This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
NR 465.25(1)(b)9.e.e. A statement of whether or not you developed and implemented the startup, shutdown and malfunction plan required by s. NR 465.24 (1) (d).
NR 465.25(1)(b)10.10. If you have chosen for your affected source to comply with the requirements of another NESHAP in lieu of the requirements of this subchapter, as allowed in s. NR 465.21 (2) (d), a statement certifying your intent, as well as documentation and supporting materials showing that during the initial compliance period your affected source’s total organic HAP emissions were equal to or less than the organic HAP emissions that would have resulted from complying separately with each applicable NESHAP.
NR 465.25(2)(2)What reports must I submit?. You shall submit semiannual compliance reports for each affected source according to the requirements of this subsection. The semiannual compliance reporting requirements of this subsection may be satisfied by other required reports, as specified in par. (a) 5. The semiannual compliance report content and submittal requirements are as follows:
NR 465.25(2)(a)(a) Unless the department has approved a different schedule for submission of reports under s. NR 460.09 (1), you shall prepare and submit each semiannual compliance report according to the following dates and requirements:
NR 465.25(2)(a)1.1. The first semiannual compliance report shall cover the first semiannual reporting period which begins the day after the end of the initial compliance period described in s. NR 465.26 (1), 465.27 (1) or 465.28 (1) that applies to your affected source and ends on June 30 or December 31, whichever date is the first date following the end of the initial compliance period.
NR 465.25(2)(a)2.2. Each subsequent semiannual compliance report shall cover the subsequent semiannual reporting period from January 1 to June 30 or the semiannual reporting period from July 1 to December 31.
NR 465.25(2)(a)3.3. Each semiannual compliance report shall be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period.
NR 465.25(2)(a)4.4. For each affected source subject to ch. NR 407, you may submit compliance reports according to the dates established in a permit issued under ch. NR 407 instead of according to the dates specified in subd. 3.
NR 465.25(2)(a)5.5. Each affected source that has obtained a title V operating permit pursuant to ch. NR 407 shall report all deviations as defined in this subchapter in the semiannual monitoring report required by s. NR 407.09 (1) (c) 3. a. If an affected source submits a semiannual compliance report pursuant to this subsection along with, or as part of, the semiannual monitoring report required by s. NR 407.09 (1) (c) 3. a., and the semiannual compliance report includes all required information concerning deviations from any emission limitation in this subchapter, its submission shall be deemed to satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submission of a semiannual compliance report may not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the department.
NR 465.25(2)(b)(b) The semiannual compliance report shall contain all of the following information in addition to the information specified in pars. (c) to (j) that is applicable to your affected source:
NR 465.25(2)(b)1.1. Company name and address.
NR 465.25(2)(b)2.2. Statement by a responsible official with that official’s name, title, and signature certifying the truth, accuracy and completeness of the content of the report.
NR 465.25(2)(b)3.3. Date of report and beginning and ending dates of the reporting period. The reporting period is the 6-month period ending on June 30 or December 31.
NR 465.25(2)(b)4.4. Identification of the compliance option or options specified in s. NR 465.23 (2) that you used on each coating operation during the reporting period. If you switched between compliance options during the reporting period, you shall report the beginning and ending dates you used each option.
NR 465.25(2)(c)(c) If there were no deviations from the emission limitations in s. NR 465.23 (1), (3) and (4) that apply to you, the semiannual compliance report shall include a statement that there were no deviations from the emission limitations during the reporting period.
NR 465.25(2)(d)(d) If you use the compliant material option and there was a deviation from the applicable emission limit in s. NR 465.23 (1), the semiannual compliance report shall contain all of the following information:
NR 465.25(2)(d)1.1. Identification of each coating used that deviated from the emission limit, each thinner and cleaning material used that contained organic HAP, and the dates and time periods each was used.
NR 465.25(2)(d)2.2. The determination of the organic HAP content, according to s. NR 465.26 (2) (d), for each coating identified in subd. 1. You do not need to submit background data supporting this calculation, for example, information provided by coating suppliers or manufacturers or test reports.
NR 465.25(2)(d)3.3. The determination of mass fraction of organic HAP for each thinner and cleaning material identified in subd. 1. You do not need to submit background data supporting this calculation, for example, information provided by material suppliers or manufacturers or test reports.
