NR 420.01(1)
(1)
Applicability. This chapter applies to all petroleum and gasoline air contaminant sources and to their owners and operators.
NR 420.01(2)
(2) Purpose. This chapter is adopted under ss.
285.11,
285.13 and
285.17, Stats., to categorize organic compound emissions from petroleum and gasoline sources into a separate organic compound air contaminant source category and to establish emission limitations for this category of sources in order to protect air quality.
NR 420.02
NR 420.02 Definitions. The definitions contained in
chs. NR 400 and
419 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter and
chs. NR 421 and
425:
NR 420.02(1)
(1) “Accumulator" means the reservoir of a condensing unit receiving the condensate from the condenser. This includes hot wells.
NR 420.02(5)
(5) “Average monthly storage temperature" means an arithmetic average calculated for each calendar month, or portion thereof if storage is for less than a month, from bulk petroleum liquid storage temperatures determined at least once every 7 days.
NR 420.02(6)
(6) “Bottom filling" means the filling of a tank truck or stationary storage tank through an opening that is flush with or near the tank bottom.
NR 420.02(8)
(8) “Bulk gasoline terminal" means a gasoline storage facility which receives gasoline from refineries primarily by pipeline, ship, or barge, and delivers gasoline to bulk gasoline plants or to commercial or retail accounts primarily by tank truck.
NR 420.02(9)
(9) “Component" means, for purposes of petroleum refineries, any piece of equipment at a refinery which has the potential to leak VOCs. These pieces of equipment include, but are not limited to, pumping seals, compressor seals, seal oil degassing vents, pipeline valves, flanges and other connections, pressure relief devices, process drains, and open ended pipes. Excluded from these pieces of equipment are valves which have no external controls, such as in-line check valves.
NR 420.02(10)
(10) “Condensate" means hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure and remains liquid at standard conditions.
NR 420.02(11)
(11) “Condenser" means any heat transfer device used to liquefy vapors by removing their latent heats of vaporization. Such devices include, but are not limited to, shell and tube, coil, surface, or contact condensers.
NR 420.02(13)
(13) “Crude petroleum" means a naturally occurring mixture which consists of hydrocarbons; or sulfur, nitrogen and oxygen derivatives of hydrocarbons, and which is liquid at standard conditions.
NR 420.02(14)
(14) “Custody transfer" means the transfer of produced crude petroleum or condensate, after processing or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.
NR 420.02(15)
(15) “Delivery vessel" means a tank truck or trailer or a railroad tank car equipped with a storage tank used for the transport of gasoline from sources of supply to stationary storage tanks of bulk gasoline plants or gasoline dispensing facilities.
NR 420.02(16)
(16) “Firebox" means the chamber or compartment of a boiler or furnace in which materials are burned but does not mean the combustion chamber of an incinerator.
NR 420.02(17)
(17) “Forebays" means the primary sections of a wastewater separator.
NR 420.02(18)
(18) “Fuel gas" means any gas which is generated by a petroleum refinery process unit or by a petroleum liquid transfer operation and which is combusted, or any gaseous mixture of such gas and natural gas which is combusted.
NR 420.02(20)
(20) “Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.
NR 420.02(21)
(21) “Gaseous service" means petroleum refinery equipment which processes, transfers or contains a VOC or mixture of VOCs in the gaseous phase.
NR 420.02(22)
(22) “Leaking component" means any component at a petroleum refinery which has a VOC concentration exceeding 10,000 ppm when tested in the manner approved by the department.
NR 420.02(23)
(23) “Liquid-mounted seal" means a primary floating roof seal mounted in continuous contact with the liquid in a liquid organic compound storage tank between the tank wall and the floating roof around the internal circumference of the tank.
NR 420.02(24)
(24) “Liquid service" means petroleum refinery equipment which processes, transfers or contains a VOC or mixture of VOCs in the liquid phase.
NR 420.02(24m)
(24m) “Liquid tight" means having a liquid leak rate not exceeding 0.10 gallons per hour when measured with a
±
5% accuracy.
NR 420.02(25)
(25) “Lower explosive limit" or “LEL" means the lower limit of flammability of a gas or vapor at ordinary ambient temperatures expressed as percent propane in air by volume.
NR 420.02(27)
(27) “Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale, coal and coke.
NR 420.02(29)
(29) “Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants or other products through distillation of petroleum or through redistillation, cracking, extraction or reforming of unfinished petroleum derivatives.
NR 420.02(29m)
(29m) “Process gas" means any gas generated by a petroleum refinery process unit except fuel gas and process upset gas as defined in this section.
NR 420.02(29p)
(29p) “Process upset gas" means any gas generated by a petroleum refinery process unit as a result of startup, shutdown, upset or malfunction.
