reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter IV - General AST Storage › Section ATCP 93.400 - General requirements

Current through June 24, 2024
(1) ABOVEGROUND TANK DESIGN.
(a)
General.
Tanks designed
				  and built for underground use may not be used aboveground.
(b)
Tanks for Class I, II, or IIIA
				  liquids.
Tanks used for aboveground storage of Class I, II, or IIIA
				  liquids shall comply with the tank construction and marking requirements in s.
				  ATCP
				  93.250.
(c)
Tanks for Class IIIB
				  liquids.
Tanks which have a capacity of 1,100 gallons or more and
				  which are used for aboveground storage of Class IIIB liquids shall be listed or
				  shall be acceptable to the department.
Note:
See s.
					 ATCP
					 93.130(5) for listing and labeling
					 requirements for aboveground tanks.
(d)
Tank foundations.
Tank
				  foundations shall be designed to prevent uneven settling of the tank. Tank
				  supports shall be placed on a prepared, flat, smooth, and solid surface.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter IV - General AST Storage › Section ATCP 93.410 - Spill and overfill prevention

Current through June 24, 2024
(1)
(a) All aboveground storage tanks, whether
				  new or existing, shall have a means of overfill prevention which consists of
				  either a visual gauge, an audible or visual alarm, or a pump shutdown that
				  activates at 90 percent of the tank's capacity, and which complies with any
				  other applicable requirements in this section.
(b) Prior to delivery, the operator of the
				  product delivery equipment that is transferring the product shall ensure that
				  the volume available in the tank is greater than the volume of product to be
				  transferred to the tank.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter IV - General AST Storage › Section ATCP 93.420 - Secondary containment

Current through June 24, 2024
(1) APPLICATION. Aboveground storage tanks
				  using secondary containment as a method of spill control shall comply with the
				  secondary containment requirements in NFPA 30 section 22.11 and this section,
				  except this requirement does not apply to any of the following tanks:
(a) Tanks covered in ss.
				  ATCP
				  93.610(1) to (3) and 93.630.
Note:
Sections
					 ATCP
					 93.610(1) to (3) and 93.630 cover
					 tank wagons, movable tanks, tank vehicles, and aboveground farm
					 tanks.
(b) Tanks storing
				  Class IIIB liquids other than used oil.
Note:
Federal regulations, such as the Spill
					 Prevention Control and Countermeasure requirements in 40 CFR part 112, may also
					 apply to these tanks and be more restrictive but are not enforced by the
					 department.
(c) Tanks
				  storing Class IIIB liquids that are not in the same diked area as a tank
				  containing Class I, II, or IIIA liquids.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter IV - General AST Storage › Section ATCP 93.425 - Tank lining of aboveground storage tanks

Current through June 24, 2024
(1) The
				  installation or repair of tank linings or coatings for aboveground storage
				  tanks shall comply with API 652 and this section.
(2) The interior lining or coating of
				  aboveground storage tanks or the repair of such linings or coatings shall be
				  supervised and conducted by persons as required by the material
				  manufacturer.
(3) Any openings cut
				  for tank lining or similar purposes shall comply with API 653 for field-erected
				  tanks and STI SP031 for shop-built tanks.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter IV - General AST Storage › Section ATCP 93.430 - Vehicle collision protection

