NR 420.04 History
History: Renum. from NR 154.13 (3) (a) to (d) and am.,
Register, September, 1986, No. 369, eff. 10-1-86; am; (1) (c) and (f) (intro.), (2) (b) (intro.), (c) (intro.), (d) (intro.) and (h), (3) (b) (intro.) and (e), (4) (a), (b) 4. a. and b., (c) 1. a. and b. r. and recr. (4) (c) 1. c., r. (4) (c) 1. d. to f.,
Register, February, 1990, No. 410, eff. 3-1-90; correction in (2) (a) 1. and (c) (intro.). made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 1990, No. 410; am. (3) (d) (intro.),
Register, May, 1992, No. 437, eff. 6-1-92; correction in (2) (a) 2. made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 1992, No. 437; am. (2) (a) 2. and (3) (a) 2.,
Register, January, 1993, No. 445, eff. 2-1-93; am. (1) (b) 1. b., (2) (a) (intro.), (3) (c) 2., (4) (c) 1. c., r. (1) (b) 1. c. and (3) (c) 3.,
Register, December, 1993, No. 456, eff. 1-1-94; am. (2) (a) (intro.) and 2.,
Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (b) (intro.), (f) (intro.), 1., (2) (b), (c) (intro.), 1., (d) (intro.), (3) (c) 2., (f) (intro.), (g) (intro.), (4) (b) 4. b., r. (2) (c) 2.,
Register, December, 1996, No. 492, eff. 1-1-97; am. (2) (a) 2. and (3) (g) 1.,
Register, October, 1999, No. 526, eff. 11-1-99.
NR 420.045(1)(a)(a) Applicability. This section applies to all gasoline dispensing facilities located in the counties of Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha except as specified in
pars. (b) to
(d).
NR 420.045(1)(b)
(b) Non-highway mobile source exemption. The provisions of this section do not apply to any gasoline dispensing equipment that is used exclusively for fueling marine vessels, aircraft or snowmobiles.
NR 420.045(1)(c)
(c) Throughput exemption. A gasoline dispensing facility is exempt from the requirements of
subs. (2) to
(9) if the facility never dispenses greater than 10,000 gallons of gasoline per month, on average, for any 24 month period beginning with calendar years 1991 and 1992. The calculation of the average monthly quantity of gasoline dispensed at a facility may not include any period of time when the facility was non-operational. The owner or operator of such a gasoline dispensing facility shall comply with the reporting requirements of
sub. (10).
NR 420.045(1)(d)1.1. A gasoline dispensing facility is exempt from the requirements of
subs. (2) to
(9) if all of the following criteria in this subdivision are met:
NR 420.045(1)(d)1.a.
a. The gasoline dispensing facility never dispenses greater than 50,000 gallons of gasoline per month, on average, for any 24 month period beginning with calendar years 1991 and 1992. The calculation of the average monthly quantity of gasoline dispensed at a facility may not include any period of time when the facility was non-operational.
NR 420.045(1)(d)1.c.
c. The owner of the facility is able to demonstrate to the satisfaction of the department that the owner is an independent small business marketer.
NR 420.045(1)(d)2.
2. For purposes of this paragraph, an independent small business marketer of gasoline is a person engaged in the marketing of gasoline who would be required to pay for procurement and installation of vapor recovery equipment under this section, unless the person meets one of the following criteria:
NR 420.045(1)(d)2.b.
b. The person controls, is controlled by, or is under common control with a refiner.
NR 420.045(1)(d)2.c.
c. The person is directly or indirectly affiliated with a refiner or with a person who controls, is controlled by, or is under common control with a refiner, unless the sole affiliation is by means of a supply contract or an agreement or contract to use a trademark, trade name, service mark, or other identifying symbol or name owned by the refiner or any person.
NR 420.045(1)(d)2.d.
d. The person receives less than 50% of the person's annual income from refining or marketing of gasoline.
NR 420.045(1)(d)3.
3. For the purpose of this paragraph, the term "refiner" does not include any refiner whose total refinery capacity, including the refinery capacity of any person who controls, is controlled by, or is under common control with, the refiner does not exceed 65,000 barrels per day.
NR 420.045(1)(d)4.
4. For purposes of this paragraph, "control" of a corporation means ownership of more than 50% of the stock of the corporation.
