Chapter NR 463

NR 463.02(32) (32) “Trivalent chromium process” means the process used for electrodeposition of a thin layer of chromium onto a base material using a trivalent chromium solution instead of a chromic acid solution.

NR 463.02(33) (33) “Wetting agent” means the type of chemical fume suppressant that reduces the surface tension of a liquid.

NR 463.02 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; CR 05-039: am. (intro.), (8), (27) and (30), cr. (8m), (12m) and (22m) Register February 2006 No. 602, eff. 3-1-06.

NR 463.03 NR 463.03 Nomenclature, units and abbreviations. The definitions contained in s. NR 400.03 apply to the abbreviations and symbols of units of measure used in this subchapter. In addition, the nomenclature used in this subchapter has the following meaning:

NR 463.03(1) (1) AMR is the allowable mass emission rate from each type of affected source subject to the same emission limitation in milligrams per hour (mg/hr).

NR 463.03(2) (2) AMRsys is the allowable mass emission rate from affected sources controlled by an add-on air pollution control device controlling emissions from multiple sources in mg/hr.

NR 463.03(3) (3) CMP is composite mesh-pad, a control technique.

NR 463.03(4) (4) EL is the applicable emission limitation from s. NR 463.04 in milligrams per dry standard cubic meter (mg/dscm).

NR 463.03(5) (5) IAtotal is the sum of all inlet duct areas from both affected sources and sources not affected by this subchapter in meters squared.

NR 463.03(6) (6) IDAi is the total inlet area for all ducts associated with affected sources in meters squared.

NR 463.03(7) (7) IDAi,a is the total inlet duct area for all ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation in meters squared.

NR 463.03(8) (8) lbf is pound-force, the unit of force in the English system.

NR 463.03(9) (9) PBS is packed-bed scrubber, a control technique.

NR 463.03(10) (10) VR is the total of ventilation rates for each type of affected source subject to the same emission limitation in dry standard cubic meters per minute (dscm/min).

NR 463.03(11) (11) VRinlet is the total ventilation rate from all inlet ducts associated with affected sources in dscm/min.

NR 463.03(12) (12) VRinlet,a is the total ventilation rate from all inlet ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation in dscm/min.

NR 463.03(13) (13) VRtot is the average total ventilation rate for the 3 test runs as determined at the outlet by testing using Method 306 of Appendix A of 40 CFR part 63, incorporated by reference in s. NR 484.04, in dscm/min.

NR 463.03 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; CR 04-023: am. (intro.) and (5) Register December 2008 No. 636, eff. 1-1-09.

NR 463.04 NR 463.04 Emission limits.

NR 463.04(1) (1) MACT requirements. Each owner or operator of an affected source subject to the provisions of this subchapter shall comply with these requirements on and after the compliance dates specified in s. NR 463.06 (1). All affected sources are regulated by applying maximum achievable control technology.

NR 463.04(2) (2) Applicability of emission limits.

NR 463.04(2)(a) (a) The emission limitations in this section apply during tank operation as well as during periods of startup and shutdown as these are routine occurrences for affected sources subject to this subchapter. The emission limitations do not apply during periods of malfunction. However, the work practice standards that address operation and maintenance and that are required by s. NR 463.05 shall be followed during malfunctions.

NR 463.04(2)(b) (b) If an owner or operator is controlling a group of tanks with a common add-on air pollution control device, the emission limitations of subs. (3), (4) and (5) apply whenever any one affected source is operated. The emission limitation that applies to the group of affected sources is as follows:

NR 463.04(2)(b)1. 1. The emission limitation identified in subs. (3), (4) and (5) if the affected sources are performing the same type of operation, such as hard chromium electroplating, are subject to the same emission limitation, and are not controlled by an add-on air pollution control device also controlling sources not affected by this subchapter.

NR 463.04(2)(b)2. 2. The emission limitation calculated according to s. NR 463.09 (5) (c) if affected sources are performing the same type of operation, are subject to the same emission limitation, and are controlled with an add-on air pollution control device that is also controlling sources not affected by this subchapter.

NR 463.04(2)(b)3. 3. The emission limitation calculated according to s. NR 463.09 (5) (d) if affected sources are performing different types of operations, or affected sources are performing the same operations but subject to different emission limitations, and are controlled with an add-on air pollution control device that may also be controlling emissions from sources not affected by this subchapter.

NR 463.04(3) (3) Standards for hard chromium electroplating.

NR 463.04(3)(a) (a) Open surface tanks. During tank operation, each owner or operator of an existing, new or reconstructed affected source shall control chromium emissions discharged to the atmosphere from that affected source by doing any of the following:

NR 463.04(3)(a)1. 1. Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.015 milligrams of total chromium per dry standard cubic meter (mg/dscm) of ventilation air (6.6 x 10-6 grains per dry standard cubic foot (gr/dscf)) for all open surface hard chromium electroplating tanks that are affected sources other than those that are existing affected sources located at small hard chromium electroplating facilities.

NR 463.04(3)(a)2. 2. Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.03 mg/dscm (1.3 x 10-5 gr/dscf) if the open surface hard chromium electroplating tank is an existing affected source and is located at a small, hard chromium electroplating facility.

NR 463.04(3)(a)3. 3. If a chemical fume suppressant containing a wetting agent is used, not allowing the surface tension of the electroplating or anodizing bath contained within the affected tank to exceed 45 dynes per centimeter (dynes/cm) (3.1 x 10-3 pound-force per foot (lbf /ft)) as measured by a stalagmometer or 35 dynes/cm (2.4 x 10-3 lbf /ft) as measured by a tensiometer at any time during tank operation.

NR 463.04(3)(b) (b) Enclosed tanks. During tank operation, each owner or operator of an existing, new or reconstructed affected source shall control chromium emissions discharged to the atmosphere from that affected source by doing any of the following:

NR 463.04(3)(b)1. 1. Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.015 mg/dscm (6.6 x 10-6 gr/dscf) for all enclosed hard chromium electroplating tanks that are affected sources other than those that are existing affected sources at small, hard chromium electroplating facilities.

NR 463.04(3)(b)2. 2. Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.03 mg/dscm (1.3 x 10-5 gr/dscf) if the enclosed hard chromium electroplating tank is an existing affected source and is located at a small, hard chromium electroplating facility.

NR 463.04(3)(b)3. 3. If a chemical fume suppressant containing a wetting agent is used, not allowing the surface tension of the electroplating or anodizing bath contained within the affect tank to exceed 45 dynes/cm (3.1 x 10-3 lbf /ft) as measured by a stalagmometer or 35 dynes/cm (2.4 x 10-3 lbf /ft) as measured by a tensiometer at any time during tank operation.

NR 463.04(3)(b)4. 4. Not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate determined by using the calculation procedure in s. NR 463.09 (6) (b) for all enclosed hard electroplating tanks that are affected sources other than those that are existing affected sources located at small, hard chromium electroplating facilities.

NR 463.04(3)(b)5. 5. Not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate determined by using the calculation procedure in s. NR 463.09 (6) (d) if the enclosed hard chromium electroplating tank is an existing affected source and is located at a small, hard chromium electroplating facility.

NR 463.04(3)(c) (c) Facility size.

NR 463.04(3)(c)1. 1. An owner or operator may demonstrate the size of a hard chromium electroplating facility by meeting the criteria of s. NR 463.02 (20) or (26). Alternatively, an owner or operator of a facility with a maximum cumulative potential rectifier capacity of 60 million A-hr/yr or more may be considered small if the actual cumulative rectifier capacity is less than 60 million A-hr/yr as demonstrated using one of the following procedures:

NR 463.04(3)(c)1.a. a. If records show that the facility’s previous annual actual rectifier capacity was less than 60 million A-hr/yr, by using nonresettable ampere-hour meters and keeping monthly records of actual ampere-hour usage for each 12-month rolling period following the compliance date in accordance with s. NR 463.103 (2) (L). The actual cumulative rectifier capacity for the previous 12-month rolling period shall be tabulated monthly by adding the capacity for the current month to the capacities for the previous 11 months.

