Chapter NR 422

NR 422.151(3)(a) (a) The following activities, materials, and coating lines are exempt from this section:

NR 422.151(3)(a)1. 1. Aerospace coatings.

NR 422.151(3)(a)2. 2. Shipbuilding and repair coatings.

NR 422.151(3)(a)3. 3. Coatings for fiberglass boat manufacturing.

NR 422.151(3)(a)4. 4. Aerosol coating operations.

NR 422.151(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 422.151(3)(a)6. 6. Coating lines covered under ss. NR 422.05 to 422.12.

NR 422.151(3)(a)7. 7. Use of adhesives regulated under s. NR 422.127 or 422.128.

NR 422.151(3)(b) (b) Metal coating operations using the following types of coatings are exempt from the VOC content limitations specified under sub. (4) and the application methods specified under sub. (5):

NR 422.151(3)(b)1. 1. Stencil coatings.

NR 422.151(3)(b)2. 2. Safety-indicating coatings.

NR 422.151(3)(b)3. 3. Solid-film lubricants.

NR 422.151(3)(b)4. 4. Electric-insulating and thermal-conducting coatings.

NR 422.151(3)(b)5. 5. Magnetic data storage disk coatings.

NR 422.151(3)(b)6. 6. Plastic extruded onto metal parts to form a coating.

NR 422.151(3)(c) (c) Metal coating operations using the following types of coatings are exempt from the application methods specified under sub. (5):

NR 422.151(3)(c)1. 1. Touch-up coatings.

NR 422.151(3)(c)2. 2. Repair coatings.

NR 422.151(3)(c)3. 3. Texture coatings.

NR 422.151(4) (4) Emission limits.

NR 422.151(4)(a) (a) Except as specified under par. (b), the owner or operator of a metal parts coating operation located at an affected facility under this section shall use the low-VOC coatings that meet the VOC content limits in Table 6 for the affected metal coating operations. If more than one VOC content limit applies to a specific coating, the most stringent VOC content limit shall be applied.

Table 6

VOC Content Limitations for Coatings Used in Metal Parts and Products Coating – Low-VOC Coatings

[kilogram/liter (pounds/gallons) of coating, excluding water and exempt compounds listed in s. NR 400.02 (162) (a), as applied]

NR 422.151 Note Note: The VOC content limits for the coating and application types under Table 6 rows 1. a. to 2. y. apply to any coating that does not meet the definitions for the specific coatings listed under Table 6 rows 3. a. to 4. h.

NR 422.151(4)(b) (b) If the low-VOC coatings that meet the VOC content limits required under par. (a) are not used at an affected facility, the owner or operator shall use add-on control equipment that achieves a minimum overall emission reduction efficiency of 90 percent for VOC.

NR 422.151(5) (5) Application methods. An owner or operator of an affected facility under this section, except for a facility that uses add-on control equipment as described under sub. (4) (b), shall use one or a combination of the following application methods for the affected coating operations:

NR 422.151(5)(a) (a) Electrostatic application.

NR 422.151(5)(b) (b) High-volume, low-pressure spray equipment.

NR 422.151(5)(c) (c) Flow coating.

NR 422.151(5)(d) (d) Roll coating.

NR 422.151(5)(e) (e) Dip coating, including electrodeposition.

NR 422.151(5)(f) (f) Airless spray.

NR 422.151(5)(g) (g) Air-assisted airless spray.

NR 422.151(5)(h) (h) Other coating application methods that are capable of achieving a transfer efficiency equivalent or better than achieved by high-volume, low-pressure spraying and are approved by the department.

NR 422.151(6) (6) Add-on control equipment requirements. An owner or operator that uses add-on control equipment as described under sub. (4) (b) shall comply with the applicable monitoring, testing, and recordkeeping requirements under ss. NR 439.04 (5) (e), 439.055, and 439.075.

NR 422.151(7) (7) Work practices for coating-related activities. The owner or operator of an affected facility under this section shall do all of the following for coating-related activities:

NR 422.151(7)(a) (a) Store all VOC-containing coatings, thinners, and coating-related waste materials in closed containers.

NR 422.151(7)(b) (b) Ensure that mixing and storage containers used for VOC-containing coatings, thinners, and coating-related waste materials are kept closed at all times, except when depositing or removing those materials.

NR 422.151(7)(c) (c) Minimize spills of VOC-containing coatings, thinners, and coating-related waste materials.

