Section NR 465.26 - Compliance requirements for the compliant material option(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.(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: (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: 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: 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. Note: 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).
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.2. Use Method 24 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04(13), for coatings to determine the mass fraction of nonaqueous volatile matter and use that value as a substitute for mass fraction of organic HAP.3. Use an alternative test method once the administrator has approved it. You shall follow the procedure in s. NR 460.06(5) to submit an alternative test method for approval.4. Use information other than that generated by the test methods specified in subds. 1. to 3., such as manufacturer's formulation data, if they represent each organic HAP that is present at 0.1 % by mass or more for 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. If there is a disagreement between information relied on under this subdivision and results of a test conducted according to subds. 1. to 3., the test method results will take precedence. 5. When test data and manufacturer's data for solvent blends are not available, use the default values for mass fraction of organic HAP for these solvent blends listed in Table 2 or 3 of this subchapter. You shall use the values in Table 2 of this subchapter for all solvent blends that match Table 2 entries, and you may only use Table 3 of this subchapter if the solvent blends in the materials you use do not match any of the solvent blends in Table 2 of this subchapter, and you only know whether the blend is aliphatic or aromatic. However, if the results of a Method 311 test indicate higher values than those listed in Table 2 or 3 of this subchapter, the Method 311 results will take precedence. Solvent blends may be listed as single components for some materials in data provided by manufacturers or suppliers. Solvent blends may contain organic HAP which shall be counted toward the total organic HAP mass fraction of the materials.(b) Determine the volume fraction of coating solids (liters of coating solids per liter of coating) for each coating used during the compliance period according to one of the following options: 1. Use ASTM Method D2697-86 (1998), "Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings", or ASTM Methods D6093-97, "Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer", incorporated by reference in s. NR 484.10(39e) and (55m), respectively, to determine the volume percent of coating solids for each coating. Divide the nonvolatile volume percent obtained with the methods by 100 to calculate volume fraction of coating solids.2. Obtain the volume fraction of coating solids for each coating from the supplier or manufacturer of the material.3. If the volume fraction of coating solids cannot be determined using the options in subd. 1. or 2., use the following equation: See Image
where:
Vs is the volume fraction of coating solids, liters coating solids per liter coating
mvolatiles is the total volatile matter content of the coating, including HAP, volatile organic compounds (VOC), water and compounds excluded from the VOC definition in s. NR 400.02, determined according to Method 24 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04(13), grams volatile matter per liter coating
Davg is the average density of volatile matter in the coating, grams volatile matter per liter volatile matter, determined from test results using ASTM Method D1475-98, "Standard Test Method for Density of Liquid Coatings, Inks and Related Products", incorporated by reference in s. NR 484.10(22), information from the supplier or manufacturer of the material, or reference sources providing density or specific gravity data for pure materials. If there is disagreement between ASTM Method D1475-98 test results and other information sources, the test results will take precedence.
(c) Determine the density of each coating used during the compliance period from test results using ASTM Method D1475-98, "Standard Test Method for Density of Liquid Coatings, Inks, and Related Products", incorporated by reference in s. NR 484.10(22), information from the supplier or manufacturer of the material, or reference sources providing density or specific gravity data for pure materials. If there is disagreement between ASTM Method D1475-98 test results and other information sources, the test results will take precedence.(d) Determine the organic HAP content, kg organic HAP per liter coating solids, of each coating used during the compliance period using the following equation, except that if the mass fraction of organic HAP equals zero, then the organic HAP content also equals zero: Hc = (Dc)(Wc)/Vs
(Equation 2)
where:
Hc is the organic HAP content of the coating, kg organic HAP per liter coating solids
Dc is the density of coating, kg coating per liter coating, determined according to par.
Wc is the mass fraction of organic HAP in the coating, kg organic HAP per kg coating, determined according to par. (a)
Vs is the volume fraction of coating solids, liters coating solids per liter coating, determined according to par. (b)
(e) Ensure that the organic HAP content for each coating used during the initial compliance period is less than or equal to the applicable emission limit in s. NR 465.23(1) and each thinner and cleaning material used during the initial compliance period does not contain any organic HAP, determined according to par. (a). You shall keep all records required by s. NR 465.25(3) and (4). As part of the notification of compliance status required in s. NR 465.25(1), you shall identify the coating operation or operations for which you used the compliant material option and submit a statement that the coating operation was, or operations were, in compliance with the emission limitations during the initial compliance period because you used no coatings for which the organic HAP content exceeds the applicable emission limit in s. NR 465.23(1), and you used no thinners or cleaning materials that contain organic HAP, determined according to par. (a).(3) HOW DO I DEMONSTRATE CONTINUOUS COMPLIANCE WITH THE EMISSION LIMITATIONS?. (a) For each compliance period, to demonstrate continuous compliance, you may not use any coating for which the organic HAP content, determined according to sub. (2) (d), exceeds the applicable emission limit in s. NR 465.23(1), and may not use any thinner or cleaning material that contains organic HAP, determined according to sub. (2) (a). Each month following the initial compliance period described in sub. (1) is a compliance period. (b) If you choose to comply with the emission limitations by using the compliant material option, the use of any coating, thinner or cleaning material that does not meet the criteria specified in par. (a) is a deviation from the emission limitations that shall be reported as specified in s. NR 465.25(1) (b) 6. and (2) (d). (c) As part of each semiannual compliance report required by s. NR 465.25(2), you shall submit a statement that you were in compliance with the emission limitations during the reporting period because you used no thinners or cleaning materials that contained organic HAP, and you used no coatings for which the organic HAP content exceeded the applicable emission limit in s. NR 465.23(1).(d) You shall maintain records as specified in s. NR 465.25(3) and (4).Wis. Admin. Code Department of Natural Resources NR 465.26
CR 03-037: cr. Register March 2004 No. 579, eff. 4-1-04; CR 05-040: am. (2) (a) 5. Register February 2006 No. 602, eff. 3-1-06.