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)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)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.
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).
2) The accumulated area of gaps between the tank wall and the secondary seal used in combination with a metallic shoe or liquid-mounted primary 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 1.27cm (0.50 in). There may be no gaps between the tank wall and the secondary seal used in combination with a vapor-mounted primary seal.
3) There may be no holes, tears or other openings in the seal or seal fabric.
4) The owner or operator is exempted from the requirements for secondary seals and the secondary seal gap criteria when performing gap measurements or inspections of the primary seal.
NR 440.28(3)(a)1.c.c. Each opening in the roof except for automatic bleeder vents and rim space vents shall provide a projection below the liquid surface. Each opening in the roof except for automatic bleeder vents, rim space vents and leg sleeves shall be equipped with a cover, seal or lid which shall be maintained in a closed position at all times (i.e., no visible gap) except when the device is in actual use or as described in subd. 1. d. Automatic bleeder vents shall be closed at all times when the roof is being floated off or is being landed on the roof leg supports. Rim vents shall be set to open when the roof is being floated off the roof legs supports or at the manufacturer’s recommended setting. NR 440.28(3)(a)1.d.d. Each emergency roof drain shall be provided with a slotted membrane fabric cover that covers at least 90% of the area of the opening. NR 440.28(3)(a)2.2. A fixed roof with an internal floating type cover equipped with a continuous closure device between the tank wall and the cover edge. The cover shall be floating at all times (i.e., off the leg supports), except during initial fill and when the tank is completely emptied and subsequently refilled. The process of emptying and refilling when the cover is resting on the leg supports shall be continuous and shall be accomplished as rapidly as possible. Each opening in the cover except for automatic bleeder vents and the rim space vents shall provide a projection below the liquid surface. Each opening in the cover except for automatic bleeder vents, rim space vents, stub drains and leg sleeves shall be equipped with a cover, seal or lid which shall be maintained in a closed position at all times (i.e., no visible gap) except when the device is in actual use. Automatic bleeder vents shall be closed at all times when the cover is floating except when the cover is being floated off or is being landed on the leg supports. Rim vents shall be set to open only when the cover is being floated off the leg supports or at the manufacturer’s recommended setting. NR 440.28(3)(a)3.3. A vapor recovery system which collects all VOC vapors and gases discharged from the storage vessel, and a vapor return or disposal system which is designed to process such VOC vapors and gases so as to reduce their emission to the atmosphere by at least 95% by weight. NR 440.28(3)(b)(b) 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 greater than 76.6 kPa (11.1 psia), shall equip the storage vessel with a vapor recovery system which collects all VOC vapors and gases discharged from the storage vessel, and a vapor return or disposal system which is designed to process such VOC vapors and gases so as to reduce their emission to the atmosphere by at least 95% by weight. NR 440.28(4)(a)(a) Except as provided in s. NR 440.08 (2), compliance with the standard prescribed in sub. (3) shall be determined as follows or in accordance with an equivalent procedure as provided in sub. (5). NR 440.28(4)(a)1.1. The owner or operator of each storage vessel to which this section applies which has an external floating roof shall meet the following requirements: NR 440.28(4)(a)1.a.a. Determine the gap areas and maximum gap widths between the primary seal and the storage vessel wall, and between the secondary seal and the storage vessel wall according to the following frequency: 1) For primary seals, gap measurements shall be performed within 60 days of the initial fill with petroleum liquid and at least once every 5 years thereafter. All primary seal inspections or gap measurements which require the removal or dislodging of the secondary seal shall be accomplished as rapidly as possible and the secondary seal shall be replaced as soon as possible.
2) For secondary seals, gap measurements shall be performed within 60 days of the initial fill with petroleum liquid and at least once every year thereafter.
3) If any storage vessel is out of service for a period of one year or more, subsequent refilling with petroleum liquid shall be considered initial fill for the purposes of subd. 1. a. 1) and 2).
4) Keep records of each gap measurement at the plant for a period of at least 2 years following the date of measurement. Each record shall identify the vessel on which the measurement was performed and shall contain the date of the seal gap measurement, the raw data obtained in the measurement process required by subd. 1. b. and the calculation required by subd. 1. c.
5) If either the seal gap calculated in accord with subd. 1. c. or the measured maximum seal gap exceeds the limitations specified by sub. (3), a report shall be furnished to the department within 60 days of the date of the measurement. The report shall identify the vessel and list each reason why the vessel did not meet the specifications of sub. (3). the report shall also describe the actions necessary to bring the storage vessel into compliance with the specifications of sub. (3).
NR 440.28(4)(a)1.b.b. Determine gap widths in the primary and secondary seals individually by the following procedures: 1) Measure seal gaps, if any, at one or more floating roof levels when the roof is floating off the roof leg supports.
2) Measure seal gaps around the entire circumference of the tank in each place where a 1/8″ diameter uniform probe passes freely (without forcing or binding against seal) between the seal and the tank wall and measure the circumferential distance of each such location.
3) The total surface area of each gap described in subd. 1. b. 2) shall be determined by using probes of various widths to accurately measure the actual distance from the tank wall to the seal and multiplying each such width by its respective circumferential distance.
