Section 440.66. Equipment leaks of VOC in petroleum refineries.

 

(1)   Applicability and designation of affected facility.

(a)

1. The provisions of this section apply to affected facilities in petroleum refineries.

2. A compressor is an affected facility.

3. The group of all the equipment (defined in sub. (2) ) within a process unit is an affected facility.

(b) Any affected facility under par. (a) that commences construction or modification after January 4, 1983, is subject to the requirements of this section.

(c) Addition or replacement of equipment (defined in sub. (2) ) for the purpose of process improvement which is accomplished without a capital expenditure may not by itself be considered a modification under this section.

(d) Facilities subject to s. NR 440.62 or 440.68 are excluded from this section.

(2)   Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02 or 440.62 .

(a) "Alaskan north slope" means the approximately 69,000 square mile area extending from the Brooks Range to the Arctic Ocean.

(b) "Equipment" means each valve, pump, pressure relief device, sampling connection system, open-ended valve or line and flange or other connector in VOC service. Compressors are considered equipment only for the purposes of recordkeeping and reporting.

(c) "In hydrogen service" means that a compressor contains a process fluid that meets the conditions in sub. (4) (b) .

(d) "In light liquid service" means that the piece of equipment contains a liquid that meets the conditions specified in sub. (4) (c) .

(e) "Petroleum refinery" means that facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through the distillation of petroleum or through the redistillation, cracking, or reforming of unfinished petroleum derivatives.

(f) "Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale and coal.

(g) "Process unit" means components assembled to produce intermediate or final products from petroleum, unfinished petroleum derivatives, or other intermediates; a process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the product.

(3)   Standards.

(a) Each owner or operator subject to the provisions of this section shall comply with the requirements of s. NR 440.62 (3) (a) to (j) as soon as practicable, but no later than 180 days after initial startup.

(b) An owner or operator may elect to comply with the requirements of s. NR 440.62 (4) (a) and (b) .

(c) An owner or operator may apply to the administrator for a determination of equivalency for any means of emission limitation that achieves a reduction in emissions of VOC at least equivalent to the reduction in emissions of VOC achieved by the controls required in this section. In doing so the owner or operator shall comply with requirements 40 CFR 60.484 , as in effect on July 1, 1994, and provide notice to the department of any determination of equivalency approved by the administrator.

(d) Each owner or operator subject to the provisions of this section shall comply with the provisions of s. NR 440.62 (6) except as provided in sub. (4) .

(e) Each owner or operator subject to the provisions of this section shall comply with the provisions of s. NR 440.62 (7) and (8) .

(4)   Exceptions.

(a) Each owner or operator subject to the provisions of this section may comply with the following exceptions to the provisions of s. NR 440.62 .

(b)

1. Compressors in hydrogen service are exempt from the requirements of sub. (3) if an owner or operator demonstrates that a compressor is in hydrogen service.

2. Each compressor is presumed not to be in hydrogen service unless an owner or operator demonstrates that the piece of equipment is in hydrogen service. For a piece of equipment to be considered in hydrogen service it shall be determined that the percent hydrogen content can be reasonably expected always to exceed 50% by volume. For purposes of determining the percent hydrogen content in the process fluid that is contained in or contacts a compressor procedures that conform to the general method described in ASTM E260-96, E168-92 or E169-93, incorporated by reference in (2) (a) 75., 73. and 74., respectively, shall be used.

3.

a. An owner or operator may use engineering judgment rather than procedures in subd. 2. to demonstrate that the percent content exceeds 50% by volume. When an owner or operator and the department do not agree on whether a piece of equipment is in hydrogen service however, the procedure in subd. 2. shall be used to resolve the disagreement.

b. If an owner or operator determines that a piece of equipment is in hydrogen service the determination can be revised only after following the procedures in subd. 2.

(c) Any existing reciprocating compressor that becomes an affected facility under provisions of s. NR 440.14 or 440.15 is exempt from s. NR 440.62 (3) (c) 1. , 2. , 3. , 4. , 5. and 8. , provided the owner or operator demonstrates that recasting the distance piece or replacing the compressor are the only options available to bring the compressor into compliance with the provisions of s. NR 440.62 (3) (c) 1. , 2. , 3. , 4. , 5. and 8.

(d) An owner or operator may use the following provision in addition to s. NR 440.62 (6) (e) : Equipment is in light liquid service if the percent evaporated is greater than 10% at 150 ° C as determined by ASTM D86-96, incorporated by reference in s. NR 440.17 (2) (a) 7.

History: Cr. Register, September, 1986, No. 369 , eff. 10-1-86; am. (1) (c) (2) (intro.), (3) (c), (4) (b) 2. and (a), Register, September, 1990, No. 417 , eff. 10-1-90 ; am. (3) (c), Register, December, 1995, No. 480 , eff. 1-1-96; CR 06-109 : am. (title), and (4) (b) 2. and (d) Register May 2008 No. 629 , eff. 6-1-08.