solvent that is added to a coating after the coating is received from the supplier.
NR 465.42(43)
(43) “Total volatile hydrocarbon" or “TVH" means the total amount of nonaqueous volatile organic matter determined according to Methods 204 and 204A to 204F in
40 CFR part 51, Appendix M, incorporated by reference in
s. NR 484.04 (9), and substituting the term TVH each place in the methods where the term VOC is used. The TVH includes both VOC and non-VOC.
NR 465.42(44)
(44) “Uncontrolled coating operation" means a coating operation from which none of the organic HAP emissions are routed through an emission capture system and add-on control device.
NR 465.42(45)
(45) “Volume fraction of coating solids" means the ratio of the volume of coating solids, also known as the volume of nonvolatiles, to the volume of a coating in which it is contained, liters (gallons) of coating solids per liter (gallon) of coating.
NR 465.42(46)
(46) “Wastewater" means water that is generated in a coating operation and is collected, stored or treated prior to being discarded or discharged.
NR 465.42(47)
(47) “You" or “your" means the owner or operator of a facility that applies coatings to miscellaneous metal parts or products.
NR 465.42 History
History: CR 05-040: cr. Register February 2006 No. 602, eff. 3-1-06. NR 465.43(1)(a)(a) For a new or reconstructed affected source, you shall limit organic HAP emissions to the atmosphere from the affected source to the applicable limit specified in
subds. 1. to
5., except as specified in
par. (c), determined according to the requirements in
s. NR 465.46 (2),
465.47 (2) or
465.48 (2).
NR 465.43(1)(a)1.
1. For each new or reconstructed general use coating affected source, limit organic HAP emissions to no more than 0.23 kilograms (kg) (1.9 pounds (lb)) of organic HAP per liter (gallon) of coating solids used during each 12-month compliance period.
NR 465.43(1)(a)2.
2. For each new or reconstructed high performance coating affected source, limit organic HAP emissions to no more than 3.3 kg (27.5 lb) of organic HAP per liter (gallon) of coating solids used during each 12-month compliance period.
NR 465.43(1)(a)3.
3. For each new or reconstructed magnet wire coating affected source, limit organic HAP emissions to no more than 0.050 kg (0.44 lb) of organic HAP per liter (gallon) of coating solids used during each 12-month compliance period.
NR 465.43(1)(a)4.
4. For each new or reconstructed rubber-to-metal coating affected source, limit organic HAP emissions to no more than 0.81 kg (6.8 lb) of organic HAP per liter (gallon) of coating solids used during each 12-month compliance period.
NR 465.43(1)(a)5.
5. For each new or reconstructed extreme performance fluoropolymer coating affected source, limit organic HAP emissions to no more than 1.5 kg (12.4 lb) of organic HAP per liter (gallon) of coating solids used during each 12-month compliance period.
NR 465.43(1)(b)
(b) For an existing affected source, you shall limit organic HAP emissions to the atmosphere from the affected source to the applicable limit specified in
subds. 1. to
5., except as specified in
par. (c), determined according to the requirements in
s. NR 465.46 (2),
465.47 (2) or
465.48 (2).
NR 465.43(1)(b)1.
1. For each existing general use coating affected source, limit organic HAP emissions to no more than 0.31 kg (2.6 lb) of organic HAP per liter (gallon) of coating solids used during each 12-month compliance period.
NR 465.43(1)(b)2.
2. For each existing high performance coating affected source, limit organic HAP emissions to no more than 3.3 kg (27.5 lb) of organic HAP per liter (gallon) of coating solids used during each 12-month compliance period.
NR 465.43(1)(b)3.
3. For each existing magnet wire coating affected source, limit organic HAP emissions to no more than 0.12 kg (1.0 lb) of organic HAP per liter (gallon) of coating solids used during each 12-month compliance period.
NR 465.43(1)(b)4.
4. For each existing rubber-to-metal coating affected source, limit organic HAP emissions to no more than 4.5 kg (37.7 lb) of organic HAP per liter (gallon) of coating solids used during each 12-month compliance period.
NR 465.43(1)(b)5.
5. For each existing extreme performance fluoropolymer coating affected source, limit organic HAP emissions to no more than 1.5 kg (12.4 lb) of organic HAP per liter (gallon) of coating solids used during each 12-month compliance period.
NR 465.43(1)(c)
(c) If your facility's surface coating operations meet the applicability criteria of more than one of the sub-category emission limits specified in
par. (a) or
(b), you may comply separately with each sub-category emission limit or comply using one of the alternatives in
subd. 1. or
2.
NR 465.43(1)(c)1.
1. If the general use or magnet wire surface coating operations subject to only one of the emission limits specified in
par. (a) 1. or
3. or
(b) 1. or
3. account for 90% or more of the surface coating activity at your facility, then compliance with that one emission limit in this subchapter for all surface coating operations constitutes compliance with the other applicable emission limits. 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. 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). Additionally, you shall determine the facility's predominant activity annually and include the determination in the next semi-annual compliance report required by
s. NR 465.45 (2) (a).