NR 463.04(3)(c)1.b. b. By accepting a federally-enforceable limit on the maximum cumulative potential rectifier capacity of a hard chromium electroplating facility and by maintaining monthly records in accordance with s. NR 463.103 (2) (L) to demonstrate that the limit has not been exceeded. The actual cumulative rectifier capacity for the previous 12-month rolling period shall be tabulated monthly by adding the capacity for the current month to the capacities for the previous 11 months.

NR 463.04(3)(c)2. 2. Once the monthly records required to be kept by s. NR 463.103 (2) (L) and by this paragraph show that the actual cumulative rectifier capacity over the previous 12-month rolling period corresponds to the large designation, the owner or operator is subject to the emission limitation identified in par. (a) 1. or 3. or (b) 1., 3. or 4., in accordance with the compliance schedule of s. NR 463.06 (1) (e).

NR 463.04(4) (4) Standards for decorative chromium electroplating tanks using a chromic acid bath and chromium anodizing tanks. During tank operation, each owner or operator of an existing, new or reconstructed decorative chromium electroplating tank using a chromic acid bath or chromium anodizing tank shall control chromium emissions discharged to the atmosphere from that affected source by one of the following:

NR 463.04(4)(a) (a) By not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.01 mg/dscm (4.4×10-6 gr/dscf).

NR 463.04(4)(b) (b) If a chemical fume suppressant containing a wetting agent is used, by not allowing the surface tension of the electroplating or anodizing bath contained within the affected tank to exceed 45 dynes per centimeter (dynes/cm) (3.1 x 10-3 pound-force per foot (lbf /ft)) as measured by a stalagmometer or 35 dynes/cm (2.4 x 10-3 lbf /ft) as measured by a tensiometer at any time during operation of the tank.

NR 463.04(5) (5) Standards for decorative chromium electroplating tanks using a trivalent chromium bath.

NR 463.04(5)(a) (a) Each owner or operator of an existing, new or reconstructed decorative chromium electroplating tank that uses a trivalent chromium bath that incorporates a wetting agent as a bath ingredient is subject to the recordkeeping and reporting requirements of ss. NR 463.103 (2) (n) and 463.106 (9), but is not subject to the work practice requirements of s. NR 463.05, or the continuous compliance monitoring requirements in s. NR 463.07. The wetting agent shall be an ingredient in the trivalent chromium bath components purchased from vendors.

NR 463.04(5)(b) (b) Each owner or operator of an existing, new or reconstructed decorative chromium electroplating tank that uses a trivalent chromium bath that does not incorporate a wetting agent as a bath ingredient is subject to the standards of sub. (4).

NR 463.04(5)(c) (c) Each owner or operator of existing, new or reconstructed decorative chromium electroplating tank that had been using a trivalent chromium bath that incorporates a wetting agent and ceases using this type of bath shall fulfill the reporting requirements of s. NR 463.106 (9) (c) and comply with the applicable emission limitation within the timeframe specified in s. NR 463.06 (1) (f).

NR 463.04 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; CR 05-039: am. (3) (a), (4) (b), (5) (a) and (c), cr. (3) (a) 3. and (b), renum. (3) (b) to be (3) (c) and am. (3) (c) 1. a., b. and 2. Register February 2006 No. 602, eff. 3-1-06; CR 04-023: am. (1), (2) (a) and (b) 1. to 3. Register December 2008 No. 636, eff. 1-1-09.

NR 463.05 NR 463.05 Operation and maintenance practices.

NR 463.05(1) (1) Work practice standards. All owners or operators subject to the standards in s. NR 463.04 (3) and (4) are subject to the following work practice standards:

NR 463.05(1)(a) (a) At all times, including periods of startup, shutdown and malfunction, owners or operators shall operate and maintain any affected source, including associated air pollution control devices and monitoring equipment, in a manner consistent with good air pollution control practices, consistent with the operation and maintenance plan required by sub. (2).

NR 463.05(1)(b) (b) Malfunctions shall be corrected as soon as practicable after their occurrence in accordance with the operation and maintenance plan required by sub. (2).

NR 463.05(1)(c) (c) Determination of whether acceptable operation and maintenance procedures are being used will be based on information available to the department, which may include, but is not limited to, monitoring results; review of the operation and maintenance plan, procedures and records; and inspection of the source.

NR 463.05(1)(d) (d) Based on the results of a determination made under par. (c), the department may require that an owner or operator of an affected source make changes to the operation and maintenance plan required by sub. (2) for that source. Revisions may be required if the department finds that the plan does any of the following:

NR 463.05(1)(d)1. 1. Does not address a malfunction that has occurred.

NR 463.05(1)(d)2. 2. Fails to provide for the proper operation of the affected source, the air pollution control techniques, or the control system and process monitoring equipment during a malfunction in a manner consistent with good air pollution control practices.

NR 463.05(1)(d)3. 3. Does not provide adequate procedures for correcting malfunctioning process equipment, air pollution control techniques or monitoring equipment as quickly as practicable.

a If greater than 50% of the scrubber water is drained, for purposes such as maintenance, makeup water may be added to the scrubber basin.

b For horizontal-flow scrubbers, top is defined as the section of the unit directly above the packing media such that the makeup water would flow perpendicular to the air flow through the packing. For vertical-flow units, the top is defined as the area downstream of the packing material such that the makeup water would flow countercurrent to the air flow through the unit.

c Work practice standards for the control device installed upstream of the fiber-bed mist eliminator to prevent plugging do not apply as long as the work practice standards for the fiber-bed unit are followed.

NR 463.05(2) (2) Operation and maintenance plan.

NR 463.05(2)(a) (a) The owner or operator of an affected source subject to the work practices of this section shall prepare an operation and maintenance plan to be implemented no later than the compliance date. The plan shall be incorporated by reference into the source’s part 70 permit, if and when a part 70 permit is required under ch. NR 407. The plan shall include all the following elements:

NR 463.05(2)(a)1. 1. The plan shall specify the operation and maintenance criteria for the affected source, the add-on air pollution control device, if such a device is used to comply with the emission limits, and the process and control system monitoring equipment, and shall include a standardized checklist to document the operation and maintenance of this equipment.

NR 463.05(2)(a)2. 2. For sources using an add-on air pollution control device or monitoring equipment to comply with this subchapter, the plan shall incorporate the work practice standards for that device or monitoring equipment, as identified in Table 1 of this subchapter, if the specific equipment used is identified in Table 1.

NR 463.05(2)(a)3. 3. If the specific equipment used is not identified in Table 1 of this subchapter, the plan shall incorporate proposed work practice standards. These proposed work practice standards shall be submitted to the department for approval as part of the submittal required under s. NR 463.08.

NR 463.05(2)(a)4. 4. The plan shall specify procedures to be followed to ensure that equipment or process malfunctions due to poor maintenance or other preventable conditions do not occur.

NR 463.05(2)(a)5. 5. The plan shall include a systematic procedure for identifying malfunctions of process equipment, add-on air pollution control devices, and process and control system monitoring equipment and for implementing corrective actions to address the malfunctions.

NR 463.05(2)(b) (b) If the operation and maintenance plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction at the time the plan is initially developed, the owner or operator shall revise the operation and maintenance plan within 45 days after the event occurs. The revised plan shall include procedures for operating and maintaining the process equipment, add-on air pollution control device, or monitoring equipment during similar malfunction events, and a program for corrective action for the events.

NR 463.05(2)(c) (c) Recordkeeping associated with the operation and maintenance plan is identified in s. NR 463.103 (2). Reporting associated with the operation and maintenance plan is identified in s. NR 463.106 (7) and (8) and par. (d).

NR 463.05(2)(d) (d) If actions taken by the owner or operator during periods of malfunction are inconsistent with the procedures specified in the operation and maintenance plan required by par. (a), the owner or operator shall record the actions taken for that event and shall report by phone the actions within 2 working days after commencing actions inconsistent with the plan. This report shall be followed by a letter within 7 working days after the end of the event, unless the owner or operator makes alternative reporting arrangements, in advance, with the department.

NR 463.05(2)(e) (e) Each owner or operator shall keep the written operation and maintenance plan on record after it is developed to be made available for inspection, upon request, by the department for the life of the affected source or until the source is no longer subject to the provisions of this subchapter. In addition, if the operation and maintenance plan is revised, the owner or operator shall keep previous versions of the operation and maintenance plan on record to be made available for inspection, upon request, by the department for a period of 5 years after each revision to the plan.

NR 463.05(2)(f) (f) To satisfy the requirements of this subsection, the owner or operator may use applicable standard operating procedure manuals, OSHA plans or other existing plans, provided the alternative plans meet the requirements of this subchapter.

NR 463.05(3) (3) Chromic acid bath standards not met by using reducing agent. The standards in s. NR 463.04 and this section that apply to chromic acid baths may not be met by using a reducing agent to change the form of chromium from hexavalent to trivalent.

NR 463.05 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; CR 05-039: am. (1) (d) 2., (2) (a) 2., 3. and (c) Register February 2006 No. 602, eff. 3-1-06; CR 04-023: am. (2) (e) and (f) Register November 2008 No. 636, eff. 1-1-09.

NR 463.06 NR 463.06 Compliance provisions.

NR 463.06(1) (1) Compliance dates.

NR 463.06(1)(a) (a) The owner or operator of an existing affected source shall comply with the emission limitations in ss. NR 463.04 and 463.05 as follows:

NR 463.06(1)(a)1. 1. No later than October 1, 1998, if the affected source is a decorative chromium electroplating tank.

NR 463.06(1)(a)2. 2. No later October 1, 1999, if the affected source is a hard chromium electroplating tank or a chromium anodizing tank.

NR 463.06(1)(b) (b) The owner or operator of a new or reconstructed affected source that has an initial startup after October 1, 1997, shall comply immediately upon startup of the source. The owner or operator of a new or reconstructed affected source that has an initial startup after December 16, 1993, but before October 1, 1997, shall follow the compliance schedule of s. NR 460.05 (2) (a).

NR 463.06(1)(c) (c) The owner or operator of an existing area source that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source shall comply with the provisions for existing major sources, including the reporting provisions of s. NR 463.106 (7), immediately upon becoming a major source.

NR 463.06(1)(d) (d) The owner or operator of a new area source that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source shall comply with the provisions for new major sources immediately upon becoming a major source.

NR 463.06(1)(e) (e) An owner or operator of an existing hard chromium electroplating tank or tanks located at a small, hard chromium electroplating facility that increases its maximum cumulative potential rectifier capacity, or its actual cumulative rectifier capacity, such that the facility becomes a large, hard chromium electroplating facility shall comply with the requirements of s. NR 463.04 (3) (a) 1. for all hard chromium electroplating tanks at the facility no later than one year after the month in which monthly records required by ss. NR 463.04 (3) (c) and 463.103 (2) (L) show that the large designation is met, or by the compliance date specified in par. (a) 2., whichever is later.

NR 463.06(1)(f) (f) An owner or operator of a decorative chromium electroplating tank that uses a trivalent chromium bath that incorporates a wetting agent, and that ceases using the trivalent chromium process, shall comply with the emission limitation thereafter applicable to the tank within one year of switching from the bath operation.

NR 463.06(2) (2) Request for a compliance date extension. An owner or operator of an affected source or sources that requests a compliance date extension shall do so in accordance with this subsection and the applicable paragraphs of s. NR 460.05 (7). When the owner or operator is requesting the extension for more than one affected source located at the facility, then only one request may be submitted for all affected sources at the facility.

NR 463.06(2)(a) (a) The owner or operator of an existing affected source who is unable to comply with a relevant standard under this subchapter may request that the department grant an extension allowing the owner or operator up to one additional year to comply with the standard for the affected source. The owner or operator of an affected source who has requested a compliance date extension under this subsection and is otherwise required to obtain a part 70 permit for the source shall apply for the permit or apply to have the part 70 permit revised to incorporate the conditions of the compliance date extension. The conditions of a compliance date extension granted under this subsection will be incorporated into the owner or operator’s part 70 permit for the affected source according to 40 CFR part 70 or part 71, whichever is applicable.

NR 463.06(2)(b) (b) Any request under this subsection for an extension of compliance with a relevant standard shall be submitted in writing to the department not later than 6 months before the affected source’s compliance date as specified in this section.