SECTION 25 incorporates the Miscellaneous Industrial Adhesives CTG’s VOC control measures for adhesive use.
SECTION 32 incorporates the Miscellaneous Metal and Plastic Parts Coatings CTG’s VOC control measures for miscellaneous metal parts and products coatings.
These proposed Part II rules will apply to sources that meet the applicability threshold in areas of the state that have ever been designated as nonattainment of the 2008 or 2015 federal ozone standard and classified as moderate (or higher).
SECTIONS 11 and 33 through 41 update current Methods of compliance (s. NR 422.04), Industrial cleaning operations – part 1 and part II (ss. NR 423.035 and NR 423.037), Exceptions and non-ozone season alowances (s. NR 425.04), and Recordkeeping (s. NR 439.04) language to include references to the proposed Part II rules. Corrections
SECTION 10 eliminates conflicts between current language in s. NR 422.03 (7), which establishes exemptions from ch. NR 422 limits for facilities using 55 gallons or less of a coating, and current exemption language in s. NR 422.095. The proposed changes also avoid a conflict with proposed s. NR 422.084 Plastic parts coating – Part II exemption language. SECTIONS 30 and 31 correct an error made in the AM-44-10 rulemaking, which inadvertantly removed the counties of Kewaunee, Manitowoc, and Walworth from the Miscellaneous metal parts and products – Part I rule (s. NR 422.15 (1) (am) 2.). SECTIONS 17 and 20 remove two notes describing the maximum theoretical emission calculation from the Plastic parts coating – Part I rule (s. NR 422.083 (1)), as notes are not enforceable and the information in the notes are provided elsewhere in ch. NR 422. SECTIONS 16 and 19 update the types of VOC emissions which should be excluded from a source’s maximum theoretical emissions in s. NR 422.083 Plastic parts coatings – part I. The proposed changes correct errors in past rulemakings, which failed to update references to sections of ch. NR 422.
The proposed changes to ch. NR 422 are expected to apply to between seven and 32 sources, depending on the classification of ozone nonattainment areas at the time the rules are finalized. Seven sources are related to the re-incorporation of the three counties into the Miscellaneous metal parts and products – Part I rule and up to 25 sources (depending on ozone nonattainment area classification and the magnitude of the sources’ VOC emissions) are related to incorporation of the three new Part II rules. It is expected that many sources are already meeting some or all of the requirements contained in the proposed rule. The department’s recent experience working with several sources that would be affected by this rule is that no changes in operations or controls at these sources were necessary, as they were already meeting the VOC content limits of the applicable CTG. 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: The proposed revisions to the plastic parts coating, miscellaneous metal parts coating and adhesive coating VOC RACT regulations are based directly on the latest EPA CTGs. The rules regulate VOC emissions from individual coating lines with emissions above specified thresholds, as well as regulating VOC cleaning solvent work practices.
7. Summary of Any Public Comments and Feedback on the Statement of Scope of the Proposed Rule Received at Any Preliminary Public Hearing and Comment Period. Include How and to What Extent the Agency Took Those Comments and Feedback into Account in Drafting the Proposed Rule: A preliminary public hearing was held pursuant to s. 227.136, Stats., on March 8, 2019. Written comments were also accepted until March 18, 2019. No comments were received from the preliminary public hearing and comment period on the statement of scope of the proposed rule. 8. Comparison with Similar Rules in Adjacent States: Illinois and Indiana have similar administrative rules that reflect the latest federal CTGs. Minnesota and Michigan do not have any nonattainment areas subject to this requirement and therefore are not required to have updated VOC RACT regulations.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: The revised plastic parts coating rule, adhesive use rule, and the miscellaneous metal parts and products coating rule are based on CTGs issued by EPA in 2008 for these categories. All the recommended control measures in these CTGs are incorporated into the new rules. The current VOC RACT rules for these source categories will continue to apply in other areas of the state.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: Analysis conducted by the department indicates that the proposed control requirements may impact one small business. The number of potentially affected facilities was estimated from state emission reporting and inventory estimates. Estimated cost per facility to comply with these CTGs was provided by EPA in its CTG documents and has been adjusted by the department using a national inflation calculator to 2020 dollars.
The work practices for coating-related activities and cleaning materials are considered standard industrial practice. Most, if not all, facilities already implement solvent cleaning work practices that would meet the requirements of the rule changes. The proposed rule establishes those standard work practices as requirements.
11. Effect on Small Business (initial regulatory flexibility analysis): The DNR anticipates that the total cost to the single small business as a result of this rule will be approximately $13,440. More specific cost estimates are provided below.
Miscellaneous metal and plastic parts coating (ss. NR 422.151 and NR 422.084, Wis. Adm. Code) The DNR estimates that one small business may be impacted by the proposed miscellaneous metal and plastic parts coating rules in ss. NR 422.151 and NR 422.084, Wis. Adm. Code. DNR estimates that 23 facilities in Wisconsin’s ozone nonattainment areas conduct activities related to miscellaneous metal and plastic parts coating; however, only a small percentage of facilities will have emissions above the applicability threshold for VOC RACT in any given year. Of these 23 facilities, only one facility that is considered a small business, based on the definition in s. 227.114(1), Stats., is known to the department to emit VOCs related to miscellaneous metal and plastic parts coating in excess of the threshold. In its 2008 CTG, EPA estimated the national average cost of this RACT control is an annualized cost of $10,500/facility in 2007 dollars. Updated for 2020, the cost for RACT control is an annualized cost of $13,440/facility. This gives a total estimated annualized cost to implement RACT control for small businesses using the updated CTG limits for miscellaneous metal and plastic parts coating processes of $13,440.
