Chapter NR 420

NR 420.035(3)(a) (a) The owner or operator of a gasoline dispensing facility subject to sub. (2) on August 1, 1994 shall install a pressure vacuum valve on each stationary gasoline storage tank vent pipe by March 31, 1995.

NR 420.035(3)(b) (b) The owner or operator of an existing gasoline dispensing facility previously exempt from the vapor control requirements of sub. (2) because its gasoline storage tank capacity was less than 2000 gallons shall install a pressure vacuum valve on each stationary gasoline storage tank vent pipe not later than 120 days after the exemption level is exceeded, making sub. (2) applicable.

NR 420.035(3)(c) (c) The owner or operator of a gasoline dispensing facility on which construction was commenced after August 1, 1994 and which is subject to the vapor control requirements of sub. (2) shall install a pressure vacuum valve on each stationary gasoline storage tank vent pipe before the tank is first filled with gasoline.

NR 420.035 History History: Cr. Register, July, 1994, No. 463, eff. 8-1-94; am. (2) (b), Register, December, 1995, No. 480, eff. 1-1-96.

NR 420.04 NR 420.04 Transfer operations and associated equipment.

NR 420.04(1) (1) Bulk gasoline terminals.

NR 420.04(1)(a) (a) Applicability. This subsection applies, subject to the provisions of s. NR 425.03, to all bulk gasoline terminals and the associated equipment necessary to load tank truck or trailer compartments.

NR 420.04(1)(b) (b) Vapor control system. No person may load gasoline into any tank trucks or trailers from any bulk gasoline terminal unless all of the following requirements are met:

NR 420.04(1)(b)1. 1. The bulk gasoline terminal is equipped with a vapor control system which is properly installed, in good working order, in operation and consisting of one of the following:

NR 420.04(1)(b)1.a. a. An adsorber, absorption, refrigeration or condensation system.

NR 420.04(1)(b)1.b. b. A vapor collection system which directs all vapors to a fuel gas system.

NR 420.04(1)(b)2. 2. All displaced vapors and gases are vented only to the vapor control system.

NR 420.04(1)(b)3. 3. A means is provided to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected.

NR 420.04(1)(b)4. 4. All loading and vapor lines are equipped with fittings which make vapor tight connections and which close automatically when disconnected.

NR 420.04(1)(c) (c) Emission limitation. The vapor control system required under par. (b) 1. may not allow mass emissions of VOCs from control equipment to exceed 80 milligrams per liter (4.7 grains per gallon) of gasoline loaded.

NR 420.04(1)(d) (d) Operating requirements. The vapor collection system and the gasoline loading equipment shall be designed and operated in a manner that prevents:

NR 420.04(1)(d)1. 1. Gauge pressure from exceeding 4.5 kPa (18 inches of H2O) and vacuum from exceeding 1.5 kPa (6 inches of H2O) in the gasoline tank truck.

NR 420.04(1)(d)2. 2. A reading equal to or greater than 100% of the LEL at 2.5 centimeters from all points on the perimeter of a potential leak source.

NR 420.04(1)(d)3. 3. Avoidable visible liquid leaks during loading or unloading operations.

NR 420.04(1)(e) (e) Repair deadline. Provisions shall be made to repair and retest a vapor collection or control system that exceeds the limits of par. (d) 2. within 15 days.

NR 420.04(1)(f) (f) Precautions. Sources to which this subsection applies may not do either of the following:

NR 420.04(1)(f)1. 1. Allow gasoline to be discarded in sewers or stored in open containers, s. NR 419.04 notwithstanding.

NR 420.04(1)(f)2. 2. Allow the pressure in the vapor collection system to exceed the tank truck or trailer pressure relief settings.

NR 420.04(1)(g) (g) Truck sticker. No person may load gasoline into any tank truck or trailer from any bulk gasoline terminal unless the tank truck displays a current sticker demonstrating that the truck is in compliance with sub. (4).

NR 420.04(2) (2) Bulk gasoline plants.