NR 422.151(7)(d) (d) Convey VOC-containing coatings, thinners, and coating-related waste materials from one location to another in closed containers or pipes.

NR 422.151(8) (8) Cleaning material work practices. The owner or operator of an affected facility under this section shall do all of the following for cleaning materials:

NR 422.151(8)(a) (a) Store all VOC-containing cleaning materials and used shop towels in closed containers.

NR 422.151(8)(b) (b) Ensure that storage containers used for VOC-containing materials are kept closed at all times, except when depositing or removing those materials.

NR 422.151(8)(c) (c) Convey VOC-containing cleaning materials from one location to another in closed containers or pipes.

NR 422.151(8)(d) (d) Minimize spills of VOC-containing cleaning materials.

NR 422.151(8)(e) (e) Minimize emissions of VOCs 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 422.151(9) (9) Recordkeeping requirements.

NR 422.151(9)(a) (a) An owner or operator subject to the VOC content limitations under sub. (4) (a) shall maintain records as described under s. NR 439.04 (5) (a).

NR 422.151(9)(b) (b) Records required under this subsection shall be kept for the time period specified under s. NR 439.04 (2).

NR 422.151(10) (10) Compliance schedule and certification.

NR 422.151(10)(a) (a) Compliance schedule. The owner or operator of a miscellaneous metal parts and products facility shall comply with the applicable requirements of this section upon the facility becoming subject to this section as provided under sub. (1), except for any of the following:

NR 422.151(10)(a)1. 1. The owner or operator of a miscellaneous metal parts and products facility subject to this section that commenced construction before June 1, 2022, shall comply with applicable requirements of this section by November 28, 2022. Any facility that was subject to s. NR 422.15 before June 1, 2022, shall continue to comply with the requirements in s. NR 422.15 until the date when the facility is in compliance with the applicable requirements of this section or until November 28, 2022, whichever is sooner.

NR 422.151(10)(a)2. 2. The owner or operator of a miscellaneous metal parts and products facility that becomes subject to this section due to either the designation or the reclassification of a nonattainment area that occurs after June 1, 2022, shall comply with applicable requirements of this section 180 days after the effective date of the nonattainment designation or reclassification, as indicated by the relevant Federal Register publication.

NR 422.151(10)(b) (b) Certification. No later than 60 days after the compliance deadline specified under par. (a), the owner or operator of a miscellaneous metal parts and products facility subject to this section shall submit to the department written certification that all affected miscellaneous metal parts and products coating operations are in compliance with the applicable requirements of this section. The owner or operator of a facility subject to s. NR 422.15 before June 1, 2022, that is required to have an operation permit under ch. NR 407 shall submit to the department a permit application or a permit revision or renewal application that meets the requirements of s. NR 407.05 to meet this certification requirement, except that no application shall be required for a source operating under a general operation permit or a registration operation permit issued under s. NR 407.10 or 407.105.

NR 422.151 History History: CR 20-088: cr. Register May 2022 No. 797, eff. 6-1-22; correction in (5) (intro.) made under s. 13.92 (4) (b) 7., Stats., and correction in (10) (a) 1. made under s. 13.92 (4) (b) 14., Stats., Register May 2022 No. 797.

NR 422.155 NR 422.155 Fire truck and emergency response vehicle manufacturing.

NR 422.155(1) (1) Applicability.

NR 422.155(1)(a) (a) Subsections (2) to (4) apply to coating operations of fire truck and emergency response vehicle manufacturing, where meeting applicable emission limits in s. NR 422.15 is not technologically or economically feasible and where total facility production of fire trucks and emergency response vehicles is less than 35 vehicles per day, in the following counties and at the respective emission thresholds:

NR 422.155(1)(a)1. 1. Any facility located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha and which has VOC emissions, before consideration of controls, from all coating operations of fire truck and emergency response vehicle manufacturing are greater than 6.8 kilograms (15 pounds) in any one day.

NR 422.155(1)(a)2. 2. Any facility located in the county of Brown, Calumet, Dane, Dodge, Door, Fond du Lac, Jefferson, Outagamie, Rock, or Winnebago and which has VOC emissions, before consideration of controls, from all coating operations of fire truck and emergency response vehicle manufacturing, is greater than or equal to 10 tons per year.

