NR 440.64(6)(a)(a) The tank truck vapor tightness documentation required under
sub. (3) (e) 1. shall be kept on file at the terminal in a permanent form available for inspection.
NR 440.64(6)(b)
(b) The documentation file for each gasoline tank shall be updated at least once per year to reflect current test results as determined by Reference Method 27 in
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17. This documentation shall include, as a minimum, the following information:
NR 440.64(6)(b)1.
1. Test Title: Gasoline Delivery Tank Pressure Test - EPA Reference Method 27.
NR 440.64(6)(b)8.
8. Test Results: Actual Pressure Change in 5 minutes, mm of water (average for 2 runs).
NR 440.64(6)(c)
(c) A record of each monthly leak inspection required under
sub. (3) (j) shall be kept on file at the terminal for at least 2 years. Inspection records shall include, as a minimum, the following information:
NR 440.64(6)(c)2.
2. Findings (may indicate no leaks discovered; or location, nature, and severity of each leak).
NR 440.64(6)(c)4.
4. Corrective Action (date each leak repaired; reasons for any repair interval in excess of 15 days).
NR 440.64(6)(d)
(d) The terminal owner or operator shall keep documentation of all notifications required under
sub. (3) (e) 4. on file of the terminal for at least 2 years.
NR 440.64(6)(e)
(e) As an alternative to keeping records at the terminal of each gasoline cargo tank test result as required in
pars. (a),
(c) and
(d), an owner or operator may comply with the requirements in either
subd. 1. or
2.
NR 440.64(6)(e)1.
1. An electronic copy of each record is instantly available at the terminal and the following conditions are met:
NR 440.64(6)(e)1.a.
a. The copy of each record is an exact duplicate image of the original paper record with certifying signatures.
NR 440.64(6)(e)1.b.
b. The department is notified in writing that each terminal using this alternative is in compliance with this subdivision.
NR 440.64(6)(e)2.
2. For facilities that utilize a terminal automation system to prevent gasoline cargo tanks that do not have valid cargo tank vapor tightness documentation from loading (for example, via a card lock-out system), a copy of the documentation is made available (for example, via facsimile) for inspection by department representatives during the course of a site visit, or within a mutually agreeable time frame and the following conditions are met:
NR 440.64(6)(e)2.a.
a. The copy of each record is an exact duplicate image of the original paper record with certifying signatures.
NR 440.64(6)(e)2.b.
b. The department is notified in writing that each terminal using this alternative is in compliance with this subdivision.
NR 440.64(6)(f)
(f) The owner or operator of an affected facility shall keep records of all replacements or additions of components performed on an existing vapor processing system for at least 3 years.
NR 440.64(7)
(7) Reconstruction. For purposes of this section:
NR 440.64(7)(a)
(a) The cost of the following frequently replaced components of the affected facility may not be considered in calculating either the “fixed capital cost of the new components" or the “fixed capital costs that would be required to construct a comparable entirely new facility" under
s. NR 440.15: pump seals, loading arm gaskets and swivels, coupler gaskets, overfill sensor couplers and cables, flexible vapor hoses and grounding cables and connectors.
NR 440.64(7)(b)
(b) Under
s. NR 440.15, the “fixed capital cost of the new components" includes the fixed capital cost of all depreciable components, except components specified in
par. (a), which are or will be replaced pursuant to all continuous programs of component replacement which are commenced within any 2-year period following December 17, 1980. For purposes of this paragraph “commenced" means that an owner or operator has undertaken a continuous program of component replacement or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of component replacement.
NR 440.64 History
History: Cr.