NR 420.04(2)(a) (a) Applicability. Subject to the provisions of s. NR 425.03, this subsection applies to the unloading, loading, and storage facilities of all bulk gasoline plants which have an average daily throughput of 15,000 liters (4,000 gallons) of gasoline or more on a 30-day rolling average; and to all delivery vessels involved in such loading or unloading operations, except as provided in subds. 1. and 2. Any plant that becomes or is subject to this subsection shall remain subject to this subsection even if its throughput later falls below the applicability thresholds. The requirements of pars. (b) to (g) do not apply to the following:

NR 420.04(2)(a)1. 1. The loading or unloading of stationary storage tanks with a capacity of 2,176 liters (575 gallons) or less, notwithstanding s. NR 439.10.

NR 420.04(2)(a)2. 2. Bulk plant unloading facilities, the delivery vessels receiving gasoline from bulk plants, and the operation of transferring gasoline from bulk plant to delivery vessel when the transfer takes place outside the counties of Brown, Calumet, Dane, Dodge, Door, Fond du Lac, Jefferson, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, Walworth, Washington, Waukesha and Winnebago or when the gasoline is delivered exclusively to facilities exempted from the requirements of sub. (3) by sub. (3) (a) 1., 2., 3., 4., 5. or 6. However, the requirements of pars. (b) to (g) do apply if gasoline is transferred during the ozone season to a delivery vessel whose last previous delivery was to a gasoline dispensing facility, either inside or outside this state, which is required to have a vapor balance system.

NR 420.04(2)(b) (b) Equipment requirements for bulk plants. No owner or operator of a bulk gasoline plant may permit stationary storage tanks to load or unload gasoline unless each tank is equipped with a vapor balance system as described under par. (e) and approved by the department, and with one of the following:

NR 420.04(2)(b)1. 1. A submerged fill pipe approved by the department.

NR 420.04(2)(b)2. 2. A fill line whose discharge opening is flush with or near the bottom of the tank.

NR 420.04(2)(c) (c) Equipment requirements for delivery vessels. No owner or operator of a bulk gasoline plant or delivery vessel may permit the gasoline transfer operations regulated under this subsection unless each delivery vessel involved in such operations is equipped with a vapor balance system as described under par. (e) and approved by the department and the following conditions are met:

NR 420.04(2)(c)1. 1. Equipment is available at the bulk gasoline plant to provide for the submerged filling of each delivery vessel or each delivery vessel is equipped for bottom filling.

NR 420.04(2)(c)3. 3. After October 1, 1981, the tank truck displays a current sticker demonstrating that the truck is in compliance with sub. (4).

NR 420.04(2)(d) (d) Transfer requirements. No owner or operator of a bulk gasoline plant or delivery vessel may permit the transfer of gasoline unless all of the following requirements are met:

NR 420.04(2)(d)1. 1. Submerged or bottom filling is used.

NR 420.04(2)(d)2. 2. The vapor balance system is in good working order and is connected and operating.

NR 420.04(2)(d)3. 3. Delivery vessel hatches are closed at all times during transfer operations.

NR 420.04(2)(d)4. 4. There are no leaks in the delivery vessels’ pressure-vacuum relief valves and hatch covers, nor in the delivery vessel tanks or stationary storage tanks or associated vapor and liquid lines during loading or unloading.

NR 420.04(2)(d)5. 5. The pressure relief valves on stationary storage tanks and delivery vessels are set to release at no less than 4.8 kPa (0.7 psig), or the highest possible pressure consistent with state or local fire codes or the national fire prevention association guidelines.

NR 420.04(2)(e) (e) Vapor balance system. Vapor balance systems required under pars. (b) and (c) shall include vapor space connections on the stationary storage tank and on the delivery vessel with connecting pipe or hose. These connections are required either for loading of the bulk plant storage tank only or for both loading and unloading, as indicated in par. (a). Both sides of all junctions shall be equipped with fittings which are vapor tight and will automatically and immediately close upon disconnection so as to prevent release of organic compound vapors.

