Section NR 465.31 - What this subchapter covers(1) WHAT IS THE PURPOSE OF THIS SUBCHAPTER? This subchapter establishes national emission standards for hazardous air pollutants (NESHAP) for plastic parts and products surface coating facilities. This subchapter also establishes requirements to demonstrate initial and continuous compliance with the emission limits in s. NR 465.33(1). Note: This subchapter is based on the federal regulations contained in 40 CFR part 63 Subpart PPPP, as last revised April 26, 2004.
(2) AM I SUBJECT TO THIS SUBCHAPTER? (a) Plastic parts and products includes plastic components of the following types of products as well as the products themselves: motor vehicle parts and accessories for automobiles, trucks, recreational vehicles; sporting and recreational goods; toys; business machines; laboratory and medical equipment; and household and other consumer products. Except as provided in par. (c), the source category to which this subchapter applies is the surface coating of any plastic parts or products, as described in subd. 1., and includes the sub-categories listed in subds. 2. to 5. 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 automotive lamp coating operations, thermoplastic olefin (TPO) coating operations or assembled on-road vehicle coating operations.3. The automotive lamp coating sub-category includes the surface coating of plastic components of the body of an exterior automotive lamp, including head lamps, tail lamps, turn signals and marker lamps; typical coatings used are reflective agent coatings and clear topcoats. This sub-category does not include the coating of interior automotive lamps, such as dome lamps and instrument panel lamps.4. The TPO coating sub-category includes the surface coating of TPO substrates; typical coatings used are adhesion promoters, color coatings, clear coatings and topcoats. The coating of TPO substrates on fully assembled on-road vehicles is not included in the TPO coating sub-category.5. The assembled on-road vehicle coating sub-category includes surface coating of fully assembled motor vehicles and trailers intended for on-road use, including automobiles, light-duty trucks, heavy duty trucks and buses that have been repaired after a collision or otherwise repainted; fleet delivery trucks; and motor homes and other recreational vehicles, including camping trailers and fifth wheels. This sub-category also includes the incidental coating of parts that are removed from the fully assembled on-road vehicle to facilitate concurrent coating of all parts associated with the vehicle. The assembled on-road vehicle coating sub-category does not include the surface coating of plastic parts prior to their attachment to an on-road vehicle on an original equipment manufacturer's assembly line. The assembled on-road vehicle coating sub-category also does not include the use of adhesives, sealants and caulks used in assembling on-road vehicles. Body fillers used to correct small surface defects and rubbing compounds used to remove surface scratches are not considered coatings subject to this subchapter.(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 378 liters (100 gallons) per year, or more, of coatings that contain hazardous air pollutants (HAP) in the surface coating of plastic 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 in s. NR 465.32(27) in determining whether you use 378 liters (100 gallons) per year, or more, of coatings in the surface coating of plastic 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 16. 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. The surface coating of plastic 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.4. Surface coating where plastic is extruded onto plastic parts or products to form a coating.5. Surface coating of magnet wire.6. In-mold coating operations or gel coating operations in the manufacture of reinforced plastic composite parts that meet the applicability criteria for reinforced plastics composites production in 40 CFR part 63, Subpart WWWW.7. Surface coating of plastic components of wood furniture that meet the applicability criteria for wood furniture manufacturing in s. NR 465.01(1).8. Surface coating of plastic components of large appliances that meet the applicability criteria for large appliance surface coating in s. NR 465.21(2).9. Surface coating of plastic components of metal furniture that meet the applicability criteria for metal furniture surface coating in 40 CFR part 63, Subpart RRRR.10. Surface coating of plastic components of wood building products that meet the applicability criteria for wood building products surface coating in 40 CFR part 63, Subpart QQQQ.11. Surface coating of plastic components of aerospace vehicles that meet the applicability criteria for aerospace manufacturing and rework in 40 CFR part 63, Subpart GG.12. Surface coating of plastic parts intended for use in an aerospace vehicle or component using specialty coatings as defined in 40 CFR part 63, Subpart GG, Appendix A.13. Surface coating of plastic components of ships that meet the applicability criteria for shipbuilding and ship repair in 40 CFR part 63, Subpart II.14. Surface coating of plastic using a web coating process that meets the applicability criteria for paper and other web coating in 40 CFR part 63, Subpart JJJJ.15. Surface coating of fiberglass boats or parts of fiberglass boats, including the use of assembly adhesives, where the facility meets the applicability criteria for boat manufacturing, 40 CFR part 63, Subpart VVVV, except where the surface coating of the boat is a post-mold coating operation performed on personal watercraft or parts of personal watercraft. This subchapter does apply to post-mold coating operations performed on personal watercraft and parts of personal watercraft.16. Surface coating of plastic components of automobiles and light-duty trucks that meet the applicability criteria in 40 CFR 63.3082(b) of 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 plastic 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 plastic 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 this subchapter. Surface coating operations on plastic 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 in s. NR 465.33(1) representing the predominant surface coating activity at your facility, as determined according to subd. 2. a. and b. However, you may not establish assembled on-road vehicle or automotive lamp 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, then that is the predominant activity and compliance with the emission limits specified in s. NR 465.33(1) of the predominant activity for all surface coating operations 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 kilograms (kg) (pounds (lb)) of solids used as a measure of relative surface coating activity over a representative period of operation. You may estimate the relative mass of coating solids used from parameters other than coating consumption and mass solids content. 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 mass 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 465.35(1) (b). You shall also determine predominant activity annually and include the determination in the next semi-annual compliance report required by s. NR 465.35(2) (a). Note: An example of parameters other than coating consumption and mass solids content for estimating the relative mass of coating solids used would be design specifications for the parts or products coated and the number of items produced.
3. You may comply with a facility-specific emission limit calculated according to s. NR 465.33(1) (c) 2. from the relative amount of coating activity that is subject to each emission limit in s. NR 465.33(1) (a) and (b). If you elect to comply using the facility-specific emission limit alternative, then compliance with the facility-specific emission limit and the emission limits in s. NR 465.33(1) (a) and (b) for all surface coating operations constitutes compliance with this subchapter 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 4 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 plastic 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 source if it meets the criteria in subd. 1. and the criteria in either subd. 2. or 3. 1. You commenced the construction of the source after December 4, 2002 by installing new coating equipment.2. The new coating equipment is used to coat plastic parts and products at a source where no plastic parts surface coating was previously performed.3. The new coating equipment is used to perform plastic parts and products coating in a sub-category that was not previously performed.(d) An affected source is reconstructed if you meet 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 465.36(1), 465.37(1) and 465.38(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 April 19, 2004, the compliance date is April 19, 2004.2. If the initial startup of your new or reconstructed affected source occurs after April 19, 2004, the compliance date is the date of initial startup of your affected source.(b) For an existing affected source, the compliance date is April 19, 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 April 19, 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 April 19, 2007, whichever is later.(d) You shall meet the notification requirements in s. NR 465.35(1) according to the dates specified in that subsection 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 465.31
CR 05-040: cr. Register February 2006 No. 602, eff. 3-1-06.