(1) APPLICABILITY.
(a) This subchapter applies to each facility
that is engaged, either in part or in whole, in the manufacture of wood
furniture or wood furniture components and that is located at a plant site that
is a major source of hazardous air pollutants.
(b) An incidental wood furniture manufacturer
shall maintain purchase or usage records demonstrating the source meets the
criteria specified in s.
NR 465.02(33), but the source is not
subject to any other provisions of this subchapter.
(c) A source that qualifies as an area source
under this paragraph is not subject to any provisions of this subchapter other
than those in this paragraph. For subds. 1. and 2., finishing materials,
adhesives, cleaning solvents and washoff solvents used for wood furniture or
wood furniture component manufacturing operations shall account for at least
90% of annual HAP emissions at the plant site, and if the plant site has HAP
emissions that do not originate from the listed materials, the owner or
operator shall keep any records necessary to demonstrate that the 90% criterion
is being met. A source that initially relies on the limits and criteria
specified in subd. 1., 2. or 3. to become an area source, but subsequently
exceeds the relevant limit, without first obtaining and complying with other
limits that keep its potential to emit hazardous air pollutants below major
source levels, becomes a major source and shall comply thereafter with all
applicable provisions of this subchapter starting on the applicable compliance
date in s.
NR 465.055.
Nothing in this paragraph is intended to preclude a source from limiting its
potential to emit through other appropriate mechanisms. A source qualifies as
an area source for the purposes of this subchapter if the criteria in one of
the following subdivisions are met:
1. The
owner or operator of the source uses no more than a total of 250 gallons per
month, for every month, of coating, adhesive, cleaning material and washoff
materials at the source, including materials used for source categories other
than wood furniture, but excluding materials used in routine janitorial or
facility grounds maintenance, personal uses by employees or other persons, the
use of products for the purpose of maintaining motor vehicles operated by the
facility, the use of toxic chemicals contained in intake water used for
processing or noncontact cooling and intake air used either as compressed air
or for combustion. The owner or operator shall maintain records for 5 years of
the total gallons of coating, adhesive, cleaning material and washoff material
used each month, and upon request submit the records to the
department.
2. The owner or
operator of the source uses no more than 3,000 gallons per rolling 12-month
period, for every 12-month period, of coating, adhesive, cleaning material and
washoff material at the source, including materials used for source categories
other than wood furniture, but excluding materials used in routine janitorial
or facility grounds maintenance, personal uses by employees or other persons,
the use of products for the purpose of maintaining motor vehicles operated by
the facility, the use of toxic chemicals contained in intake water used for
processing or noncontact cooling and intake air used either as compressed air
or for combustion. The owner or operator of the source shall maintain records
of the total gallons of coating, adhesive, cleaning material and washoff
material used each month and the total gallons used each previous month, and
upon request submit the records to the department. The owner or operator shall
keep monthly records beginning no less than one year before the compliance date
specified in s.
NR 465.055 and
maintain the records for 5 years.
3. The source emits no more than 4.5 Mg (5
tons) of any one HAP per rolling 12-month period and no more than 11.4 Mg (12.5
tons) of any combination of HAP per rolling 12-month period, and at least 90%
of the plantwide HAP emissions per rolling 12-month period are associated with
the manufacture of wood furniture or wood furniture components. The owner or
operator shall maintain records for 5 years that demonstrate that annual
emissions do not exceed these levels, including monthly usage records and
certified product data sheets for all finishing material, adhesive, cleaning
material and washoff material, and any other records necessary to document
emissions from source categories other than wood furniture. The owner or
operator shall submit the records to the department upon request.
(d) This subchapter does not apply
to research or laboratory equipment for which the primary purpose is to conduct
research and development into new processes and products, where the equipment
is operated under the close supervision of technically trained personnel and is
not engaged in the manufacture of products for commercial sale in commerce,
except in a de minimis manner.
(e)
The owner or operator of an affected source shall comply with the requirements
of ch. NR 460, according to the applicability of ch. NR 460 to the sources, as
identified in ch. NR 460 Appendix JJ.
(f) Reconstructed affected sources are
subject to the requirements for new affected sources. The costs associated with
the purchase and installation of air pollution control equipment are not
considered in determining whether the facility has been reconstructed, unless
the control equipment is part of the process. Additionally, the costs of
retrofitting and replacement of equipment that is installed specifically to
comply with this subchapter are not considered reconstruction costs.
Note: An example of when control equipment is part of a
process is where the equipment is used to recover product or raw material. An
example of costs for equipment replacement which would not be considered
reconstruction costs is the replacement of storage tanks, mix equipment and
transfer lines to accommodate conversion to waterborne coatings where the
purpose of the conversion is to comply with this subchapter.
(2) PURPOSE. This subchapter is
adopted under ss.
285.27(2) and
285.65, Stats.,
to establish emission standards for hazardous air pollutants for wood furniture
and wood furniture component manufacturing operations.
This subchapter is based on the federal regulations
contained in 40 CFR part 63 Subpart JJ, created Dec. 7, 1995, as last revised
on Dec. 28, 1998.