The work practices for coating-related activities and cleaning materials are considered standard industrial practice. Most, if not all, facilities already implement solvent cleaning work practices that would meet the requirements of the rule changes. The proposed rule establishes those standard work practices as requirements.
11. Effect on Small Business (initial regulatory flexibility analysis): The DNR anticipates that the total cost to the single small business as a result of this rule will be approximately $13,440. More specific cost estimates are provided below.
Miscellaneous metal and plastic parts coating (ss. NR 422.151 and 422.084, Wis. Adm. Code) The DNR estimates that one small business may be impacted by the proposed miscellaneous metal and plastic parts coating rules in ss. NR 422.151 and 422.084, Wis. Adm. Code. DNR estimates that 23 facilities in Wisconsin’s ozone nonattainment areas conduct activities related to miscellaneous metal and plastic parts coating; however, only a small percentage of facilities will have emissions above the applicability threshold for VOC RACT in any given year. Of these 23 facilities, only one facility that is considered a small business, based on the definition in s. 227.114 (1), Stats., is known to the department to emit VOCs related to miscellaneous metal and plastic parts coating in excess of the threshold. In its 2008 CTG, EPA estimated the national average cost of this RACT control is an annualized cost of $10,500/facility in 2007 dollars. Updated for 2020, the cost for RACT control is an annualized cost of $13,440/facility. This gives a total estimated annualized cost to implement RACT control for small businesses using the updated CTG limits for miscellaneous metal and plastic parts coating processes of $13,440.
Miscellaneous industrial adhesives (s. NR 422.128, Wis. Adm. Code) The DNR does not anticipate small businesses to be impacted by the proposed adhesive use rule in s. NR 422.128, Wis. Adm. Code. DNR estimates that nine facilities in Wisconsin’s ozone nonattainment areas currently conduct activities involving miscellaneous industrial adhesives applications; however, in the past five years, none of the facilities have had emissions above the applicability threshold for VOC RACT in any given year. Given that no facilities considered small businesses are known to the department to currently be emitting VOCs related to adhesive use in excess of the threshold, the total estimated annualized cost to implement RACT control for small businesses using the updated CTG limits for miscellaneous industrial adhesives applications is $0.
12. Agency Contact Person: Olivia Salmon, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707-7921; OliviaE.Salmon@wisconsin.gov; (608) 630-5264 13. Place where comments are to be submitted and deadline for submission: A public hearing was held on January 25, 2021. Written comments were accepted through February 1, 2021.
RULE TEXT
Section 1 NR 400.02 (intro.) is created to read:
NR 400.02 Definitions. Except when another definition is specifically made applicable, in chs. NR 401 to 499: Section 2 NR 419.02 (intro.) is amended to read:
NR 419.02 Definitions. The Except when another definition is specifically made applicable, the definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms except when another definition is specifically made applicable, in this chapter and in chs. NR 420 to 425.: Section 3 NR 421.02 (intro.) is amended to read:
NR 421.02 Definitions. The Except when another definition is specifically made applicable, the definitions contained in chs. NR 400, 419, and 420 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used except when another definition is specifically made applicable, in this chapter and in chs. NR 422 to 425: Section 4 NR 422.01 (3), (4), and (Note) are created to read:
NR 422.01 (3) For a source located in an area that was ever designated nonattainment for ozone that had VOC emissions exceeding the applicability emission thresholds and became subject to the requirements of this chapter, the requirements of this chapter remain applicable notwithstanding any subsequent decrease in VOC emissions to a level below the applicability emission thresholds.
(4) The department may exempt a source from the requirements of this chapter if the source has an approved federally enforceable permit or state implementation plan revision that permanently restricts maximum theoretical emissions to below the applicability emission thresholds listed under this chapter and meets all applicable federal VOC RACT exemption requirements.
Note: “Maximum theoretical emissions” referred to in this chapter is defined under s. NR 419.02 (11). Section 5 NR 422.02 (intro.) is amended to read:
NR 422.02 The Except when another definition is specifically made applicable, the definitions contained in chs. NR 400, 419, and 421 apply to the terms used in this chapter. In addition, except when another definition is specifically made applicable, the following definitions apply to the terms used in this chapter: Section 6 NR 422.02 (1) is renumbered (1m).
Section 7 NR 422.02 (1d), (1h), (3g) (3r), (4g), (4r), (10m) and (Note), (12o), (12q), (15m), (19f), (19v), (19x), (20q), (20u), (20y), (21d) (21j), (25g), (25r), (32m), (34d), (34v), (36m), (38m), (41e), (41m), (41s), (42d), (42h) and (Note), (42s), (45s),(53j), (53k), (54a), (54b), (54c), (54d), (54e), (54f) and (Note), (54g), (54h), (54i) and (Note), (54j), (54k) and (54L) are created to read:
NR 422.02 (1d) “Acrylonitrile-butadiene-styrene welding” or “ABS welding” means any process to weld acrylonitrile-butadiene-styrene pipe.
(1h) “Adhesion primer” means a coating that is applied to a polyolefin part to promote the adhesion of a subsequent coating and that is clearly identified as an adhesion primer or adhesion promoter on its accompanying material safety data sheet.