NR 420.04(2)(f) (f) Operating requirements. The vapor collection system and the gasoline loading equipment shall be designed and operated in a manner that prevents:

NR 420.04(2)(f)1. 1. Gauge pressure from exceeding 4.5 kPa (18 inches of H2O) and vacuum from exceeding 1.5 kPa (6 inches of H2O) in the gasoline tank truck.

NR 420.04(2)(f)2. 2. A reading equal to or greater than 100% of the LEL at 2.5 centimeters from all points on the perimeter of a potential leak source.

NR 420.04(2)(f)3. 3. Avoidable visible liquid leaks during loading or unloading operations.

NR 420.04(2)(g) (g) Repair deadline. Provisions shall be made to repair and retest a vapor collection or control system that exceeds the limits of par. (f) 2. within 15 days.

NR 420.04(2)(h) (h) Precautions. Notwithstanding s. NR 419.04, no owner or operator of a bulk gasoline plant may permit gasoline to be spilled, discarded in sewers or stored in open containers.

NR 420.04(3) (3) Gasoline dispensing facilities.

NR 420.04(3)(a) (a) Applicability. Subject to the provisions of s. NR 425.03, this subsection applies to gasoline dispensing facilities, to the delivery vessels used to bring these facilities the gasoline which they dispense, and to the operation of transferring gasoline to the dispensing facilities with the following exceptions:

NR 420.04(3)(a)1. 1. Gasoline dispensing facilities which are supplied exclusively by bulk gasoline plants whose unloading operations are exempted from the requirements of sub. (2) by sub. (2) (a) 1.

NR 420.04(3)(a)2. 2. Gasoline dispensing facilities located outside the counties of Brown, Calumet, Dane, Dodge, Door, Fond du Lac, Jefferson, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, Walworth, Washington, Waukesha and Winnebago.

NR 420.04(3)(a)3. 3. Delivery vessels used exclusively to supply exempt gasoline dispensing facilities or used exclusively for the transfer operations exempted under subds. 4. to 6.

NR 420.04(3)(a)4. 4. Transfers made to storage tanks of gasoline dispensing facilities equipped with floating roofs or their equivalent which have been approved by the department.

NR 420.04(3)(a)5. 5. Transfers made to any stationary storage tank at a gasoline dispensing facility with a capacity of 7,580 liters (2,000 gallons) or less which is in place on or before August 1, 1979.

NR 420.04(3)(a)6. 6. Transfers made to any stationary storage tank at a gasoline dispensing facility with a capacity of 2,176 liters (575 gallons) or less which is installed after August 1, 1979.

NR 420.04(3)(b) (b) Vapor control requirements. No owner or operator of a gasoline dispensing facility and no owner of a gasoline storage tank at such a facility may transfer or cause or allow the transfer of gasoline from any delivery vessel into any stationary storage tank not excluded under par. (a) unless:

NR 420.04(3)(b)1. 1. The storage tank is equipped with a submerged fill pipe.

NR 420.04(3)(b)2. 2. The vapors displaced from it by filling are processed by a vapor control system in accordance with par. (c).

NR 420.04(3)(b)3. 3. After October 1, 1981, the tank truck displays a current sticker demonstrating that the truck is in compliance with sub. (4).

NR 420.04(3)(c) (c) Vapor control system. The vapor control system required by par. (b) shall include one or more of the following:

NR 420.04(3)(c)1. 1. A vapor balance system with a vapor tight vapor return line from the storage tank to the delivery vessel and a system that will ensure the vapor line is connected before gasoline can be transferred into the storage tank.

NR 420.04(3)(c)2. 2. A refrigeration-condensation system capable of recovering at least 90% by weight of the organic compounds in the displaced vapor or an equally effective alternative control method approved by the department. Any alternative control method approved by the department under this subdivision shall be submitted to, and will not become effective for federal purposes until approved by, the administrator or designee as a source-specific revision to the department’s state implementation plan for ozone.

NR 420.04(3)(d) (d) Operating requirements. The vapor collection system and the gasoline loading equipment shall be designed and operated in a manner that prevents:

NR 420.04(3)(d)1. 1. Gauge pressure from exceeding 4.5 kPa (18 inches of H2O) and vacuum from exceeding 1.5 kPa (6 inches of H2O) in the gasoline tank truck.