Current through June 24, 2024
(1) Permanent
				  vehicle collision protection shall be provided for any new or existing tank or
				  system component that could result in a release of product when damaged, in any
				  area where impact due to speed, turning, or backing of any type of motorized or
				  self-propelled vehicle is likely to occur, except for tanks covered in ss.
				  ATCP
				  93.610(1) to (3) and 93.630.
Note:
Sections
					 ATCP
					 93.610(1) to (3) and 93.630 cover
					 tank wagons, movable tanks, tank vehicles, and aboveground farm tanks.
Note:
Vehicle collision protection is required
					 for tanks located outside or inside a building in motorized-vehicle or
					 self-propelled-equipment traffic areas, where impact resulting from vehicle
					 speed, turning or backing is a risk factor. For example, vehicle collision
					 protection is required for tanks located adjacent to traffic areas that
					 accommodate public and fleet fueling, service and delivery vehicles,
					 self-propelled construction and service equipment, and forklift
					 equipment.
(2) At least 24
				  inches of clearance shall be provided between a vehicle impact barrier and the
				  tank or system component to be protected.
(3) Impact barriers shall be designed to
				  protect the tank or component from impact damage by the force of the largest
				  vehicle routinely in the traffic area traveling at 5 miles per hour or at the
				  average traveling speed, if higher than 5 miles per hour, except as provided in
				  sub. (4).
(4)
(a) For impact barriers designed primarily to
				  protect from the impact of automobiles, the portion determined to be most
				  vulnerable to vehicle impact shall be capable of withstanding a single impact
				  of 12,000-lb force applied at 10 miles per hour or equivalent impact
				  energy.
(b) The impact shall be
				  applied using a minimum 0.5-inch thick steel plate having a frontal surface
				  area of 12 inches by 12 inches centered at 18 inches above grade.
Note:
For many applications, the department
					 will accept either D.O.T. guardrails or 4-inch steel posts filled with
					 concrete, set at least 3 feet into the ground and spaced no more than 4 feet on
					 center.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter IV - General AST Storage › Section ATCP 93.440 - Aboveground tank inspection

Current through June 24, 2024
(1) APPLICATION. All
				  new and existing aboveground storage tanks shall be inspected in accordance
				  with this section.
(2) INSPECTION
				  OF FIELD-ERECTED METALLIC ABOVEGROUND STORAGE TANKS.
(a) Metallic aboveground storage tanks within
				  the scope of API 653 shall be inspected in accordance with API 653.
(b) Initial inspections shall be conducted as
				  required in Table 93.440.
(c)
1. The agency conducting an API 653
				  inspection shall report all applicable information from the inspection on an
				  API 653 tank inspection summary form supplied by the department.
Note:
TR-WM-119-API 653 Tank Inspection
					 Summary is available from the Bureau of Weights and Measures, P. O. Box 8911,
					 Madison, WI 53708-8911, or at telephone (608) 224-4942, or from the Bureau's
					 Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx
.
2. A copy of the API 653 tank inspection
				  summary shall be provided to the tank owner or operator along with the complete
				  API 653 inspection report.
(d) The tank owner or operator shall have the
				  API 653 inspection summary on site and available for inspection within 30 days
				  after receiving it from the agency that performed the inspection.
(e) For tanks undergoing a transition from
				  storing an unregulated substance to storing a regulated substance, any
				  inspection in Table 93.440 that has not occurred shall be performed before
				  putting the regulated substance into the tank. For the purposes of this
				  paragraph, the service date is the date the tank was initially placed into
				  service after construction.
Table 93.440
Inspection Type and Schedule
API 653 Inspection
								Type
First Required Inspection From Initial
								Service Date
Re-Inspection Frequency
In-Service
1 month
Monthly
External
5 years
Follow API 653
Ultrasonic, external
5 years
Follow API 653
Internal
10 years
Follow API 653
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter IV - General AST Storage › Section ATCP 93.445 - Seldom-used and temporarily out of service tank systems

Current through June 24, 2024
(1) OPERATIONAL
				  REQUIREMENTS. Owners or operators of aboveground seldom-used and temporarily
				  out of service tanks shall comply with the applicable requirements of s.
				  ATCP
				  93.545(1).
(2) PLACING A TANK BACK INTO SERVICE.
(a) The respective API 653 or STI SP001
				  inspection cycle shall be current for a tank before it is placed back into
				  service.
(b) All leak detection,
				  overfill, vent and fire valve devices shall be verified as functional before
				  being placed back into service.
(c)
1. Tank systems out of service for more than
				  365 days shall pass a tightness test of the tank ullage portion in accordance
				  with s.
				  ATCP
				  93.515(10), to assure that tank
				  connections are liquid- and vapor-tight before the tanks are placed back into
				  service.
2. Field-erected tank
				  systems out of service for more than 365 days shall be evaluated for
				  suitability for service in accordance with API 653, to assure that the tank and
				  tank connections are liquid- and vapor-tight before the tanks are placed back
				  into service.
3. Underground
				  product piping out of service for more than 365 days shall pass a tightness
				  test in accordance with s.
				  ATCP
				  93.515(4).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter IV - General AST Storage › Section ATCP 93.450 - Change in service to store a non-regulated or a regulated substance

