NR 440.26(8)(d)(d) For any periods for which sulfur dioxide or oxides emissions data are not available, the owner or operator of the affected facility shall submit a signed statement indicating if any changes were made in operation of the emission control system during the period of data unavailability which could affect the ability of the system to meet the applicable emission limit. Operations of the control system and affected facility during periods of data unavailability shall be compared with operation of the control system and affected facility before and following the period of data unavailability. NR 440.26(8)(e)(e) The owner or operator of an affected facility shall submit the reports required under this subsection to the department semiannually for each 6-month period. All semiannual reports shall be postmarked by the 30th day following the end of each 6-month period. NR 440.26(8)(f)(f) The owner or operator of the affected facility shall submit a signed statement certifying the accuracy and completeness of the information contained in the report. NR 440.26(9)(a)(a) Section NR 440.08 (4) shall apply to the initial performance test specified under par. (c), but not to the daily performance tests required thereafter as specified in par. (d). Section NR 440.08 (6) does not apply when determining compliance with the standards specified under sub. (5) (d). Section NR 440.08 (6) does not apply when determining compliance with the standards specified under sub. (5) (b). Performance tests conducted for the purpose of determining compliance under sub. (5) (b) shall be conducted according to the applicable procedures specified under sub. (7). NR 440.26(9)(b)(b) Owners or operators who seek to comply with sub. (5) (b) 3. shall meet that standard at all times, including periods of startup, shutdown and malfunctions. NR 440.26(9)(c)(c) The initial performance test shall consist of the initial 7-day average calculated for compliance with sub. (5) (b) 1., 2. or 3. NR 440.26(9)(d)(d) After conducting the initial performance test prescribed under s. NR 440.08, the owner or operator of a fluid catalytic cracking unit catalyst regenerator subject to sub. (5) (b) shall conduct a performance test for each successive 24-hour period thereafter. The daily performance tests shall be conducted according to the appropriate procedures specified under sub. (7). In the event that a sample collected under sub. (7) (i) or (j) is accidentally lost or conditions occur in which one of the samples is discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions or other circumstances beyond the owner or operators’ control, compliance may be determined using available data for the 7-day period. NR 440.26(9)(e)(e) Each owner or operator subject to sub. (5) (b) who has demonstrated compliance with one of the provisions of sub. (5) (b) but at a later date seeks to comply with another of the provisions of sub. (5) (b) shall begin conducting daily performance tests as specified under par. (d) immediately upon electing to become subject to one of the other provisions of sub. (5) (b). The owner or operator shall furnish the department with a written notification of the change in the semiannual report required by sub. (8) (e). NR 440.26 HistoryHistory: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (2) (intro.), (3) (a) 1., (6) (a) 2., (7) (a) 1. a. and 2., (d) (intro.) and 2., Register, September, 1990, No. 417, eff. 10-1-90; am. (1) (b), (6) (c) and (d), cr. (1) (c) to (e), (2) (c) to (f) and (q), (5) (b) to (d), (8) and (9), renum. (2) (c) to (L) to be (2) (g) to (p), r. and recr. (3) (a) (intro.), (4) to (6) (a), (e) and (7), Register, July, 1993, No. 451, eff. 8-1-93; am. (3) (a) (intro.), (4) (a), (5) (a) (intro.), December, 1995, No. 480, eff. 1-1-96; corrections in (6) and (8) made under s. 13.93 (2m) (b) 7., Register, November, 1999, No. 527; CR 06-109: am. (3) (a) 1., (5) (b) 1. and 2., (6) (a) 3. a. and c., 4. c., 5. a. and b., 6. a. and b. and 7. a., (c) and (d), (7) (b) 2., 3. a. and b. and 4., (f) 1. and 3., (g) and (i) 2. a., b. and c., 10. and 11., (j) 2., (8) (a), (c) (intro.) and 5. and 6. and (9) (e), renum. (6) (a) 8., 9. and 12. and (7) (e) to be (6) (a) 8. (intro.), 9. (intro.) and 12. (intro.) and (7) (e) 1. (intro.) and am., cr. (6) (a) 8. a. and b., 9. a. and b. and 12. a. and b., (7) (e) 1. a., b. and c. and 2. and (8) (e), r. and recr. (7) (b) 1. and (b) 3. (intro.), (c) 1. and (i) 9., r. (8) (d), renum. (8) (e) to be (8) (d) Register May 2008 No. 629, eff. 6-1-08. NR 440.27NR 440.27 Storage vessels for petroleum liquids for which construction, reconstruction or modification commenced after June 11, 1973, and prior to May 19, 1978. NR 440.27(1)(1) Applicability and designation of affected facility. NR 440.27(1)(a)(a) Except as provided in par. (b), the affected facility to which this section applies is each storage vessel for petroleum liquids which has a storage capacity of greater than 151,416 liters (40,000 gallons). NR 440.27(1)(b)(b) This section does not apply to storage vessels for petroleum or condensate stored, processed or treated, or stored, processed and treated at a drilling and production facility prior to custody transfer. NR 440.27(1)(c)(c) Subject to the requirements of this section is any facility under par. (a) which: NR 440.27(1)(c)1.1. Has a capacity greater than 151,416 liters (40,000 gallons), but not exceeding 246,052 liters (65,000 gallons), and commences construction or modification after March 8, 1974, and prior to May 19, 1978. NR 440.27(1)(c)2.2. Has a capacity greater than 246,052 liters (65,000 gallons) and commences construction or modification after June 11, 1973, and prior to May 19, 1978. NR 440.27(2)(2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02. NR 440.27(2)(a)(a) “Condensate” means hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure, or both, and remains liquid at standard conditions. NR 440.27(2)(b)(b) “Custody transfer” means the transfer of produced petroleum or condensate, or both, after processing or treating, or both, in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation. NR 440.27(2)(c)(c) “Drilling and production facility” means all drilling and servicing equipment, wells, flow lines, separators, equipment, gathering lines, and auxiliary nontransportation-related equipment used in the production of petroleum but does not include natural gasoline plants. NR 440.27(2)(d)(d) “Floating roof” means a storage vessel cover consisting of a double deck, pontoon single deck, internal floating cover or covered floating roof, which rests upon and is supported by the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank wall. NR 440.27(2)(e)(e) “Hydrocarbon” means any organic compound consisting predominantly of carbon and hydrogen. NR 440.27(2)(f)(f) “Petroleum” means the crude oil removed from the earth and the oils derived from tar sands, shale and coal. NR 440.27(2)(g)(g) “Petroleum liquids” means petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean Nos. 2 through 6 fuel oils as specified in ASTM D396-98, gas turbine fuel oils Nos. 2-GT through 4-GT as specified in ASTM D2880-96, or diesel fuel oils Nos. 2-D and 4-D as specified in ASTM D975-98a. These 3 ASTM methods are incorporated by reference in s. NR 440.17 (2) (a) 13., 36. and 14., respectively. NR 440.27(2)(h)(h) “Petroleum refinery” means each facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking, extracting, or reforming of unfinished petroleum derivatives. NR 440.27(2)(i)(i) “Reid vapor pressure” is 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 440.27(2)(j)(j) “Storage vessel” means any tank, reservoir or container used for the storage of petroleum liquids, but does not include: NR 440.27(2)(j)1.1. Pressure vessels which are designed to operate in excess of 15 pounds per square inch gauge without emissions to the atmosphere except under emergency conditions.