Section 422.03. Exemptions.

  Sections NR 422.04 to 422.155 apply to any facility which contains one or more of the surface coating or printing process lines described in ss. NR 422.05 to 422.155 , except as specified in this section. If VOC emissions exceed an exemption level given in this section, the exemption will no longer apply to the source. Exempt facilities are subject to the recordkeeping requirements of s. NR 439.04 (4) . Exemptions include:

(1)  Any surface coating process line which meets the specific applicability requirements of s. NR 422.07 , 422.10 , 422.11 , 422.12 , or 422.13 , within a facility when actual emissions of VOCs from all surface coating process lines meeting the same applicability requirements within the facility are never greater than 6.8 kilograms (15 pounds) in any one day with all emission control equipment inoperative.

(3)  Surface coating facilities as described under s. NR 422.07 , 422.10 , 422.11 , 422.12 , or 422.13 which are located outside the counties of Brown, Calumet, Dane, Dodge, Door, Fond du Lac, Jefferson, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, Walworth, Washington, Waukesha, and Winnebago and which have total emissions of VOCs from the facility, with all emission control equipment inoperative, of less than 100 tons per year.

(5)  Surface coating process sources used exclusively for chemical or physical analysis or determination of product quality and commercial acceptance where all of the following conditions are met:

(a) The operation of the source is not an integral part of the production process.

(b) The emissions from the source do not exceed 363 kilograms (800 pounds) in any calendar month.

(c) The exemption is approved in writing by the department.

(7)  Coatings and inks which are subject to an emission limitation under this chapter, but which do not comply with the applicable emission limitation, if the aggregate use of these noncompliant coatings and inks at the facility does not exceed 55 gallons during any 12 consecutive months.

Renum. from NR 154.13 (4) (a) and am. Register, September, 1986, No. 369 , eff. 10-1-86; am. (3) and cr. (6), Register, January, 1987, No. 373 , eff. 2-1-87; am. (intro.), (2) and (3), Register, August, 1989, No. 404 , eff. 9-1-89; am. (intro.), (1) to (4) and (6) (b), Register, February, 1990, No. 410 , eff. 3-1-90; am. (intro.) and (2), Register, May, 1992, No. 437 , eff. 6-1-92; am. (1) to (4), (6) (a) and (b), Register, December, 1993, No. 456 , eff. 1-1-94; cr. (4m), Register, June, 1994, No. 462 , eff. 7-1-94; am. (intro.), cr. (8) and (9), Register, August, 1994, No. 464 , eff. 9-1-94; am. (1), (3), Register, August, 1995, No. 476 , eff. 9-1-95 ; am. (intro.), (2), (3), (4), (4m) (b) and (c), cr. (7), Register, December, 1995, No. 480 , eff. 1-1-96; r. and recr. (7), Register, October, 1999, No. 526 , eff. 11-1-99; CR 11-005 : am. (1), (3), r. (2), (4), (4m), (6), (8), (9) Register January 2012 No. 673 , eff. 2-1-12.