Chapter NR 440

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 (Vesi) and the corresponding average total organic compounds concentration (Cei) 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 (Vesi) air-vapor mixture exhausted at each interval:

NR 440.64(4)(c)5.a. a. Method 2B shall be used for combustion vapor processing systems.

NR 440.64(4)(c)5.b. b. Method 2A shall be used for all other vapor processing systems.

NR 440.64(4)(c)6. 6. Method 25A or 25B shall be used for determining the total organic compounds concentration (Cei) 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) (6) Reporting and recordkeeping.

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)2. 2. Tank Owner and Address.

NR 440.64(6)(b)3. 3. Tank Identification Number.

NR 440.64(6)(b)4. 4. Testing Location.

NR 440.64(6)(b)5. 5. Date of Test.

NR 440.64(6)(b)6. 6. Tester Name and Signature.

NR 440.64(6)(b)7. 7. Witnessing Inspector, if any: Name, Signature and Affiliation.

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)1. 1. Date of Inspection.

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)3. 3. Leak determination method.

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)(c)5. 5. Inspector Name and Signature.

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)(b) (b) Each affected facility shall comply with the applicable emission limits in sub. (3) unless exempted under par. (e), (f), (g) or (h).

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)(h)1. 1. Open masonry fireplaces constructed on site.

NR 440.642(1)(h)2. 2. Boilers,

NR 440.642(1)(h)3. 3. Furnaces, and

NR 440.642(1)(h)4. 4. Cookstoves.

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)2. 2. A system that admits air primarily up and through the fuel bed.

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)2. 2. A device for measuring oven temperatures,

NR 440.642(2)(e)3. 3. A flame path that is routed around the oven,

NR 440.642(2)(e)4. 4. A shaker grate,

NR 440.642(2)(e)5. 5. An ash pan,

NR 440.642(2)(e)6. 6. An ash clean-out door below the oven, and

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,