NR 465.05(12)(b)
(b) If, after November 1998, the annual usage of the VHAP identified under
par. (a) 1. exceeds the baseline level
established
under
par. (a) 2., the owner or operator of the affected source shall provide a written notification to the department that describes the amount of the increase and explains the reasons for exceedance of the baseline level. Any of the following explanations relieve the owner or operator from further action, unless the affected source is not in compliance with any state regulations or requirements for that VHAP:
NR 465.05(12)(b)2.
2. Usage of the VHAP is below the de minimis level presented in Table 4 in this subchapter for that VHAP. For sources using a control device to reduce emissions, an adjusted usage based on the overall control efficiency of the control system may be calculated and used to demonstrate that the source does not exceed the de minimis level in Table 4 in this subchapter.
NR 465.05(12)(b)4.
4. The source of the pollutant is a finishing material with a VOC content of no more than 1.0 kg VOC/kg solids (1.0 lb VOC/lb solids), as applied.
NR 465.05(12)(c)
(c) If none of the explanations in
par. (b) are the reason for the increase, the owner or operator shall confer with the department to discuss the reason for the increase and whether there are practical and reasonable technology-based solutions for reducing the usage. The evaluation of whether a technology is reasonable and practical shall be based on cost, quality and marketability of the product, whether the technology is being used successfully by other wood furniture manufacturing operations, or other criteria mutually agreed upon by the department and owner or operator. If there are no practical and reasonable solutions, the owner or operator need take no further action. If there are solutions, the owner or operator shall develop a plan to reduce usage of the pollutant to the extent feasible. The plan shall address the approach to be used to reduce emissions, a timetable for implementing the plan and a schedule for submitting notification of progress.
NR 465.05(12)(d)
(d) If, after November 1998, the owner or operator of
an affected source uses a VHAP of potential concern listed in Table 5 in this subchapter for which a baseline level has not been previously established, the baseline level shall be established as the de minimis level provided in Table 5 in this subchapter for that chemical. The owner or operator shall track the annual usage of each VHAP of potential concern identified in this paragraph that is present in amounts that require inclusion on an MSDS in accordance with 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). If usage of the VHAP of potential concern exceeds the de minimis level listed in Table 5 in this subchapter for that chemical, the owner or operator shall provide an explanation to the department that documents the reason for exceedance of the de minimis level. If the explanation is not one of those listed in
par. (b), the owner or operator shall follow the procedures in
par. (c).
NR 465.05 History
History: CR 00-160: cr.
Register August 2001 No. 548, eff. 9-1-01;
CR 03-037: am. (2) (intro.), (5) (intro.) and (12) (a) 1., (b) 2., and (d)
Register March 2004 No. 579, eff. 4-1-04.
NR 465.055(1)
(1)
Existing sources. The compliance date for existing affected sources that emit less than 50 tons per year of HAP in 1996 is December 7, 1998. The compliance date for existing affected sources that emit 50 tons or more of hazardous air pollutants in 1996 is November 21, 1997. The owner or operator of an existing area source that increases its emissions of, or its potential to emit, HAP such that the source becomes a major source that is subject to this subchapter shall comply with this subchapter one year after becoming a major source.
NR 465.055(2)
(2) New sources. The compliance date for new affected sources is immediately upon startup or by December 7, 1995, whichever is later. The compliance date for new area sources that become major sources is immediately upon becoming a major source.
NR 465.055 Note
Note: Compliance dates are federally enforceable under
40 CFR 63.800 prior to the effective date of this section.
NR 465.055 History
History: CR 00-160: cr.
Register August 2001 No. 548, eff. 9-1-01;
CR 03-037: am. (1)
Register March 2004 No. 579, eff. 4-1-04.
NR 465.06
NR 465.06 Compliance methods and procedures. NR 465.06(1)(a)(a)
Finishing materials. The owner or operator of an existing affected source
shall comply with
s. NR 465.04 (1) (a) by using any of the following methods:
NR 465.06(1)(a)1.
1. Calculate the average VHAP content for all finishing materials used at the facility using Equation 1, and maintain a value of E no greater than 1.0.
(Equation 1)
NR 465.06(1)(a)2.
2. Use compliant finishing materials according to the following criteria:
NR 465.06(1)(a)2.a.
a. Demonstrate that each stain, sealer and topcoat has a VHAP content of no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied, and each thinner contains no more than 10.0% VHAP by weight by maintaining certified product data sheets for each coating and thinner.
