1) If less than an average of one gasoline tank truck per month over the preceding 26 weeks is loaded without vapor tightness documentation, the documentation cross-check shall be performed each quarter.
2) If less than an average of one gasoline tank truck per month over the preceding 52 weeks is loaded without vapor tightness documentation, the documentation cross-check shall be performed semiannually.
NR 440.64(3)(e)3.b.
b. If either the quarterly or semiannual cross-check provided in
subd. 3. a. 1) or 2) reveals that the conditions in
subd. 3. a. 1) or 2) were not maintained, the source shall return to biweekly monitoring until such time as the conditions in
subd. 3. a. 1) or 2) are again met.
NR 440.64(3)(e)4.
4. The terminal owner or operator shall notify the owner or operator of each nonvapor-tight gasoline tank truck loaded at the affected facility within one week of the documentation cross-check in
subd. 3.
NR 440.64(3)(e)5.
5. The terminal owner or operator shall take steps assuring that the nonvapor-tight gasoline tank truck will not be reloaded at the affected facility until vapor tightness documentation for that tank is obtained.
NR 440.64(3)(e)6.
6. Alternate procedures to those described in
subds. 1. to
5. for limiting gasoline tank truck loadings may be used upon application to an approval by the department.
NR 440.64(3)(f)
(f) The owner or operator shall act to assure that loadings of gasoline tank trucks at the affected facility are made only into tanks equipped with vapor collection equipment that is compatible with the terminal's vapor collection system.
NR 440.64(3)(g)
(g) The owner or operator shall act to assure that the terminal's and the tank truck's vapor collection systems are connected during each loading of a gasoline tank truck at the affected facility. Examples of actions to accomplish this include training drivers in the hookup procedures and posting visible reminder signs at the affected loading racks.
NR 440.64(3)(h)
(h) The vapor collection and liquid loading equipment shall be designed and operated to prevent gauge pressure in the delivery tank from exceeding 4,500 pascals (450 mm of water) during product loading. This level is not to be exceeded when measured by the procedures specified in
sub. (4) (d).
NR 440.64(3)(i)
(i) No pressure-vacuum vent in the bulk gasoline terminal's vapor collection system may begin to open at a system pressure less than 4,500 pascals (450 mm of water).
NR 440.64(3)(j)
(j) Each calendar month the vapor collection system, the vapor processing system and each loading rack handling gasoline shall be inspected during the loading of gasoline tank trucks for total organic compounds liquid or vapor leaks. For purposes of this paragraph detection methods incorporating sight, sound, or smell are acceptable. Each detection of a leak shall be recorded and the source of the leak repaired within 15 calendar days after it is detected.
NR 440.64(4)(a)(a) In conducting the performance tests required in
s. NR 440.08, the owner or operator shall use as reference methods and procedures the test methods in Appendix A of
40 CFR part 60, incorporated by reference in
s. NR 440.17, or other methods and procedures as specified in this subsection, except as provided in
s. NR 440.08 (2). The 3-run requirement of
s. NR 440.08 (6) does not apply to this section.
NR 440.64(4)(b)
(b) Immediately before the performance test required to determine compliance with
sub. (3) (b),
(c) and
(h), the owner or operator shall use Method 21 to monitor for leakage of vapor all potential sources in the terminal's vapor collection system equipment while a gasoline tank truck is being loaded. The owner or operator shall repair all leaks with readings of 10,000 ppm (as methane) or greater before conducting the performance test.
NR 440.64(4)(c)1.
1. The performance test shall be 6 hours long during which at least 300,000 liters of gasoline is loaded. If this is not possible, the test may be continued the same day until 300,000 liters of gasoline is loaded or the test may be resumed the next day with another complete 6-hour period. In the latter case, the 300,000-liter criterion need not be met. However, as much as possible, testing should be conducted during the 6-hour period in which the highest throughput normally occurs.
NR 440.64(4)(c)2.
2. If the vapor processing system is intermittent in operation, the performance test shall begin at a reference vapor holder level and shall end at the same reference point. The test shall include at least two startups and shutdowns of the vapor processor. If this does not occur under automatically controlled operations, the system shall be manually controlled.
where:
E is the emission rate of total organic compounds, mg/liter of gasoline loaded
Vesi is the volume of air-vapor mixture exhausted at each interval“i", scm
Cei is the concentration of total organic compounds at each interval “i", ppm
L is the total volume of gasoline loaded, liters
n is the number of testing interval
i is the emission testing interval of 5 minutes
K is the density of calibration gas, 1.83 106 for propane and 2.41 106 for butane, mg/scm
NR 440.64(4)(c)4.
4. The performance test shall be conducted in intervals of 5 minutes. For each interval “i", readings from each measurement shall be recorded, and the volume exhausted (V
esi) and the corresponding average total organic compounds concentration (C
ei) shall be determined. The sampling system response time shall be considered in determining the average total organic compounds concentration corresponding to the volume exhausted.
NR 440.64(4)(c)5.
5. The following methods shall be used to determine the volume (V
esi) air-vapor mixture exhausted at each interval:
NR 440.64(4)(c)6.
6. Method 25A or 25B shall be used for determining the total organic compounds concentration (C
ei) at each interval. The calibration gas shall be either propane or butane. The owner or operator may exclude the methane and ethane content in the exhaust vent by any method, for example, Method 18, approved by the department.
NR 440.64(4)(c)7.
7. To determine the volume (L) of gasoline dispensed during the performance test period at all loading racks whose vapor emissions are controlled by the processing system being tested, terminal records or readings from gasoline dispensing meters at each loading rack shall be used.
NR 440.64(4)(d)
(d) The owner or operator shall determine compliance with the standard in
sub. (3) (h) as follows:
NR 440.64(4)(d)1.
1. A pressure measurement device, liquid manometer, magnehelic gauge or equivalent instrument, capable of measuring up to 500 mm of water gauge pressure with
"2.5 mm of water precision, shall be calibrated and installed on the terminal's vapor collection system at a pressure tap located as close as possible to the connection with the gasoline tank truck.
NR 440.64(4)(d)2.
2. During the performance test, the pressure shall be recorded every 5 minutes while a gasoline truck is being loaded; the highest instantaneous pressure that occurs during each loading shall also be recorded. Every loading position shall be tested at least once during the performance test.
NR 440.64(4)(e)
(e) The performance test requirements of
par. (c) do not apply to flares defined in
sub. (2) and meeting the requirements in
s. NR 440.18 (2) to
(6). The owner or operator shall demonstrate that the flare and associated vapor collection system is in compliance with the requirements in
s. NR 440.18 (2) to
(6) and
pars. (a),
(b) and
(d).
NR 440.64(4)(f)
(f) The owner or operator shall use alternative test methods and procedures in accordance with the alternative test method provisions in
s. NR 440.08 (2) for flares that do not meet the requirements in
s. NR 440.18 (2).
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.
