Wisconsin Legislature: NR 423.037(4)(b)

NR 423.037(2)(b)1.1. Cleaning conducted in conjunction with performance laboratory tests on coatings, adhesives or inks; research and development programs; and laboratory tests in quality assurance laboratories.

NR 423.037(2)(b)3.3. Medical device and pharmaceutical manufacturing facilities using less than a total of 1.5 gallons per day of VOC-containing solvents and solvent solutions for industrial cleaning operations.

NR 423.037(2)(c)(c) Subsections (3) and (7) 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 423.037(2)(cg)(cg) Subsections (3), (6), (7), and (8) do not apply to digital printing.

NR 423.037(2)(cr)(cr) Subsections (3), (4), (6), (8), and (9) (c) do not apply to use of industrial adhesives and adhesive primers.

NR 423.037(2)(d)(d) Subsection (7) does not apply to cleaning with solvents or solvent solutions in spray bottles or containers described in sub. (4) (b).

NR 423.037(2)(e)(e) Subsection (7) 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 423.037(2)(f)(f) Subsection (7) does not apply to automatically applied blanket or roller wash.

NR 423.037(3)(3) Solvent and solvent solution requirements. Except as provided under sub. (6), no owner or operator of a facility may cause, allow or permit the use of a solvent or solvent solution for industrial cleaning operations on and after May 1, 2010 unless the VOC content of the solvent or solvent solution is less than or equal to the applicable VOC content listed in Table 1 for the respective cleaning operation.

NR 423.037(4)(4) Cleaning devices and methods requirements. Except as provided under sub. (6), by November 1, 2009, 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 423.037(4)(a)(a) 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 423.037(4)(b)(b) Closed containers or hand held spray bottles from which solvents or solvent solutions are applied without a propellant-induced force.

NR 423.037(4)(c)(c) 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 423.037(4)(d)(d) A remote reservoir cleaner operated in compliance with all of the following requirements:

NR 423.037(4)(d)1.1. 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 423.037(4)(d)2.2. Flow is directed in a manner that prevents solvent or solvent solution from splashing outside of the remote reservoir cleaner.

NR 423.037(4)(d)3.3. The cleaner is not used for cleaning porous or absorbent materials, such as cloth, leather, wood, or rope.

NR 423.037(4)(d)4.4. 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 423.037(4)(e)(e) 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 423.037(4)(f)(f) 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 423.037(5)(5) Storage, disposal, and transport. 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. VOC-containing cleaning materials shall be conveyed in closed containers or pipes.

NR 423.037(6)(6) Control equipment. In lieu of complying with the requirements in sub. (3) or (4), 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 423.037(6)(a)(a) 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 423.037(6)(b)(b) 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 423.037(6)(c)(c) The emission control system meets the requirements of the applicable source specific rule in chs. NR 420 to 422.

NR 423.037(7)(7) 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 sub. (6).

NR 423.037(8)(8) Alternative compliance option. In lieu of complying with the requirements in sub. (3), 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 423.037(9)(9) Recordkeeping requirements.

NR 423.037(9)(a)(a) To determine applicability under sub. (1), each owner or operator of an industrial cleaning operation at a facility located in Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha county shall maintain records of all of the following for solvent and solvent solutions used for cleaning activities:

NR 423.037(9)(a)1.1. The VOC content of each solvent or solvent solution used.

NR 423.037(9)(a)2.2. The volume of each solvent or solvent solution used per month.

NR 423.037(9)(a)3.3. The total emissions, before consideration of controls, for each month from all solvents or solvent solutions.

NR 423.037(9)(a)4.4. The total emissions, before consideration of controls, for each consecutive 12 month period from all solvents or solvent solutions.

NR 423.037(9)(b)(b) Each owner or operator of a facility that is exempt under sub. (2) shall collect and record the information specified in this paragraph as appropriate.

NR 423.037(9)(b)1.1. Any owner or operator claiming to be exempt under sub. (2) (b) 3. shall maintain records of the daily quantity in gallons of VOC-containing solvents and solvent solutions used for industrial cleaning operations.

NR 423.037(9)(b)3.3. Any owner or operator claiming to be exempt under sub. (2) (c) shall maintain records of the daily quantity in fluid ounces of VOC-containing aerosol product used for industrial cleaning operations.

NR 423.037(9)(c)(c) Each owner or operator of a facility that is subject to this section shall collect and record the information specified in subds. 1g. and 1r., and also in subd. 2. as appropriate:

NR 423.037(9)(c)1g.1g. The name and identification of each cleaning material and the associated solvent cleaning activity.

