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.
NR 420.03(5)(d)2.
2. All tanks at the facility were found to be in compliance with the 50% LEL requirement of
par. (c) 2. during their last LEL measurement.
NR 420.03(6)(a)(a) Applicability. This subsection applies, subject to the provisions of
s. NR 425.03 (4) or
(5), to all storage vessels equipped with external floating roofs having capacities greater than 151,412 liters (40,000 gallons) with the exception of:
NR 420.03(6)(a)1.
1. Storage vessels having capacities less than 1,500,000 liters (396,270 gallons) used to store crude petroleum and condensate prior to custody transfer.
NR 420.03(6)(a)3.
3. Storage vessels used solely for petroleum liquids with a true vapor pressure of less than 10.5 kPa (1.52 psia).
NR 420.03(6)(a)4.
4. Storage vessels used solely for petroleum liquids with a true vapor pressure of less than 27.6 kPa (4.0 psia), and which are of welded construction, and presently possess a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted liquid filled type seal, or equally effective alternative control, approved by the department.
NR 420.03(6)(a)5.
5. Storage vessels of welded construction, equipped with metallic-type shoe primary seal which has a secondary seal from the top of the shoe seal to the tank wall.
NR 420.03(6)(b)
(b) Storage requirements. No owner or operator of a storage vessel equipped with an external floating roof to which this subsection applies may permit such storage vessel to be used for storing any petroleum liquid unless all of the following requirements are met:
NR 420.03(6)(b)1.
1. The vessel has been fitted with a continuous secondary seal extending from the floating roof to the tank wall, or the vessel has been fitted with an equally effective alternative control, approved by the department.
NR 420.03(6)(b)2.
2. The vessel is maintained such that all seal closure devices meet the following requirements:
NR 420.03(6)(b)2.a.
a. There are no visible holes, tears, or other openings in the seal or any seal fabric or material.
NR 420.03(6)(b)2.b.
b. The seal or seals are intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall.
NR 420.03(6)(b)2.c.
c. For vapor-mounted seals, the accumulated area of gaps exceeding 0.32 cm (1/8 in) in width between the secondary seal and tank wall may not exceed 21.2 cm
2 per meter (1.00 in
2 per foot) of tank diameter.
NR 420.03(6)(b)3.
3. All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, are:
NR 420.03(6)(b)3.a.
a. Equipped with covers, seals, or lids kept in the closed position except when in actual use.
NR 420.03(6)(b)3.b.
b. Equipped with projections into the tank which remain below the liquid surface at all times.
NR 420.03(6)(b)4.
4. 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(6)(b)5.
5. Rim vents are set to open only when the roof is being floated off the leg supports or at the manufacturer's recommended setting.
NR 420.03(6)(b)6.
6. Emergency roof drains are provided with slotted membrane fabric covers or equivalent covers which cover at least 90% of the area of the opening.
NR 420.03(6)(b)7.
7. Routine visual inspections are conducted of all seals and seal closure devices at monthly intervals during the ozone season.
NR 420.03(6)(b)8.
8. The secondary seal gap of vapor-mounted seals is measured annually, in a manner approved by the department.
NR 420.03(6)(b)9.
9. The vessel is repaired or removed from service as expeditiously as practicable, but no later than 45 days after the completion of the routine inspection under
subd. 7. or the annual inspection under
subd. 8., if the inspection reveals a failure to meet any of the requirements of
subd. 2.
NR 420.03(6)(b)10.
10. Records are maintained and retained for a minimum of 5 years that shall include:
NR 420.03(7)
(7) External floating roof vessels with no secondary seal requirement. NR 420.03(7)(a)(a) Applicability. This subsection applies to all storage vessels with capacities greater than 151,412 liters (40,000 gallons) equipped with external floating roofs operating without secondary seals or their approved equivalent pursuant to
sub. (6) (a) 1. to
4.
NR 420.03(7)(b)
(b) Recordkeeping. The owner or operator of a petroleum liquid storage vessel with an external floating roof not covered under
sub. (6) but containing a petroleum liquid with a true vapor pressure greater than 7.0 kPa (1.0 psia), shall maintain and retain for at least 2 years records of the average monthly storage temperature, the type of liquid, throughput quantities and the maximum true vapor pressure for all petroleum liquids with a true vapor pressure greater than 7.0 kPa (1.0 psia).
NR 420.03(8)
(8) Alternative control. Any alternative control method approved by the department under
sub. (2),
(5) (b) 1. or
(6) (b) 1. shall be submitted to, and will not become effective for federal purposes until approved by, the administrator or designee as a source-specific revision to the department's state implementation plan for ozone.
NR 420.03 History
History: Renum. from NR 154.13 (2) (a) and am.
Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (intro.), (4) (b) (intro.) (5) (a), (b) (intro.) and 7. b., (6) (a) (intro.), (b) (intro.) and 2. c. and (7) (a),
Register, February, 1990, No. 410, eff. 3-1-90; am. (1) (a) and (3) (c),
Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (e), (2) (a) and (b), (5) (b) 6., cr. (8),
Register, December, 1993, No. 456, eff. 1-1-94; am. (1) (a), (3) (c),
Register, February, 1995, No. 470, eff. 3-1-95
; am. (1) (b),
Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (a), (3) (b) (intro.), (4) (b) (intro.) and (5) (b) (intro.), 1., 7. intro., (6) (b) (intro.), (8), r. (5) (b) 2.,
Register, December, 1996, No. 492, eff. 1-1-97; am. (1) (a) and (5) (b) 5., renum. (5) (b) 6., 7. and (6) (b) 9. to be (5) (b) 7., 8. and (6) (b) 10. and am. (5) (b) 7., 8. (intro.), a. and (6) (b) 10. (intro.), cr. (5) (b) 6., (c), (d) and (6) (b) 9.,
Register, October, 1999, No. 526, eff. 11-1-99; correction in (2) (a) and (8) made under s. 13.93 (2m) (b) 7., Stats.,
Register, October, 1999, No. 526.;
CR 02-146: am (1) (a)
Register October 2003 No. 574, eff. 11-1-033; correction in (3) (c) made under s. 13.93 (2m) (b) 7., Stats.,
Register October 2003, No. 574; correction in (5) (c) 2. b. made under s. 13.92 (4) (b) 7., Stats.,
Register May 2011 No. 665;
CR 15-077: am. (4) (b) 3. Register July 2016 No. 727, eff. 8-1-16.
NR 420.035
NR 420.035 Gasoline storage tank vent pipes. NR 420.035(1)(a)(a) Applicability. Except as provided in
par. (b), this section applies to all stationary gasoline storage tanks at a gasoline dispensing facility with a total stationary storage tank capacity of 2000 gallons or more located in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha county.
NR 420.035(1)(b)
(b) Non-highway fuel use exemption. This section does not apply to any gasoline dispensing equipment that is used exclusively for fueling marine vessels, aircraft or snowmobiles.
NR 420.035(2)(a)(a) No owner or operator of a gasoline dispensing facility described in
sub. (1) (a) may permit gasoline to be transferred from either a gasoline delivery vessel to a stationary storage tank, or from a stationary storage tank to a motor vehicle fuel tank, unless the owner or operator has installed a pressure vacuum valve on the stationary gasoline storage tank vent pipe.
NR 420.035(2)(b)
(b) The owner or operator of a gasoline dispensing facility subject to
par. (a) shall ensure that each pressure vacuum valve installed on a storage tank vent pipe is certified by the California air resources board under section 41954 of the California health and safety code, and is maintained in good working order.
NR 420.035(3)(a)(a) The owner or operator of a gasoline dispensing facility subject to
sub. (2) on August 1, 1994 shall install a pressure vacuum valve on each stationary gasoline storage tank vent pipe by March 31, 1995.
NR 420.035(3)(b)
(b) The owner or operator of an existing gasoline dispensing facility previously exempt from the vapor control requirements of
sub. (2) because its gasoline storage tank capacity was less than 2000 gallons shall install a pressure vacuum valve on each stationary gasoline storage tank vent pipe not later than 120 days after the exemption level is exceeded, making
sub. (2) applicable.
NR 420.035(3)(c)
(c) The owner or operator of a gasoline dispensing facility on which construction was commenced after August 1, 1994 and which is subject to the vapor control requirements of
sub. (2) shall install a pressure vacuum valve on each stationary gasoline storage tank vent pipe before the tank is first filled with gasoline.
NR 420.035 History
History: Cr.
Register, July, 1994, No. 463, eff. 8-1-94; am. (2) (b),
Register, December, 1995, No. 480, eff. 1-1-96.
NR 420.04
NR 420.04 Transfer operations and associated equipment. NR 420.04(1)(a)(a) Applicability. This subsection applies, subject to the provisions of
s. NR 425.03, to all bulk gasoline terminals and the associated equipment necessary to load tank truck or trailer compartments.
NR 420.04(1)(b)
(b) Vapor control system. No person may load gasoline into any tank trucks or trailers from any bulk gasoline terminal unless all of the following requirements are met:
NR 420.04(1)(b)1.
1. The bulk gasoline terminal is equipped with a vapor control system which is properly installed, in good working order, in operation and consisting of one of the following:
NR 420.04(1)(b)1.b.
b. A vapor collection system which directs all vapors to a fuel gas system.