Current through June 24, 2024
Owners or operators of aboveground tanks shall comply with
					 the change-in-service requirements of s.
					 ATCP
					 93.550, except a revised registration for aboveground
					 tanks, form TR-WM-118, shall be completed and submitted.
Form TR-WM-118 - Aboveground
						Flammable/Combustible/Hazardous Liquid Storage Tank Registration is available
						from the Division of Trade and Consumer Protection, P. O. Box 8911, Madison WI,
						53708-8911, or at telephone (608) 224-4942, or from the Division's Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx
.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter IV - General AST Storage › Section ATCP 93.460 - Closure of aboveground tanks

Current through June 24, 2024
(1) GENERAL. Owners
				  or operators of aboveground tanks shall comply with the closure requirements of
				  s.
				  ATCP 93.560,
				  except as provided in this section.
(1m) TANK REMOVAL. Tanks shall be removed
				  from the site within one year of closure.
(2) CERTIFICATIONS. Certified persons are not
				  required to perform the following closure functions:
(a) Cleaning and removal of heating fuel
				  tanks, at 1- and 2-family dwellings, that are located aboveground or in the
				  basement.
(b) Cleaning and removal
				  of field-erected tanks.
(c)
				  Cleaning and removal of tanks storing a Class III liquid that is neither
				  petroleum nor CERCLA-listed.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter IV - General AST Storage › Section ATCP 93.465 - Tank-system site assessment

Current through June 24, 2024
(1) GENERAL.
(a) Tank-system site assessments for
				  aboveground tanks shall comply with this section and the assessment
				  requirements in s.
				  ATCP
				  93.580, except as provided in sub. (2).
(b) Tank-system site assessments for
				  aboveground storage tank systems shall include assessment of any underground
				  piping, the loading rack or transfer area, and the area under each tank; and
				  shall be performed after notifying the authorized agent or the department but
				  before completing any permanent closure.
Note:
For further information on sampling and
					 reporting for these assessments, see the department's
Tank System Site
					 Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious
					 Releases From Underground and Aboveground Storage Tank Systems
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx
.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter IV - General AST Storage › Section ATCP 93.470 - Responding to a leak, spill, overfill, or release

Current through June 24, 2024
Owners or operators, contractors, and fuel-delivery
					 persons for aboveground tanks shall comply with the requirements relating to
					 the presence of a leak, spill, overfill or release, and the assessment of, and
					 response to a leak or release, in ss.
					 ATCP
					 93.570 to 93.585.
In s.
						ATCP
						93.585, releases are required to be reported to the
						department of natural resources. Failure to notify the DNR of a release may
						have serious consequences - such as forfeitures under s.
						168.26, Stats., of $10
						to $5000 for each violation. Each day of continued violation is a separate
						offense, and under s.
						ATCP 93.180, each tank
						that is in violation is a separate
						offense.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.500 - General requirements

Current through June 24, 2024
(1) SECONDARY CONTAINMENT.
(a)
General.
All new and
				  replacement underground storage tanks and piping systems shall be provided with
				  secondary containment and continuous electronic interstitial monitoring, except
				  as provided in par. (b).
Note:
This section is coordinated with the
					 federal Energy Policy Act of 2005, which addresses secondary containment for
					 federally regulated tanks or piping installed within 1,000 feet of any
					 community water system or any potable drinking water well, and which requires
					 interstitial monitoring for any associated double-wall tanks or
					 piping.
(b)
Exceptions.
This subsection and sub. (5) do not apply to any
				  of the following:
1. Any farm or residential
				  underground storage tank system which has a capacity of less than 1,100 gallons
				  and which is used for storing motor fuel for noncommercial purposes.
2. Any underground storage tank system which
				  has a capacity of less than 4,000 gallons and which is used for storing heating
				  oil for consumptive use on the premises where stored.
5. Airport fuel hydrant
				  systems.
(c)
Electronic interstitial monitoring.
1. Electronic interstitial monitoring
				  installed in new tank or pipe systems after November 1, 2019, shall have the
				  ability to generate a printed status report and alarm history report, except as
				  provided in subd. 2.
2. Subdivision
				  1. does not apply to any interstitial monitoring device for piping that
				  automatically shuts down product flow when liquid is detected inside the
				  secondary-containment space.
(d)
Motor fuel dispenser
				  containment.
All new motor fuel dispensing systems and all new
				  dispensers added to an existing island or to an extension of existing pipe
				  shall have under-dispenser containment.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.503 - Product inventory verification at retail facilities

