Section NR 465.36 - Compliance requirements for the compliant material option(1) BY WHAT DATES 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 465.31(4) and ends on the last day of the 12th month following 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 that month plus the next 12 months. The initial compliance demonstration includes the calculations 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 465.33(1), and that you used no thinners or other additives, or cleaning materials that contained organic HAP as determined according to sub. (2) (a).(2) HOW DO I DEMONSTRATE INITIAL COMPLIANCE WITH THE EMISSION LIMITS? 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 in s. NR 465.33(2) (b) or the emission rate with add-on controls option in s. NR 465.33(2) (c) for any coating operation in the affected source for which you do not use the compliant material option. To demonstrate initial compliance using the compliant material option, the coating operation or group of coating operations shall use no coating with an organic HAP content that exceeds the applicable emission limits in s. NR 465.33(1) and shall use no thinner or other additive, or cleaning material that contains organic HAP as determined according to pars. (a) to (d). Any coating operation for which you use the compliant material option is not required to meet the operating limits or work practice standards required in s. NR 465.33(3) and (4). You shall conduct a separate initial compliance demonstration for each general use coating, thermoplastic olefin coating, automotive lamp coating, and assembled on-road vehicle coating affected source unless you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in s. NR 465.33(1) (c). If you are demonstrating compliance with a predominant activity or facility-specific emission limit, you shall demonstrate that all coating operations included in the predominant activity determination or calculation of the facility-specific emission limit comply with that limit. You shall meet all the requirements of this subsection. You shall use the procedures in pars. (a) to (d) on each coating, thinner and other additive, 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 re-determine the organic HAP content of coatings, thinners and other additives, and cleaning materials that are reclaimed on-site, or reclaimed off-site if you have documentation showing that you received back the exact same materials that were sent off-site, and reused in the coating operation 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. (a)Determine the mass fraction of organic HAP for each material used. You shall determine the mass fraction of organic HAP for each coating, thinner and other additive, and cleaning material used during the compliance period by using one of the following 5 options: 1. `Method 311.' You may use Method 311 in 40 CFR part 63, Appendix A, incorporated by reference in s. NR 484.04(25), for determining the mass fraction of organic HAP. You shall use the procedures specified in subd. 1. a. and b. 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 compounds. Express the mass fraction of each organic HAP you count as a value truncated to 4 places after the decimal point. 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.
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. `Method 24.' For coatings, you may use Method 24 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04(13), to determine the mass fraction of nonaqueous volatile matter and use that value as a substitute for mass fraction of organic HAP. For reactive adhesives in which some of the HAP react to form solids and are not emitted to the atmosphere, you may use the alternative method contained in 40 CFR part 63, Subpart PPPP Appendix A, incorporated by reference in s. NR 484.04(24r), rather than Method 24. You may use the volatile fraction that is emitted, as measured by the alternative method in 40 CFR part 63, Subpart PPPP, Appendix A as a substitute for the mass fraction of organic HAP.3. `Alternative method.' You may use an alternative test method for determining the mass fraction of organic HAP 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. `Information from the supplier or manufacturer of the material.' You may rely on information other than that generated by the test methods specified in subds. 1. to 3., such as manufacturer's formulation data, if it represents 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 compounds. For reactive adhesives in which some of the HAP react to form solids and are not emitted to the atmosphere, you may rely on manufacturer's data that expressly states the organic HAP or volatile matter mass fraction content. If there is a disagreement between the manufacturer's data and results of a test conducted according to subds. 1. to 3., then the test method results will take precedence unless, after consultation, you demonstrate to the satisfaction of the department that the formulation data are correct. Note: For example, concerning which HAPs to include, if toluene (not an OSHA carcinogen) is 0.5% of the material by mass, you do not have to count it.