NR 465.06(1)(a)2.b.
b. Demonstrate that each washcoat, basecoat and enamel that is not formulated at the affected source by thinning another finishing material has a VHAP content of no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied, and each thinner contains no more than 10.0% VHAP by weight by maintaining certified product data sheets for each coating and thinner.
NR 465.06(1)(a)2.c.
c. Demonstrate that each washcoat, basecoat and enamel that is formulated at the affected source is formulated using a finishing material containing no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids) and a thinner containing no more than 3.0% VHAP by weight.
NR 465.06(1)(a)3.
3. Use a control system with an overall control efficiency (R) such that the value of E
ac in Equation 2 is no greater than 1.0. The value of E
bc in Equation 2 shall be calculated using Equation 1 in
subd. 1.
(Equation 2)
NR 465.06(1)(b)
(b)
Foam adhesives. The owner or operator of an existing affected source shall comply with
s. NR 465.04 (1) (b) 1. by using foam adhesives with a VHAP content no greater than 1.8 kg VHAP/kg solids (1.8 lb VHAP/lb solids), as applied.
NR 465.06(1)(c)
(c)
Other contact adhesives. The owner or operator of an existing affected source shall comply with
s. NR 465.04 (1) (b) 2. by using either of the following methods:
NR 465.06(1)(c)1.
1. Use contact adhesives with a VHAP content no greater than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied.
NR 465.06(1)(c)2.
2. Use a control system with an overall control efficiency (R) such that the value of G
ac in Equation 3 is no greater than 1.0.
(Equation 3)
NR 465.06(2)(a)(a)
Finishing materials. The owner or operator of a new affected source shall comply with
s. NR 465.04 (2) (a) by using any of the following methods:
NR 465.06(2)(a)1.
1. Calculate the average VHAP content across all finishing materials used at the facility using Equation 1 in
sub. (1) (a) 1., and maintain a value of E no greater than 0.8.
NR 465.06(2)(a)2.
2. Use compliant finishing materials according to the following criteria:
NR 465.06(2)(a)2.a.
a. Demonstrate that each sealer and topcoat has a VHAP content of no more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids), as applied, each stain has a VHAP content of no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied, and each thinner contains no more than 10.0% VHAP by weight by maintaining certified product data sheets for each coating and thinner.
NR 465.06(2)(a)2.b.
b. Demonstrate that each washcoat, basecoat and enamel that is not formulated at the affected source by thinning another finishing material has a VHAP content of no more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids), as applied, and each thinner contains no more than 10.0% VHAP by weight by maintaining certified product data sheets for each coating and thinner.
NR 465.06(2)(a)2.c.
c. Demonstrate that each washcoat, basecoat and enamel that is formulated at the affected source is formulated using a finishing material containing no more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids) and a thinner containing no more than 3.0% VHAP by weight.
NR 465.06(2)(a)3.
3. Use a control system with an overall control efficiency (R) such that the value of E
ac in Equation 4 is no greater than 0.8. The value of E
bc in Equation 4 shall be calculated using Equation 1 in
sub. (1) (a) 1.
(Equation 4)
NR 465.06(2)(b)
(b)
Contact adhesives. The owner or operator of a new affected source shall comply with
s. NR 465.04 (2) (b) by using either of the following methods:
NR 465.06(2)(b)1.
1. Use contact adhesives with a VHAP content no greater than 0.2 kg VHAP/kg solids (0.2 lb VHAP/lb solids), as applied.
NR 465.06(2)(b)2.
2. Use a control system with an overall control efficiency (R) such that the value of G
ac in Equation 3 in
sub. (1) (c) 2. is no greater than 0.2.
NR 465.06 History
History: CR 00-160: cr.
Register August 2001 No. 548, eff. 9-1-01.
NR 465.07
NR 465.07 Initial compliance demonstration. NR 465.07(1)(1)
Finishing materials. The owner or operator of an affected source subject to the provisions of
s. NR 465.04 (1) (a) or
(2) (a) shall demonstrate initial compliance according to the following procedures as appropriate:
NR 465.07(1)(b)
(b) If complying by using the methods
s. NR 465.06 (1) (a) 2. or
(2) (a) 2., state in the initial compliance status report under
s. NR 465.105 (2) that compliant stains, washcoats, sealers, topcoats, basecoats, enamels and thinners, as applicable, are being used by the affected source.
NR 465.07(1)(c)1.