Current through June 24, 2024
(1) This section
				  applies to any tank system from which products are offered for retail sale to
				  the public that are subject to the requirements of ch. ATCP 94.
Note:
Inventory verification can be
					 particularly effective during regulatory investigations of consumer complaints
					 about the quality of purchased fuels.
Note:
The inventory verification specified in
					 this section is not required to conform to the inventory control specifications
					 in API 1621.
(2) To verify
				  and maintain the integrity and quantity of delivered products, product
				  inventory verification shall be conducted monthly for the life of the tank
				  system, and reconciled on a monthly basis, in the following manner:
(a) Inventory volume measurements for
				  regulated substance inputs, withdrawals, and the amount still remaining in the
				  tank are recorded each operating day.
(b) The equipment used is capable of
				  measuring the level of product over the full range of the tank's height, to the
				  nearest one-eighth of an inch.
(c)
				  The regulated substance inputs are reconciled with delivery receipts by
				  measurement of the tank inventory volume before and after delivery. Where tanks
				  are interconnected by a manifold, reconciliation may address all of the
				  interconnected tanks as a group rather than as individual tanks.
(d) Product dispensing is metered and
				  recorded in accordance with applicable requirements in ch. ATCP 92 for meter
				  calibration or an accuracy of 6 cubic inches for every 5 gallons of product
				  withdrawn.
(e) The measurement of
				  any water level in the bottom of the tank is made to the nearest one-eighth of
				  an inch at least once a month.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.505 - Spill and overfill prevention

Current through June 24, 2024
(1) GENERAL.
(a) Prior to delivery, the operator of the
				  fuel delivery equipment that is transferring the product shall ensure that the
				  volume available in the tank is greater than the volume of product to be
				  transferred to the tank.
(b) The
				  transfer operation shall be monitored constantly by the operator of the
				  delivery equipment so as to prevent overfilling and spilling.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.510 - Leak detection requirements

Current through June 24, 2024
(1) GENERAL.
(a) All new and existing underground tank
				  systems used to store regulated substances shall be provided with a method of
				  leak detection that complies with this section and s.
				  ATCP
				  93.515, except as exempted in par. (d).
(b) The method of leak detection shall be
				  approved in accordance with s.
				  ATCP
				  93.130.
(c) All monitoring equipment used to satisfy
				  the requirements of this section shall be installed, calibrated, operated, and
				  maintained to perform as originally intended in accordance with the
				  manufacturer's instructions and the department's approval as issued under s.
				  ATCP
				  93.130.
(d) Leak detection is not required for any of
				  the following tanks:
1. Tanks which have a
				  capacity of less than 1,100 gallons and which are located on farm premises or
				  at private residences.
2. Tanks
				  storing Class IIIB liquids that are neither petroleum nor CERCLA-listed
				  products.
(e) If a tank
				  system exhibits a continuing pattern of failing and then not failing leak
				  detection testing, a precision tightness test shall be performed within 10
				  business days in accordance with s.
				  ATCP
				  93.515(4), and if a tank system fails
				  to pass that test, the site shall be assessed for the presence of a release in
				  accordance with ss.
				  ATCP
				  93.575 to 93.585.
Note:
This section primarily addresses the
					 leak detection that is required on a routine, ongoing basis during normal
					 operation of an underground storage tank system. Several other sections of this
					 chapter require additional UST leakage or tightness testing.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.515 - Leak detection methods