NR 420.045(1)(e)
(e) Exceeding thresholds. Any gasoline dispensing facility which exceeds an applicable gallons of gasoline per month threshold established in
par. (c) or
(d) for any 24 month period after calendar years 1991 and 1992 is subject to the requirements of
subs. (2) to
(9) and shall comply with the requirements of
s. NR 425.035 for reporting throughput and for installing and beginning operation of a vapor recovery system.
NR 420.045(2)(a)(a) No owner or operator of a gasoline dispensing facility may permit gasoline to be dispensed from a stationary storage tank to a motor vehicle fuel tank unless the owner or operator has installed on the dispensing equipment a vapor recovery system which meets the requirements of
subs. (3) and
(4).
NR 420.045(2)(b)
(b) If a tag or notice prohibiting operation has been placed on dispensing equipment under
s. NR 494.04, no person may dispense gasoline from the dispensing equipment until the tag or notice is removed by or at the written direction of the department. No person may remove a tag or notice placed on dispensing equipment under
s. NR 494.04 unless the department directs the person, in writing, to remove it. The owner or operator of the dispensing facility shall notify the department in writing that the dispensing equipment which was tagged has been repaired.
NR 420.045(3)
(3) Approval of vapor recovery systems. The department may approve the installation and operation of a vapor recovery system if it meets all of the following criteria:
NR 420.045(3)(a)
(a) The type of vapor recovery system is certified by the California air resources board to achieve 95% vapor recovery.
NR 420.045 Note
Note: A vapor recovery system must have a vapor control system which meets the requirements of s.
NR 420.04 (3) in order to be certified as 95% efficient by the California air resources board.
NR 420.045(3)(b)
(b) The vapor recovery system uses only coaxial vapor recovery hoses.
NR 420.045(3)(c)
(c) The vapor recovery system does not use remote check valves.
NR 420.045(3)(d)
(d) The vapor recovery system has been tested in accordance with
sub. (7), and has been demonstrated to function properly in these tests.
NR 420.045(4)
(4) Operation requirements. An owner or operator of a gasoline dispensing facility shall do all of the following:
NR 420.045(4)(a)
(a) Demonstrate proper functioning of the vapor recovery system in the most recent vapor recovery system tests required under
sub. (7).
NR 420.045(4)(b)
(b) Maintain the vapor recovery system such that it is free of any of the following defects:
NR 420.045(4)(b)1.
1. Any component required to be used in the California air resources board system certification which is absent or disconnected.
NR 420.045(4)(b)2.
2. A vapor recovery hose or return line which is crimped or flattened such that the vapor passage is blocked, torn such that vapors can escape, or malfunctioning such that the pressure drop through the vapor hose or return line exceeds by a factor of 2 or more the requirements in the California air resources board certification.
NR 420.045(4)(b)3.
3. A nozzle boot which is torn in one or more of the following manners:
NR 420.045(4)(b)3.a.
a. Triangular-shaped or similar tear 1/2 inch or more on a side, or a hole 1/2 inch or more in diameter.
NR 420.045(4)(b)4.
4. Faceplate of flexible cone which is damaged in the following manner:
NR 420.045(4)(b)4.a.
a. The capability of the faceplate to achieve a seal with a fill pipe interface is affected for one-fourth of the circumference of the faceplate.
NR 420.045(4)(b)6.
6. Vapor processing unit which is inoperative or severely malfunctioning.
NR 420.045(4)(b)7.
7. Vacuum producing device which is inoperative or severely malfunctioning.
NR 420.045(4)(b)8.
8. Pressure/vacuum relief valves, vapor check valves or dry breaks which are inoperative.
NR 420.045(4)(b)9.
9. Any vapor recovery equipment which is not liquid tight and vapor tight.
NR 420.045(4)(b)10.
10. Any equipment defect identified in the California air resources board system certification as substantially impairing the effectiveness of the system in reducing air contaminants.
NR 420.045(4)(b)11.
11. Any other defect not specifically identified which may reduce by 10% or more the vapor recovery efficiency of the vapor recovery system.
NR 420.045(5)(a)(a) Training requirement. The owner or operator of a gasoline dispensing facility shall ensure that at least one employee of the gasoline dispensing facility receives department approved training. Department approved training shall consist of at least 6 hours of instruction which includes all of the following elements:
NR 420.045(5)(a)2.
2. Equipment operation and functions specific to the vapor recovery system installed at the facility.
NR 420.045(5)(a)3.
3. Maintenance schedules and procedures for maintaining the vapor recovery equipment installed at the facility.
NR 420.045(5)(a)5.
