Chapter NR 465

NR 465.31(2)(e)2.a. a. If a surface coating operation accounts for 90% or more of the surface coating activity at your facility, then that is the predominant activity and compliance with the emission limits specified in s. NR 465.33 (1) of the predominant activity for all surface coating operations constitutes compliance with these and other applicable surface coating NESHAP. In determining predominant activity, you shall include coating activities that meet the applicability criteria of other surface coating NESHAP and constitute more than one percent of total coating activities at your facility. Coating activities that meet the applicability criteria of other surface coating NESHAP but comprise less than one percent of coating activities need not be included in the determination of predominant activity but shall be included in the compliance calculation.

NR 465.31(2)(e)2.b. b. You shall use kilograms (kg) (pounds (lb)) of solids used as a measure of relative surface coating activity over a representative period of operation. You may estimate the relative mass of coating solids used from parameters other than coating consumption and mass solids content. The determination of predominant activity shall accurately reflect current and projected coating operations and shall be verifiable through appropriate documentation. The use of parameters other than coating consumption and mass solids content shall be approved by the administrator. You may use data for any reasonable time period of at least one year in determining the relative amount of coating activity, as long as they represent the way the source will continue to operate in the future and are approved by the administrator. You shall determine the predominant activity at your facility and submit the results of that determination with the initial notification required by s. NR 465.35 (1) (b). You shall also determine predominant activity annually and include the determination in the next semi-annual compliance report required by s. NR 465.35 (2) (a).

NR 465.31 Note Note: An example of parameters other than coating consumption and mass solids content for estimating the relative mass of coating solids used would be design specifications for the parts or products coated and the number of items produced.

NR 465.31(2)(e)3. 3. You may comply with a facility-specific emission limit calculated according to s. NR 465.33 (1) (c) 2. from the relative amount of coating activity that is subject to each emission limit in s. NR 465.33 (1) (a) and (b). If you elect to comply using the facility-specific emission limit alternative, then compliance with the facility-specific emission limit and the emission limits in s. NR 465.33 (1) (a) and (b) for all surface coating operations constitutes compliance with this subchapter and other applicable surface coating NESHAP. In calculating a facility-specific emission limit, you shall include coating activities that meet the applicability criteria of other surface coating NESHAP and constitute more than one percent of total coating activities at your facility. You may not consider any surface coating activity that is subject to the surface coating of automobiles and light-duty trucks NESHAP in 40 CFR part 63, Subpart IIII, in determining a facility-specific emission limit for your facility. Coating activities that meet the applicability criteria of other surface coating NESHAP but comprise less than one percent of total coating activities need not be included in the calculation of the facility-specific emission limit but shall be included in the compliance calculations.

NR 465.31(3) (3) What parts of my plant does this subchapter cover?

NR 465.31(3)(a) (a) This subchapter applies to each new, reconstructed and existing affected source within each of the 4 sub-categories listed in sub. (2) (a).

NR 465.31(3)(b) (b) The affected source is the collection of all of the items listed in subds. 1. to 4. that are used for surface coating of plastic parts and products within each sub-category.

NR 465.31(3)(b)1. 1. All coating operations.

NR 465.31(3)(b)2. 2. All storage containers and mixing vessels in which coatings, thinners and other additives, and cleaning materials are stored or mixed.

NR 465.31(3)(b)3. 3. All manual and automated equipment and containers used for conveying coatings, thinners and other additives, and cleaning materials.

NR 465.31(3)(b)4. 4. All storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation.

NR 465.31(3)(c) (c) An affected source is a new source if it meets the criteria in subd. 1. and the criteria in either subd. 2. or 3.

NR 465.31(3)(c)1. 1. You commenced the construction of the source after December 4, 2002 by installing new coating equipment.

NR 465.31(3)(c)2. 2. The new coating equipment is used to coat plastic parts and products at a source where no plastic parts surface coating was previously performed.

NR 465.31(3)(c)3. 3. The new coating equipment is used to perform plastic parts and products coating in a sub-category that was not previously performed.

NR 465.31(3)(d) (d) An affected source is reconstructed if you meet the criteria as defined in s. NR 460.02 (32).