(3g) “Aerosol adhesive” means an adhesive or adhesive primer packaged as an aerosol product in which the spray mechanism is permanently housed in a non-refillable can designed for handheld application without the need for ancillary hoses or spray equipment.
(3r) “Air assisted airless spray” means a spray coating method that combines compressed air with hydraulic pressure to atomize the coating material into finer droplets than is achieved with pure airless spray. Lower hydraulic pressure is used than with airless spray.
(4g) “Airless spray” means a spray coating method in which the coating is atomized by forcing it through a small opening at high pressure and in which the coating liquid is not mixed with air before exiting from the nozzle.
(4r) “Antifoulant coating” means any coating applied to the underwater portion of a pleasure craft to prevent or reduce the attachment of biological organisms and that is registered with EPA as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act.
(10m) “Black coating” means a coating that meets all of the following criteria:
(a) Maximum lightness: 23 units.
(b) Saturation: less than 2.8, where saturation equals the square root of A² + B².
Note: The criteria under this subsection are based on Cielab color space, 0/45 geometry. For spherical geometry, specular included, maximum lightness is 33 units.
(12o) “Camouflage coating” means a coating used, principally by the military, to conceal equipment from detection.
(12q) “Ceramic tile installation adhesive” means any adhesive intended by the manufacturer for use in the installation of ceramic tiles.
(15m) “Coating” means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes, including paints, varnishes, sealants, adhesives, inks, maskants, and temporary protective coatings.
(19f) (a) “Contact adhesive” means an adhesive that is all of the following:
1. Designed for application to bond 2 surfaces together.
2. Allowed to dry before the 2 surfaces are placed in contact with each other.
3. Forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other.
4. Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces.
(b) “Contact adhesive” does not include any of the following:
1. Rubber cements that are primarily intended for use on paper substrates.
2. Vulcanizing fluids that are designed and labeled for tire repair only.
(19v) “Cove base” means a flooring trim unit, generally made of vinyl or rubber, that has a concave radius on one edge and a convex radius on the opposite edge that is used in forming a junction between the bottom wall course and the floor or to form an inside corner.
(19x) “Cove base installation adhesive” means any adhesive intended by the manufacturer to be used for the installation of cove base or wall base on a wall or vertical surface at floor level.
(20q) “Cyanoacrylate adhesive” means any adhesive with a cyanoacrylate content of at least 95 percent by weight.
(20u) “Dip coating” means a method of applying coatings in which the part to be coated is submerged in a tank filled with the coating.
(20y) “Drum” means any cylindrical metal shipping container larger than 12 gallons capacity but no larger than 110 gallons capacity.
(21d) “Electric dissipating coating” means a coating that rapidly dissipates a high voltage electric charge.
(21j) “Electric-insulating varnish” means a non-convertible-type coating applied to electric motors, components of electric motors, or power transformers, to provide electrical, mechanical, and environmental protection or resistance.
(25g) “EPDM roof membrane” means a prefabricated single sheet of elastomeric material composed of ethylene propylene diene monomer and that is field applied to a building roof using one layer or membrane material.
(25r) “Etching filler” means a coating that contains less than 23 percent solids by weight and at least 0.5 percent acid by weight and is used instead of applying a pretreatment coating followed by a primer.
(32m) “Finish primer surfacer” means a coating applied with a wet film thickness of less than 10 mils prior to the application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, a moisture barrier, or promotion of a uniform surface necessary for filling in surface imperfections.
(34d) “Flexible coating” means a coating that is required to comply with engineering specifications for impact resistance, mandrel bend, or elongation, as those terms are defined by the original equipment manufacturer.
(34v) “Flexible vinyl” means non-rigid polyvinyl chloride plastic with a 5 percent by weight plasticizer content.
(36m) “Fog coat” means a coating that is applied to a plastic part for the purpose of color matching without masking a molded-in texture and that is not applied at a thickness of more than 0.5 mils of coating solids.
(38m) “Gloss reducer” means a coating that is applied to a plastic part solely to reduce the shine of the part and that is not applied at a thickness of more than 0.5 mils of coating solids.
(41e) “High bake” means a coating that is designed to cure only at temperatures of more than 194°F.
(41m) “High build primer surfacer” means a coating applied with a wet film thickness of 10 mils or more prior to the application of a topcoat for any of the following purposes:
(a) Providing corrosion resistance.
(b) Providing adhesion of subsequent coatings.
(c) Providing a moisture barrier.
(d) Promoting a uniform surface necessary for filling in surface imperfections.
(41s) “High gloss coating” means a coating that achieves at least 85 percent reflectance on a 60° glossmeter when tested by ASTM D 523-89, incorporated by reference under s. NR 484.10 (9). (42d) “High temperature coating” means a coating that is certified to withstand a temperature of 1000°F for 24 hours.
(42h) “High-volume, low-pressure spray” means equipment used to apply coatings by means of a spray gun that operates between 0.1 and 10 psig air pressure.
Note: High-volume, low-pressure is also referred to as HVLP.
(42s) (a) “Indoor floor covering installation adhesive” means any adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl backed carpet, resilient sheet and roll, or artificial grass.
(b) “Indoor floor covering installation adhesive” does not include an adhesive used to install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a non-porous substrate, such as flexible vinyl.
(45s) “Laminate” means a product made by bonding together 2 or more layers of material.