NR 422.155(1)(a)3. 3. Any facility located outside the counties of Brown, Calumet, Dane, Dodge, Door, Fond du Lac, Jefferson, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, Walworth, Washington, Waukesha, and Winnebago and which have total emissions of VOC from the facility, before consideration of controls, of greater than or equal to 100 tons per year.

NR 422.155(1)(b) (b) Subsection (5) applies to any facility with coating operations as described in par. (a) which is located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha if VOC emissions from all fire truck and emergency response vehicle manufacturing coating operations, including related cleaning activities, before consideration of controls, equal or exceed 3 tons per year on a 12 consecutive month rolling basis.

NR 422.155(2) (2) Emission limitations. No owner or operator of a fire truck or emergency response vehicle coating operation may cause, allow or permit the emission of any VOCs in excess of:

NR 422.155(2)(a) (a) 0.80 kilograms per liter (6.68 pounds per gallon) of coating, excluding water, delivered to a coating applicator that applies pretreatment coats.

NR 422.155(2)(b) (b) 0.53 kilograms per liter (4.44 pounds per gallon) of coating, excluding water, delivered to a coating applicator that applies prime coats.

NR 422.155(2)(c) (c) 0.72 kilograms per liter (6.00 pounds per gallon) of coating, excluding water, delivered to a coating applicator that applies topcoats.

NR 422.155(2)(d) (d) 0.42 kilograms per liter (3.50 pounds per gallon) of coating, excluding water, delivered to a coating applicator that applies clear coats.

NR 422.155(3) (3) Solvent washings. All VOC emissions from solvent washings shall be considered in the emission limitations in sub. (2), unless the used wash solvent is directed into containers that prevent evaporation into the atmosphere.

NR 422.155(4) (4) Internal offsets. Coating operations subject to this section may not be involved in an internal offset under s. NR 425.05.

NR 422.155(5) (5) Work practices. Beginning on March 1, 2013, the owner or operator of a facility subject to this subsection shall do all of the following:

NR 422.155(5)(a) (a) Store all VOC-containing cleaning materials and shop towels used for cleaning in closed containers.

NR 422.155(5)(b) (b) Ensure that storage containers used for VOC-containing materials are kept closed at all times except when depositing or removing material.

NR 422.155(5)(c) (c) Convey VOC-containing cleaning materials in closed containers or pipes.

NR 422.155(5)(d) (d) Minimize spills of VOC-containing cleaning materials.

NR 422.155(5)(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 422.155 History History: Cr. Register, August, 1989, No. 404, eff. 9-1-89; am. (2) (a) to (d) and (4), 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., 3., (b), (5) Register January 2012 No. 673, eff. 2-1-12.

NR 422.16 NR 422.16 Use of asphalt surfacing materials.

NR 422.16(1) (1) Applicability. This section applies to the mixing, storage, use, and application of cutback asphalts in Wisconsin. This section does not apply to cutback asphalts intended for uses other than application to surfaces traversed by motor vehicles, bicycles, or pedestrians.

NR 422.16(2) (2) Restricted materials. The following restrictions apply to the mixing, open storage, use or application of cutback asphalts during the ozone season:

NR 422.16(2)(a) (a) The use of rapid curing cutback asphalts containing gasoline or naphtha as the diluent is prohibited.

NR 422.16(2)(b) (b) The use of cutback asphalts not prohibited under par. (a) is prohibited except for:

NR 422.16(2)(b)1. 1. Application of a single coat of liquid asphalt to an aggregate base to control dust.

NR 422.16(2)(b)2. 2. Use as a penetrating prime coat during the first and last months of the ozone season.

NR 422.16 History History: Renum. from NR 154.13 (5) (a) and am. Register, September, 1986, No. 369, eff. 10-1-86; am. (2) (a) and (b), r. (2) (c), Register, February, 1990, No. 410, eff. 3-1-90.

NR 422.17 NR 422.17 Application of traffic marking materials.

NR 422.17(1) (1) Applicability. This section applies after April 30, 1996, to the application of traffic marking material on any paved surface during the ozone season in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha counties.

NR 422.17(2) (2) Restricted materials. During the ozone season, no person may cause, allow or permit the application of traffic marking material which exceeds the following limits:

NR 422.17(2)(a) (a) Except as provided in par. (b), for traffic marking material that is measurable as a liquid at the time of application, a VOC content of 91 grams per liter of coating or 0.76 pounds per gallon of coating, excluding water.