5. `Solvent blends.' 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. When test data and manufacturer's data for solvent blends are not available, you may use the default values for the mass fraction of organic HAP in these solvent blends listed in Table 2 or 3 of this subchapter. If you use the tables, you shall use the values in Table 2 for all solvent blends that match Table 2 entries according to the instructions for Table 2, and you may use Table 3 only if the solvent blends in the materials you use do not match any of the solvent blends in Table 2 and you know only whether the blend is aliphatic or aromatic. However, if the results of a test using Method 311 in 40 CFR part 63, Appendix A, incorporated by reference in s. NR 484.04(25), indicates higher values than those listed on Table 2 or 3, the Method 311 results will take precedence unless, after consultation, you demonstrate to the satisfaction of the department that the formulation data are correct.(b)Determine the mass fraction of coating solids for each coating. You shall determine the mass fraction of coating solids, in units of kg (lb) of coating solids per kg (lb) of coating, for each coating used during the compliance period by a test, by information provided by the supplier or the manufacturer of the material, or by calculation, as specified in subds. 1. to 3. 1. `Method 24.' Use Method 24 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04(13), for determining the mass fraction of coating solids. For reactive adhesives in which some of the liquid fraction reacts to form solids, you may use the alternative method contained in 40 CFR part 63, Subpart PPPP, Appendix A, incorporated by reference in s. NR 484.04(24r), rather than Method 24, to determine the mass fraction of coating solids.2. `Alternative method.' You may use an alternative test method for determining the solids content of each coating 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.3. `Information from the supplier or manufacturer of the material.' You may obtain the mass fraction of coating solids for each coating from the supplier or manufacturer. If there is disagreement between the supplier's or manufacturer's information and the test method results, then the test method results will take precedence unless, after consultation, you demonstrate to the satisfaction of the department that the formulation data are correct.(c)Calculate the organic HAP content of each coating. Calculate the organic HAP content of each coating used during the compliance period using Equation 1: See Image
where:
Hc is the organic HAP content of the coating, kg (lb) of organic HAP emitted per kg (lb) of coating solids used
Wc is the mass fraction of organic HAP in the coating, kg (lb) of organic HAP per kg (lb) of coating, determined according to par. (a)
Sc is the mass fraction of coating solids, kg (lb) of coating solids per kg (lb) of coating, determined according to par. (b)
(d)Compliance demonstration. The calculated organic HAP content for each coating used during the initial compliance period shall be less than or equal to the applicable emission limit in s. NR 465.33(1); and each thinner and other additive, and cleaning material used during the initial compliance period shall contain no organic HAP, determined according to par. (a). You shall keep all records required by s. NR 465.35(3) and (4). As part of the notification of compliance status required in s. NR 465.35(1), you shall identify any coating operation for which you used the compliant material option and submit a statement that the coating operation was in compliance with the emission limits specified in s. NR 465.33(1) during the initial compliance period because you used no coatings for which the organic HAP content exceeded the applicable emission limit in s. NR 465.33(1), and you used no thinners or other additives, or cleaning materials that contained organic HAP, determined according to the procedures in par. (a). (3) HOW DO I DEMONSTRATE CONTINUOUS COMPLIANCE WITH THE EMISSION LIMITS? (a) For each compliance period, to demonstrate continuous compliance, you shall use no coating for which the organic HAP content, determined using Equation 1 of sub. (2), exceeds the applicable emission limit in s. NR 465.33(1), and use no thinner or other additive, or cleaning material that contains organic HAP, determined according to sub. (2) (a). A compliance period consists of 12 months. Each month, after the end of the initial compliance period described in sub. (1), is the end of a compliance period consisting of that month and the preceding 11 months. If you are complying with a facility-specific emission limit under s. NR 465.33(1) (c) 2., you shall also perform the calculation using Equation 1 in s. NR 465.33(1) (c) 2. on a monthly basis using the data from the previous 12 months of operation. (b) If you choose to comply with the emission limits in s. NR 465.33(1) by using the compliant material option, the use of any coating, thinner or other additive, or cleaning material that does not meet the criteria specified in par. (a) is a deviation from the emission limits in s. NR 465.33(1) that shall be reported as specified in s. NR 465.35(1) (c) 6. and (2) (a) 5.(c) As part of each semiannual compliance report required by s. NR 465.35(2), you shall identify the coating operations for which you used the compliant material option. If there were no deviations from the applicable emission limit in s. NR 465.33(1), submit a statement that the coating operations were in compliance with the emission limits during the reporting period because you used no coatings for which the organic HAP content exceeded the applicable emission limit in s. NR 465.33(1), and you used no thinner or other additive, or cleaning material that contained organic HAP, determined according to sub. (2) (a).(d) You shall maintain records as specified in s. NR 465.35(3) and (4).Wis. Admin. Code Department of Natural Resources NR 465.36
CR 05-040: cr. Register February 2006 No. 602, eff. 3-1-06.