Current through June 24, 2024
(1) GENERAL.
(a) Leak detection methods for tank systems
				  shall meet the requirements of this section.
(b) The leak detection test information
				  reports submitted to the department, or maintained on site as required in s.
				  ATCP
				  93.500(9), shall include at least all
				  of the following:
1. Site information
				  including the name of the business, the street address, and the municipality in
				  which the site is located.
2. Tank
				  system information including the department-assigned tank identification
				  number, the site identification number designated by the owner or operator, the
				  tank capacity, the product in the tank, the type of pipe system, and whether
				  there are pipe manifolds in the tank system.
3. Test method information including the name
				  of the method or equipment used, the material approval number as issued under
				  s.
				  ATCP
				  93.130, the date the test was performed, the threshold
				  value used to declare a leak, the rate of volumetric change, whether the final
				  result was a pass or fail, and the name and certification of the technician
				  performing the test.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.517 - Airport hydrant system requirements

Current through June 24, 2024
(1) GENERAL.
(a) Airport hydrant system installations
				  shall comply with release reporting, response and investigation, closure,
				  financial responsibility and notification requirements in accordance with this
				  section.
(b) New installations
				  shall meet the plan review requirements in accordance with s.
				  ATCP
				  93.100.
(c) New or existing installations shall meet
				  the requirements of subch. V unless specified otherwise in this
				  section.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.520 - Corrosion protection

Current through June 24, 2024
(1) GENERAL.
(a)
Where required.
Vent
				  lines, vapor lines and any portion of a single or double-wall tank system,
				  whether new or existing, that routinely contains product and is in contact with
				  the ground or with water shall be protected from corrosion by one of the
				  following methods:
1. The tank and piping are
				  constructed of an inherently corrosion-resistant material.
2.
a. The
				  tank and piping are installed at a site that is determined by a certified
				  corrosion expert to be non-corrosive during the operational life of the
				  system.
b. A certified corrosion
				  expert retained for the purpose of determining a non-corrosive site shall make
				  at least one personal visit to each tank site during the design stage.
Note:
See ATCP Table 93.200-5 for information
					 on contacting NACE.
3. The tank is a listed composite or jacketed
				  tank designated as complying with UL 1746, and the piping is protected by one
				  of the methods in this subsection.
Note:
In addition to composite and jacketed
					 tanks, the UL 1746 standard also includes requirements for coated tanks and
					 tanks with pre-engineered cathodic protection systems. These last 2 types of
					 cathodic protection are not included in the blanket approval under this
					 section.
4. The tank and
				  piping are protected with a sacrificial anode system in accordance with a
				  standard developed by a nationally recognized association or independent
				  testing laboratory that is acceptable to the department.
5.
a. The
				  tank and piping are protected with a corrosion protection system designed by a
				  certified corrosion expert and comply with either sub. (2) or (3).
b. A corrosion expert retained for the
				  purpose of designing an impressed current corrosion protections system shall
				  make at least one personal visit to each tank site during the design stage.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.530 - Tank lining of underground storage tanks

Current through June 24, 2024
(1) GENERAL.
(a) The installation of interior tank lining
				  for underground storage tanks shall comply with API 1631 and this
				  section.
(b) An underground storage
				  tank that does not meet the structural requirements specified in API 1631 may
				  not be upgraded or repaired by lining and shall be permanently closed in
				  accordance with this chapter.
(c)
				  When lining a tank, an access way for an inspector to enter the tank shall be
				  installed from the tank interior to finished grade, if not already
				  provided.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.535 - Periodic inspection and repair of lined tanks

Current through June 24, 2024
(1)
(a) The owner of a lined tank shall obtain an
				  internal inspection of the tank lining within 5 years after the date of initial
				  tank lining, or repair to a previously installed tank lining, and at least
				  every 5 years thereafter.
(b) This
				  section applies whether or not cathodic protection has been added to the tank
				  system.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.545 - Seldom-used and temporarily out of service tank systems