NR 423.037(9)(c)1r.1r. The VOC content, based upon Method 24 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), 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, depending on whether the cleaning material is subject to sub. (3) or (8).

NR 423.037(9)(c)2.2. Any owner or operator subject to sub. (6) shall keep a record of the results of any testing conducted as required under sub. (6) and shall meet the requirements in s. NR 439.04 (6).

NR 423.037(9)(d)(d) Records required under this subsection shall be kept for 5 years unless another time period is approved by the department.

NR 423.037 HistoryHistory: CR 08-102: cr. Register July 2009 No. 643, eff. 8-1-09; CR 11-005: renum. (9) (a) to be (9) (a) (intro.) and am., am. (1), (2) (a) 1., 4. b., d., g., i., k., w., (3) Table 1, (4) (intro.), (a), (5), (9) (c) (intro.), 2., r. (2) (a) 4. j., m., o., t., v., y., z., zb., zc., zd., 5., (b) 2., 4., (g), (9) (b) 2., 4., (c) 1., 3., cr. (2) (a) 4. ze., zf., zg., zh., zi., (cg), (cr), (9) (a) 1., 2., 3., 4., (c) 1g., 1r. Register January 2012 No. 673, eff. 2-1-12; reprinted to correct transcription error in (1) Register February 2012 No. 674; CR 20-088: am. (2) (a) 1. Register May 2022 No. 797, eff. 6-1-22.

NR 423.05NR 423.05 Liquid VOC solvent dry cleaning.

NR 423.05(1)(1) Applicability. This section applies to liquid VOC solvent washers, dryers, solvent filters, settling tanks, vacuum stills, piping, ductwork, pumps, storage tanks, and other containers and conveyors of liquid VOC solvent that are used in a liquid VOC solvent dry cleaning facility which has maximum theoretical emissions of VOCs from the facility greater than or equal to one of the following:

NR 423.05(1)(a)(a) 25 tons per year for a facility which is located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington, or Waukesha.

NR 423.05(1)(b)(b) 100 tons per year for a facility which is located in the county of Door, Kewaunee, Manitowoc, Sheboygan, or Walworth.

NR 423.05(2)(2) Requirements.

NR 423.05(2)(a)(a) The owner or operator of a liquid VOC solvent dry cleaning facility shall limit VOC emissions from each liquid VOC solvent dry cleaning dryer to an average of 3.5 kilograms per 100 kilograms, dry weight, of articles cleaned, or install and operate a solvent recovery dryer in a manner such that the dryer remains closed and the recovery phase continues until the flow rate of recovered solvent no longer exceeds 50 milliliters per minute.

NR 423.05(2)(b)(b) The owner or operator of a liquid VOC solvent dry cleaning facility shall reduce the VOC content of all filtration wastes to not more than 1.0 kilogram per 100 kilograms, dry weight, of articles cleaned before disposing of such wastes or exposing them to the atmosphere, or install and operate a cartridge filtration system, and drain the filter cartridges in their sealed housings for at least 8 hours before removing them.

NR 423.05(2)(c)(c) The owner or operator of a liquid VOC solvent dry cleaning facility shall repair all solvent vapor and liquid leaks within 3 working days of their discovery. If necessary repair parts are not on hand, the owner or operator shall order them within 3 working days following discovery of solvent vapor or liquid leaks and repair the leaks within 3 working days following receipt of the parts.

NR 423.05(3)(3) Compliance schedules. The requirements of this section are applicable on startup except that a petroleum liquid dry cleaning facility in existence on January 1, 1994 and which was not subject to this section prior to January 1, 1994 shall achieve final compliance with the requirements of this section no later than May 31, 1995.

NR 423.05 NoteNote: “Maximum theoretical emissions” has the meaning given in s. NR 419.02 (11).

NR 423.05 HistoryHistory: Renum. from NR 154.13 (6) (c) and am. Register, September, 1986, No. 369, eff. 10-1-86; am. (1), Register, February, 1990, No. 410, eff. 3-1-90; renum. (1) to be (1) (intro.) and am., cr. (1) (a) and (b) and (3), Register, December, 1993, No. 456, eff. 1-1-94; am. (1), (2), (3) (a), Register, December, 1996, No. 492, eff. 1-1-97; CR 02-146: am. (1) (intro.), (2) and (3) Register October 2003 No. 574, eff. 11-1-03; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register June 2004 No. 582.