Chapter NR 440

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.c. c. The operation and maintenance plan for 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) (5) Alternative means of emission limitation.

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) (6) Monitoring of operations.

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 History History: 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 440.285 NR 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) (d) This section does not apply to the following:

NR 440.285(1)(d)1. 1. Vessels at coke oven by-product plants.

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.

NR 440.285(1)(d)5. 5. Vessels located at bulk gasoline plants.

NR 440.285(1)(d)6. 6. Storage vessels located at gasoline service stations.

NR 440.285(1)(d)7. 7. Vessels used to store beverage alcohol.

NR 440.285(1)(d)8. 8. Vessels subject to subpart GGGG of 40 CFR part 63.

NR 440.285(1)(e) (e)

NR 440.285(1)(e)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 requirement of subs. (3) to (7) for storage vessels that are subject to this section and meet either of the specifications in this subdivision. When choosing to comply with 40 CFR part 65, subpart C, the monitoring requirements of sub. (7) (c), (e), (f) 1. and (g) shall apply. Other provisions applying to owners or operators who choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1. The specifications are that the storage vessel has either of the following:

NR 440.285(1)(e)1.a. a. A design capacity greater than or equal to 151 m3 and containing a VOL that, as stored, has a maximum true vapor pressure equal to or greater than 5.2 kPa.

NR 440.285(1)(e)1.b. b. A design capacity greater than 75 m3 but less than 151 m3 and containing a VOL that, as stored, has a maximum true vapor pressure equal to greater than 27.6 kPa.

NR 440.285(1)(e)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 440.285(1)(e)3. 3. If an owner or operator installs an internal floating roof and, at initial startup, chooses to comply with 40 CFR part 65, subpart C, as in effect on December 14, 2000, a report shall be furnished to the department stating that the control equipment meets the specifications of 40 CFR 65.43 as in effect on December 14, 2000. This report shall be an attachment to the notification required by 40 CFR 65.5 (b) as in effect on December 14, 2000.

NR 440.285(1)(e)4. 4. If an owner or operator installs an external floating roof and, at initial startup, chooses to comply with 40 CFR part 65, subpart C, as in effect on December 14, 2000, a report shall be furnished to the department stating that the control equipment meets the specifications of 40 CFR 65.44 as in effect on December 14, 2000. This report shall be an attachment to the notification required by 40 CFR 65.5 (b) as in effect on December 14, 2000.

NR 440.285(2) (2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02.

NR 440.285(2)(a) (a) “Bulk gasoline plant” means any gasoline distribution facility that has a gasoline throughput less than or equal to 75,700 liters per day. Gasoline throughput shall be the maximum calculated design throughput as may be limited by compliance with an enforceable condition under federal requirements or federal, state, or local law, and discoverable by the department and any other person.

NR 440.285(2)(b) (b) “Condensate” means hydrocarbon liquid separated from natural gas that condenses due to changes in the temperature or pressure, or both, and remains liquid at standard conditions.

NR 440.285(2)(c) (c) “Custody transfer” means the transfer of produced petroleum or condensate, after processing or treatment in the producing operations, from storage vessels or automatic transfer facilities to pipelines or any other forms of transportation.

NR 440.285(2)(d) (d) “Fill” means the introduction of VOL into a storage vessel but not necessarily to complete capacity.

NR 440.285(2)(e) (e) “Gasoline service station” means a site where gasoline is dispensed to motor vehicle fuel tanks from stationary storage tanks.

NR 440.285(2)(f) (f) “Maximum true vapor pressure” means the equilibrium partial pressure exerted by the volatile organic compounds (as defined in 40 CFR 51.100) in the stored VOL at the temperature equal to the highest calendar-month average of the VOL storage temperature for VOLs stored above or below the ambient temperature or at the local maximum monthly average temperature as reported by the national weather service for VOLs stored at the ambient temperature, as determined in one of the following ways:

NR 440.285(2)(f)1. 1. In accordance with the method described in American Petroleum Institute Publication 2517, Evaporation Loss From External Floating Roof Tanks, incorporated by reference in s. NR 440.17 (2) (c) 1.