Current through June 24, 2024
(1) OPERATIONAL
				  REQUIREMENTS. When a storage tank system is placed temporarily out of service,
				  the owner or operator shall comply with all of the following:
(a) Notify the department of the registration
				  change in accordance with s.
				  ATCP 93.140(2)
				  (d).
(b) Maintain tank permits in accordance with
				  s.
				  ATCP
				  93.145.
(c) Maintain financial responsibility in
				  accordance with subch. VII.
(d)
				  Operation and maintenance of corrosion protection shall be continued.
(e)
1. The
				  tank, piping, dispensing equipment, lines, pumps, manways, and other ancillary
				  equipment shall be secured to prevent tampering, except as exempted in subd.
				  2.
2. Facilities that are in
				  operation and secured against general public access are not required to have
				  the additional security required in subd. 1. All vent lines shall be left open
				  and functioning.
(f) All
				  inspections, maintenance, and periodic testing shall be performed as if the
				  tank were still in service.
(g)
				  Requirements for tanks with product:
1.
				  Product must be removed from tanks if they have been in TOS status for 12
				  months.
2. Product must be tested
				  and meet ASTM standards prior to bringing the tank back into service.
3. Leak detection shall be maintained in
				  accordance with this chapter.
(h) Requirements for tanks without product:
1. The tank system is empty when all liquid
				  has been removed from the tank and the associated piping so that no more than
				  one inch of residue remains in the system.
2. The tank shall be protected against
				  flotation caused by flooding or soil saturation.
(j) Single-walled tanks or piping installed
				  more than 30 years ago shall be placed back into service within one year or be
				  permanently closed per s.
				  ATCP
				  93.560.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.550 - Change in service to store a non-regulated or a regulated substance

Current through June 24, 2024
(1)
				  When a tank system that held a regulated substance undergoes a change in
				  service to store a non-regulated substance, the owner or operator shall comply
				  with all of the following requirements:
(a)
				  At least 5 business days before beginning a change in service, the owner or
				  operator shall notify the authorized agent or the department of the intended
				  change.
(b) Before a change in
				  service, the owner or operator shall have the tank emptied and cleaned, by
				  removing all liquid and accumulated sludge in accordance with the procedures
				  specified in API 2015.
(c) A tank
				  system integrity assessment, and, if necessary, a tank system site assessment
				  shall be performed for the tank system in accordance with ss.
				  ATCP
				  93.575 to 93.585 after notifying the authorized agent
				  or the department but before completing the change in service.
(d) Cleaning of tanks and tank system site
				  assessments shall be performed by persons certified in accordance with s.
				  ATCP 93.240(14) to
				  (21).
(e) The owner shall have a revised tank
				  registration, form TR-WM-137, and part A of the department's tank system
				  service and closure assessment report, form TR-WM-140, completed and submitted
				  to the department within 21 business days of changing a tank system to storage
				  of a non-regulated substance.
Note:
Form TR-WM-137 - Underground
					 Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form
					 TR-WM-140 - Tank System Service and Closure Assessment Report are available
					 from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911,
					 or at telephone (608) 224-4942, or from the Bureau's Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx
.
(f) The change in service shall occur within
				  60 days after in-use or temporarily out of service status is terminated.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.560 - Tank system closure

Current through June 24, 2024
(1) NOTIFICATION.
(a) At least 5 business days before beginning
				  permanent closure of a tank system, the owner or operator or designee shall
				  notify the authorized agent or the department of the intended closure on form
				  TR-WM-121, except a shorter notification period is permitted where unexpected
				  closure is commenced upon finding adverse conditions during a corrective action
				  conducted under s.
				  ATCP
				  93.585.
(b) Any date or time changes to the original
				  submitted notification form, TR-WM-121, shall be requested at least one
				  business day prior to the original date or time. The new date or time must be
				  later than the original date or time.
Note:
Form TR-WM-121 - ATCP 93 Notification
					 Record is available from the Bureau of Weights and Measures, PO Box 8911,
					 Madison, WI 53708-8911, or at telephone (608) 224-4942, or from the Bureau's
					 Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx
.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.565 - Abandoned tank system closure