NR 465.25(2)(d)4.4. A statement of the cause of each deviation.
NR 465.25(2)(e)(e) If you use the emission rate without add-on controls option and there was a deviation from the applicable emission limit in s. NR 465.23 (1), the semiannual compliance report shall contain all of the following information:
NR 465.25(2)(e)1.1. The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the emission limit.
NR 465.25(2)(e)2.2. The calculations used to determine the organic HAP emission rate for the compliance period in which the deviation occurred. You shall provide the calculations for Equations 1 and 1A to 1C, 2 and 3 in s. NR 465.27 (2), and if applicable, the calculation used to determine the organic HAP in waste materials according to s. NR 465.27 (2) (e) 2. You do not need to submit background data supporting these calculations, for example, information provided by materials suppliers or manufacturers or test reports.
NR 465.25(2)(e)3.3. A statement of the cause of each deviation.
NR 465.25(2)(f)(f) If you use the emission rate with add-on controls option and there were no periods during which the continuous parameter monitoring systems were out-of-control as specified in s. NR 460.07 (3) (g), the semiannual compliance report shall include a statement that there were no periods during which the CPMS were out-of-control during the reporting period.
NR 465.25(2)(g)(g) If you use the emission rate with add-on controls option and there was a deviation from an emission limitation, including during periods of startup, shutdown and malfunction, and including any periods when emissions bypassed the add-on control device and were diverted to the atmosphere, the semiannual compliance report shall contain all of the following information:
NR 465.25(2)(g)1.1. The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the applicable emission limit in s. NR 465.23 (1).
NR 465.25(2)(g)2.2. The calculations used to determine the organic HAP emission rate for each compliance period in which a deviation occurred. You shall provide the calculation of the total mass of organic HAP emissions for the coatings, thinners and cleaning materials used during the compliance period using Equations 1, 1A to 1C and 2 of s. NR 465.27 (2) and, if applicable, the calculation used to determine the mass of organic HAP in waste materials according to s. NR 465.27 (2) (e) 2.; the calculation of the total volume of coating solids used during the compliance period using Equation 2 of s. NR 465.27 (2); the calculation of the mass of organic HAP emission reduction during the compliance period by emission capture systems and add-on control devices, using Equations 1, 1A to 1C, 2, 3 and 3A to 3C of s. NR 465.28 (2); and the calculation of the organic HAP emission rate, using Equation 4 of s. NR 465.28 (2). You do not need to submit the background data supporting these calculations, for example, information provided by materials suppliers or manufacturers or test reports.
NR 465.25(2)(g)3.3. The date and time that each malfunction started and stopped.
NR 465.25(2)(g)4.4. A brief description of the CPMS.
NR 465.25(2)(g)5.5. The date of the latest CPMS certification or audit.
NR 465.25(2)(g)6.6. The date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks.
NR 465.25(2)(g)7.7. The date, time and duration that each CPMS was out-of-control, including the information in s. NR 460.07 (3) (h).
NR 465.25(2)(g)8.8. The date and time period of each deviation from an operating limit in Table 1 of this subchapter, the date and time period of any bypass of the add-on control device, and whether each deviation occurred during a period of startup, shutdown or malfunction or during another period.
NR 465.25(2)(g)9.9. A summary of the total duration of each deviation from an operating limit in Table 1 of this subchapter and bypass of the add-on control device during the semiannual reporting period and the total duration as a percent of the total source operating time during that semiannual reporting period.
NR 465.25(2)(g)10.10. A breakdown of the total duration of the deviations from the operating limits in Table 1 of this subchapter and bypasses of the add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes and other unknown causes.
NR 465.25(2)(g)11.11. A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period.
NR 465.25(2)(g)12.12. A description of any changes in the CPMS, coating operation, emission capture system or add-on control device since the last semiannual reporting period.
NR 465.25(2)(g)13.13. For each deviation from the work practice standards, a description of the deviation, the date and time period of the deviation and the actions you took to correct the deviation.
NR 465.25(2)(g)14.14. A statement of the cause of each deviation.