Register, September, 1986, No. 369, eff. 10-1-86; am. (2) (intro.), (3) (i) and (7) ()a), renum. (2) (d) to NR 400.02 (43),
Register, September, 1990, No. 417, eff. 10-1-90; am. (3) (h) and (7) (b), r. and recr. (4),
Register, July, 1993, No. 451, eff. 8-1-93;
CR 06-109: cr. (2) (d) and (hm), (3) (e) 3. a. 1) and 2) and b., (4) (e) and (f) and (6) (e), am. (2) (L), (3) (e) 4., renum. (3) (e) 3. to be (3) (e) 3. a. (intro.) and am. Register May 2008 No. 629, eff. 6-1-08. NR 440.642
NR 440.642 New residential wood heaters. NR 440.642(1)(1)
Applicability and designation of affected facility. NR 440.642(1)(a)(a) The affected facility to which the provisions of this section apply is each wood heater manufactured on or after July 1, 1988, or sold at retail on or after July 1, 1990. The provisions of this section do not apply to wood heaters constructed prior to July 1, 1988, that are or have been owned by a noncommercial owner for personal use.
NR 440.642(1)(e)
(e) Affected facilities manufactured in the U.S. for export are exempt from the applicable emission limits of
sub. (3) and the requirements of
sub. (4).
NR 440.642(1)(f)
(f) A wood heater used for research and development purposes that is never offered for sale or sold is exempt from the applicable emission limits of
sub. (3) and the requirements of
sub. (4). No more than 50 wood heaters manufactured per model line may be exempted for this purpose.
NR 440.642(1)(g)
(g) A coal-only heater is exempt from the applicable emission limits of
sub. (3) and the requirements of
sub. (4).
NR 440.642(1)(h)
(h) The following are not affected facilities and are not subject to this section:
NR 440.642(1)(i)
(i) Modification or reconstruction, as defined in
ss. NR 440.14 and
440.15, does not, by itself, make a wood heater an affected facility under this section.
NR 440.642(2)
(2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in
s. NR 440.02.
NR 440.642(2)(a)
(a) “At retail" means the sale by a commercial owner of a wood heater to the ultimate purchaser.
NR 440.642(2)(b)
(b) “Boiler" means a solid burning appliance used primarily for heating spaces, other than the space where the appliance is located, by the distribution through pipes of a gas or fluid heated in the appliance. The appliance shall be tested and listed as a boiler under accepted American or Canadian safety testing codes. A manufacturer may request an exemption in writing from the administrator by stating why the testing and listing requirement is not practicable and by demonstrating that this appliance is otherwise a boiler.
NR 440.642(2)(c)
(c) “Coal-only heater" means an enclosed, coal-burning appliance capable of space heating, or domestic water heating, which has all of the following characteristics:
NR 440.642(2)(c)1.
1. An opening for emptying ash that is located near the bottom or the side of the appliance.
NR 440.642(2)(c)3.
3. A grate or other similar device for shaking or disturbing the fuel bed or power-driven mechanical stoker.
NR 440.642(2)(c)4.
4. Installation instructions that state that the use of wood in stove, except for coal ignition purposes, is prohibited by law, and
NR 440.642(2)(c)5.
5. The model is listed by a nationally recognized safety-testing laboratory for use of coal only, except for coal ignition purposes.
NR 440.642(2)(d)
(d) “Commercial owner" means any person who owns or controls a wood heater in the course of the manufacture, importation, distribution, or sale of the wood heater.
NR 440.642(2)(e)
(e) “Cookstove" means a wood-fired appliance that is designed primarily for cooking food and that has the following characteristics:
NR 440.642(2)(e)1.
1. An oven, with a volume of 0.028 cubic meters (1 cubic foot) or greater, and an oven rack,
NR 440.642(2)(e)7.
7. The absence of a fan or heat channels to dissipate heat from the appliance.
NR 440.642(2)(f)
(f) “Furnace" means a solid fuel burning appliance that is designed to be located outside of ordinary living areas and that warms spaces other than the space where the appliance is located by the distribution of air heated in the appliance through ducts. The appliance shall be tested and listed as a furnace under accepted American or Canadian safety testing codes unless exempted from this provision by the administrator. A manufacturer may request an exemption in writing from the administrator by stating why the testing and listing requirement is not practicable and by demonstrating that the appliance is otherwise a furnace.
NR 440.642(2)(g)
(g) “Manufactured" means completed and ready for shipment (whether or not packaged).
NR 440.642(2)(h)
(h) “Manufacturer" means any person who constructs or imports a wood heater.