NR 420.04(1)(b)2.
2. All displaced vapors and gases are vented only to the vapor control system.
NR 420.04(1)(b)3.
3. A means is provided to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected.
NR 420.04(1)(b)4.
4. All loading and vapor lines are equipped with fittings which make vapor tight connections and which close automatically when disconnected.
NR 420.04(1)(c)
(c) Emission limitation. The vapor control system required under
par. (b) 1. may not allow mass emissions of VOCs from control equipment to exceed 80 milligrams per liter (4.7 grains per gallon) of gasoline loaded.
NR 420.04(1)(d)
(d) Operating requirements. The vapor collection system and the gasoline loading equipment shall be designed and operated in a manner that prevents:
NR 420.04(1)(d)1.
1. Gauge pressure from exceeding 4.5 kPa (18 inches of H
2O) and vacuum from exceeding 1.5 kPa (6 inches of H
2O) in the gasoline tank truck.
NR 420.04(1)(d)2.
2. A reading equal to or greater than 100% of the LEL at 2.5 centimeters from all points on the perimeter of a potential leak source.
NR 420.04(1)(d)3.
3. Avoidable visible liquid leaks during loading or unloading operations.
NR 420.04(1)(e)
(e) Repair deadline. Provisions shall be made to repair and retest a vapor collection or control system that exceeds the limits of
par. (d) 2. within 15 days.
NR 420.04(1)(f)
(f) Precautions. Sources to which this subsection applies may not do either of the following:
NR 420.04(1)(f)2.
2. Allow the pressure in the vapor collection system to exceed the tank truck or trailer pressure relief settings.
NR 420.04(1)(g)
(g) Truck sticker. No person may load gasoline into any tank truck or trailer from any bulk gasoline terminal unless the tank truck displays a current sticker demonstrating that the truck is in compliance with
sub. (4).
NR 420.04(2)(a)(a) Applicability. Subject to the provisions of
s. NR 425.03, this subsection applies to the unloading, loading, and storage facilities of all bulk gasoline plants which have an average daily throughput of 15,000 liters (4,000 gallons) of gasoline or more on a 30-day rolling average; and to all delivery vessels involved in such loading or unloading operations, except as provided in
subds. 1. and
2. Any plant that becomes or is subject to this subsection shall remain subject to this subsection even if its throughput later falls below the applicability thresholds. The requirements of
pars. (b) to
(g) do not apply to the following:
NR 420.04(2)(a)1.
1. The loading or unloading of stationary storage tanks with a capacity of 2,176 liters (575 gallons) or less, notwithstanding
s. NR 439.10.
NR 420.04(2)(a)2.
2. Bulk plant unloading facilities, the delivery vessels receiving gasoline from bulk plants, and the operation of transferring gasoline from bulk plant to delivery vessel when the transfer takes place 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 or when the gasoline is delivered exclusively to facilities exempted from the requirements of
sub. (3) by
sub. (3) (a) 1.,
2.,
3.,
4.,
5. or
6. However, the requirements of
pars. (b) to
(g) do apply if gasoline is transferred during the ozone season to a delivery vessel whose last previous delivery was to a gasoline dispensing facility, either inside or outside this state, which is required to have a vapor balance system.
NR 420.04(2)(b)
(b) Equipment requirements for bulk plants. No owner or operator of a bulk gasoline plant may permit stationary storage tanks to load or unload gasoline unless each tank is equipped with a vapor balance system as described under
par. (e) and approved by the department, and with one of the following:
NR 420.04(2)(b)2.
2. A fill line whose discharge opening is flush with or near the bottom of the tank.
NR 420.04(2)(c)
(c) Equipment requirements for delivery vessels. No owner or operator of a bulk gasoline plant or delivery vessel may permit the gasoline transfer operations regulated under this subsection unless each delivery vessel involved in such operations is equipped with a vapor balance system as described under
par. (e) and approved by the department and the following conditions are met:
NR 420.04(2)(c)1.
1. Equipment is available at the bulk gasoline plant to provide for the submerged filling of each delivery vessel or each delivery vessel is equipped for bottom filling.
NR 420.04(2)(c)3.
3. After October 1, 1981, the tank truck displays a current sticker demonstrating that the truck is in compliance with
sub. (4).
NR 420.04(2)(d)
(d) Transfer requirements. No owner or operator of a bulk gasoline plant or delivery vessel may permit the transfer of gasoline unless all of the following requirements are met:
NR 420.04(2)(d)2.
2. The vapor balance system is in good working order and is connected and operating.
NR 420.04(2)(d)3.
3. Delivery vessel hatches are closed at all times during transfer operations.