1. State in the initial compliance status report under
s. NR 465.105 (2) that compliant coatings, as determined by the VHAP content of the coating in the reservoir and the VHAP content as calculated from records, and compliant thinners are being used.
NR 465.07(1)(c)2.
2. State in the initial compliance status report under
s. NR 465.105 (2) that compliant coatings, as determined by the VHAP content of the coating in the reservoir, are being used; the viscosity of the coating in the reservoir is being monitored; and compliant thinners are being used. The owner or operator shall also submit data that demonstrate that viscosity is an appropriate parameter for demonstrating compliance.
NR 465.07(1)(d)1.
1. Submit a monitoring plan that identifies each operating parameter to be monitored for the capture device and discusses why each parameter is appropriate for demonstrating continuous compliance.
NR 465.07(1)(d)4.
4. Determine those operating conditions critical to determining compliance and establish one or more operating parameters that will ensure compliance with the standard. Operating parameters shall include the following:
NR 465.07(1)(d)4.a.
a. For a thermal incinerator, minimum combustion temperature shall be the operating parameter.
NR 465.07(1)(d)4.b.
b. For a catalytic incinerator equipped with a fixed catalyst bed, the minimum gas temperature both upstream and downstream of the catalyst bed shall be the operating parameters.
NR 465.07(1)(d)4.c.
c. For a catalytic incinerator equipped with a fluidized catalyst bed, the minimum gas temperature upstream of the catalyst bed and the pressure drop across the catalyst bed shall be the operating parameters.
NR 465.07(1)(d)4.d.
d. For a carbon adsorber, the total regeneration mass stream flow for each regeneration cycle and the carbon bed temperature after each regeneration, or the concentration level of organic compounds exiting the adsorber, shall be the operating parameters, unless the owner or operator requests and receives approval from the administrator to establish other operating parameters.
NR 465.07(1)(d)4.e.
e. For a control device not listed in this subdivision, one or more operating parameter values shall be established as follows: The owner or operator shall submit, for the administrator's approval, a description of the device, test data verifying the performance of the device, and appropriate site-specific operating parameters that will be monitored to demonstrate continuous compliance with the standard.
NR 465.07(1)(e)
(e) The value for each site-specific operating parameter in
par. (d) 4. shall be calculated as the arithmetic average of the maximum or minimum operating parameter values, as appropriate, that demonstrate compliance with the standards, during the 3 test runs required by
s. NR 465.09 (3) (a).
NR 465.07(2)
(2) Contact adhesives. The owner or operator of an affected source subject to the provisions of
s. NR 465.04 (1) (b) or
(2) (b) shall demonstrate initial compliance according to the following procedures as appropriate:
NR 465.07(2)(b)1.
1. Submit a monitoring plan that identifies each operating parameter to be monitored for the capture device and discusses why each parameter is appropriate for demonstrating continuous compliance.
NR 465.07(2)(b)4.
4. Determine those operating conditions critical to determining compliance and establish one or more operating parameters that will ensure compliance with the standard. Operating parameters shall include the following:
NR 465.07(2)(b)4.a.
a. For a thermal incinerator, minimum combustion temperature shall be the operating parameter.
NR 465.07(2)(b)4.b.
b. For a catalytic incinerator equipped with a fixed catalyst bed, the minimum gas temperature both upstream and downstream of the catalyst shall be the operating parameters.
NR 465.07(2)(b)4.c.
c. For a catalytic incinerator equipped with a fluidized catalyst bed, the minimum gas temperature upstream of the catalyst bed and the pressure drop across the catalyst bed shall be the operating parameters.
NR 465.07(2)(c)
(c) The value for each site-specific operating parameter in
par. (b) 4. shall be calculated as the arithmetic average of the maximum or minimum operating values, as appropriate, that demonstrate compliance with the standards, during the 3 test runs required by
s. NR 465.09 (3) (a).
NR 465.07(3)
(3) Strippable spray booth coatings. The owner or operator of an affected source subject to the provisions
s. NR 465.04 (1) (c) or
(2) (c) shall demonstrate initial compliance by stating in the initial compliance status report under
s. NR 465.105 (2) that compliant strippable spray booth coatings are being used.
NR 465.07(4)
(4) Work practice standards. The owner or operator of an affected source subject to the work practice standards in
s. NR 465.05 shall demonstrate initial compliance by stating in the initial compliance status report under
s. NR 465.105 (2) that the work practice implementation plan has been developed and procedures have been established for implementing the provisions of the plan.