NR 465.25(2)(h)(h) If you use the emission rate with add-on controls option, you shall submit reports of performance test results for emission capture systems and add-on control devices no later than 60 days after completing the tests as specified in s. NR 460.09 (4) (b).
NR 465.25(2)(j)(j) If you use the emission rate with add-on controls option and you have a startup, shutdown or malfunction during the semiannual reporting period, you shall submit the following reports as applicable:
NR 465.25(2)(j)1.1. If your actions were consistent with your startup, shutdown and malfunction plan (SSMP), you shall include the information specified in s. NR 460.09 (4) (e) in the semiannual compliance report required by par. (a).
NR 465.25(2)(j)2.2. If your actions were not consistent with your SSMP, you shall submit an immediate startup, shutdown and malfunction report as follows:
NR 465.25(2)(j)2.a.a. You shall describe the actions taken during the event in a report delivered by facsimile, telephone or other means to the department within 2 working days after starting actions that are inconsistent with the plan.
NR 465.25(2)(j)2.b.b. You shall submit a letter to the department within 7 working days after the end of the event, unless you have made alternative arrangements with the department as specified in s. NR 460.09 (4) (e) 3. The letter shall contain the information specified in s. NR 460.09 (4) (e) 2.
NR 465.25(3)(3)What records must I keep?. You shall collect and keep records of the data and information specified in this subsection. Failure to collect and keep these records is a deviation from the applicable standard. The data and information are as follows:
NR 465.25(3)(a)(a) Each notification and report that you submitted to comply with this subchapter and the documentation supporting each notification and report.
NR 465.25(3)(b)(b) Information provided by materials suppliers or manufacturers such as manufacturer’s formulation data or test data used to determine the mass fraction of organic HAP and density for each coating, thinner and cleaning material and the volume fraction of coating solids for each coating. If you conducted testing to determine mass fraction of organic HAP, density or volume fraction of coating solids, a copy of the complete test report. If you use information provided to you by the manufacturer or supplier of the material that was based on testing, the summary sheet of results provided to you by the manufacturer or supplier. You are not required to obtain the test report or other supporting documentation from the manufacturer or supplier.
NR 465.25(3)(c)(c) For each compliance period, the time periods (beginning and ending dates and times) and the coating operations at which each compliance option was used and all determinations of kg organic HAP per liter of coating solids for the compliance option or options you used, as follows:
NR 465.25(3)(c)1.1. For the compliant material option, the determination of the organic HAP content for each coating, according to s. NR 465.26 (2) (d).
NR 465.25(3)(c)2.2. For the emission rate without add-on controls option, the calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used each month, using Equations 1 and 1A to 1C of s. NR 465.27 (2) and, if applicable, the calculations used to determine the mass of organic HAP in waste materials according to s. NR 465.27 (2) (e) 2.; the calculation of the total volume of coating solids used each month, using Equation 2 of s. NR 465.27 (2); and the calculation of the organic HAP emission rate, using Equation 3 of s. NR 465.27 (2).
NR 465.25(3)(c)3.3. For the emission rate with add-on controls option, the calculation of the total mass of organic HAP emissions for the coatings, thinners and cleaning materials used each month, using Equations 1 and 1A to 1C of s. NR 465.27 (2) and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to s. NR 465.27 (2) (e) 2.; the calculation of the total volume of coating solids used each month, using Equation 2 of s. NR 465.27 (2); the calculation of the mass of organic HAP emission reduction by emission capture systems and add-on control devices, using Equations 1, 1A to 1C, 2, 3 and 3A to 3C of s. NR 465.28 (2), as applicable; and the calculation of the organic HAP emission rate, using Equation 4 of s. NR 465.28 (2).
NR 465.25(3)(d)(d) The name and volume of each coating, thinner and cleaning material used during each compliance period.
NR 465.25(3)(e)(e) The mass fraction of organic HAP for each coating, thinner and cleaning material used during each compliance period.
NR 465.25(3)(f)(f) The volume fraction of coating solids for each coating used during each compliance period except for zero-HAP coatings for which volume solids determination is not required as allowed in s. NR 465.26 (2) (a).