NR 465.31(3)(e) (e) An affected source is existing if it is not new or reconstructed.

NR 465.31(4) (4) When do i have to comply with this subchapter? The date by which you shall comply with this subchapter is called the compliance date. The compliance date for each type of affected source is specified in pars. (a) to (c). The compliance date begins the initial compliance period during which you conduct the initial compliance demonstration described in ss. NR 465.36 (1), 465.37 (1) and 465.38 (1).

NR 465.31(4)(a) (a) For a new or reconstructed affected source, the compliance date is the applicable date in subd. 1. or 2.

NR 465.31(4)(a)1. 1. If the initial startup of your new or reconstructed affected source is on or before April 19, 2004, the compliance date is April 19, 2004.

NR 465.31(4)(a)2. 2. If the initial startup of your new or reconstructed affected source occurs after April 19, 2004, the compliance date is the date of initial startup of your affected source.

NR 465.31(4)(b) (b) For an existing affected source, the compliance date is April 19, 2007.

NR 465.31(4)(c) (c) For an area source that increases its emissions or its potential to emit so that it becomes a major source of HAP emissions, the compliance date is specified in subds. 1. and 2.

NR 465.31(4)(c)1. 1. For any portion of the source that becomes a new or reconstructed affected source subject to this subchapter, the compliance date is the date of initial startup of the affected source or April 19, 2004, whichever is later.

NR 465.31(4)(c)2. 2. For any portion of the source that becomes an existing affected source subject to this subchapter, the compliance date is the date one year after the area source becomes a major source or April 19, 2007, whichever is later.

NR 465.31(4)(d) (d) You shall meet the notification requirements in s. NR 465.35 (1) according to the dates specified in that subsection and in ch. NR 460. Some of the notifications need to be submitted before the compliance dates described in pars. (a) to (c).

NR 465.31 History History: CR 05-040: cr. Register February 2006 No. 602, eff. 3-1-06.

NR 465.32 NR 465.32 Definitions that apply to this subchapter. For terms not defined in this section, the definitions contained in chs. NR 400 and 460 apply to the terms in this subchapter, with definitions in ch. NR 460 taking precedence 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 465.32(1) (1) “Additive” means a material that is added to a coating after purchase from a supplier, such as catalysts, activators and accelerators.

NR 465.32(2) (2) “Add-on control” means an air pollution control device, such as a thermal oxidizer or carbon adsorber, that reduces pollution in an air stream by destruction or removal before discharge to the atmosphere.

NR 465.32(3) (3) “Adhesive” or “adhesive coating” means any chemical substance that is applied for the purpose of bonding 2 surfaces together. 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 465.32(4) (4) “Assembled on-road vehicle coating” means any coating operation in which coating is applied to the surface of some component or surface of a fully assembled motor vehicle or trailer intended for on-road use, including components or surfaces on automobiles and light-duty trucks that have been repaired after a collision or otherwise repainted, fleet delivery trucks, and motor homes and other recreational vehicles, including camping trailers and fifth wheels. Assembled on-road vehicle coating includes the concurrent coating of parts of the assembled on-road vehicle that are painted off-vehicle to protect systems, equipment, or to allow full coverage. Assembled on-road vehicle coating does not include surface coating operations that meet the applicability criteria of the automobiles and light-duty trucks NESHAP. Assembled on-road vehicle coating also does not include the use of adhesives, sealants and caulks used in assembling on-road vehicles.

NR 465.32(5) (5) “Automotive lamp coating” means any coating operation in which coating is applied to the surface of some component of the body of an exterior automotive lamp, including the application of reflective argent coatings and clear topcoats. Exterior automotive lamps include head lamps, tail lamps, turn signals, brake lights and side marker lights. Automotive lamp coating does not include any coating operation performed on an assembled on-road vehicle.

NR 465.32(6) (6) “Capture device” means a hood, enclosure, room, floor sweep or other means of containing or collecting emissions and directing those emissions into an add-on air pollution control device.

NR 465.32(7) (7) “Capture efficiency” or “capture system efficiency” means the portion, expressed as a percentage, of the pollutants from an emission source that is delivered to an add-on control device.

