Chapter NR 440

NR 440.26(8)(c)3.b. b. An explanation of the exceedance;

NR 440.26(8)(c)3.c. c. Whether the exceedance was concurrent with a startup, shutdown or malfunction of the fluid catalytic cracking unit or control system; and

NR 440.26(8)(c)3.d. d. A description of the corrective action taken, if any.

NR 440.26(8)(c)4. 4. If subject to sub. (5) (b) 1.:

NR 440.26(8)(c)4.a. a. The dates for which and brief explanations as to why fewer than 18 valid hours of data were obtained for the inlet continuous monitoring system;

NR 440.26(8)(c)4.b. b. The dates for which and brief explanations as to why fewer than 18 valid hours of data were obtained for the outlet continuous monitoring system;

NR 440.26(8)(c)4.c. c. Identification of times when hourly averages have been obtained based on manual sampling methods;

NR 440.26(8)(c)4.d. d. Identification of the times when the pollutant concentration exceeded the full span of the continuous monitoring system;

NR 440.26(8)(c)4.e. e. Description of any modifications to the continuous monitoring system that could affect the ability of the continuous monitoring system to comply with Performance Specification 2 or 3 of 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17; and

NR 440.26(8)(c)4.f. f. Results of daily drift tests and quarterly accuracy assessments as required under Appendix F, Procedure 1 of 40 CFR part 60, incorporated by reference in s. NR 440.17.

NR 440.26(8)(c)5. 5. If subject to sub. (5) (b) 2., for each day in which a Method 8 sample result required by sub. (7) (i) was not obtained, the date for which and brief explanation as to why a Method 8 sample result was not obtained, for approval by the department.

NR 440.26(8)(c)6. 6. If subject to sub. (5) (b) 3., for each 8-hour period in which a feed sulfur measurement required by sub. (7) (j) was not obtained, the date for which and brief explanation as to why a feed sulfur measurement was not obtained, for approval by the department.

NR 440.26(8)(d) (d) For any periods for which sulfur dioxide or oxides emissions data are not available, the owner or operator of the affected facility shall submit a signed statement indicating if any changes were made in operation of the emission control system during the period of data unavailability which could affect the ability of the system to meet the applicable emission limit. Operations of the control system and affected facility during periods of data unavailability shall be compared with operation of the control system and affected facility before and following the period of data unavailability.

NR 440.26(8)(e) (e) The owner or operator of an affected facility shall submit the reports required under this subsection to the department semiannually for each 6-month period. All semiannual reports shall be postmarked by the 30th day following the end of each 6-month period.

NR 440.26(8)(f) (f) The owner or operator of the affected facility shall submit a signed statement certifying the accuracy and completeness of the information contained in the report.

NR 440.26(9) (9) Performance test and compliance provisions.

NR 440.26(9)(a) (a) Section NR 440.08 (4) shall apply to the initial performance test specified under par. (c), but not to the daily performance tests required thereafter as specified in par. (d). Section NR 440.08 (6) does not apply when determining compliance with the standards specified under sub. (5) (d). Section NR 440.08 (6) does not apply when determining compliance with the standards specified under sub. (5) (b). Performance tests conducted for the purpose of determining compliance under sub. (5) (b) shall be conducted according to the applicable procedures specified under sub. (7).

NR 440.26(9)(b) (b) Owners or operators who seek to comply with sub. (5) (b) 3. shall meet that standard at all times, including periods of startup, shutdown and malfunctions.

NR 440.26(9)(c) (c) The initial performance test shall consist of the initial 7-day average calculated for compliance with sub. (5) (b) 1., 2. or 3.

NR 440.26(9)(d) (d) After conducting the initial performance test prescribed under s. NR 440.08, the owner or operator of a fluid catalytic cracking unit catalyst regenerator subject to sub. (5) (b) shall conduct a performance test for each successive 24-hour period thereafter. The daily performance tests shall be conducted according to the appropriate procedures specified under sub. (7). In the event that a sample collected under sub. (7) (i) or (j) is accidentally lost or conditions occur in which one of the samples is discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions or other circumstances beyond the owner or operators’ control, compliance may be determined using available data for the 7-day period.