NR 465.43 Note
Note: An example of parameters other than coating consumption and mass solids content for estimating the relative mass of coating solids used would be design specifications for the parts or products coated and the number of items produced.
NR 465.43(1)(c)2.
2. You may calculate and comply with a facility-specific emission limit as described in
subd. 2. a. to
c. 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
pars. (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 the other sub-categories and constitute more than one percent of total coating activities. 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 465.43(1)(c)2.a.
a. You are required to calculate the facility-specific emission limit for your facility when you submit the notification of compliance status required in
s. NR 465.45 (1) (c), and on a monthly basis afterward using the coating data for the relevant 12-month compliance period.
NR 465.43(1)(c)2.b.
b. Use Equation 1 of this subsection to calculate the facility-specific emission limit for your surface coating operations for each 12-month compliance period:
where:
Facility-specific emission limit is the facility-specific emission limit for each 12-month compliance period, kg (lb) of organic HAP per kg (lb) of coating solids used
Limit
i is the new source or existing source emission limit as specified in
s. NR 465.43 (1) applicable to coating operation, i, included in the facility-specific emission limit, converted to kg (lb) of organic HAP per kg (lb) of coating solids used, if the emission limit is not already in those units. All emission limits included in the facility-specific emission limit shall be in the same units.
Solids
i is the liters (gallons) of solids used in coating operation, i, in the 12-month compliance period that is subject to emission limit, i, as specified in
s. NR 465.43 (1). You may estimate the 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 use of parameters other than coating consumption and volume solids content shall be approved by the administrator.
n is the number of different coating operations included in the facility-specific emission limit
NR 465.43(1)(c)2.c.
c. If you need to convert an emission limit in another surface coating NESHAP from kg (lb) of organic HAP per kg (lb) of coating solids used to kg (lb) of organic HAP per liter (gallon) of coating solids used, you shall use the default solids density of 1.26 kg of solids per liter of coating solids (10.5 lb of solids per gallon of coating solids).
NR 465.43(2)
(2) What are my options for meeting the emission limits? You shall include all coatings, thinners and other additives, and cleaning materials used in the affected source when determining whether the organic HAP emission rate is equal to or less than the applicable emission limit in
sub. (1). To make this determination, you shall use at least one of the 3 compliance options listed in
pars. (a) to
(c). You may apply any of the compliance options to an individual coating operation, or to multiple coating operations as a group, or to the entire affected source. You may use different compliance options for different coating operations, or at different times on the same coating operation. You may employ different compliance options when different coatings are applied to the same part, or when the same coating is applied to different parts. However, you may not use different compliance options at the same time on the same coating operation. If you switch between compliance options for any coating operation or group of coating operations, you shall document this switch as required by
s. NR 465.45 (3) (c), and you shall report it in the next semiannual compliance report required in
s. NR 465.45 (2).
NR 465.43(2)(a)
(a) Compliant material option. You shall meet all the requirements of
s. NR 465.46 to demonstrate compliance with the applicable emission limit in
sub. (1) using this option. To use this option, you shall demonstrate that the organic HAP content of each coating used in the coating operation or operations is less than or equal to the applicable emission limit in
sub. (1), and that each thinner and other additive, and cleaning material used contains no organic HAP.
NR 465.43(2)(b)
(b) Emission rate without add-on controls option. You shall meet all the requirements of
s. NR 465.47 to demonstrate compliance with the emission limit in
sub. (1) using this option. To use this option, you shall demonstrate that, based on the coatings, thinners and other additives, and cleaning materials used in the coating operation or operations, the organic HAP emission rate for the coating operation or operations is less than or equal to the applicable emission limit in
sub. (1), calculated as a rolling 12-month emission rate and determined on a monthly basis.
NR 465.43(2)(c)
(c) Emission rate with add-on controls option. You shall meet all the requirements of
s. NR 465.48 to demonstrate compliance with the emission limits in
sub. (1), the operating limits in
sub. (3) and the work practice standards in
sub. (4) using this option. To use this option, you shall demonstrate that, based on the coatings, thinners and other additives, and cleaning materials used in the coating operation or operations, and the emissions reductions achieved by emission capture systems and add-on controls, the organic HAP emission rate for the coating operation or operations
is less than or equal to the applicable emission limit in
sub. (1), calculated as a rolling 12-month emission rate and determined on a monthly basis. If you use this compliance option, you shall also demonstrate that all emission capture systems and add-on control devices for the coating operation or operations meet the operating limits required in
sub. (3), except for solvent recovery systems for which you conduct liquid-liquid material balances according to
s. NR 465.48 (2) (j), and that you meet the work practice standards required in
sub. (4).
