Section NR 465.41 - What this subchapter covers(1) WHAT IS THE PURPOSE OF THIS SUBCHAPTER? This subchapter establishes national emission standards for hazardous air pollutants (NESHAP) for miscellaneous metal parts and products surface coating facilities. This subchapter also establishes requirements to demonstrate initial and continuous compliance with the emission limits specified in s. NR 465.43(1). Note: This subchapter is based on the federal regulations contained in 40 CFR part 63 Subpart MMMM, as last revised April 26, 2004.
(2) AM I SUBJECT TO THIS SUBCHAPTER? (a) Miscellaneous metal parts and products include metal components of the following types of products as well as the products themselves: motor vehicle parts and accessories, bicycles and sporting goods, recreational vehicles, extruded aluminum structural components, railroad cars, heavy duty trucks, medical equipment, lawn and garden equipment, electronic equipment, magnet wire, steel drums, industrial machinery, metal pipes, and numerous other industrial, household and consumer products. Except as provided in par. (c), the source category to which this subchapter applies is the surface coating of any miscellaneous metal parts or products, as described in subd. 1., and it includes the sub-categories listed in subds. 2. to 6. 1. Surface coating is the application of coating to a substrate. When application of coating to a substrate occurs, then surface coating also includes associated activities, such as surface preparation, cleaning, mixing and storage. However, these activities do not comprise surface coating if they are not directly related to the application of the coating. Coating application with hand-held, non-refillable aerosol containers, touch-up markers, marking pens or the application of paper film or plastic film which may be pre-coated with an adhesive by the manufacturer are not coating operations for the purposes of this subchapter.2. The general use coating sub-category includes all surface coating operations that are not high performance, magnet wire, rubber-to-metal or extreme performance fluoropolymer coating operations.3. The high performance coating sub-category includes surface coating operations that are performed using coatings that meet the definition of high performance architectural coating or high temperature coating in s. NR 465.42(22).4. The magnet wire coating sub-category includes surface coating operations that are performed using coatings that meet the definition of magnet wire coatings in s. NR 465.42(26).5. The rubber-to-metal coatings sub-category includes surface coating operations that are performed using coatings that meet the definition of rubber-to-metal coatings in s. NR 465.42(39).6. The extreme performance fluoropolymer coatings sub-category includes surface coating operations that are performed using coatings that meet the definition of extreme performance fluoropolymer coatings in s. NR 465.42(18).(b) You are subject to this subchapter if you own or operate a new, reconstructed or existing affected source, as defined in sub. (3), that uses 946 liters (250 gallons) per year, or more, of coatings that contain hazardous air pollutants (HAP) in the surface coating of miscellaneous metal parts and products defined in par. (a); and that is a major source, is located at a major source or is part of a major source of emissions of HAP. A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) or more per year. You do not need to include coatings that meet the definition of non-HAP coating contained in s. NR 465.42(31) in determining whether you use 946 liters (250 gallons) per year, or more, of coatings in the surface coating of miscellaneous metal parts and products. (c) This subchapter does not apply to surface coating or a coating operation that meets any of the criteria of subds. 1. to 17. 1. A coating operation conducted at a facility where the facility uses only coatings, thinners and other additives, and cleaning materials that contain no organic HAP, as determined according to s. NR 465.46(2) (a).2. Surface coating operations that occur at research or laboratory facilities, or are part of janitorial, building and facility maintenance operations, or that occur at hobby shops that are operated for noncommercial purposes.3. Coatings used in volumes of less than 189 liters (50 gallons) per year, provided that the total volume of coatings exempt under this paragraph does not exceed 946 liters (250 gallons) per year at the facility.4. The surface coating of metal parts and products performed on-site at installations owned or operated by the armed forces of the United States, including the Coast Guard and the National Guard of any state, or the National Aeronautics and Space Administration, or the surface coating of military munitions manufactured by or for the armed forces of the United States, including the Coast Guard and the National Guard of any state.5. Surface coating where plastic is extruded onto metal wire or cable or metal parts or products to form a coating.6. Surface coating of metal components of wood furniture that meet the applicability criteria for wood furniture manufacturing in subch. I.7. Surface coating of metal components of large appliances that meet the applicability criteria for large appliance surface coating in subch. III.8. Surface coating of metal components of metal furniture that meet the applicability criteria for metal furniture surface coating in 40 CFR part 63, Subpart RRRR.9. Surface coating of metal components of wood building products that meet the applicability criteria for wood building products surface coating in 40 CFR part 63, Subpart QQQQ.10. Surface coating of metal components of aerospace vehicles that meet the applicability criteria for aerospace manufacturing and rework in 40 CFR part 63, Subpart GG.11. Surface coating of metal parts intended for use in an aerospace vehicle or component using specialty coatings as defined in 40 CFR part 63, Subpart GG, Appendix A.12. Surface coating of metal components of ships that meet the applicability criteria for shipbuilding and ship repair in 40 CFR part 63, Subpart II.13. Surface coating of metal using a web coating process that meets the applicability criteria for paper and other web coating in 40 CFR part 63, Subpart JJJJ.14. Surface coating of metal using a coil coating process that meets the applicability criteria for metal coil coating in 40 CFR part 63, Subpart SSSS.15. Surface coating of boats or metal parts of boats, including the use of assembly adhesives, where the facility meets the applicability criteria for boat manufacturing facilities in 40 CFR part 63, Subpart VVVV, except where the surface coating of the boat is a metal coating operation performed on personal watercraft or parts of personal watercraft. This subchapter does apply to metal coating operations performed on personal watercraft and parts of personal watercraft.16. Surface coating of assembled on-road vehicles that meet the applicability criteria for the assembled on-road vehicle sub-category in plastic parts and products surface coating in subch. IV.17. Surface coating of metal components of automobiles and light-duty trucks that meets the applicability criteria in 40 CFR 63.3082(b) for the surface coating of automobiles and light-duty trucks NESHAP in 40 CFR part 63, Subpart IIII, at a facility that meets the applicability criteria in 40 CFR 63.3081(b).