Chapter NR 440

NR 440.285(4)(a)4. 4. Visually inspect the internal floating roof, the primary seal, the secondary seal (if one is in service), gaskets, slotted membranes (if any), and sleeve seals (if any) each time the storage vessel is emptied and degassed. If the internal floating roof has defects, the primary seal has holes, tears or other openings in the seal or the seal fabric, the secondary seal has holes, tears or other openings in the seal or the seal fabric, the gaskets no longer close off the liquid surfaces from the atmosphere, or the slotted membrane has more than 10% open area, the owner or operator shall repair the items as necessary so that none of the conditions specified in this paragraph exist before refilling the storage vessel with VOL. In no event may inspections conducted in accordance with this provision occur at intervals greater than 10 years in the case of vessels undergoing annual visual inspections as specified in subds. 2. and 3. b. nor at intervals greater than 5 years in the case of vessels specified in subd. 3. a.

NR 440.285(4)(a)5. 5. Notify the department in writing at least 30 days prior to the filling or refilling of each storage vessel for which an inspection is required by subds. 1. and 4. to afford the department the opportunity to have an observer present. If the inspection required by subd. 4. is not planned and the owner or operator could not have known about the inspection 30 days in advance of refilling the storage vessel, the owner or operator shall notify the department at least 7 days prior to the refilling of the storage vessel. Notification shall be made by telephone immediately followed by written documentation demonstrating why the inspection was unplanned. Alternatively, this notification including the written documentation may be made in writing and sent by express mail so that it is received by the department at least 7 days prior to the refilling.

NR 440.285(4)(b) (b) After installing the control equipment required to meet sub. (3) (a) 2. (external floating roof), the owner or operator shall:

NR 440.285(4)(b)1. 1. Determine the gap areas and maximum gap widths, between the primary seal and the wall of the storage vessel and between the secondary seal and the wall of the storage vessel according to the following frequency.

NR 440.285(4)(b)1.a. a. Measurements of gaps between the storage vessel wall and the primary seal (seal gaps) shall be performed during the hydrostatic testing of the vessel or within 60 days of the initial fill with VOL and at least once every 5 years thereafter.

NR 440.285(4)(b)1.b. b. Measurements of gaps between the storage vessel wall and the secondary seal shall be performed within 60 days of the initial fill with VOL and at least once per year thereafter.

NR 440.285(4)(b)1.c. c. If any source ceases to store VOL for a period of one year or more, subsequent introduction of VOL into the vessel shall be considered an initial fill for the purposes of subd. 1. a. and b.

NR 440.285(4)(b)2. 2. Determine gap widths and areas in the primary and secondary seals individually by the following procedures:

NR 440.285(4)(b)2.a. a. Measure seal gaps, if any, at one or more floating roof levels when the roof is floating off the roof leg supports.

NR 440.285(4)(b)2.b. b. Measure seal gaps around the entire circumference of the storage vessel in each place where a 0.32-cm diameter uniform probe passes freely (without forcing or binding against the seal) between the seal and the wall of the storage vessel and measure the circumferential distance of each such location.

NR 440.285(4)(b)2.c. c. The total surface area of each gap described in subd. 2. b. shall be determined by using probes of various widths to measure accurately the actual distance from the storage vessel wall to the seal and multiplying each such width by its respective circumferential distance.

NR 440.285(4)(b)3. 3. Add the gap surface area of each gap location for the primary seal and the secondary seal individually and divide the sum for each seal by the nominal diameter of the storage vessel and compare each ratio to the respective standards in subd. 4.

NR 440.285(4)(b)4. 4. Make necessary repairs or empty the storage vessel within 45 days of identification in any inspection for seals not meeting the requirements listed in subd. 4. a.

NR 440.285(4)(b)4.a. a. The accumulated area of gaps between the storage vessel wall and the mechanical shoe or liquid-mounted primary seal may not exceed 212 cm2 per meter of storage vessel diameter, and the width of any portion of any gap may not exceed 3.81 cm.

1) One end of the mechanical shoe is to extend into the stored liquid, and the other end is to extend a minimum vertical distance of 61 cm above the stored liquid surface.

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

NR 440.285(4)(b)4.b. b. The secondary seal is to meet the following requirements:

1) The secondary seal is to be installed above the primary seal so that it completely covers the space between the roof edge and the storage vessel wall except as provided in subd. 2. c.

2) The accumulated area of gaps between the storage vessel wall and the secondary seal may not exceed 21.2 cm2 per meter of storage vessel diameter, and the width of any portion of any gap may not exceed 1.27 cm.

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

NR 440.285(4)(b)4.c. c. If a failure that is detected during inspections required in subd. 1 cannot be repaired within 45 days, a 30-day extension may be requested from the department in the inspection report required in sub. (6) (b) 4. An extension request shall include a demonstration of unavailability of alternate storage capacity and a specification of a schedule that will assure that the control equipment will be repaired or the vessel will be emptied as soon as possible.