NR 465.07 History
History: CR 00-160: cr.
Register August 2001 No. 548, eff. 9-1-01;
CR 03-037: am. (1) (a), (b) and (c) 1. and 2., (2) (a), (3) and (4)
Register March 2004 No. 579, eff. 4-1-04.
NR 465.08
NR 465.08 Continuous compliance demonstration. NR 465.08(1)(1)
Finishing materials. The owner or operator of an affected source subject to the provisions of
s. NR 465.04 (1) (a) or
(2) (a) shall demonstrate continuous compliance according to the following procedures as appropriate:
NR 465.08(1)(a)
(a) If complying by using the methods in
s. NR 465.06 (1) (a) 1. or
(2) (a) 1., submit the results of the averaging calculation using Equation 1 in
s. NR 465.06 (1) (a) 1. for each month within that semiannual period, and submit a compliance certification in accord with
s. NR 465.105 (3) which states that the value of E, as calculated using Equation 1 in
s. NR 465.06 (1) (a) 1., is no greater than 1.0 for existing sources or 0.8 for new sources. An affected source is in violation of the standard if the value of E is greater than 1.0 for existing sources or 0.8 for new sources for any month. A violation of the monthly average is a separate violation of the standard for each day of operation during the month, unless the affected source can demonstrate through records that the violation of the monthly average can be attributed to a particular day or days during the period.
NR 465.08(1)(b)
(b) If complying by using the methods in
s. NR 465.06 (1) (a) 2. or
(2) (a) 2., except as provided for in
par. (c), submit a compliance certification in accord with
s. NR 465.105 (3) which states that compliant stains, washcoats, sealers, topcoats, basecoats, enamels and thinners, as applicable, have been used each day in the semiannual reporting period or shall otherwise identify the periods of noncompliance and the reasons for noncompliance. An affected source is in violation of the standard whenever a noncompliant coating, as demonstrated by records or by a sample of the coating, is used.
NR 465.08(1)(c)1.
1. Use compliant coatings, as determined by the VHAP content of the coating in the reservoir and the VHAP content as calculated from records, use compliant thinners and submit a compliance certification in accord with
s. NR 465.105 (3) which states that compliant coatings have been used each day in the semiannual reporting period, or shall otherwise identify the days of noncompliance and the reasons for noncompliance. An affected source is in violation of the standard whenever a noncompliant coating, as determined by records or by a sample of the coating, is used. Use of a noncompliant coating is a separate violation for each day the noncompliant coating is used.
NR 465.08(1)(c)2.
2. Use compliant coatings, as determined by the VHAP content of the coating in the reservoir, use compliant thinners, maintain a viscosity of the coating in the reservoir that is no less than the viscosity of the initial coating by monitoring the viscosity with a viscosity meter or by testing the viscosity of the initial coating and retesting the coating in the reservoir each time solvent is added, maintain records of solvent additions and submit a compliance certification with the semiannual report required by
s. NR 465.105 (3). The compliance certification shall be signed by a responsible official of the company that owns or operates the affected source and shall state that compliant coatings, as determined by the VHAP content of the coating in the reservoir, have been used each day in the semiannual reporting period. Additionally, the certification shall state that the viscosity of the coating in the reservoir has not been less than the viscosity of the initial coating, that is, the coating that is initially mixed and placed in the reservoir, for any day in the semiannual reporting period. An affected source is in violation of the standard when a sample of the as-applied coating exceeds the applicable limit established in
s. NR 465.06 (1) (a) 2. or
(2) (a) 2., as determined using Method 311, in
40 CFR part 63, Appendix A, incorporated by reference in
s. NR 438.04, or the viscosity of the coating in the reservoir is less than the viscosity of the initial coating.
NR 465.08(1)(d)
(d) If complying by using the methods in
s. NR 465.06 (1) (a) 3. or
(2) (a) 3., install, calibrate, maintain and operate equipment according to manufacturer's specifications to monitor each site-specific operating parameter established in accordance with
s. NR 465.07 (2) (b) 1. The owner or operator shall also submit the excess emissions and continuous monitoring system performance report and summary report required by
ss. NR 465.105 (4) and
460.09 (5). The appropriate monitoring equipment and related requirements include the following:
NR 465.08(1)(d)1.
1. For an incinerator, a temperature monitoring device equipped with a continuous recorder shall be used as follows:
