Chapter NR 422

NR 422.08(1)(b) (b) Except as provided in sub. (1m), subs. (3) and (4) apply to a facility with coating operations as described in par. (a) located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha if VOC emissions from all industrial cleaning operations, before consideration of controls, equal or exceed 3 tons per year on a 12 consecutive month rolling basis.

NR 422.08(1m) (1m) Exemptions. The following exemptions are applicable to various provisions of this section:

NR 422.08(1m)(a) (a) Subsection (3) does not apply to the stripping of cured coatings or cured inks.

NR 422.08(1m)(b) (b) Subsection (3) (a) does not apply to cleaning conducted in conjunction with performance laboratory testing on coatings or inks; research and development programs; and laboratory tests in quality assurance laboratories.

NR 422.08(1m)(c) (c) Subsection (3) (a) and (e) do not apply to cleaning with aerosol products if 160 fluid ounces or less of VOC-containing aerosol products are used per day for industrial cleaning operations per facility.

NR 422.08(1m)(d) (d) Subsection (3) (a), (d), (e), and (f) do not apply to digital printing.

NR 422.08(1m)(e) (e) Subsection (3) (e) does not apply to cleaning with solvents or solvent solutions in spray bottles or containers described in sub. (3) (b) 2.

NR 422.08(1m)(f) (f) Subsection (3) (e) does not apply to the cleaning of the nozzle tips of automated spray equipment systems, except for robotic systems that are programmed to spray into a closed container.

NR 422.08(2) (2) Emission limitations. No owner or operator of a fabric coating line or a vinyl coating line may cause, allow or permit the emission of any VOCs in excess of:

NR 422.08(2)(a) (a) 0.35 kilograms per liter of coating (2.9 pounds per gallon), excluding water, delivered to each coating applicator from a fabric coating line.

NR 422.08(2)(b) (b) 0.45 kilograms per liter of coating (3.8 pounds per gallon), excluding water, delivered to each coating applicator from a vinyl coating line.

NR 422.08(3) (3) Industrial cleaning operations. Beginning on March 1, 2013, the owner or operator of a facility subject to this subsection shall meet the requirements of this subsection.

NR 422.08(3)(a) (a) Solvent and solvent solution requirements. Except as provided under par. (d), no owner or operator of a facility may cause, allow or permit the use of a solvent or solvent solution for industrial cleaning operations unless the VOC content of the solvent or solvent solution is less than or equal to 0.05 kilograms of VOC per liter (0.42 pounds per gallon). For the purposes of this subsection, VOC content shall be defined as in s. NR 423.02 (11r).

NR 422.08(3)(b) (b) Cleaning devices and methods requirements. Except as provided under par. (d), the owner or operator of a facility shall comply with the following requirements associated with the identified cleaning devices or methods when using solvents or solvent solutions:

NR 422.08(3)(b)1. 1. Physically rub a surface with a porous applicator such as a rag, paper, sponge, or a cotton swab moistened with solvent or solvent solution.

NR 422.08(3)(b)2. 2. Closed containers or hand held spray bottles from which solvents or solvent solutions are applied without a propellant-induced force.

NR 422.08(3)(b)3. 3. Cleaning equipment which has a solvent or solvent solution container that is closed during cleaning operations, except when depositing and removing objects to be cleaned, and is closed during non-operation with the exception of maintenance and repair to the cleaning equipment itself.

NR 422.08(3)(b)4. 4. A remote reservoir cleaner operated in compliance with all of the following requirements:

NR 422.08(3)(b)4.a. a. Solvent vapors are prevented from escaping from the solvent or solvent solution container by using devices such as a cover or a valve when the remote reservoir is not being used, cleaned, or repaired.

NR 422.08(3)(b)4.b. b. Flow is directed in a manner that prevents solvent or solvent solution from splashing outside of the remote reservoir cleaner.

NR 422.08(3)(b)4.c. c. The cleaner is not used for cleaning porous or absorbent materials, such as cloth, leather, wood, or rope.

NR 422.08(3)(b)4.d. d. Only solvent or solvent solution containers free of all liquid leaks are used. Auxiliary equipment, such as pumps, pipelines, or flanges, may not have any liquid leaks, visible tears, or cracks. Any liquid leak, visible tear, or crack detected shall be repaired within one calendar day, or the leaking section of the remote reservoir cleaner shall be drained of all solvents or solvent solutions and shut down until it is replaced or repaired.

NR 422.08(3)(b)5. 5. A non-atomized flow method where the used solvents or solvent solutions are collected in a container or a collection system which is closed, except for the solvent or solvent solution collection openings that may be open when filling or emptying, or the opening caused by use of a pressure relief valve.

NR 422.08(3)(b)6. 6. A flushing method where the used solvents or solvent solutions are discharged into a container which is closed, except for the solvent or solvent solution collection openings that may be open when filling or emptying, or the opening caused by use of a pressure relief valve. The discharged solvents or solvent solutions shall be collected into containers without atomizing into the open air.

NR 422.08(3)(c) (c) Storage and disposal. The owner or operator of a facility shall store all solvents or solvent solutions used in industrial cleaning operations in non-absorbent, non-leaking containers which shall be kept covered except when filling or emptying. Cloth and paper moistened with solvents or solvent solutions shall be stored in covered, non-absorbent, non-leaking containers.

NR 422.08(3)(d) (d) Control equipment. In lieu of complying with the requirements in pars. (a) and (b), the owner or operator of a facility may use a VOC emission control system to control VOC emissions from the industrial cleaning operations at the facility provided one of the following requirements is met:

NR 422.08(3)(d)1. 1. The emission control system has a minimum overall emission reduction efficiency of 85% for VOC emissions, as determined in accordance with s. NR 439.06 (3) (am).

NR 422.08(3)(d)2. 2. The emission control system has a minimum VOC capture efficiency of 90% and an output of VOC emissions of less than 50 ppm calculated as carbon, not including methane and ethane, with no dilution, as determined in accordance with s. NR 439.06 (3) (a).

NR 422.08(3)(e) (e) General prohibitions. The owner or operator of a facility may not atomize any solvent or solvent solution unless the resulting VOC emissions are controlled by an air pollution control system that meets one of the requirements of par. (d).

NR 422.08(3)(f) (f) Alternative compliance option. In lieu of complying with the requirements in par. (a), the owner or operator of a facility may use solvents or solvent solutions for industrial cleaning operations which have a VOC composite partial vapor pressure of less than or equal to 8 mm of Hg at 20°C.

NR 422.08(4) (4) Recordkeeping. In addition to the applicable recordkeeping requirements in s. NR 439.04, the owner or operator of any fabric and vinyl coating line shall collect and record the applicable information specified in this subsection. The information shall be maintained at the facility for a minimum of 5 years and shall be made available to a department representative at any time during normal working hours. The information required is:

NR 422.08(4)(a) (a) For each operation that is exempt under sub. (1m) (c), the daily quantity in fluid ounces of VOC-containing aerosol product used for industrial cleaning operations.

NR 422.08(4)(b) (b) For each operation that is subject to sub. (3), the following information as appropriate:

NR 422.08(4)(b)1. 1. The name and identification of each cleaning material and the associated solvent cleaning activity.

NR 422.08(4)(b)2. 2. The VOC content of each cleaning material, in pounds per gallon of material, as employed or the VOC composite partial vapor pressure of the solvents or solvent solutions used in industrial cleaning operations.

NR 422.08(4)(b)3. 3. For any operation subject to sub. (3) (d), the results of any testing conducted as required under sub. (3) (d).

NR 422.08 History History: Renum. from NR 154.13 (4) (f) and am. Register, September, 1986, No. 369, eff. 10-1-86; am. (2) (intro.), Register, February, 1990, No. 410, eff. 3-1-90; CR 11-005: renum. (1) to be (1) (a) (intro.) and am., cr. (1) (a) 1., 2., (b), (1m), (3), (4) Register January 2012 No. 673, eff. 2-1-12; CR 20-088: am. (1m) (intro.) Register May 2022 No. 797, eff. 6-1-22.

NR 422.083 NR 422.083 Plastic parts coating — part 1.

NR 422.083(1) (1) Applicability.

NR 422.083(1)(ag) (ag) The requirements of this section do not apply to any facility with a plastic parts coating operation meeting the applicability requirements contained in s. NR 422.084 (1) beginning on June 1, 2022.