NR 440.28(4)(a)1.c.c. Add the gap surface area of each gap location for the primary seal and the secondary seal individually. Divide the sum for each seal by the nominal diameter of the tank and compare each ratio to the appropriate ratio in the standard in sub. (3) (a) 1. a. and b. NR 440.28(4)(a)1.d.d. Provide the department 30 days prior notice of the gap measurement to afford it the opportunity to have an observer present. NR 440.28(4)(a)2.2. The owner or operator of each storage vessel to which this section applies which has a vapor recovery and return or disposal system shall provide the following information to the department on or before the date on which construction of the storage vessel commences: NR 440.28(4)(a)2.a.a. Emission data, if available, for a similar vapor recovery and return or disposal system used on the same type of storage vessel, which can be used to determine the efficiency of the system. A complete description of the emission measurement method used shall be included. NR 440.28(4)(a)2.b.b. The manufacturer’s design specifications and estimated emission reduction capability of the system. NR 440.28(4)(a)2.d.d. Any other information which will be useful to the department in evaluating the effectiveness of the system in reducing VOC emissions. NR 440.28(5)(a)(a) If, in the administrator’s judgment, an alternative means of emission limitation will achieve a reduction in emissions at least equivalent to the reduction in emissions achieved by any requirements in sub. (3), the administrator will publish in the federal register a notice permitting the use of the alternative means for purpose of compliance with that requirement. NR 440.28(5)(b)(b) Any notice under par. (a) will be published only after notice and an opportunity for a hearing. NR 440.28(5)(c)(c) Any person seeking permission to use an alternative means of emission limitation under this subsection shall submit to the administrator a written application including: NR 440.28(5)(c)1.1. An actual emissions test that uses a full-sized or scale-model storage vessel that accurately collects and measures all VOC emissions from a given control device and that accurately simulates wind and accounts for other emission variables such as temperature and barometric pressure. NR 440.28(5)(c)2.2. An engineering evaluation that the administrator determines is an accurate method of determining equivalence. NR 440.28(5)(d)(d) The administrator may condition the permission on requirements that may be necessary to ensure operation and maintenance to achieve the same emissions reduction as specified in sub. (3). NR 440.28(5)(e)(e) The primary vapor-mounted seal in the “Volume-Maximizing Seal” manufactured by R.F.I. Services Corporation is approved as equivalent to the vapor-mounted seal required by sub. (3) (a) 1. a. and shall meet the gap criteria specified in sub. (3) (a) 1. a. 2). There may be no gaps between the tank wall and any secondary seal used in conjunction with the primary seal in the “Volume-Maximizing Seal.” NR 440.28(6)(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 440.28(6)(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 samples. NR 440.28(6)(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 shall be determined from available data and recorded if the estimated true vapor pressure is greater than 6.9 kPa (1.0 psia). NR 440.28(6)(d)(d) The following are exempt from the requirements of this subsection: NR 440.28(6)(d)1.1. Each owner or operator of each storage vessel storing a petroleum liquid 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 440.28(6)(d)2.2. Each owner or operator of each storage vessel equipped with a vapor recovery and return or disposal system in accordance with the requirements of sub. (3) (a) 3. and (b), or a closed vent system and control device meeting the specifications of 40 CFR 65.42 (b) (4), (5) or (c), as in effect on December 14, 2000. NR 440.28 HistoryHistory: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (2) (intro.), (h), (4) (a) 1. a. intro., r. (5) (a) and (b), renum. (5) (c) to (e), cr. (4) (a) 1. a. 4) and 5), (5) (a) to (d), Register, September, 1990, No. 417, eff. 10-1-90; am. (2) (j) and (6) (b), Register, July, 1993, No. 451, eff. 8-1-93; CR 06-109: am. (1) (a), (2) (f), (h), (6) (d) 2., cr. (1) (c) Register May 2008 No. 629, eff. 6-1-08; correction in (1) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register May 2008 No. 629. NR 440.285NR 440.285 Volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction or modification commenced after July 23, 1984. NR 440.285(1)(1) Applicability and designation of affected facility. NR 440.285(1)(a)(a) Except as provided in pars. (b) to (d), the affected facility to which this section applies is each storage vessel with a capacity greater than or equal to 75 cubic meters (m3) that is used to store volatile organic liquids (VOL) for which construction, reconstruction or modification is commenced after July 23, 1984. NR 440.285(1)(b)(b) This section does not apply to storage vessels with a capacity greater than or equal to 151 m3 storing a liquid with a maximum true vapor pressure less than 3.5 kilopascals (kPa) or with a capacity greater than or equal to 75 m3 but less than 151 m3 storing a liquid with a maximum true vapor pressure less than 15.0 kPa. NR 440.285(1)(d)2.2. Pressure vessels designed to operate in excess of 204.9 kPa and without emissions to the atmosphere. NR 440.285(1)(d)3.3. Vessels permanently attached to mobile vehicles such as trucks, railcars, barges or ships. NR 440.285(1)(d)4.4. Vessels with a design capacity less than or equal to 1,589.874 m3 used for petroleum or condensate stored, processed, or treated prior to custody transfer.