Current through June 24, 2024
(1) GENERAL. Tank
				  systems that are abandoned with or without product shall be closed within 60
				  days of non-compliance with s.
				  ATCP
				  93.545 or in-use tank system requirements.
(2) EXCEPTIONS. Abandoned tank systems that
				  are less than 30 years old or of double-wall construction may be returned to
				  service if they all of the following conditions:
(a) Apply for permits to operate in
				  accordance with s.
				  ATCP
				  93.145.
(b)
1. The
				  integrity of a fiberglass tank shall be assessed and certified by the
				  manufacturer or a qualified professional engineer. The assessment shall include
				  an internal inspection and certification that the tank is suitable for
				  continued service.
2. The integrity
				  assessment of a steel tank shall be performed in accordance with API 1631.
a. Tanks that have an overall average tank
				  metal thickness or an average tank thickness of a designated thin wall area of
				  less than 75 percent or any through-wall perforations shall be immediately
				  closed per s.
				  ATCP
				  93.560.
b.
				  Tanks that have an overall average tank metal thickness or an average tank
				  thickness of a designated thin wall area of 75 percent to 85 percent shall have
				  an impressed current system installed per s.
				  ATCP
				  93.520 or be immediately closed per s.
				  ATCP
				  93.560.
c.
				  The certification and report of the assessment shall be submitted to the
				  department for approval prior to adding product to the
				  tank.
3. Cathodically
				  protected tanks shall meet the requirements of s.
				  ATCP
				  93.520.
4.
				  Precision testing of the entire tank system without product shall be performed
				  per s.
				  ATCP
				  93.515(4) by a certified tank system
				  tightness tester.
5. A complete
				  underground tank system functionality verification shall be conducted per s.
				  ATCP
				  93.510(2). Form TR-WM-139 documenting
				  the verification shall be submitted to the department.
6. The tank system shall fully comply with
				  this chapter before being placed back into service, except double-wall
				  construction is not newly required for tank systems installed before February
				  1, 2009.
7. The tank system shall
				  pass a department storage tank system inspection conducted in accordance with
				  this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.570 - Conditions indicating a release

Current through June 24, 2024
The owner or operator of a storage tank system shall
					 follow the procedures in s.
					 ATCP
					 93.575 when any of the following conditions exist or
					 when ordered to do so by the department:
(1) OPERATING CONDITIONS. Unusual operating
				  conditions exist, such as erratic behavior of product dispensing equipment,
				  loss of product from the tank system, an unexplained presence of water in the
				  tank, or water or product in the interstitial space of a secondarily contained
				  system.
Note:
Significant damage to equipment would be
					 considered to be an unusual operating condition that could result in needing to
					 perform the assessments specified in s.
					 ATCP
					 93.575.
(2) MONITORING RESULTS. Results from a leak
				  detection method, including an alarm, indicate that a release may have
				  occurred.
(3) OFF-SITE IMPACTS.
				  Off-site impacts appear, such as the presence of contaminated soils or free
				  product, dissolved phase product or vapors in soils, basements, sewer or
				  utility lines, or nearby waters of the state.
(4) INVENTORY VERIFICATION. Inventory
				  verification results indicate that a required method of leak detection has
				  failed.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.575 - Tank-system integrity assessment

Current through June 24, 2024
(1) GENERAL. The
				  owner or operator shall assess all suspected or obvious releases in accordance
				  with sub. (2) within 7 business days of discovery of any of the conditions
				  described in s.
				  ATCP
				  93.570, unless any of the following conditions occur:
(a) System equipment or the monitoring device
				  is found to be defective and is immediately repaired, recalibrated or replaced,
				  and additional monitoring does not confirm the initial result.
(b) Inventory control is the method of leak
				  detection, as allowed by s.
				  ATCP 93.510(3)
				  (d), and the data is reevaluated using an
				  additional 7 days of data, and the reevaluation does not show a
				  loss.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.580 - Tank-system site assessment