(d) If your facility meets the applicability criteria in 40 CFR 63.3081(b) of the surface coating of automobiles and light-duty trucks NESHAP in 40 CFR part 63, Subpart IIII, and you perform surface coating of metal parts or products that meets both the applicability criteria in 40 CFR 63.3082(c) and the applicability criteria of this subchapter, then, for the surface coating of any or all of your metal parts or products that meets the applicability criteria in 40 CFR 63.3082(c), you may choose to comply with the requirements of 40 CFR part 63, Subpart IIII, in lieu of complying with the requirements in this subchapter. Surface coating operations on metal parts or products not intended for use in automobiles or light-duty trucks, such as parts for motorcycles or lawn mowers, cannot be made part of your affected source under 40 CFR part 63, Subpart IIII.(e) If you own or operate an affected source that meets the applicability criteria of this subchapter and at the same facility you also perform surface coating that meets the applicability criteria of any other final surface coating NESHAP in 40 CFR part 63 or this chapter, you may choose to comply as specified in subd. 1., 2. or 3. 1. You may have each surface coating operation that meets the applicability criteria of a separate NESHAP comply with that NESHAP separately.2. You may comply with the emission limit representing the predominant surface coating activity at your facility, as determined according to subd. 2. a. and b. However, you may not establish high performance, rubber-to-metal or extreme performance fluoropolymer coating operations as the predominant activity. 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 the predominant surface coating activity at your facility. a. If a surface coating operation accounts for 90% or more of the surface coating activity at your facility, which is the predominant activity, then compliance with the emission limits of the predominant activity for all surface coating operations, as provided in s. NR 465.43(1) (c) 1., 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.b. You shall use liters (gallons) of solids used as a measure of relative surface coating activity over a representative period of operation. You may estimate the relative volume of coating solids used from parameters other than coating consumption and volume solids content, such as design specifications for the parts or products coated and the number of items produced. 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 volume 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 465.45(1) (b). You shall also determine predominant activity annually and include the determination in the next semi-annual compliance report required by s. NR 465.45(2) (a).3. You may comply with a facility-specific emission limit, as provided in s. NR 465.43(1) (c) 2., calculated from the relative amount of coating activity that is subject to each emission limit. If you elect to comply using the facility-specific emission limit alternative, then compliance with the facility-specific emission limit and the emission limits specified in s. NR 465.43(1) (a) and (b) for all surface coating operations constitutes compliance with this 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.(3) WHAT PARTS OF MY PLANT DOES THIS SUBCHAPTER COVER?(a) This subchapter applies to each new, reconstructed and existing affected source within each of the 5 sub-categories listed in sub. (2) (a).(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 miscellaneous metal parts and products within each sub-category. 1. All coating operations.2. All storage containers and mixing vessels in which coatings, thinners and other additives, and cleaning materials are stored or mixed.3. All manual and automated equipment and containers used for conveying coatings, thinners and other additives, and cleaning materials.4. All storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation.(c) An affected source is a new affected source if you commenced its construction after August 13, 2002 and the construction is of a completely new miscellaneous metal parts and products surface coating facility where previously no miscellaneous metal parts and products surface coating facility had existed.(d) An affected source is reconstructed if it meets the criteria as defined in s. NR 460.02(32).(e) An affected source is existing if it is not new or reconstructed.(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 465.46(1), 465.47(1) and 465.48(1). (a) For a new or reconstructed affected source, the compliance date is the applicable date in subd. 1. or 2. 1. If the initial startup of your new or reconstructed affected source is on or before January 2, 2004, the compliance date is January 2, 2004.2. If the initial startup of your new or reconstructed affected source occurs after January 2, 2004, the compliance date is the date of initial startup of your affected source.(b) For an existing affected source, the compliance date is January 2, 2007.(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. 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 January 2, 2004, whichever is later.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 January 2, 2007, whichever is later.(d) You shall meet the notification requirements in s. NR 465.45(1) according to the dates specified in that section and in ch. NR 460. Some of the notifications need to be submitted before the compliance dates described in pars. (a) to (c). Wis. Admin. Code Department of Natural Resources NR 465.41
CR 05-040: cr. Register February 2006 No. 602, eff. 3-1-06.