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 440.285Volatile 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.