NR 440.26(9)(e) (e) Each owner or operator subject to sub. (5) (b) who has demonstrated compliance with one of the provisions of sub. (5) (b) but at a later date seeks to comply with another of the provisions of sub. (5) (b) shall begin conducting daily performance tests as specified under par. (d) immediately upon electing to become subject to one of the other provisions of sub. (5) (b). The owner or operator shall furnish the department with a written notification of the change in the semiannual report required by sub. (8) (e).

NR 440.26 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (2) (intro.), (3) (a) 1., (6) (a) 2., (7) (a) 1. a. and 2., (d) (intro.) and 2., Register, September, 1990, No. 417, eff. 10-1-90; am. (1) (b), (6) (c) and (d), cr. (1) (c) to (e), (2) (c) to (f) and (q), (5) (b) to (d), (8) and (9), renum. (2) (c) to (L) to be (2) (g) to (p), r. and recr. (3) (a) (intro.), (4) to (6) (a), (e) and (7), Register, July, 1993, No. 451, eff. 8-1-93; am. (3) (a) (intro.), (4) (a), (5) (a) (intro.), December, 1995, No. 480, eff. 1-1-96; corrections in (6) and (8) made under s. 13.93 (2m) (b) 7., Register, November, 1999, No. 527; CR 06-109: am. (3) (a) 1., (5) (b) 1. and 2., (6) (a) 3. a. and c., 4. c., 5. a. and b., 6. a. and b. and 7. a., (c) and (d), (7) (b) 2., 3. a. and b. and 4., (f) 1. and 3., (g) and (i) 2. a., b. and c., 10. and 11., (j) 2., (8) (a), (c) (intro.) and 5. and 6. and (9) (e), renum. (6) (a) 8., 9. and 12. and (7) (e) to be (6) (a) 8. (intro.), 9. (intro.) and 12. (intro.) and (7) (e) 1. (intro.) and am., cr. (6) (a) 8. a. and b., 9. a. and b. and 12. a. and b., (7) (e) 1. a., b. and c. and 2. and (8) (e), r. and recr. (7) (b) 1. and (b) 3. (intro.), (c) 1. and (i) 9., r. (8) (d), renum. (8) (e) to be (8) (d) Register May 2008 No. 629, eff. 6-1-08.

NR 440.27 NR 440.27 Storage vessels for petroleum liquids for which construction, reconstruction or modification commenced after June 11, 1973, and prior to May 19, 1978.

NR 440.27(1) (1) Applicability and designation of affected facility.

NR 440.27(1)(a) (a) Except as provided in par. (b), the affected facility to which this section applies is each storage vessel for petroleum liquids which has a storage capacity of greater than 151,416 liters (40,000 gallons).

NR 440.27(1)(b) (b) This section does not apply to storage vessels for petroleum or condensate stored, processed or treated, or stored, processed and treated at a drilling and production facility prior to custody transfer.

NR 440.27(1)(c) (c) Subject to the requirements of this section is any facility under par. (a) which:

NR 440.27(1)(c)1. 1. Has a capacity greater than 151,416 liters (40,000 gallons), but not exceeding 246,052 liters (65,000 gallons), and commences construction or modification after March 8, 1974, and prior to May 19, 1978.

NR 440.27(1)(c)2. 2. Has a capacity greater than 246,052 liters (65,000 gallons) and commences construction or modification after June 11, 1973, and prior to May 19, 1978.

NR 440.27(2) (2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02.

NR 440.27(2)(a) (a) “Condensate” means hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure, or both, and remains liquid at standard conditions.

NR 440.27(2)(b) (b) “Custody transfer” means the transfer of produced petroleum or condensate, or both, after processing or treating, or both, in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.

NR 440.27(2)(c) (c) “Drilling and production facility” means all drilling and servicing equipment, wells, flow lines, separators, equipment, gathering lines, and auxiliary nontransportation-related equipment used in the production of petroleum but does not include natural gasoline plants.

NR 440.27(2)(d) (d) “Floating roof” means a storage vessel cover consisting of a double deck, pontoon single deck, internal floating cover or covered floating roof, which rests upon and is supported by the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank wall.

NR 440.27(2)(e) (e) “Hydrocarbon” means any organic compound consisting predominantly of carbon and hydrogen.

NR 440.27(2)(f) (f) “Petroleum” means the crude oil removed from the earth and the oils derived from tar sands, shale and coal.

NR 440.27(2)(g) (g) “Petroleum liquids” means petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean Nos. 2 through 6 fuel oils as specified in ASTM D396-98, gas turbine fuel oils Nos. 2-GT through 4-GT as specified in ASTM D2880-96, or diesel fuel oils Nos. 2-D and 4-D as specified in ASTM D975-98a. These 3 ASTM methods are incorporated by reference in s. NR 440.17 (2) (a) 13., 36. and 14., respectively.

NR 440.27(2)(h) (h) “Petroleum refinery” means each facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking, extracting, or reforming of unfinished petroleum derivatives.

NR 440.27(2)(i) (i) “Reid vapor pressure” is the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids, except liquified petroleum gases, as determined by ASTM D323-94, incorporated by reference in s. NR 440.17 (2) (a) 11.

NR 440.27(2)(j) (j) “Storage vessel” means any tank, reservoir or container used for the storage of petroleum liquids, but does not include:

NR 440.27(2)(j)1. 1. Pressure vessels which are designed to operate in excess of 15 pounds per square inch gauge without emissions to the atmosphere except under emergency conditions.

NR 440.27(2)(j)2. 2. Subsurface caverns or porous rock reservoirs, or

NR 440.27(2)(j)3. 3. Underground tanks if the total volume of petroleum liquids added to and taken from a tank annually does not exceed twice the volume of the tank.

NR 440.27(2)(k) (k) “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, Evaporation Loss from External Floating Roof Tanks, Second Edition, February 1980, incorporated by reference in s. NR 440.17.

NR 440.27(2)(L) (L) “Vapor recovery system” means a vapor gathering system capable of collecting all hydrocarbon vapors and gases discharged from the storage vessel and a vapor disposal system capable of processing such hydrocarbon vapors and gases so as to prevent their emission to the atmosphere.

NR 440.27(3) (3) Standard for volatile organic compounds (VOC).

NR 440.27(3)(a) (a) The owner or operator of any storage vessel to which this section applies shall store petroleum liquids as follows:

NR 440.27(3)(a)1. 1. If the true vapor pressure of the petroleum liquid, as stored, is equal to or greater than 78 mm Hg (1.5 psia) but not greater than 570 mm Hg (11.1 psia), the storage vessel shall be equipped with a floating roof, a vapor recovery system or their equivalents.

NR 440.27(3)(a)2. 2. If the true vapor pressure of the petroleum liquid as stored is greater than 570 mm Hg (11.1 psia), the storage vessel shall be equipped with a vapor recovery system or its equivalent.

NR 440.27(4) (4) Monitoring of operations.

NR 440.27(4)(a) (a) Except as provided in par. (d), the owner or operator subject to this section shall maintain a record of the petroleum liquid stored, the period of storage, and the maximum true vapor pressure of that liquid during the respective storage period.

NR 440.27(4)(b) (b) Available data on the typical Reid vapor pressure and the maximum expected storage temperature of the stored product may be used to determine the maximum true vapor pressure from nomographs contained in API Publication 2517, incorporated by reference in s. NR 440.17, unless the department specifically requests that the liquid be sampled, the actual storage temperature determined, and the Reid vapor pressure determined from one or more samples.

NR 440.27(4)(c) (c) The true vapor pressure of each type of crude oil with a Reid vapor pressure less than 13.8 kPa (2.0 psia) or whose physical properties preclude determination by the recommended method is to be determined from available data and recorded if the estimated true vapor pressure is greater than 6.9 kPa (1.0 psia).

NR 440.27(4)(d) (d) The following are exempt from the requirements of this subsection:

NR 440.27(4)(d)1. 1. Each owner or operator of each affected facility which stores petroleum liquids with a Reid vapor pressure of less than 6.9 kPa (1.0 psia) provided the maximum true vapor pressure does not exceed 6.9 kPa (1.0 psia).

NR 440.27(4)(d)2. 2. Each owner or operator of each affected facility equipped with a vapor recovery and return or disposal system in accordance with the requirements of sub. (3).

NR 440.27 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (2) (intro.) and (i), Register, September, 1990, No. 417, eff. 10-1-90; am. (2) (k) and (4) (b), Register, July, 1993, No. 451, eff. 8-1-93; CR 06-109: am. (2) (g) and (i) Register May 2008 No. 629, eff. 6-1-08.

NR 440.28 NR 440.28 Storage vessels for petroleum liquids for which construction, reconstruction or modification commenced after May 18, 1978, and prior to July 23, 1984.

NR 440.28(1) (1) Applicability and designation of affected facility.

NR 440.28(1)(a) (a) Except as provided in par. (b), the affected facility to which this section applies is each storage vessel with a storage capacity greater than 151,416 liters (40,000 gallons) that is used to store petroleum liquids for which construction is commenced after May 18, 1978.

NR 440.28(1)(b) (b) Each petroleum liquid storage vessel with a capacity of less than 1,589,873 liters (420,000 gallons) used for petroleum or condensate stored, processed, or treated prior to custody transfer is not an affected facility and, therefore, is exempt from the requirements of this section.

NR 440.28(1)(c) (c)

NR 440.28(1)(c)1. 1. Owners or operators may choose to comply with 40 CFR part 65, subpart C, as in effect on December 14, 2000, to satisfy the requirements of subs. (3) to (5) for storage vessels that are subject to this section that store petroleum liquies that, as stored, have a maximum true vapor pressure equal to or greater than 10.3 kPa (1.5 psia). Other provisions applying to owners or operators who choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1.

NR 440.28(1)(c)2. 2. Owners or operators who choose to comply with 40 CFR part 65, subpart C, as in effect on December 14, 2000, shall also comply with ss. NR 440.01, 440.02, 440.05, 440.06, 440.07 (1) (a) and (d), 440.14 and 440.15 for those storage vessels. Any section or subsection from ss. NR 440.01 to 440.19 not specified in this subdivision does not apply to owners or operators of storage vessels complying with 40 CFR part 65, subpart C, except that provisions required to be met prior to implementing 40 CFR part 65 still apply. Owners and operators who choose to comply with 40 CFR part 65, subpart C, shall comply with 40 CFR part 65, subpart A, as in effect on December 14, 2000.

NR 440.28(2) (2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02.

NR 440.28(2)(a) (a) “Condensate” means hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure, or both, and remains liquid at standard conditions.

NR 440.28(2)(b) (b) “Custody transfer” means the transfer of produced petroleum or condensate, or both, after processing or treating, or both, in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.

NR 440.28(2)(c) (c) “Liquid-mounted seal” means a foam or liquid-filled primary seal mounted in contact with the liquid between the tank wall and the floating roof continuously around the circumference of the tank.

NR 440.28(2)(d) (d) “Metallic shoe seal” includes but is not limited to a metal sheet held vertically against the tank wall by springs or weighted levers and is connected by braces to the floating roof. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.

NR 440.28(2)(e) (e) “Petroleum” means the crude oil removed from the earth and the oils derived from tar sands, shale and coal.

NR 440.28(2)(f) (f) “Petroleum liquids” means petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean Nos. 2 through 6 fuel oils as specified in ASTM D396-98, gas turbine fuel oils Nos. 2-GT through 4-GT as specified in ASTM D2880-96, or diesel fuel oils Nos. 2-D and 4-D as specified in ASTM D975-98a. These 3 ASTM methods are incorporated by reference in s. NR 440.17 (2) (a) 13., 36. and 14., respectively.

NR 440.28(2)(g) (g) “Petroleum refinery” means each facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking, extracting or reforming of unfinished petroleum derivatives.

NR 440.28(2)(h) (h) “Reid vapor pressure” is the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids, except liquified petroleum gases, as determined by ASTM D323-94, incorporated by reference in s. NR 440.17 (2) (a) 11.

NR 440.28(2)(i) (i) “Storage vessel” means each tank, reservoir or container used for the storage of petroleum liquids, but does not include:

NR 440.28(2)(i)1. 1. Pressure vessels which are designed to operate in excess of 204.9 kPa (15 psig) without emissions to the atmosphere except under emergency conditions.

NR 440.28(2)(i)2. 2. Subsurface caverns or porous rock reservoirs, or

NR 440.28(2)(i)3. 3. Underground tanks if the total volume of petroleum liquids added to and taken from the tank annually does not exceed twice the volume of the tank.

NR 440.28(2)(j) (j) “True vapor pressure” means the equilibrium partial pressure exerted by a petroleum liquid such as determined in accordance with methods described in American Petroleum Institute Publication 2517, Evaporation Loss from External Floating Roof Tanks, Second Edition, February 1980, incorporated by reference in s. NR 440.17.

NR 440.28(2)(k) (k) “Vapor-mounted seal” means a foam-filled primary seal mounted continuously around the circumference of the tank so 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 440.28(3) (3) Standard for volatile organic compounds (VOC).

NR 440.28(3)(a) (a) The owner or operator of each storage vessel to which this section applies which contains a petroleum liquid which, as stored, has a true vapor pressure equal to or greater than 10.3 kPa (1.5 psia) but not greater than 76.6 kPa (11.1 psia) shall equip the storage vessel with one of the following:

NR 440.28(3)(a)1. 1. An external floating roof, consisting of a pontoon-type or double-deck-type cover that rests on the surface of the liquid contents and is equipped with a closure device between the tank wall and the roof edge. Except as provided in subd. 1. b. 4), the closure device shall consist of 2 seals, one above the other. The lower seal is referred to as the primary seal and the upper seal is referred to as the secondary seal. The roof shall be floating on the liquid at all times (i.e., off the roof leg supports) except during initial fill and when the tank is completely emptied and subsequently refilled. The process of emptying and refilling when the roof is resting on the leg supports shall be continuous and shall be accomplished as rapidly as possible.

NR 440.28(3)(a)1.a. a. The primary seal shall be either a metallic shoe seal, a liquid-mounted seal, or a vapor-mounted seal. Each seal shall meet the following requirements:

1) The accumulated area of gaps between the tank wall and the metallic shoe seal or the liquid-mounted seal may not exceed 212 cm2 per meter of tank diameter (10.0 in2 per ft of tank diameter) and the width of any portion of any gap may not exceed 3.81 cm (1.50 in).

2) The accumulated area of gaps between the tank wall and the vapor-mounted seal may not exceed 21.1 cm2 per meter of tank diameter (1.0 in2 per ft of tank diameter) and the width of any portion of any gap may not exceed 1.27 cm (0.50 in).

3) One end of the metallic shoe shall extend into the stored liquid and the other end shall extend a minimum vertical distance of 61 cm (24 in) above the stored liquid surface.

4) There may be no holes, tears or other openings in the shoe, seal fabric or seal envelope.

NR 440.28(3)(a)1.b. b. The secondary seal shall meet the following requirements:

1) The secondary seal shall be installed above the primary seal so that it completely covers the space between the roof edge and the tank wall except as provided in subd. 1. b. 2).