NR 465.32(8) (8) “Capture system” means one or more capture devices intended to collect emissions generated by a coating operation in the use of coatings or cleaning materials, both at the point of application and at subsequent points where emissions from the coatings and cleaning materials occur, such as flash-off, drying or curing. As used in this subchapter, multiple capture devices that collect emissions generated by a coating operation are considered a single capture system.

NR 465.32(9) (9) “Cleaning material” means a solvent used to remove contaminants and other materials, such as dirt, grease, oil and dried or wet coating, from a substrate before or after coating application or from equipment associated with a coating operation, such as spray booths, spray guns, racks, tanks and hangers. Thus, it includes any cleaning material used on substrates or equipment or both.

NR 465.32(10) (10) “Coating” means a material applied to a substrate for decorative, protective or functional purposes. These materials include paints, sealants, liquid plastic coatings, caulks, inks, adhesives and masking agents. Decorative, protective or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances, or paper film or plastic film which may be pre-coated with an adhesive by the film manufacturer, are not considered coatings for the purposes of this subchapter. A liquid plastic coating means a coating made from fine particle-size polyvinyl chloride in solution, also referred to as a plastisol.

NR 465.32(11) (11) “Coating operation” means equipment used to apply cleaning materials to a substrate to prepare it for coating application or to remove dried coating; to apply coating to a substrate and to dry or cure the coating after application; or to clean coating operation equipment. A single coating operation may include any combination of these types of equipment, but always includes at least the point at which a given quantity of coating or cleaning material is applied to a given part and all subsequent points in the affected source where organic HAP are emitted from the specific quantity of coating or cleaning material on the specific part. There may be multiple coating operations in an affected source. Coating application with hand-held, non-refillable aerosol containers, touch-up markers or marking pens is not a coating operation for the purposes of this subchapter.

NR 465.32(12) (12) “Coatings solids” means the nonvolatile portion of the coating that makes up the dry film.

NR 465.32(13) (13) “Continuous parameter monitoring system” or “CPMS” means the total equipment that may be required to meet the data acquisition and availability requirements of this subchapter, used to sample, condition, if applicable, analyze, and provide a record of coating operation, or capture system, or add-on control device parameters.

NR 465.32(14) (14) “Controlled coating operation” means a coating operation from which some or all of the organic HAP emissions are routed through an emission capture system and add-on control device.

NR 465.32(15) (15) “Deviation” means any instance in which an affected source subject to this subchapter, or an owner or operator of an affected source, does any of the following:

NR 465.32(15)(a) (a) Fails to meet any requirement or obligation established by this subchapter, including any emission limit or operating limit or work practice standard.

NR 465.32(15)(b) (b) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subchapter and that is included in the operating permit for any affected source required to obtain an operating permit.

NR 465.32(15)(c) (c) Fails to meet any emission limit, or operating limit, or work practice standard in this subchapter during startup, shutdown or malfunction, regardless of whether or not the failure is permitted by this subchapter.

NR 465.32(16) (16) “Emission limit” means the aggregate of all requirements associated with a compliance option including emission limit, operating limit and work practice standard.

NR 465.32(17) (17) “Enclosure” means a structure that surrounds a source of emissions and captures and directs the emissions to an add-on control device.

NR 465.32(18) (18) “Exempt compound” means a specific compound that is not considered a VOC due to negligible photochemical reactivity. The exempt compounds are listed in s. NR 400.02 (162).

NR 465.32(19) (19) “Facility maintenance” means the routine repair or renovation, including the surface coating, of the tools, equipment, machinery and structures that comprise the infrastructure of the affected facility and that are necessary for the facility to function in its intended capacity.

NR 465.32(20) (20) “General use coating” means any coating operation that is not an automotive lamp, thermoplastic olefin or assembled on-road vehicle coating operation.

NR 465.32(21) (21) “Hobby shop” means any surface coating operation, located at an affected source, that is used exclusively for personal, noncommercial purposes by the affected source’s employees or assigned personnel.

NR 465.32(22) (22) “Initial startup” means the first time equipment is brought on line in a facility.