NR 420.02(30)
(30) “Refinery process unit" means any segment of a petroleum refinery in which a specific processing operation is conducted.
NR 420.02(31)
(31) “Reid vapor pressure" means the absolute vapor pressure of volatile crude petroleum and volatile nonviscous petroleum liquids except liquefied petroleum gases as determined by ASTM D323-08, incorporated by reference in
s. NR 484.10 (6).
NR 420.02(32m)
(32m) “Top off" means to attempt to dispense more gasoline to a motor vehicle fuel tank after the vapor recovery dispensing nozzle has shut off.
NR 420.02(33)
(33) “True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Publication 2517,
Evaporative Loss from External Floating Roof Tanks, 3rd edition, February 1989, incorporated by reference in
s. NR 484.11.
NR 420.02(34)
(34) “Turnaround" means the procedure of shutting a refinery unit down after a run to do necessary maintenance and repair work and putting the unit back on stream.
NR 420.02(35)
(35) “Vacuum producing system" means any reciprocating, rotary, or centrifugal blower or compressor, or any jet ejector or device that takes suction from a pressure below atmospheric and discharges against atmospheric pressure.
NR 420.02(36)
(36) “Vapor balance system" means a combination of pipes or hoses which create a closed system between the vapor spaces of an unloading tank and a receiving tank such that vapors displaced from the receiving tank are transferred to the tank being unloaded.
NR 420.02(37)
(37) “Vapor collection system" means, for the purpose of liquid organic compound transfer operations, a vapor transport system which uses direct displacement by the liquid loaded to force vapors from the tank into a vapor control system or vapor holding tank.
NR 420.02(38)
(38) “Vapor-mounted seal" means any primary floating roof seal mounted so that there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.
NR 420.02(39)
(39) “Vapor recovery system" or “vapor control system" mean a system that gathers organic compound vapors released during the operation of any transfer, storage, or process equipment and processes the vapors so as to prevent their emission into the ambient air.
NR 420.02(39m)
(39m) “Vapor tight" means having the detection of less than 10,000 ppm hydrocarbon concentration, as determined by Method 21 in Appendix A of
40 CFR part 60, incorporated by reference in
s. NR 484.04 (17), at a distance of one inch from the source.
NR 420.02(40)
(40) “Wastewater (oil-water) separator" means any device or piece of equipment which utilizes the difference in density between oil and water to remove oil and associated chemicals from water. This includes any device, such as a flocculation tank, clarifier, etc., which removes petroleum derived compounds from wastewater.
NR 420.02(41)
(41) “Waxy, heavy pour crude petroleum" means a crude petroleum with a pour point of 10
°C (50
°F) or higher as determined by ASTM D97-02, incorporated by reference in
s. NR 484.10 (2).
NR 420.02 History
History: Renum. from NR 154.01,
Register, September, 1986, No. 369, eff. 10-1-86; renum. (2), (3), (4), (7) and (12) to be NR 419.02 (1), 400.02 (11m), (16e), (21m) and (26m), r. (19), am. (21), (29m) and (29p) renum. from NR 420.02 (71) and (72),
Register, February, 1990, No. 410, eff. 3-1-90; am. (31), (33) and (41),
Register, May, 1992, No. 437, eff. 6-1-92; cr. (8m), (24m), (32m), (38m) and (39m),
Register, January, 1993, No. 445, eff. 2-1-93; am. (31), (33), (39m), (41),
Register, February, 1995, No. 470, eff. 3-1-95;
am. (intro.), renum. (28) to be NR 419.02 (13),
Register, December, 1995, No. 480, eff. 1-1-96; am. (41),
Register, December, 1996, No. 492, eff. 1-1-97; am. (intro.), (31) and (41),
Register, October, 1999, No. 526, eff. 11-1-99;
CR 02-146: am (31) and (41)
Register October 2003 No. 574, eff. 11-1-03 correction in (33) and (39m) made under s. 13.93 (2m) (b) 7., Stats.,
Register October 2003, No. 574;
CR 11-005: am. (31)
Register January 2012 No. 673, eff. 2-1-12;
CR 15-077: r. (8m), (26), (32), (38m), am. (39) Register July 2016 No. 727, eff. 8-1-16. NR 420.03
NR 420.03 Storage of petroleum liquids. NR 420.03(1)
(1)
Applicability. The storage, recordkeeping and maintenance requirements of
subs. (2),
(3) and
(4) apply to all storage vessels for petroleum liquids of more than 151,412 liter (40,000 gallon) capacity on which construction or modification is commenced after July 1, 1975, with the exception of:
NR 420.03(1)(a)
(a) Storage vessels being used for number 2 through number 6 fuel oils as specified in ASTM D396-02, gas turbine fuel oils numbers 2-GT through 4-GT as specified in ASTM D2880-00, or diesel fuel oils numbers 2-D and 4-D as specified in ASTM D975-02. These ASTM standards are incorporated by reference in
s. NR 484.10 (8),
(13) and
(40).
