Section NR 469.01 - Applicability; purpose(1) APPLICABILITY. (a) This chapter applies to each individual batch vapor, in-line vapor, in-line cold and batch cold solvent cleaning machine that uses any solvent containing methylene chloride (CAS No. 75-09-2), perchloroethylene (CAS No. 127-18-4), trichloroethylene (CAS No. 79-01-6), 1,1,1-trichloroethane (CAS No. 71-55-6), carbon tetrachloride (CAS No. 56-23-5) or chloroform (CAS No. 67-66-3), or any combination of these halogenated HAP solvents, in a total concentration greater than 5% by weight, as a cleaning or drying agent. The concentration of these solvents may be determined using Method 18 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04(16), material safety data sheets, or engineering calculations. Wipe cleaning activities, such as using a rag containing halogenated solvent or a spray cleaner containing halogenated solvent are not covered under the provisions of this chapter. Note: Wipe cleaning activities may be regulated by s. NR 423.03(7).
(b) Except as noted in Appendix T of ch. NR 460, the provisions of ch. NR 460 apply to owners or operators of any solvent cleaning machine meeting the applicability criteria of par. (a). (c) Except as provided in par. (e), the owner or operator of each solvent cleaning machine subject to this chapter that commences construction or reconstruction after November 29, 1993, shall achieve compliance with the provisions of this chapter, except for s. NR 469.085, immediately upon startup.(d) Except as provided in par. (e), the owner or operator of each solvent cleaning machine subject to this chapter that commenced construction or reconstruction on or before November 29, 1993, shall achieve compliance with the provisions of this chapter, except for s. NR 469.085, no later than December 2, 1997.(e) Each continuous web cleaning machine subject to this chapter shall be in compliance with the provisions of this chapter, except for s. NR 469.085, no later than December 2, 1999.(f) If you are an owner or operator of an area source subject to this chapter, you are exempt from the obligation to obtain a permit under ch. NR 407, provided you are not required to obtain a permit under s. NR 407.01(1) for a reason other than your status as an area source under this chapter. Notwithstanding the previous sentence, you shall continue to comply with the provisions of this chapter applicable to area sources.(g) The compliance date for the requirements in s. NR 469.085 depends on the date that construction or reconstruction of the affected facility commences. For purposes of this paragraph, "affected facility" means all solvent cleaning machines, except solvent cleaning machines used in the manufacture and maintenance of aerospace products, solvent cleaning machines used in the manufacture of narrow tubing and continuous web cleaning machines, located at a major source that are subject to the facility-wide limits in Table 8 of s. NR 469.085(2) (b), and for area sources, "affected facility" means all solvent cleaning machines, except cold batch cleaning machines, located at an area source that are subject to the facility-wide limits in Table 8 of s. NR 469.085(2) (b). The compliance dates for the requirements of s. NR 469.085 are as follows: 1. Each affected facility that was constructed or reconstructed on or before August 17, 2006, shall be in compliance with the provisions of this chapter no later than May 3, 2010.2. Each affected facility that was constructed or reconstructed on or after August 17, 2006, shall be in compliance with the provisions of this chapter on May 3, 2007 or immediately upon startup, whichever is later.(2) PURPOSE. This chapter is adopted under ss. 285.11, 285.13, 285.27(2) and 285.65, Stats., to establish emission standards for halogenated HAP solvent cleaning operations in order to protect air quality.Wis. Admin. Code Department of Natural Resources NR 469.01
Cr. Register, March, 1997, No. 495, eff. 4-1-97; CR 07-105: am. (1) (a), (c) and (d), cr. (1) (e) to (g) Register December 2008 No. 636, eff. 1-1-09.This chapter is based on the federal regulations contained in 40 CFR part 63 Subpart T, created December 2, 1994, as last revised on May 3, 2007.