NR 465.25(3)(g)(g) The density for each coating used during each compliance period except for zero-HAP coatings for which volume solids determination is not required as allowed in s. NR 465.26 (2) (a) and, if you use either the emission rate without add-on controls or the emission rate with add-on controls compliance option, the density for each thinner and cleaning material used during each compliance period.
NR 465.25(3)(h)(h) If you use an allowance in Equation 1 of s. NR 465.27 (2) for organic HAP contained in waste materials sent to or designated for shipment to a treatment, storage and disposal facility (TSDF) according to s. NR 465.27 (2) (e) 2., all of the following information:
NR 465.25(3)(h)1.1. The name and address of each TSDF to which you sent waste materials for which you use an allowance in Equation 1 of s. NR 465.27 (2), a statement of which subparts under 40 CFR parts 262, 264, 265 and 266 apply to the facility, and the date of each shipment.
NR 465.25(3)(h)2.2. Identification of the coating operations producing waste materials included in each shipment and the month or months in which you used the allowance for these materials in Equation 1 of s. NR 465.27 (2).
NR 465.25(3)(h)3.3. The methodology used in accordance with s. NR 465.27 (2) (e) 2. to determine the total amount of waste materials sent to, or the amount collected, stored and designated for transport to, a TSDF each month, and the methodology to determine the mass of organic HAP contained in these waste materials. This shall include the sources for all data used in the determination, methods used to generate the data, frequency of testing or monitoring, and supporting calculations and documentation, including the waste manifest for each shipment.
NR 465.25(3)(j)(j) The date, time and duration of each deviation.
NR 465.25(3)(k)(k) If you use the emission rate with add-on controls option, all of the following:
NR 465.25(3)(k)1.1. For each deviation, whether the deviation occurred during a period of startup, shutdown or malfunction.
NR 465.25(3)(k)2.2. The records in s. NR 460.05 (4) (c) 3. to 5. related to startup, shutdown and malfunction.
NR 465.25(3)(k)3.3. The records required to show continuous compliance with each operating limit specified in Table 1 of this subchapter that applies to you.
NR 465.25(3)(k)4.4. For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 in 40 CFR part 51, Appendix M, incorporated by reference in s. NR 484.04 (9), for a PTE and has a capture efficiency of 100%, as specified in s. NR 465.28 (6) (a).
NR 465.25(3)(k)5.5. For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in s. NR 465.28 (5) and (6) (b), including the following as applicable:
NR 465.25(3)(k)5.a.a. For a liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure, the mass of total volatile hydrocarbon (TVH) as measured by Method 204A or 204F in 40 CFR part 51, Appendix M, incorporated by reference in s. NR 484.04 (9), for each material used in the coating operation, and the total TVH for all materials used during each capture efficiency test run, including a copy of the test report. Also the mass of TVH emissions not captured by the capture system that exited the temporary total enclosure or building enclosure during each capture efficiency test run, as measured by Method 204D or 204E in 40 CFR part 51, Appendix M, incorporated by reference in s. NR 484.04 (9), including a copy of the test report, and documentation that the enclosure used for the capture efficiency test met the criteria in Method 204 in 40 CFR part 51, Appendix M, for either a temporary total enclosure or a building enclosure.
NR 465.25(3)(k)5.b.b. For a gas-to-gas protocol using a temporary total enclosure or a building enclosure, the mass of TVH emissions captured by the emission capture system as measured by Method 204B or 204C in 40 CFR part 51, Appendix M, incorporated by reference in s. NR 484.04 (9), at the inlet to the add-on control device, including a copy of the test report. Also, the mass of TVH emissions not captured by the capture system that exited the temporary total enclosure or building enclosure during each capture efficiency test run, as measured by Method 204D or E in 40 CFR part 51, Appendix M, including a copy of the test report, and documentation that the enclosure used for the capture efficiency test met the criteria in Method 204 in 40 CFR part 51, Appendix M, for either a temporary total enclosure or a building enclosure.
NR 465.25(3)(k)5.c.c. For an alternative protocol, documentation of a capture efficiency determination using an alternative method or protocol as specified in s. NR 465.28 (6) (b) 3., if applicable.