NR 440.642(2)(i)
(i) “Model line" means all wood heaters offered for sale by a single manufacturer that are similar in all material respects.
NR 440.642(2)(j)
(j) “Representative affected facility" means an individual wood heater that is similar in all material respects to other wood heaters within the model line it represents.
NR 440.642(2)(k)
(k) “Sale" means the transfer of ownership or control, except that transfer of control may not constitute a sale for purposes of
sub. (1) (f).
NR 440.642(2)(L)
(L) “Similar in all material respects" means that the construction materials, exhaust and inlet air system and other design features are within the allowed tolerances for components identified in
sub. (4) (k).
NR 440.642(2)(m)
(m) “Wood heater" means an enclosed woodburning appliance capable of and intended for space heating or domestic water heating that meets all of the following criteria:
NR 440.642(2)(m)1.
1. An air-to-fuel ratio in the combustion chamber averaging less than 35-to-1 as determined by the test procedure prescribed in
sub. (5), performed at an accredited laboratory,
NR 440.642(2)(m)2.
2. A usable firebox volume of less than 0.57 cubic meter (20 cubic feet).
NR 440.642(2)(m)3.
3. A minimum burn rate less than 5 kg/hr (11 lb/hr) as determined by the test procedure prescribed in
sub. (5) performed at an accredited laboratory.
NR 440.642(2)(m)4.
4. A maximum weight of 800 kg (1,760 lb). In determining the weight of an appliance for these purposes, fixtures and devices that are normally sold separately, such as flue pipe, chimney, and masonry components that are not an integral part of the appliance or heat distribution ducting, may not be included.
NR 440.642(3)
(3) Standards for particulate matter. Unless exempted under
sub. (1), each affected facility:
NR 440.642(3)(b)
(b) Manufactured on or after July 1, 1990, or sold at retail on or after July 1, 1992, shall comply with the following particulate matter emission limits as determined by the test methods and procedures in
sub. (5):
NR 440.642(3)(b)1.
1. An affected facility equipped with a catalytic combustor may not discharge into the atmosphere any gases which contain particulate matter in excess of a weighted average of 4.1 g/hr (0.009 lb/hr). Particulate emissions during any test run at any burn rate that is required to be used in the weighted average may not exceed the value calculated for “C" (rounded to 2 significant figures) calculated using the following equation:
where:
BR is the burn rate in kg/hr (lb/hr)
K1 = 3.55g/kg (0.00355 lb/lb)
K2 = 4.98 g/hr (0.0011 lb/hr)
NR 440.642(3)(b)1.b.
b. At burn rates greater than 2.82 kg/hr, (6.2 lb/hr), C = 15 g/hr (0.033 lb/hr).
NR 440.642(3)(b)2.
2. An affected facility not equipped with a catalytic combustor may not discharge into the atmosphere any gases which contain particulate matter in excess of a weighted average of 7.5 g/hr (0.017 lb/hr). Particulate emissions may not exceed 15 g/hr (0.033 lb/hr) during any test run at a burn rate less than or equal to 1.5 kg/hr (3.3 lb/hr) that is required to be used in the weighted average, and particulate emissions may not exceed 18 g/hr (0.040 lb/hr) during any test burn at a burn rate greater than 1.5 kg/hr (3.3 lb/hr) that is required to be used in the weighted average.
NR 440.642(4)(a)(a) For each model line, compliance with applicable emission limits may be determined based on testing of representative affected facilities within the model line.
NR 440.642(4)(b)
(b) Any manufacturer of an affected facility may apply to the administrator for a certificate of compliance for a model line. The application shall be in writing to: Stationary Source Compliance Division (EN-341), U.S. Environmental Protection Agency, 401 M Street SW, Washington DC 20460, Attention: Wood Heater Program. The manufacturer shall submit 2 complete copies of the application and attachments. The application shall be signed by the manufacturer, or an authorized representative, and shall contain the following:
NR 440.642(4)(b)2.
2. Two color photographs of the tested unit, one showing a front view and the other, a side view.
