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)(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 HistoryHistory: 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 440.285NR 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)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.