5. Equipment manufacturer contacts including names, addresses and phone numbers, for parts and service.
NR 420.045 Note
Note: This requirement may also be met if the trained employee is familiar with the names, addresses and phone numbers of company staff who are responsible for maintenance of the vapor recovery system.
NR 420.045(5)(b)
(b) Training schedule. The training required under
par. (a) shall be completed according to the following schedule:
NR 420.045(5)(b)1.
1. Initial training shall be completed within 45 days of the final compliance date specified in
s. NR 425.035 (3) for the gasoline dispensing facility.
NR 420.045(5)(b)2.
2. If the only employee who has received training under
par. (a) terminates employment at the facility, training of another employee shall be completed no later than 45 days after the departure of the trained employee.
NR 420.045(5)(b)3.
3. If the gasoline dispensing facility changes the type of vapor recovery system which is in use at the facility, new training or retraining of an employee under
par. (a) shall be completed before startup of the new vapor recovery system.
NR 420.045(6)(a)(a) Weekly inspections. The owner or operator of a gasoline dispensing facility shall ensure that weekly equipment inspections are conducted. The weekly inspection shall include all of the following:
NR 420.045(6)(a)1.
1. A visual inspection of refueling of motor vehicles to ensure that the flow shut-off mechanisms are working properly.
NR 420.045(6)(a)2.
2. An inspection of all boots, hoses, facecones and faceplates for tears or rips.
NR 420.045(6)(a)3.
3. A visual inspection of all dispensing equipment for any gasoline leaks.
NR 420.045(6)(a)4.
4. An inspection of all gasoline delivery nozzles for tightness and bends which may impede vapor recovery.
NR 420.045(6)(b)
(b) Marking of non-compliant equipment. The owner or operator of a gasoline dispensing facility shall mark "out-of-service" and cease use of any dispensing equipment which has a defect listed in
sub. (4) (b).
NR 420.045(6)(c)
(c) Equipment replacement. The owner or operator of a gasoline dispensing facility shall replace any defective part of the dispensing equipment only with a part which is certified by the California air resources board for use in the vapor recovery system which is in use at the facility.
NR 420.045(7)(a)(a) Vapor recovery balance systems. The owner or operator of a gasoline dispensing facility which has installed a vapor recovery balance system shall test the vapor recovery system according to the following schedule:
NR 420.045(7)(a)1.
1. Complete initial compliance testing prior to the final compliance date specified in
s. NR 425.035 (3) for the gasoline dispensing facility. The testing shall include all of the following:
NR 420.045(7)(a)1.b.
b. A liquid blockage and dynamic backpressure test on each vapor recovery nozzle.
NR 420.045(7)(a)2.
2. Conduct an annual compliance test on the vapor recovery system within 60 days of the anniversary date of the initial compliance tests required under
subd. 1. The annual testing shall include all of the following:
NR 420.045(7)(a)3.
3. At intervals of 5 years after the initial compliance test required under
subd. 1., the annual test required under
subd. 2. shall include all the tests required under
subd. 1.
NR 420.045(7)(b)
(b) Vapor recovery assist systems. The owner or operator of a gasoline dispensing facility which has installed a vapor recovery assist system shall test the vapor recovery system according to the following schedule:
NR 420.045(7)(b)1.
1. Complete initial compliance testing prior to the final compliance date specified in
s. NR 425.035 (3) for the gasoline dispensing facility. The testing shall include all of the following:
NR 420.045(7)(b)2.
2. Conduct an annual compliance test on the vapor recovery system within 60 days of the anniversary date of the initial compliance tests required under
subd. 1. The annual testing shall consist of a leak test on the complete vapor recovery system.
NR 420.045(7)(b)3.
3. At intervals of 5 years after the initial compliance test required under
subd. 1., the annual test required under
subd. 2. shall include all the tests required under
subd. 1.
NR 420.045(8)
(8) Recordkeeping. The owner or operator of a gasoline dispensing facility shall maintain the records specified in this subsection in a manner acceptable to the department. Except as noted in
pars. (e) and
(f), these records shall be maintained on the facility premises for a minimum of 3 years and shall be made available upon request to an authorized department representative at any time during normal working hours. The records to be maintained are:
NR 420.045(8)(a)
(a) Any and all department approvals or permits which are necessary for the operation of the facility or the vapor recovery system.
NR 420.045(8)(b)
(b) A maintenance and inspection log which includes all of the following:
