Chapter NR 465

NR 465.35   Notifications, reports and records.

NR 465.36   Compliance requirements for the compliant material option.

NR 465.37   Compliance requirements for the emission rate without add-on controls option.

NR 465.38   Compliance requirements for the emission rate with add-on controls option.

Subchapter V — Surface Coating of Miscellaneous Metal Parts and Products

NR 465.41   What this subchapter covers.

NR 465.42   Definitions that apply to this subchapter.

NR 465.43   Emission limits.

NR 465.44   General compliance requirements.

NR 465.45   Notifications, reports and records.

NR 465.46   Compliance requirements for the compliant material option.

NR 465.47   Compliance requirements for the emission rate without add-on controls option.

NR 465.48   Compliance requirements for the emission rate with add-on controls option.

subch. I of ch. NR 465 Subchapter I — Wood Furniture Manufacturing Operations

NR 465.01 NR 465.01 Applicability; purpose.

NR 465.01(1) (1) Applicability.

NR 465.01(1)(a) (a) This subchapter applies to each facility that is engaged, either in part or in whole, in the manufacture of wood furniture or wood furniture components and that is located at a plant site that is a major source of hazardous air pollutants.

NR 465.01(1)(b) (b) An incidental wood furniture manufacturer shall maintain purchase or usage records demonstrating the source meets the criteria specified in s. NR 465.02 (33), but the source is not subject to any other provisions of this subchapter.

NR 465.01(1)(c) (c) A source that qualifies as an area source under this paragraph is not subject to any provisions of this subchapter other than those in this paragraph. For subds. 1. and 2., finishing materials, adhesives, cleaning solvents and washoff solvents used for wood furniture or wood furniture component manufacturing operations shall account for at least 90% of annual HAP emissions at the plant site, and if the plant site has HAP emissions that do not originate from the listed materials, the owner or operator shall keep any records necessary to demonstrate that the 90% criterion is being met. A source that initially relies on the limits and criteria specified in subd. 1., 2. or 3. to become an area source, but subsequently exceeds the relevant limit, without first obtaining and complying with other limits that keep its potential to emit hazardous air pollutants below major source levels, becomes a major source and shall comply thereafter with all applicable provisions of this subchapter starting on the applicable compliance date in s. NR 465.055. Nothing in this paragraph is intended to preclude a source from limiting its potential to emit through other appropriate mechanisms. A source qualifies as an area source for the purposes of this subchapter if the criteria in one of the following subdivisions are met:

NR 465.01(1)(c)1. 1. The owner or operator of the source uses no more than a total of 250 gallons per month, for every month, of coating, adhesive, cleaning material and washoff materials at the source, including materials used for source categories other than wood furniture, but excluding materials used in routine janitorial or facility grounds maintenance, personal uses by employees or other persons, the use of products for the purpose of maintaining motor vehicles operated by the facility, the use of toxic chemicals contained in intake water used for processing or noncontact cooling and intake air used either as compressed air or for combustion. The owner or operator shall maintain records for 5 years of the total gallons of coating, adhesive, cleaning material and washoff material used each month, and upon request submit the records to the department.

NR 465.01(1)(c)2. 2. The owner or operator of the source uses no more than 3,000 gallons per rolling 12-month period, for every 12-month period, of coating, adhesive, cleaning material and washoff material at the source, including materials used for source categories other than wood furniture, but excluding materials used in routine janitorial or facility grounds maintenance, personal uses by employees or other persons, the use of products for the purpose of maintaining motor vehicles operated by the facility, the use of toxic chemicals contained in intake water used for processing or noncontact cooling and intake air used either as compressed air or for combustion. The owner or operator of the source shall maintain records of the total gallons of coating, adhesive, cleaning material and washoff material used each month and the total gallons used each previous month, and upon request submit the records to the department. The owner or operator shall keep monthly records beginning no less than one year before the compliance date specified in s. NR 465.055 and maintain the records for 5 years.

NR 465.01(1)(c)3. 3. The source emits no more than 4.5 Mg (5 tons) of any one HAP per rolling 12-month period and no more than 11.4 Mg (12.5 tons) of any combination of HAP per rolling 12-month period, and at least 90% of the plantwide HAP emissions per rolling 12-month period are associated with the manufacture of wood furniture or wood furniture components. The owner or operator shall maintain records for 5 years that demonstrate that annual emissions do not exceed these levels, including monthly usage records and certified product data sheets for all finishing material, adhesive, cleaning material and washoff material, and any other records necessary to document emissions from source categories other than wood furniture. The owner or operator shall submit the records to the department upon request.

NR 465.01(1)(d) (d) This subchapter does not apply to research or laboratory equipment for which the primary purpose is to conduct research and development into new processes and products, where the equipment is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for commercial sale in commerce, except in a de minimis manner.

NR 465.01(1)(e) (e) The owner or operator of an affected source shall comply with the requirements of ch. NR 460, according to the applicability of ch. NR 460 to the sources, as identified in ch. NR 460 Appendix JJ.

NR 465.01(1)(f) (f) Reconstructed affected sources are subject to the requirements for new affected sources. The costs associated with the purchase and installation of air pollution control equipment are not considered in determining whether the facility has been reconstructed, unless the control equipment is part of the process. Additionally, the costs of retrofitting and replacement of equipment that is installed specifically to comply with this subchapter are not considered reconstruction costs.

NR 465.01 Note Note: An example of when control equipment is part of a process is where the equipment is used to recover product or raw material. An example of costs for equipment replacement which would not be considered reconstruction costs is the replacement of storage tanks, mix equipment and transfer lines to accommodate conversion to waterborne coatings where the purpose of the conversion is to comply with this subchapter.

NR 465.01(2) (2) Purpose. This subchapter is adopted under ss. 285.27 (2) and 285.65, Stats., to establish emission standards for hazardous air pollutants for wood furniture and wood furniture component manufacturing operations.

NR 465.01 Note Note: This subchapter is based on the federal regulations contained in 40 CFR part 63 Subpart JJ, created Dec. 7, 1995, as last revised on Dec. 28, 1998.

NR 465.01 History History: CR 00-160: cr. Register August 2001 No. 548, eff. 9-1-01; CR 03-037: am. (1) (a), (b), (c) (intro), (d) (f), and (2) Register March 2004 No. 579, eff. 4-1-04.

NR 465.02 NR 465.02 Definitions. For terms not defined in this section, the definitions contained in chs. NR 400 and 460 apply to the terms used in this subchapter, with definitions in ch. NR 460 taking priority over definitions in ch. NR 400. If this section defines a term which is also defined in ch. NR 400 or 460, the definition in this section applies in this subchapter. In this subchapter:

NR 465.02(1) (1) “Adhesive” means any chemical substance that is applied for the purpose of bonding 2 surfaces together other than by mechanical means. Products used on humans and animals, adhesive tape, contact paper or any other product with an adhesive incorporated onto or in an inert substrate are not considered adhesives under this subchapter.

NR 465.02(2) (2) “Aerosol adhesive” means an adhesive that is dispensed from a pressurized container as a suspension of fine solid or liquid particles in gas.

NR 465.02(3) (3) “Affected source” means a wood furniture manufacturing facility that is engaged, either in part or in whole, in the manufacture of wood furniture or wood furniture components and that is located at a plant site that is a major source of hazardous air pollutants.

NR 465.02(4) (4) “Alternative method” means any method of sampling and analyzing for an air pollutant that is not a reference or equivalent method but has been demonstrated to the administrator’s satisfaction to, in specific cases, produce results adequate for a determination of compliance.

NR 465.02(5) (5) “As applied” means the HAP and solids content of the coating or contact adhesive that is actually used for coating or gluing the substrate. It includes the contribution of materials used for in-house dilution of the coating or contact adhesive.

NR 465.02(6) (6) “Basecoat” means a coat of colored material, usually opaque, that is applied before graining inks, glazing coats or other opaque finishing materials, and is usually topcoated for protection.

NR 465.02(7) (7) “Capture device” means a hood, enclosed room, floor sweep or other means of collecting solvent emissions or other pollutants into a duct so that the pollutant can be directed to a pollution control device such as an incinerator or carbon adsorber.

NR 465.02(8) (8) “Capture efficiency” means the fraction of all organic vapors generated by a process that are directed to a control device.

NR 465.02(9) (9) “Certified product data sheet” or “CPDS” means documentation furnished by coating or adhesive suppliers or an outside laboratory and measured in accord with s. NR 465.09 (1) that provides all of the following:

NR 465.02(9)(a) (a) The VHAP content of a finishing material, contact adhesive or solvent, by percent by weight, for each VHAP present in concentrations greater than or equal to 1.0% by weight, or 0.1% for VHAP that are carcinogens as defined by the occupational safety and health administration hazard communication standard in 29 CFR part 1910 Subpart Z, incorporated by reference in s. NR 484.03 (1).