Miscellaneous industrial adhesives (s. NR 422.128, Wis. Adm. Code) The DNR does not anticipate small businesses to be impacted by the proposed adhesive use rule in s. NR 422.128, Wis. Adm. Code. DNR estimates that nine facilities in Wisconsin’s ozone nonattainment areas currently conduct activities involving miscellaneous industrial adhesives applications; however, in the past five years, none of the facilities have had emissions above the applicability threshold for VOC RACT in any given year. Given that no facilities considered small businesses are known to the department to currently be emitting VOCs related to adhesive use in excess of the threshold, the total estimated annualized cost to implement RACT control for small businesses using the updated CTG limits for miscellaneous industrial adhesives applications is $0.
12. Agency Contact Person: Olivia Salmon, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707-7921; OliviaE.Salmon@wisconsin.gov; (608) 264-9219 13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, or by email to:
Olivia Salmon – AM/7
Department of Natural Resources
P.O. Box 7921, Madison, WI 53707-7921;101 S. Webster Street - GEF2
MADISON, WI 53703
(608) 264-9219
An online hearing will be held on January 25, 2021 at 2:00 p.m.
Join by phone: 1 312 626 6799
Meeting ID: 960 9039 0697
The deadline for submitting public comments is February 1, 2020.
Section 1 NR 400.02 (intro.) is created to read:
NR 400.02 Definitions. Except when another definition is specifically made applicable, in chs. 401-499: Section 2 NR 419.02 (intro.) is amended to read:
NR 419.02 Definitions. The Except when another definition is specifically made applicable, the definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms except when another definition is specifically made applicable, in this chapter and in chs. NR 420 to 425.: Section 3 NR 421.02 (intro.) is amended to read:
NR 421.02 Definitions. The Except when another definition is specifically made applicable, the definitions contained in chs. NR 400, 419, and 420 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used except when another definition is specifically made applicable, in this chapter and in chs. NR 422 to 425: Section 4 NR 422.01 (3) is created to read:
NR 422.01 (3) For a source located in a former or current ozone nonattainment area that had VOC emissions exceeding the applicability emission thresholds and became subject to the requirements of this chapter, the requirements of this chapter remain applicable notwithstanding any subsequent decrease in VOC emissions to a level below the applicability emission thresholds. The department may exclude a source with an approved federally enforceable permit or State Implementation Plan revision that permanently restricts maximum theoretical emissions and meets all applicable federal VOC RACT requirements.
Section 5 NR 422.02 (intro.) is amended to read:
NR 422.02 The Except when another definition is specifically made applicable, the definitions contained in chs. NR 400, 419, and 421 apply to the terms used in this chapter. In addition, except when another definition is specifically made applicable, the following definitions apply to the terms used in this chapter: Section 6 NR 422.02 (1) is renumbered (1m).
Section 7 NR 422.02 (1d), (1h), (3g) (3r), (4g), (4r), (10m) and (Note), (12o), (12q), (15m), (19f), (19v), (19x), (20q), (20u), (20y), (21d) (21j), (25g), (25r), (32m), (34d), (34v), (36m), (38m), (41e), (41m), (41s), (42d), (42h) and (Note), (42s), (45s),(53j), (53k), (54a), (54b), (54c), (54d), (54e), (54f) and (Note), (54g), (54h), (54i) and (Note), (54j), (54k) and (54L) are created to read:
NR 422.02 (1d) “Acrylonitrile-butadiene-styrene welding” or “ABS welding” means any process to weld acrylonitrile-butadiene-styrene pipe.
(1h) “Adhesion primer” means a coating that is applied to a polyolefin part to promote the adhesion of a subsequent coating and that is clearly identified as an adhesion primer or adhesion promoter on its accompanying material safety data sheet.
(3g) “Aerosol adhesive” means an adhesive or adhesive primer packaged as an aerosol product in which the spray mechanism is permanently housed in a non-refillable can designed for handheld application without the need for ancillary hoses or spray equipment.
(3r) “Air assisted airless spray” means a spray coating method that combines compressed air with hydraulic pressure to atomize the coating material into finer droplets than is achieved with pure airless spray. Lower hydraulic pressure is used than with airless spray.
(4g) “Airless spray” means a spray coating method in which the coating is atomized by forcing it through a small opening at high pressure and in which the coating liquid is not mixed with air before exiting from the nozzle.
(4r) “Antifoulant coating” means any coating applied to the underwater portion of a pleasure craft to prevent or reduce the attachment of biological organisms and that is registered with EPA as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act.
(10m) “Black coating” means a coating that meets all of the following criteria:
(a) Maximum lightness: 23 units.