NR 440.285(2)(f)2. 2. As obtained from standard reference texts.

NR 440.285(2)(f)3. 3. As determined by ASTM Method D2879-97, incorporated by reference in s. NR 440.17 (2) (a) 34.

NR 440.285(2)(f)4. 4. As determined by any other method approved by the administrator.

NR 440.285(2)(g) (g) “Petroleum” means the crude oil removed from the earth and the oils derived from tar sands, shale and coal.

NR 440.285(2)(h) (h) “Petroleum liquids” means petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery.

NR 440.285(2)(hm) (hm) “Process tank” means a tank that is used within a process, including a solvent or raw material recovery process, to collect material discharged from a feedstock storage vessel or equipment within the process before the material is transferred to other equipment within the process, to a product or by-product storage vessel, or to a vessel used to store recovered solvent or raw material. In many process tanks, unit operations such as reactions and blending are conducted. Other process tanks, such as surge control vessels and bottoms receivers, however, may not involve unit operations.

NR 440.285(2)(i) (i) “Reid vapor pressure” means 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 440.285(2)(j) (j) “Storage vessel” means each tank, reservoir, or container used for the storage of volatile organic liquids but does not include any of the following:

NR 440.285(2)(j)1. 1. Frames, housing, auxiliary supports, or other components that are not directly involved in the containment of liquids or vapors.

NR 440.285(2)(j)2. 2. Subsurface caverns or porous rock reservoirs.

NR 440.285(2)(j)3. 3. Process tanks.

NR 440.285(2)(k) (k) “Volatile organic liquid” or “VOL” means any organic liquid which can emit volatile organic compounds, as defined in 40 CFR 51.100, into the atmosphere.

NR 440.285(2)(L) (L) “Waste” means any liquid resulting from industrial, commercial, mining or agricultural operations, or from community activities that is discarded or is being accumulated, stored, or physically, chemically, or biologically treated prior to being discarded or recycled.

NR 440.285(3) (3) Standard for volatile organic compounds (VOC).

NR 440.285(3)(a) (a) The owner or operator of each storage vessel with a design capacity greater than or equal to 151 m3 containing a VOL that, as stored, has a maximum true vapor pressure equal to or greater than 5.2 kPa but less than 76.6 kPa, or with a design capacity greater than or equal to 75 m3 but less than 151 m3 containing a VOL that, as stored, has a maximum true vapor pressure equal to or greater than 27.6 kPa but less than 76.6 kPa, shall equip each storage vessel with one of the following:

NR 440.285(3)(a)1. 1. A fixed roof in combination with an internal floating roof meeting the following specifications:

NR 440.285(3)(a)1.a. a. The internal floating roof shall rest or float on the liquid surface (but not necessarily in complete contact with it) inside a storage vessel that has a fixed roof. The internal floating roof shall be floating on the liquid surface at all times, except during initial fill and during those intervals when the storage vessel is completely emptied or subsequently emptied and refilled. When the roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as rapidly as possible.

NR 440.285(3)(a)1.b. b. Each internal floating roof shall be equipped with one of the following closure devices between the wall of the storage vessel and the edge of the internal floating roof:

  1) A foam- or liquid-filled seal mounted in contact with the liquid (liquid-mounted seal). A liquid-mounted seal means a foam- or liquid-filled seal mounted in contact with the liquid between the wall of the storage vessel and the floating roof continuously around the circumference of the storage vessel.

  2) Two seals mounted one above the other so that each forms a continuous closure that completely covers the space between the wall of the storage vessel and the edge of the internal floating roof. The lower seal may be vapor-mounted, but both must be continuous.

  3) A mechanical shoe seal. A mechanical shoe seal is a metal sheet held vertically against the wall of the storage vessel 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 440.285(3)(a)1.c. c. Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum break vents) and the rim space vents is to provide a projection below the liquid surface.