NR 465.02(9)(b) (b) The solids content of a finishing material or contact adhesive by percent by weight.

NR 465.02(9)(c) (c) The density of the finishing material, adhesive or solvent.

NR 465.02 Note Note: : Because the optimum analytical conditions under Method 311, used pursuant to s. NR 465.09 (1), vary by coating, the coating or adhesive supplier may also choose to include on the CPDS the optimum analytical conditions for analysis of the coating, adhesive or solvent using EPA Method 311. Information may include, but not be limited to, separation column, oven temperature, carrier gas, injection port temperature, extraction solvent and internal standard.

NR 465.02(10) (10) “Cleaning operations” means operations in which organic HAP solvent is used to remove coating materials or adhesives from equipment used in wood furniture manufacturing operations.

NR 465.02(11) (11) “Coating” means a protective, decorative or functional film applied in a thin layer to a surface. Coating materials include paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, enamels, inks and temporary protective coatings. Adhesives and aerosol spray used for touch-up and repair are not considered coatings under this subchapter.

NR 465.02(12) (12) “Coating solids” or “solids” means the part of the coating which remains after the coating is dried or cured.

NR 465.02(13) (13) “Contact adhesive” means an adhesive that is applied to 2 substrates, dried and then mated under only enough pressure to provide sufficient contact so that the resulting bond is immediate and sufficiently strong to hold pieces together without further clamping, pressure or airing.

NR 465.02(14) (14) “Continuous coater” means a finishing system that continuously applies finishing materials onto furniture parts moving along a conveyor. Examples of application methods that can be used with a continuous coater include spraying, curtain coating, roll coating, dip coating and flow coating.

NR 465.02(15) (15) “Continuous compliance” means that the affected source is meeting the emission limitations and other requirements of the rule at all times and is fulfilling all monitoring and recordkeeping provisions of the rule in order to demonstrate compliance.

NR 465.02(16) (16) “Control device” means any equipment that reduces the quantity of a pollutant that is emitted to the air.

NR 465.02 Note Note: The device may destroy or secure the pollutant for subsequent recovery.

NR 465.02(17) (17) “Control device efficiency” means the ratio of the amount of the pollutant reduced by a control device and the amount of the pollutant introduced to the control device.

NR 465.02(18) (18) “Control system” means the combination of capture and control devices used to reduce emissions to the atmosphere.

NR 465.02(19) (19) “Conventional air spray” means a spray coating method in which the coating is atomized by mixing it with compressed air and applied at an air pressure greater than 10 psig at the point of atomization.

NR 465.02 Note Note: Airless and air assisted airless spray technologies are not conventional air spray because the coating is not atomized by mixing it with compressed air. Electrostatic spray technology is also not considered conventional air spray because an electrostatic charge is employed to attract the coating to the workpiece.

NR 465.02(20) (20) “Day” means a period of 24 consecutive hours beginning at midnight local time, or beginning at a time consistent with a facility’s operating schedule.

NR 465.02(21) (21) “Enamel” means a coat of colored material, usually opaque, that is applied as a protective topcoat over a basecoat, primer or previously applied enamel coats. In some cases, another finishing material may be applied as a topcoat over the enamel.

NR 465.02(22) (22) “Existing”, when used to modify affected source, area source or source, means construction or reconstruction which is commenced before December 6, 1994.

NR 465.02(23) (23) “Finishing material” means a coating used in the wood furniture industry. “Finishing material” includes stains, basecoats, washcoats, enamels, sealers and topcoats.

NR 465.02(24) (24) “Finishing operation” means those operations in which a finishing material is applied to a substrate and is subsequently air-dried, cured in an oven or cured by radiation.

NR 465.02(25) (25) “Foam adhesive” means a contact adhesive used for gluing foam to fabric, foam to foam and fabric to wood.

NR 465.02(26) (26) “Gluing operations” means those operations in which adhesives are used to join components, for example, to apply a laminate to a wood substrate or foam to fabric.

NR 465.02(27) (27) “Incidental wood furniture manufacturer” means a major source that is primarily engaged in the manufacture of products other than wood furniture or wood furniture components and that uses no more than 100 gallons per month of finishing material and no more than 100 gallons per month of adhesives in the manufacture of wood furniture or wood furniture components.