NR 420.04(3)(d)2. 2. A reading equal to or greater than 100% of the LEL at 2.5 centimeters from all points on the perimeter of a potential leak source.

NR 420.04(3)(d)3. 3. Avoidable visible liquid leaks during loading or unloading operations.

NR 420.04(3)(e) (e) Delivery vessel unloading. The operator of a delivery vessel may not commence transfer of gasoline to any gasoline dispensing facility equipped with a vapor balance system pursuant to par. (c) 1. without first properly connecting the vapor return line. The delivery vessel shall be designed, maintained and operated to be vapor tight at all times that it is vapor-laden.

NR 420.04(3)(f) (f) Delivery vessel refilling. During the ozone season, vapor-laden delivery vessels shall be refilled in this state only at one of the following:

NR 420.04(3)(f)1. 1. Bulk gasoline terminals complying with sub. (1).

NR 420.04(3)(f)2. 2. Bulk gasoline plants equipped with a vapor balance system for unloading as described in sub. (2) (e).

NR 420.04(3)(g) (g) Control equipment installation and maintenance. Each owner of a gasoline storage tank or delivery vessel shall do all of the following:

NR 420.04(3)(g)1. 1. Install all necessary control systems and make all necessary process modifications in accordance with pars. (b), (c), (d) and (e).

NR 420.04(3)(g)2. 2. Repair, replace or modify any worn out or malfunctioning component or element of design, and keep such records as may be requested in writing by the department relating to the repair, replacement or modification of any component or element of design of the control system.

NR 420.04(3)(g)3. 3. Repair and retest a vapor collection or control system that exceeds the limits of par. (d) 2. within 15 days.

NR 420.04(3)(h) (h) Control equipment operating and maintenance instructions. Each owner of a gasoline storage tank shall provide written instructions to the operator of the gasoline dispensing facility describing necessary operating and maintenance procedures and procedures for prompt notification of the owner in case of any malfunction of the control system.

NR 420.04(3)(i) (i) Control system operation and maintenance requirements. Each operator of a gasoline dispensing facility shall:

NR 420.04(3)(i)1. 1. Maintain and operate the control system in accordance with the specifications and the operating and maintenance procedures specified by the owner.

NR 420.04(3)(i)2. 2. Promptly notify the owner of the control system of any scheduled maintenance or of any malfunction requiring replacement or repair of major components of the system.

NR 420.04(3)(i)3. 3. Keep on the premises a copy of the instructions provided pursuant to par. (h) and make these instructions available to an authorized representative of the department on request.

NR 420.04(3)(i)4. 4. Maintain such records on maintenance and malfunction as may be requested in writing by the department.

NR 420.04(3)(i)5. 5. Maintain gauges, meters, or other specified testing devices in proper working order.

NR 420.04(4) (4) Gasoline delivery vessels.

NR 420.04(4)(a) (a) Applicability. This subsection applies, with compliance deadlines in accord with the compliance schedules for subs. (1) to (3), to all gasoline delivery vessels except those exempted from vapor balance system installations under subs. (2) (a) and (3) (a) 3.

NR 420.04(4)(b) (b) Equipment requirements. Except as provided under par. (a), the owner or operator of a gasoline delivery vehicle shall:

NR 420.04(4)(b)1. 1. Provide for all gasoline delivery vessels to be equipped for gasoline vapor collection.

NR 420.04(4)(b)2. 2. Provide for all loading and vapor lines to be equipped with fittings which make vapor-tight connections.

NR 420.04(4)(b)3. 3. Equip vapor lines leading to the vapor space in the delivery vessel with fittings which close automatically when disconnected.

NR 420.04(4)(b)4. 4. Demonstrate through the sticker required in subd. 5. that the gasoline delivery vessel is in compliance with the following provisions:

NR 420.04(4)(b)4.a. a. An annual pressure test shall be performed on the vessel according to the test methods and procedures specified in s. NR 439.06 (3) (d).