NR 440.285(4)(b)5. 5. Notify the department 30 days in advance of any gap measurements required by subd. 1. to afford the department opportunity to have an observer present.

NR 440.285(4)(b)6. 6. Visually inspect the external floating roof, the primary seal, secondary seal, and fittings each time the vessel is emptied and degassed.

NR 440.285(4)(b)6.a. a. If the external floating roof has defects, or the primary seal has holes, tears, or other openings in the seal or the seal fabric, the owner or operator shall repair the items as necessary so that none of the conditions specified in this paragraph exist before filling or refilling the storage vessel with VOL.

NR 440.285(4)(b)6.b. b. For all the inspections required by this subdivision, the owner or operator shall notify the department in writing at least 30 days prior to the filling or refilling of each storage vessel to afford the department the opportunity to inspect the storage vessel prior to refilling. If the inspection required by this subdivision is not planned and the owner or operator could not have known about the inspection 30 days in advance of refilling the storage vessel, the owner or operator shall notify the department at least 7 days prior to the refilling of the storage vessel. Notification shall be made by telephone immediately followed by written documentation demonstrating why the inspection was unplanned. Alternatively, this notification including the written documentation may be made in writing and sent by express mail so that it is received by the department at least 7 days prior to the refilling.

NR 440.285(4)(c) (c) The owner or operator of each source that is equipped with a closed vent system and control device as required in sub. (3) (a) 3. or (b) 2. (other than a flare) is exempt from s. NR 440.08 and shall meet the following requirements:

NR 440.285(4)(c)1. 1. Submit for approval by the administrator as an attachment to the notification required by s. NR 440.07 (1) (a), or if the facility is exempt from s. NR 440.07 (1) (a), an operating plan containing the following information:

NR 440.285(4)(c)1.a. a. Documentation demonstrating that the control device will achieve the required control efficiency during maximum loading conditions. This documentation shall include a description of the gas stream which enters the control device, including flow and VOC content under varying liquid level conditions (dynamic and static) and manufacturer’s design specifications for the control device. If the control device or the closed vent capture system receives vapors, gases, or liquids other than fuels from sources that are not designated sources under this section, the efficiency demonstration shall include consideration of all vapors, gases, and liquids received by the closed vent capture system and control devices. If an enclosed combustion device with a minimum residence time of 0.75 seconds and a minimum temperature of 816°C is used to meet the 95% requirement, documentation that those conditions will exist is sufficient to meet the requirements of this paragraph.

NR 440.285(4)(c)1.b. b. A description of the parameter or parameters to be monitored to ensure that the control device will be operated in conformance with its design and an explanation of the criteria used for selection of that parameter (or parameters).

NR 440.285(4)(c)2. 2. Operate the closed vent system and control device and monitor the parameters of the closed vent system and control device in accordance with the operating plan submitted to the department in accordance with subd. 1., unless the plan was modified by the department during the review process. In this case, the modified plan applies.

NR 440.285(4)(d) (d) The owner or operator of each source that is equipped with a closed vent system and a flare to meet the requirements in sub. (3) (a) 3. or (b) 2. shall meet the requirements as specified in the general control device requirements under s. NR 440.18 (5) and (6).

NR 440.285(5) (5) Alternative means of emission limitations.

NR 440.285(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 requirement in sub. (3), the administrator will publish in the federal register a notice permitting the use of the alternative means for purposes of compliance with that requirement.

NR 440.285(5)(b) (b) Any notice under par. (a) will be published only after notice and an opportunity for a public hearing.

NR 440.285(5)(c) (c) Any person seeking permission under this section shall submit to the administrator a written application including:

NR 440.285(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 440.285(5)(c)2. 2. An engineering evaluation that the administrator determines is an accurate method of determining equivalence.

NR 440.285(5)(d) (d) The administrator may condition the permission on requirements that may be necessary to ensure operation and maintenance to achieve the same emission reduction as specified in sub. (3).

NR 440.285(6) (6) Reporting and recordkeeping requirements. The owner or operator of each storage vessel as specified in sub. (3) (a) shall keep records and furnish reports as required by par. (a), (b), or (c) depending upon the control equipment installed to meet the requirements of sub. (3). The owner or operator shall keep copies of all reports and records required by this section, except for the record required by par. (c) 1., for at least 2 years. The record required by par. (c) 1. will be kept for the life of the control equipment.

NR 440.285(6)(a) (a) After installing control equipment in accordance with sub. (3) (a) 1. (fixed roof and internal floating roof), the owner or operator shall meet the following requirements:

NR 440.285(6)(a)1. 1. Furnish the department with a report that describes the control equipment and certifies that the control equipment meets the specifications of subs. (3) (a) 1. and (4) (a) 1. This report shall be an attachment to the notification required by s. NR 440.07 (1) (c).

NR 440.285(6)(a)2. 2. Keep a record of each inspection performed as required by sub. (4) (a) 1. to 4. Each record shall identify the storage vessel on which the inspection was performed and shall contain the date the vessel was inspected and the observed condition of each component of the control equipment (seals, internal floating roof, and fittings).

NR 440.285(6)(a)3. 3. If any of the conditions described in sub. (4) (a) 2. are detected during the annual visual inspection required by sub. (4) (a) 2., a report shall be furnished to the department within 30 days of the inspection. Each report shall identify the storage vessel, the nature of the defects, and the date the storage vessel was emptied or the nature of and date the repair was made.

NR 440.285(6)(a)4. 4. After each inspection required by sub. (4) (a) 3. that finds holes or tears in the seal or seal fabric, defects in the internal floating roof, or other control equipment defects listed in sub. (4) (a) 3. b., a report shall be furnished to the department within 30 days of the inspection. The report shall identify the storage vessel and the reason it did not meet the specifications of sub. (3) (a) 1. or (4) (a) 3. and list each repair made.

NR 440.285(6)(b) (b) After installing control equipment in accordance with sub. (3) (a) 2. (external floating roof), the owner or operator shall meet the following requirements:

NR 440.285(6)(b)1. 1. Furnish the department with a report that describes the control equipment and certifies that the control equipment meets the specifications of subs. (3) (a) 2. and (4) (b) 2. to 4. This report shall be an attachment to the notification required by s. NR 440.07 (1) (c).

NR 440.285(6)(b)2. 2. Within 60 days of performing the seal gap measurements required by sub. (4) (b) 1., furnish the department with a report that contains:

NR 440.285(6)(b)2.a. a. The date of measurement.

NR 440.285(6)(b)2.b. b. The raw data obtained in the measurement.

NR 440.285(6)(b)2.c. c. The calculations described in sub. (4) (b) 2. and 3.

NR 440.285(6)(b)3. 3. Keep a record of each gap measurement performed as required by sub. (4) (b). Each record shall identify the storage vessel in which the measurement was performed and shall contain:

NR 440.285(6)(b)3.a. a. The date of measurement.

NR 440.285(6)(b)3.b. b. The raw data obtained in the measurement.

NR 440.285(6)(b)3.c. c. The calculations described in sub. (4) (b) 2. and 3.

NR 440.285(6)(b)4. 4. After each seal gap measurement that detects gaps exceeding the limitations specified by sub. (4) (b) 4., submit a report to the department within 30 days of the inspection. The report will identify the vessel and contain the information specified in par. (b) 2. and the date the vessel was emptied or the repairs made and date of repair.

NR 440.285(6)(c) (c) After installing control equipment in accordance with sub. (3) (a) 3. or (b) 1. (closed vent system and control device other than a flare), the owner or operator shall keep the following records:

NR 440.285(6)(c)1. 1. A copy of the operating plan.

NR 440.285(6)(c)2. 2. A record of the measured values of the parameters monitored in accordance with sub. (4) (c) 2.

NR 440.285(6)(d) (d) After installing a closed vent system and flare to comply with sub. (3), the owner or operator shall meet the following requirements:

NR 440.285(6)(d)1. 1. A report containing the measurements required by s. NR 440.18 (6) shall be furnished to the department as required by s. NR 440.08. This report shall be submitted within 6 months of the initial startup date.

NR 440.285(6)(d)2. 2. Records shall be kept of all periods of operation during which the flare pilot flame is absent.

NR 440.285(6)(d)3. 3. Semiannual reports of all periods recorded under subd. 2. in which the pilot flame was absent shall be furnished to the department.

NR 440.285(7) (7) Monitoring of operations.

NR 440.285(7)(a) (a) The owner or operator shall keep copies of all records required by this section, except for the record required by par. (b) for at least 2 years. The record required by par. (b) shall be kept for the life of the source.

NR 440.285(7)(b) (b) The owner or operator of each storage vessel as specified in sub. (1) (a) shall keep readily accessible records showing the dimensions of the storage vessel and an analysis showing the capacity of the storage vessel.

NR 440.285(7)(c) (c) Except as provided in pars. (f) and (g), the owner or operator of each storage vessel either with a design capacity greater than or equal to 151 m3 storing a liquid with a maximum true vapor pressure greater than or equal to 3.6 kPa, or with a design capacity greater than or equal to 75 m3 but less than 151 m3 storing a liquid with a maximum true vapor pressure greater than or equal to 15.0 kPa, shall maintain a record of the VOL stored, the period of storage, and the maximum true vapor pressure of that VOL during the respective storage period.

NR 440.285(7)(d) (d) Except as provided in par. (g), the owner or operator of each storage vessel either with a design capacity greater than or equal to 151 m3 storing a liquid with a maximum true vapor pressure that is normally less than 5.2 kPa, or with a design capacity greater than or equal to 75 m3 but less than 151 m3 storing a liquid with a maximum true vapor pressure that is normally less than 27.6 kPa, shall notify the department within 30 days when the maximum true vapor pressure of the liquid exceeds the respective maximum true vapor pressure values for each volume range.

NR 440.285(7)(e) (e) Available data on the storage temperature may be used to determine the maximum true vapor pressure as follows:

NR 440.285(7)(e)1. 1. For vessels operated above or below ambient temperatures, the maximum true vapor pressure is calculated based upon the highest expected calendar-month average of the storage temperature. For vessels operated at ambient temperatures, the maximum true vapor pressure is calculated based upon the maximum local monthly average ambient temperature as reported by the national weather service.

NR 440.285(7)(e)2. 2. For crude oil or refined petroleum products the vapor pressure may be obtained by the following:

NR 440.285(7)(e)2.a. a. Available data on the Reid vapor pressure and the maximum expected storage temperature based on the highest expected calendar-month average 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 the sample or samples.

NR 440.285(7)(e)2.b. b. The true vapor pressure of each type of crude oil with a Reid vapor pressure less than 13.8 kPa or with physical properties that preclude determination by the recommended method is to be determined from available data and recorded if the estimated maximum true vapor pressure is greater than 3.5 kPa.

NR 440.285(7)(e)3. 3. For other liquids, the vapor pressure may be obtained from one of the following:

NR 440.285(7)(e)3.a. a. Standard reference texts.

NR 440.285(7)(e)3.b. b. Use of ASTM Method D2879-97, incorporated by reference in s. NR 440.17 (2) (a) 34.

NR 440.285(7)(e)3.c. c. Measurement by an appropriate method approved by the administrator.

NR 440.285(7)(e)3.d. d. Calculation using an appropriate method approved by the administrator.

NR 440.285(7)(f) (f) The owner or operator of each vessel storing a waste mixture of indeterminate or variable composition shall be subject to the following requirements.

NR 440.285(7)(f)1. 1. Prior to the initial filling of the vessel, the highest maximum true vapor pressure for the range of anticipated liquid compositions to be stored shall be determined using the methods described in par. (e).

NR 440.285(7)(f)2. 2. For vessels in which the vapor pressure of the anticipated liquid composition is above the cutoff for monitoring but below the cutoff for controls as defined in sub. (3) (a), an initial physical test of the vapor pressure is required; and a physical test at least once every 6 months thereafter is required as determined by one of the following methods:

NR 440.285(7)(f)2.a. a. ASTM D2879-97, incorporated by reference in s. NR 440.17 (2) (a).

NR 440.285(7)(f)2.b. b. ASTM D323-94 incorporated by reference in s. NR 440.17 (2) (a) 11.

NR 440.285(7)(f)2.c. c. Measurement by an appropriate method as approved by the administrator.

NR 440.285(7)(g) (g) The owner or operator of each vessel equipped with a closed vent system and control device meeting the specifications of sub. (3) or with emissions reductions equipment as specified in 40 CFR 65.42 (b) (4), (b) (5), (b) (6) or (c) as in effect on December 14, 2000 is exempt from the requirements of pars. (c) and (d).

NR 440.285 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; am (1) (c), (2) (f) (intro.) and (4) (a) 4., Register, July, 1993, No. 451, eff. 8-1-93; am. (2) (f) 1., (7) (e) 2. a., Register, December, 1995, No. 480, eff. 1-1-96; am., Register, November, 1999, No. 527, eff. 12-1-99; CR 06-109: am. (1) (a) and (b), (2) (f), (i), (j) (intro.) and 1. and (k), (7) (b), (e) 3., (f) 2. and (g), r. (1) (c), cr. (1) (d) 8. and (e), (2) (hm) and (j) 3. Register May 2008 No. 629, eff. 6-1-08; corrections in (1) (e) 2. and (4) (c) 1. (intro.) made under s. 13.92 (4) (b) 7., Stats., Register May 2008 No. 629.

NR 440.29 NR 440.29 Secondary lead smelters.

NR 440.29(1) (1) Applicability and designations of affected facility.

NR 440.29(1)(a) (a) The provisions of this section are applicable to the following affected facilities in secondary lead smelters: pot furnaces of more than 250 kg (550 lb) charging capacity, blast (cupola) furnaces and reverberatory furnaces.

NR 440.29(1)(b) (b) Any facility under par. (a) that commences construction or modification after June 11, 1973, is subject to the requirements of this section.