NR 465.02(28) (28) “Material safety data sheet” or “MSDS” means the documentation required for hazardous chemicals by the occupational safety and health administration hazard communication standard in 29 CFR part 1910 Subpart Z, incorporated by reference in s. NR 484.03 (1), for a solvent, cleaning material, contact adhesive, coating or other material that identifies select reportable hazardous ingredients of the material, safety and health considerations, and handling procedures.

NR 465.02(29) (29) “New”, when used to modify affected source, area source or source, means construction or reconstruction which is commenced on or after December 6, 1994.

NR 465.02(30) (30) “Nonporous substrate” means a surface that is impermeable to liquids. Examples include metal, rigid plastic, flexible vinyl and rubber.

NR 465.02(31) (31) “Operating parameter value” means a minimum or maximum value established for a control device or process parameter that, if achieved by itself or in combination with one or more other operating parameter values, determines that an owner or operator has complied with an applicable emission limit.

NR 465.02(32) (32) “Organic HAP solvent” means a HAP that is a volatile organic liquid used for dissolving or dispersing constituents in a coating or contact adhesive, adjusting the viscosity of a coating or contact adhesive, or cleaning equipment. When used in a coating or contact adhesive, the organic HAP solvent evaporates during drying and does not become a part of the dried film.

NR 465.02(33) (33) “Overall control efficiency” means the efficiency of a control system, calculated as the product of the capture and control device efficiencies, expressed as a percentage.

NR 465.02(34) (34) “Sealer” means a finishing material used to seal the pores of a wood substrate before additional coats of finishing material are applied. “Sealer” does not include special purpose finishing materials that are used in some finishing systems to optimize aesthetics.

NR 465.02(35) (35) “Stain” means any color coat having a solids content by weight of no more than 8.0% that is applied in single or multiple coats directly to the substrate. “Stain” includes nongrain raising stains, equalizer stains, prestains, sap stains, body stains, no-wipe stains, penetrating stains and toners.

NR 465.02(36) (36) “Storage containers” means vessels or tanks, including mix equipment, used to hold finishing, gluing, cleaning or washoff materials.

NR 465.02(37) (37) “Strippable spray booth coating” means a coating that meets all of the following:

NR 465.02(37)(a) (a) Is applied to a spray booth wall to provide a protective film to receive overspray during finishing operations.

NR 465.02(37)(b) (b) Is subsequently peeled off and disposed.

NR 465.02(37)(c) (c) Reduces or eliminates the need to use organic HAP solvents to clean spray booth walls.

NR 465.02(38) (38) “Thinner” means a volatile liquid that is used to dilute coatings or contact adhesives to reduce viscosity, color strength and solids, or to modify drying conditions.

NR 465.02(39) (39) “Topcoat” means the last film-building finishing material that is applied in a finishing system.

NR 465.02(40) (40) “Touchup and repair” means the application of finishing materials to cover minor finishing imperfections.

NR 465.02(41) (41) “VHAP” means any volatile hazardous air pollutant listed in Table 1 in this subchapter.

NR 465.02(42) (42) “VHAP of potential concern” means any VHAP from the list in Table 5 in this subchapter.

NR 465.02(43) (43) “Washcoat” means a transparent special purpose finishing material having a solids content by weight of 12.0% by weight or less.

NR 465.02 Note Note: Washcoats are applied over initial stains to protect, to control color and to stiffen the wood fibers in order to aid sanding.

NR 465.02(44) (44) “Washoff operations” means those operations in which organic HAP solvent is used to remove coating from wood furniture or a wood furniture component.

NR 465.02(45) (45) “Wood furniture” means any product made of wood, a wood product such as rattan or wicker, or an engineered wood product such as particleboard that is manufactured under any of the following standard industrial classification codes, as described in the standard industrial classification manual, 1987, incorporated by reference in s. NR 484.05 (1): 2434, 2511, 2512, 2517, 2519, 2521, 2531, 2541, 2599 or 5712.

NR 465.02(46) (46) “Wood furniture component” means any part that is used in the manufacture of wood furniture. Examples include drawer sides, cabinet doors, seat cushions and laminated tops.

NR 465.02(47) (47) “Wood furniture manufacturing operations” means the finishing, gluing, cleaning and washoff operations associated with the production of wood furniture or wood furniture components.

NR 465.02 History History: CR 00-160: cr. Register August 2001 No. 548, eff. 9-1-01; CR 03-037: am. (intro.), (1), (11), (41), and (42) Register March 2004 No. 579, eff. 4-1-04.