NR 440.285(3)(a)1.d. d. Each opening in the internal floating roof except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells and stub drains is to be equipped with a cover or lid which is to be maintained in a closed position at all times (i.e., no visible gap) except when the device is in actual use. The cover or lid shall be equipped with a gasket. Covers on each access hatch and automatic gauge float well shall be bolted except when they are in use.

NR 440.285(3)(a)1.e. e. Automatic bleeder vents shall be equipped with a gasket and are to be closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports.

NR 440.285(3)(a)1.f. f. Rim space vents shall be equipped with a gasket and are to be set to open only when the internal floating roof is not floating or at the manufacturer’s recommended setting.

NR 440.285(3)(a)1.g. g. Each penetration of the internal floating roof for the purpose of sampling shall be a sample well. The sample well shall have a slit fabric cover that covers at least 90% of the opening.

NR 440.285(3)(a)1.h. h. Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover.

NR 440.285(3)(a)1.i. i. Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover.

NR 440.285(3)(a)2. 2. An external floating roof. An external floating roof means a pontoon-type or double-deck type cover that rests on the liquid surface in a vessel with no fixed roof. Each external floating roof shall meet the following specifications:

NR 440.285(3)(a)2.a. a. Each external floating roof shall be equipped with a closure device between the wall of the storage vessel and the roof edge. The closure device is to 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.

1) The primary seal shall be either a mechanical shoe seal or a liquid-mounted seal. Except as provided in sub. (4) (b) 4., the seal shall completely cover the annular space between the edge of the floating roof and storage vessel wall.

2) The secondary seal shall completely cover the annular space between the external floating roof and the wall of the storage vessel in a continuous fashion except as allowed in sub. (4) (b) 4.

NR 440.285(3)(a)2.b. b. Except for automatic bleeder vents and rim space vents, each opening in a noncontact external floating roof shall provide a projection below the liquid surface. Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof is to be equipped with a gasketed cover, seal, or lid that is to 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 are to be closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports. Rim vents are to be set to open when the roof is being floated off the roof leg supports or at the manufacturer’s recommended setting. Automatic bleeder vents and rim space vents are to be gasketed. Each emergency roof drain is to be provided with a slotted membrane fabric cover that covers at least 90% of the area of the opening.

NR 440.285(3)(a)2.c. c. The roof shall be floating on the liquid at all times (i.e., off the roof leg supports) except during initial fill until the roof is lifted off leg supports and when the storage vessel is completely emptied and subsequently refilled. The process of filling, emptying, or refilling when the roof is resting on the leg supports shall be continuous and shall be accomplished as rapidly as possible.

NR 440.285(3)(a)3. 3. A closed vent system and control device meeting the following specifications:

NR 440.285(3)(a)3.a. a. The closed vent system shall be designed to collect all VOC vapors and gases discharged from the storage vessel and operated with no detectable emissions as indicated by an instrument reading of less than 500 ppm above background and visual inspections, as determined in s. NR 440.62 (6) (b).

NR 440.285(3)(a)3.b. b. The control device shall be designed and operated to reduce inlet VOC emissions by 95% or greater. If a flare is used as the control device, it shall meet the specifications described in the general control device requirements under s. NR 440.18.

NR 440.285(3)(a)4. 4. A system equivalent to those described in subd. 1., 2. or 3. as provided in sub. (5).

NR 440.285(3)(b) (b) The owner or operator of each storage vessel with a design capacity greater than or equal to 75 m3 which contains a VOL that, as stored, has a maximum true vapor pressure greater than or equal to 76.6 kPa shall equip each storage vessel with one of the following:

NR 440.285(3)(b)1. 1. A closed vent system and control device as specified in sub. (3) (a) 3.

NR 440.285(3)(b)2. 2. A system equivalent to that described in subd. 1. as provided in sub. (5).