NR 422.083(1)(ar) (ar) Except as provided under sub. (4), subs. (3) and (4) apply to plastic parts coating at facilities that are located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington, or Waukesha and that have maximum theoretical emissions of VOCs from the facility, excluding any maximum theoretical emissions of VOCs specifically subject to s. NR 419.05, 419.06, or 419.08; ch. NR 420 or 421; ss. NR 422.05 to 422.08 or 422.085 to 422.17; or ss. NR 423.03 to 423.05, or s. NR 424.04 or 424.05, of 25 tons per year or more.

NR 422.083(1)(b) (b) Except as provided under sub. (4), subs. (3) and (4) apply to plastic parts coating at facilities that are located in the county of Kewaunee, Manitowoc, or Sheboygan and that have maximum theoretical emissions of VOCs from the facility, excluding any maximum theoretical emissions of VOCs specifically subject to s. NR 419.05, 419.06, or 419.08; ch. NR 420 or 421; ss. NR 422.05 to 422.08 or 422.085 to 422.17; or ss. NR 423.03 to 423.05, 424.04, or 424.05, of 100 tons per year or more.

NR 422.083(1)(bm) (bm) Subsection (3m) applies to the owner or operator of a plastic parts coating line located at a facility in the county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha if VOC emissions from all plastic parts coating operations and related cleaning activities at the facility, before consideration of controls, equal or exceed 3 tons on a 12 consecutive month rolling basis.

NR 422.083(1)(c) (c) This section does not apply to the following:

NR 422.083(1)(c)1. 1. Plastic parts coating regulated under s. NR 422.095, 422.11, 422.115, or 422.145.

NR 422.083(1)(c)2. 2. Plastic parts coating regulated under s. NR 422.10, 422.105, 422.15, or 422.151 where plastic parts are attached to metal parts prior to the coating of the plastic and metal assembly.

NR 422.083(2) (2) Exemptions. The application of touch-up coatings is exempt from the requirements of this section.

NR 422.083(3) (3) Emission limitations. After December 31, 2002, no owner or operator of a plastic parts coating operation may cause, allow or permit the emission of any VOCs in excess of the limitations specified in Table 1B. If more than one VOC content limitation in Table 1B applies to a coating, the lowest VOC content limitation shall be satisfied.

Table 1B

VOC Content Limitations for Coatings Used in Plastic Parts Coating

[kilogram/liter (pounds/gallons) of coating, excluding water, as applied]

NR 422.083(3m) (3m) Cleaning material work practices. Beginning on March 1, 2013, the owner or operator of a facility subject to this section shall do all of the following:

NR 422.083(3m)(a) (a) Store all VOC-containing cleaning materials and shop towels used for cleaning in closed containers.

NR 422.083(3m)(b) (b) Ensure that storage containers used for VOC-containing materials are kept closed at all times except when depositing or removing material.

NR 422.083(3m)(c) (c) Convey VOC-containing cleaning materials in closed containers or pipes.

NR 422.083(3m)(d) (d) minimize spills of VOC-containing cleaning materials.

NR 422.083(3m)(e) (e) minimize emissions of VOC during cleaning of coating application, storage, mixing, and conveying equipment by ensuring that cleaning is performed without atomizing any VOC-containing cleaning material and that the used material is captured and contained.

NR 422.083(4) (4) Recordkeeping requirements.

NR 422.083(4)(a) (a) To determine applicability under sub. (1) (ar) or (b), each owner or operator of a plastic parts coating operation at a facility located in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha county shall maintain records of the maximum theoretical emissions of VOCs from the facility excluding any maximum theoretical emissions of VOCs specifically subject to s. NR 419.05, 419.06, or 419.08; ch. NR 420 or 421; ss. NR 422.05 to 422.08 or 422.085 to 422.17; or ss. NR 423.03 to 423.05, 424.04, or 424.05.

NR 422.083(4)(b) (b) Any owner or operator subject to this section under the applicability criteria of sub. (1) (ar) or (b) shall maintain records as described in s. NR 439.04 (5).

NR 422.083(4)(c) (c) Records required under this subsection shall be kept for 5 years unless another time period is specified under s. NR 439.04 (2).