NR 465.25(3)(k)6.6. For each add-on control device organic HAP destruction or removal efficiency determination as specified in s. NR 465.28 (7), all of the following:
NR 465.25(3)(k)6.a.a. Each add-on control device performance test conducted according to s. NR 465.28 (5) and (7).
NR 465.25(3)(k)6.b.b. The coating operation conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions.
NR 465.25(3)(k)8.8. The data and calculations you used to establish the emission capture and add-on control device operating limits as specified in s. NR 465.28 (8), and to document compliance with the operating limits as specified in Table 1 of this subchapter.
NR 465.25(3)(k)9.9. The work practice plan required by s. NR 465.23 (4), and documentation that you are implementing the plan on a continuous basis.
NR 465.25(4)(4)In what form and for how long must I keep my records?.
NR 465.25(4)(a)(a) Your records shall be in a form suitable and readily available for expeditious review, according to s. NR 460.09 (2) (a). Where appropriate, the records may be maintained as electronic spreadsheets or as a database.
NR 465.25(4)(b)(b) As specified in s. NR 460.09 (2) (a), you shall keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report or record.
NR 465.25(4)(c)(c) You shall keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report or record, according to s. NR 460.09 (2) (a). You may keep the records off site for the remaining 3 years.
NR 465.25 HistoryHistory: CR 03-037: cr. Register March 2004 No. 579, eff. 4-1-04.
NR 465.26NR 465.26Compliance requirements for the compliant material option.
NR 465.26(1)(1)By what date must I conduct the initial compliance demonstration?. You shall complete the initial compliance demonstration for the initial compliance period according to the requirements in sub. (2). The initial compliance period begins on the applicable compliance date specified in s. NR 465.21 (4) and ends on the last day of the first full month after the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next month. The initial compliance demonstration includes the determination according to sub. (2) and supporting documentation showing that, during the initial compliance period, you used no coating with an organic HAP content that exceeded the applicable emission limit in s. NR 465.23 (1), and that you used no thinners or cleaning materials that contained organic HAP.
NR 465.26(2)(2)How do I demonstrate initial compliance with the emission limitations?. You may use the compliant material option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source. You shall use either the emission rate without add-on controls option or the emission rate with add-on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the compliant material option, the coating operation or group of coating operations may not use any coating with an organic HAP content that exceeds the applicable emission limit in s. NR 465.23 (1) and may not use any thinner or cleaning material that contains organic HAP, as determined according to this section during the initial compliance period. Any coating operation or operations for which you use the compliant material option is not required to meet the operating limits or work practice standards required in s. NR 465.23 (3) and (4), respectively. To demonstrate initial compliance with the emission limitations using the compliant material option, you shall meet all the requirements of this subsection for the coating operation or operations using this option. You shall use the procedures in this subsection on each coating, thinner and cleaning material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. You do not need to redetermine the HAP content of coatings, thinners or cleaning materials that have been reclaimed onsite and reused in the coating operation or operations for which you use the compliant material option, provided these materials, in their condition as received, were demonstrated to comply with the compliant material option. You shall comply with the following requirements and procedures except that if the mass fraction of organic HAP of a coating equals zero, determined according to par. (a), and you use the compliant material option, you are not required to comply with pars. (b) and (c) for that coating:
NR 465.26(2)(a)(a) Determine the mass fraction of organic HAP for each coating, thinner and cleaning material used during the compliance period according to one of the following options:
NR 465.26(2)(a)1.1. Use Method 311 in 40 CFR part 63, Appendix A, incorporated by reference in s. NR 484.04 (24). You shall use the following procedures when performing a Method 311 test:
NR 465.26(2)(a)1.a.a. Count each organic HAP that is measured to be present at 0.1% by mass or more for Occupational Safety and Health Administration (OSHA) defined carcinogens as specified in 29 CFR 1910.1200 (d) (4) and at 1.0% by mass or more for other organic HAP compounds.
NR 465.26 NoteNote: For example, if toluene, not an OSHA carcinogen, is measured to be 0.5% of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to 4 places after the decimal point (for example, 0.3791).
NR 465.26(2)(a)1.b.b. Calculate the total mass fraction of organic HAP in the test material by adding up the individual organic HAP mass fractions and truncating the result to 3 places after the decimal point.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.