NR 465.32(23) (23) “Manufacturer’s formulation data” means data on a material, such as a coating, that are supplied by the material manufacturer based on knowledge of the ingredients used to manufacture that material, rather than based on testing of the material with the test methods specified in s. NR 465.36 (2). Manufacturer’s formulation data may include information on density, organic HAP content, volatile organic matter content and coating solids content.

NR 465.32(24) (24) “Mass fraction of coating solids” means the ratio of the mass of solids, also known as the mass of nonvolatiles, to the mass of a coating in which it is contained; kg (lb) of coating solids per kg (lb) of coating.

NR 465.32(25) (25) “Mass fraction of organic HAP” means the ratio of the mass of organic HAP to the mass of a material in which it is contained, expressed as kg (lb) of organic HAP per kg (lb) of material.

NR 465.32(26) (26) “Month” means a calendar month or a pre-specified period of 28 days to 35 days to allow for flexibility in recordkeeping when data are based on a business accounting period.

NR 465.32(27) (27) “Non-HAP coating” means, for the purposes of this subchapter, a coating that contains no more than 0.1% by mass of any individual organic HAP that is an OSHA-defined carcinogen as specified in 29 CFR 1910.1200(d)(4) and no more than 1.0% by mass for any other individual HAP.

NR 465.32(28) (28) “Organic HAP content” means the mass of organic HAP emitted per mass of coating solids used for a coating calculated using Equation 1 of s. NR 465.36 (2). The organic HAP content is determined for the coating in the condition it is in when received from its manufacturer or supplier and does not account for any alteration after receipt. For reactive adhesives in which some of the HAP react to form solids and are not emitted to the atmosphere, organic HAP content is the mass of organic HAP that is emitted, rather than the organic HAP content of the coating as it is received.

NR 465.32(29) (29) “Permanent total enclosure” or “PTE” means a permanently installed enclosure that meets the criteria of Method 204 in 40 CFR part 51, Appendix M, incorporated by reference in s. NR 484.04 (9), for a PTE and that directs all the exhaust gases from the enclosure to an add-on control device.

NR 465.32(30) (30) “Personal watercraft” means a boat which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person or persons sitting, standing or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

NR 465.32(31) (31) “Plastic part and product” means any piece or combination of pieces of which at least one has been formed from one or more resins. These pieces may be solid, porous, flexible or rigid.

NR 465.32(32) (32) “Protective oil” means an organic material that is applied to metal for the purpose of providing lubrication or protection from corrosion without forming a solid film. This definition of protective oil includes lubricating oils, evaporative oils, those that evaporate completely, and extrusion oils.

NR 465.32(33) (33) “Reactive adhesive” means adhesive systems composed, in part, of volatile monomers that react during the adhesive curing reaction, and, as a result, do not evolve from the film during use. These volatile components instead become integral parts of the adhesive through chemical reaction. At least 70% of the liquid components of the system, excluding water, react during the process.

NR 465.32(34) (34) “Research or laboratory facility” means a facility whose primary purpose is for research and development of new processes and products, that is conducted under the close supervision of technically trained personnel, and is not engaged in the manufacture of final or intermediate products for commercial purposes, except in a de minimis manner.

NR 465.32(35) (35) “Responsible official” has the meaning given in s. NR 400.02 (136).

NR 465.32(36) (36) “Surface preparation” means use of a cleaning material on a portion of or all of a substrate. This includes use of a cleaning material to remove dried coating, which is sometimes called depainting.

NR 465.32(37) (37) “Temporary total enclosure” means an enclosure constructed for the purpose of measuring the capture efficiency of pollutants emitted from a given source as defined in Method 204 in 40 CFR part 51, Appendix M, incorporated by reference in s. NR 484.04 (9).

NR 465.32(38) (38) “Thermoplastic olefin” or “TPO” means polyolefins which are blends of polypropylene, polyethylene and its copolymers. This also includes blends of TPO with polypropylene and polypropylene alloys, including thermoplastic elastomer (TPE), TPE polyurethane (TPU), TPE polyester (TPEE), TPE polyamide (TPAE) and thermoplastic elastomer polyvinyl chloride (TPVC).