NR 420.03(1)(b)
(b) Storage vessels for the crude petroleum or condensate stored, processed or treated at a drilling and production facility outside a metropolitan county prior to custody transfer.
NR 420.03(1)(c)
(c) Pressure vessels which are designed to operate at pressures in excess of 104 kPa (15 psig) without emissions except under emergency conditions.
NR 420.03(1)(e)
(e) Horizontal underground storage tanks used to store JP-4 jet fuel.
NR 420.03(2)
(2) Storage requirements. The owner or operator of any storage vessel to which this section applies shall store petroleum liquids as follows:
NR 420.03(2)(a)
(a) If the true vapor pressure of the petroleum liquid, as stored, is equal to or greater than 10.5 kPa (1.52 psia) but not greater than 77 kPa (11.1 psia), the storage vessel shall be equipped with a floating roof, a vapor recovery system or an equally effective alternative control method approved by the department.
NR 420.03(2)(b)
(b) If the true vapor pressure of the petroleum liquid, as stored, is greater than 77 kPa (11.1 psia), the storage vessel shall be equipped with a vapor recovery system or an equally effective alternative control method approved by the department.
NR 420.03(3)(a)(a) General records. The owner or operator of any storage vessel to which this section applies shall, for each such storage vessel, maintain a file of each type of petroleum liquid stored, the typical Reid vapor pressure of each type of petroleum liquid stored and the dates of storage. Dates on which the storage vessel is empty shall be indicated.
NR 420.03(3)(b)
(b) Vapor pressure dependent records. The owner or operator of any storage vessel to which this section applies shall, for each such storage vessel, determine and record the average monthly storage temperature and true vapor pressure of the petroleum liquid stored at that temperature if one of the following applies:
NR 420.03(3)(b)1.
1. The petroleum liquid has a true vapor pressure, as stored, greater than 3.5 kPa (0.51 psia) but less than 10.5 kPa (1.52 psia) and is stored in a vessel other than one equipped with a floating roof, a vapor recovery system or their equivalents.
NR 420.03(3)(b)2.
2. The petroleum liquid has a true vapor pressure, as stored, greater than 63 kPa (9.1 psia) and is stored in a storage vessel other than one equipped with a vapor recovery system or its equivalent.
NR 420.03(3)(c)
(c) Vapor pressure determination. The true vapor pressure shall be determined by application of the procedures in API Publication 2517, 3rd edition, incorporated by reference in
s. NR 484.11 (5), in accord with this paragraph. This procedure is dependent upon determination of the average monthly storage temperature and the Reid vapor pressure, which requires sampling of the petroleum liquids in the storage vessels. Unless the department requires in specific cases that the stored petroleum liquid be sampled, the true vapor pressure may be determined by using the average monthly storage temperature and the typical Reid vapor pressure. For those liquids for which certified specifications limiting the Reid vapor pressure exist, that Reid vapor pressure may be used. For other liquids, supporting analytical data shall be made available on request to the department when typical Reid vapor pressure is used.
NR 420.03(4)(a)(a) Applicability. In addition to the vessels identified in
sub. (1) this subsection applies to all storage vessels for petroleum liquids of more than 7,571 liter (2,000 gallon) capacity.
NR 420.03(4)(b)
(b) Requirements. No person may place, hold or store in a storage vessel any petroleum liquid which has a true vapor pressure as stored greater than 10.5 kPa (1.52 psia) unless all of the following requirements are met:
NR 420.03(4)(b)1.
1. Any tank surface exposed to the rays of the sun is painted and maintained white so as to prevent excessive temperature and vapor pressure increases.
NR 420.03(4)(b)2.
2. The seals of any floating roof are maintained so as to minimize emissions.
NR 420.03(4)(b)3.
3. All gauging and sampling devices are vapor tight except when gauging or sampling is taking place.
NR 420.03(5)(a)(a) Applicability. This subsection applies, subject to the provisions of
s. NR 425.03, to all fixed roof storage vessels with capacities greater than 151,412 liters (40,000 gallons) with the exception of those having capacities less than 1,600,000 liters (416,000 gallons) used to store crude petroleum and condensate prior to custody transfer.
NR 420.03(5)(b)
(b) Storage requirements. No owner or operator of a fixed roof storage vessel to which this subsection applies may permit the storage vessel to be used for storing any petroleum liquid which has a true vapor pressure as stored greater than 10.5 kPa (1.52 psia), unless all of the following requirements are met:
NR 420.03(5)(b)1.