NR 422.083 History History: CR 00-174: cr. Register August 2001 No. 548, eff. 9-1-01; CR 02-097: am. (1) (a), (b), and (4) (a), Register June 2004 No. 582, eff. 7-1-04; CR 11-005: am. (1) (a), (b), (3), Table 1B title, cr. (1) (bm), (3m) Register January 2012 No. 673, eff. 2-1-12; CR 20-088: am. (title), renum. (1) (a) to (1) (ar) and am., cr. (1) (ag), am. (1) (b), (c) 1., 2., (4) (a) Register May 2022 No. 797, eff. 6-1-22; correction in (1) (b), (4) made under s. 35.17, Stats., Register May 2022 No. 797; correction in (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2023 No. 808.

NR 422.084 NR 422.084 Plastic parts coating — part 2.

NR 422.084(1) (1) Applicability. Beginning on June 1, 2022, this section applies to all plastic parts coating operations at a facility that meets all of the following criteria:

NR 422.084(1)(a) (a) The facility is located in any of the following areas:

NR 422.084(1)(a)1. 1. An area that is classified as a moderate, serious, severe, or extreme ozone nonattainment area.

NR 422.084(1)(a)2. 2. Any area that meets all the following criteria:

NR 422.084(1)(a)2.a. a. The area had been classified as a moderate, serious, severe, or extreme ozone nonattainment area for a National Ambient Air Quality Standard, as defined in s. NR 489.02 (21), for ozone promulgated in or after 2008.

NR 422.084(1)(a)2.b. b. The area was subsequently reclassified as a marginal ozone nonattainment area or redesignated to an attainment area for ozone.

NR 422.084(1)(b) (b) The facility has actual VOC emissions, before consideration of controls, from all miscellaneous metal parts and products coating operations, plastic parts coating operations, and related cleaning activities equal to or greater than 2.7 tons per year based on any consecutive 12-month period.

NR 422.084(2) (2) Definitions. Notwithstanding the definitions contained in s. NR 422.02, the following definitions apply in this section:

NR 422.084(2)(a) (a) “Electromagnetic interference/radio frequency interference shielding coating” means a coating used on electrical or electronic equipment to provide shielding against electromagnetic interference, radio frequency interference, or static discharge.

NR 422.084(2)(b) (b) “Mask coating” means a thin film coating applied through a template to coat a small portion of a substrate.

NR 422.084(2)(c) (c) “Pretreatment wash primer” means a coating that contains no more than 12 percent solids, by weight, and at least 0.50 percent acid, by weight, as measured according to ASTM D1613-02, incorporated by reference under s. NR 484.10 (25m), and that is used to provide surface etching, corrosion resistance, and adhesion of subsequent coatings.

NR 422.084(2)(d) (d) “Stencil coating” means an ink or a pigmented coating that is rolled or brushed onto a template or stamp in order to add identifying letters, symbols, or numbers.

NR 422.084(2)(e) (e) “Texture coating” means a coating applied to a plastic part that, in its finished form, consists of discrete raised spots of the coating.

NR 422.084(3) (3) Exemptions.

NR 422.084(3)(a) (a) The following activities, materials, and coating lines are exempt from this section:

NR 422.084(3)(a)1. 1. Aerospace coatings.

NR 422.084(3)(a)2. 2. Shipbuilding and repair coatings.

NR 422.084(3)(a)3. 3. Coatings for fiberglass boat manufacturing.

NR 422.084(3)(a)4. 4. Aerosol coating operations.

NR 422.084(3)(a)5. 5. Coatings that are applied to test panels and coupons as part of research and development, quality control, or performance testing activities at paint research or manufacturing facilities.

NR 422.084(3)(a)6. 6. Coating operations regulated under s. NR 422.095, 422.11, or 422.115 for large appliance coatings.

NR 422.084(3)(a)7. 7. Use of adhesives regulated under s. NR 422.127 or 422.128.

NR 422.084(3)(b) (b) Plastic part coating operations using any of the following types of coatings are exempt from the VOC content limitations specified under sub. (4):

NR 422.084(3)(b)1. 1. Touch-up and repair coatings.

NR 422.084(3)(b)2. 2. Stencil coatings applied on clear or transparent substrates.

NR 422.084(3)(b)3. 3. Clear coats or translucent coatings, except for clear coats or translucent coatings applied to automotive and transportation parts.