NR 465.32(39) (39) “Thermoplastic olefin coating” means any coating operation in which the coatings are components of a system of coatings applied to a TPO substrate, including adhesion promoters, primers, color coatings, clear coatings and topcoats. Thermoplastic olefin coating does not include the coating of TPO substrates on assembled on-road vehicles.

NR 465.32(40) (40) “Thinner” means an organic solvent that is added to a coating after the coating is received from the supplier.

NR 465.32(41) (41) “Total volatile hydrocarbon” or “TVH” means the total amount of nonaqueous volatile organic matter determined according to Methods 204 and 204A to 204F in 40 CFR part 51, Appendix M, incorporated by reference in s. NR 484.04 (9), and substituting the term TVH each place in the methods where the term VOC is used. The TVH includes both VOC and non-VOC.

NR 465.32(42) (42) “Uncontrolled coating operation” means a coating operation from which none of the organic HAP emissions are routed through an emission capture system and add-on control device.

NR 465.32(43) (43) “Wastewater” means water that is generated in a coating operation and is collected, stored or treated prior to being discarded or discharged.

NR 465.32(44) (44) “You” or “your” means the owner or operator of a facility that applies coatings to plastic parts or products.

NR 465.32 History History: CR 05-040: cr. Register February 2006 No. 602, eff. 3-1-06.

NR 465.33 NR 465.33 Emission limits.

NR 465.33(1) (1) What emission limits must i meet?

NR 465.33(1)(a) (a) For a new or reconstructed affected source, you shall limit organic HAP emissions to the atmosphere from the affected source to the applicable limit specified in subds. 1. to 4., except as specified in par. (c), determined according to the requirements in s. NR 465.36 (2), 465.37 (2) or 465.38 (2).

NR 465.33(1)(a)1. 1. For each new or reconstructed general use coating affected source, limit organic HAP emissions to no more than 0.16 kg (0.16 lb) of organic HAP emitted per kg (lb) of coating solids used during each 12-month compliance period.

NR 465.33(1)(a)2. 2. For each new or reconstructed automotive lamp coating affected source, limit organic HAP emissions to no more than 0.26 kg (0.26 lb) of organic HAP emitted per kg (lb) of coating solids used during each 12-month compliance period.

NR 465.33(1)(a)3. 3. For each new or reconstructed thermoplastic olefin coating affected source, limit organic HAP emissions to no more than 0.22 kg (0.22 lb) of organic HAP emitted per kg (lb) of coating solids used during each 12-month compliance period.

NR 465.33(1)(a)4. 4. For each new or reconstructed assembled on-road vehicle coating affected source, limit organic HAP emissions to no more than 1.34 kg (1.34 lb) of organic HAP emitted per kg (lb) of coating solids used during each 12-month compliance period.

NR 465.33(1)(b) (b) For an existing affected source, you shall limit organic HAP emissions to the atmosphere from the affected source to the applicable limit specified in subds. 1. to 4., except as specified in par. (c), determined according to the requirements in s. NR 465.36 (2), 465.37 (2) or 465.38 (2).

NR 465.33(1)(b)1. 1. For each existing general use coating affected source, limit organic HAP emissions to no more than 0.16 kg (0.16 lb) of organic HAP emitted per kg (lb) of coating solids used during each 12-month compliance period.

NR 465.33(1)(b)2. 2. For each existing automotive lamp coating affected source, limit organic HAP emissions to no more than 0.45 kg (0.45 lb) of organic HAP emitted per kg (lb) of coating solids used during each 12-month compliance period.

NR 465.33(1)(b)3. 3. For each existing thermoplastic olefin coating affected source, limit organic HAP emissions to no more than 0.26 kg (0.26 lb) of organic HAP emitted per kg (lb) of coating solids used during each 12-month compliance period.

NR 465.33(1)(b)4. 4. For each existing assembled on-road vehicle coating affected source, limit organic HAP emissions to no more than 1.34 kg (1.34 lb) of organic HAP emitted per kg (lb) of coating solids used during each 12-month compliance period.

NR 465.33(1)(c) (c) If your facility’s surface coating operations meet the applicability criteria of more than one of the sub-category emission limits specified in par. (a) or (b), you may comply separately with each sub-category emission limit or comply using one of the alternatives in subd. 1. or 2.