1. The vessel has been retrofitted with an internal floating roof equipped with a closure seal, or seals, to close the space between the roof edge and tank wall, or with equally effective alternative controls approved by the department.
NR 420.03(5)(b)3.
3. The vessel is maintained such that there are no visible holes, tears, or other openings in the seal or any seal fabric or materials.
NR 420.03(5)(b)4.
4. All openings, except stub drains, are equipped with covers, lids, or seals such that:
NR 420.03(5)(b)4.a.
a. The cover, lid or seal is in the closed position at all times except when in actual use.
NR 420.03(5)(b)4.b.
b. Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports.
NR 420.03(5)(b)4.c.
c. Rim vents, if provided, are set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.
NR 420.03(5)(b)5.
5. Routine inspections are conducted through roof hatches at monthly intervals during the ozone season. These routine inspections shall include, at a minimum, a visual examination to determine that the roof is resting on the liquid surface, no liquid has accumulated on the roof, no seal is detached and that there are no tears or holes in the seal material.
NR 420.03(5)(b)6.
6. The vessel is repaired or removed from service as expeditiously as practicable, but no later than 45 days after any routine inspection in which any of the defects described in
subd. 5. are found, unless an extension is granted by the department. If a defect identified in
subd. 5. cannot be repaired or the vessel removed from service within 45 days, a one time 30 day extension may be requested by the owner or operator. The department may grant such a request if the owner or operator demonstrates that alternative storage capacity is not available or that repair or removal of the tank from service is infeasible for reasons beyond the control of the owner or operator.
NR 420.03(5)(b)7.
7. A complete inspection of cover and seal is conducted periodically as required by
par. (c)
NR 420.03(5)(b)8.
8. Records are maintained and retained for a minimum of 5 years, unless otherwise noted, that shall include both of the following:
NR 420.03(5)(b)8.a.
a. The results of inspections conducted under
subds. 5. and
7., including LEL readings, if applicable. All LEL readings and inspection report records shall be maintained for a minimum of 10 years if the facility elects to comply with
par. (c) through use of
par. (c) 2.
NR 420.03(5)(c)
(c)
Complete inspection requirements. All fixed roof storage vessels at a facility to which this subsection applies are required to periodically undergo a complete inspection of cover and seal, and all shall use either
subd. 1. or
2. to demonstrate compliance. No facility may use different compliance methods for different fixed roof storage vessels to comply with this paragraph. The complete inspection shall be conducted according to one of the following schedules:
NR 420.03(5)(c)1.
1. Whenever a fixed roof storage vessel is emptied and degassed or at least every 5 years, whichever is more frequent.
NR 420.03(5)(c)2.
2. Whenever a fixed roof storage vessel is emptied and degassed or at least every 10 years, whichever is more frequent, if all of the following requirements are met:
NR 420.03(5)(c)2.a.
a. The routine monthly inspections during the ozone season, in addition to meeting the requirements of
par. (b) 5., include the measurement with an explosimeter of the organic vapor space above the internal floating roof to demonstrate that the organic vapor concentration does not exceed 50% of the lower explosive limit (LEL) for the stored petroleum liquid.
NR 420.03(5)(c)2.b.
b. The fixed roof storage vessel is repaired or removed from service as expeditiously as practicable, but no later than 45 days after the completion of the routine inspection, if any of the defects described in
par. (b) 5. are found or if the measurement required under
subd. 2. a. exceeds 50% of the LEL.
NR 420.03(5)(c)2.c.
c. Repair steps meeting the requirements of
subd. 2. b. may include tests, maintenance or inspections followed by LEL measurements below 50% within 45 days of the initial LEL reading exceeding 50% that confirm further repair or removal of the tank from service is not warranted.
NR 420.03(5)(d)
(d)
Notification and change of compliance method requirements. All existing facilities which have one or more storage vessels subject to
par. (c) shall notify the department in writing, by January 3, 2000, as to whether the facility will comply with this section under the provisions of
par. (c) 1. or
2. After January 3, 2000, a facility owner or operator may only change the compliance option from
par. (c) 1. to
par. (c) 2. after completing a complete inspection of every affected fixed roof storage vessel at the facility. For any newly constructed facility, the owner or operator shall notify the department prior to commencing operation as to which compliance option will be used. A facility owner or operator may at any time elect to change the compliance option from
par. (c) 2. to
par. (c) 1. provided the following conditions are met:
NR 420.03(5)(d)1.
1. The facility owner or operator notified the department, in writing, at least 30 days prior to the date on which the facility owner or operator plans to begin meeting the requirements of
par. (c) 1.