Current through June 24, 2024
(1) GENERAL. When a
				  tank-system site assessment is required by this chapter, or when directed by
				  the department, the owner or operator shall have the site evaluated for the
				  presence of a suspected or obvious release in accordance with sub. (3).
Note:
An "obvious release" means there is an
					 indication of a release, and there is both environmental evidence, such as soil
					 discoloration, observable free product, or odors - and a known source, such as
					 a tank or piping with cracks, holes or rust plugs, or leaking joints. A
					 "suspected release" means either of the following:
(a) There is an indication that a tank system
				  has leaked - such as inventory losses; observable free product or evidence of
				  free product in secondary containment at dispensers, submersible pumps or spill
				  buckets; petroleum odors; or leak detection alarm system activation - but there
				  is no observable environmental evidence of a release; or
(b) There is observable environmental
				  evidence of a release, such as soil discoloration or free product, but the
				  source is unknown.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter V - General UST Storage and Underground Piping › Section ATCP 93.585 - Responding to a leak, spill, overfill or release

Current through June 24, 2024
(1) GENERAL.
(a)
Leaks.
Immediately upon
				  discovery of any evidence of a leak from a tank system or dispensing system,
				  the owner or operator or any contractor performing work under this chapter
				  shall take all measures necessary to stop the leak and to prevent migration of
				  any free product into the environment.
(b)
Releases.
Immediately
				  upon confirming any suspected release or discovering any obvious release, the
				  owner or operator shall investigate the extent of contamination, and undertake
				  corrective and mitigation actions in accordance with s.
				  292.11(3),
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter VI - Dispensing of Motor Fuels › Section ATCP 93.600 - Applicability

Current through June 24, 2024
This subchapter applies to all new and existing motor fuel
					 dispensing facilities, except where specified otherwise.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter VI - Dispensing of Motor Fuels › Section ATCP 93.615 - Fuel dispensing systems using aboveground fixed tanks

Current through June 24, 2024
(1) GENERAL.
				  Aboveground fixed-tank fuel dispensing facilities shall comply with NFPA 30,
				  NFPA 30A, PEI RP200, ss.
				  ATCP
				  93.445 to 93.470, and this section.
(2) DURATION OF USE. There is no limit on the
				  duration of use for a fixed-tank fuel dispensing facility, provided the system
				  is installed, operated and maintained in compliance with this
				  chapter.
(3) LOCATION AND TYPE OF
				  USE.
(a) A fixed-tank fuel dispensing
				  facility may be used for any type of fueling, subject to the requirements of
				  this chapter.
(b) A fixed-tank fuel
				  dispensing facility shall be used for all of the following types of fueling:
1. Public access fueling of trucks,
				  automobiles, and portable containers.
2. General fueling of fleet vehicles, except
				  where a tank vehicle is allowed under s.
				  ATCP
				  93.610(3).
3. Fueling from aboveground tanks at a farm
				  premises or a construction project, which have a capacity of 1,100 gallons or
				  more or which do not meet the required setbacks.
4. Fueling from tanks that are used on the
				  same premises for more than 2 years, unless otherwise allowed under this
				  chapter.
5. Aircraft fueling in
				  accordance with the dispensing requirements in s.
				  ATCP
				  93.650, except where use of tank vehicles is also
				  allowed, in accordance with the requirements for tank vehicles in s.
				  ATCP
				  93.610(3).
6. Watercraft, snowmobile and ATV fueling in
				  accordance with the dispensing requirements in s.
				  ATCP
				  93.640, except as provided in s.
				  ATCP
				  93.640(4) and (5) for residential
				  watercraft and emergency fueling.
Note:
Section
					 ATCP
					 93.640(4) has requirements for
					 residential non-public fueling of watercraft. Section
					 ATCP
					 93.640(5)  allows watercraft to be
					 fueled from a tank vehicle under emergency
					 conditions.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter VI - Dispensing of Motor Fuels › Section ATCP 93.620 - Public access motor vehicle fueling operations

Current through June 24, 2024
(1) GENERAL.
(a) Public access fueling operations shall
				  follow the operational requirements of NFPA 30A and this section.
(b) When the product dispensed from a tank
				  system is changed from a Class I liquid to a Class II or III liquid, the
				  department's corresponding district inspection office shall be notified, and
				  the new product shall be tested and approved before being dispensed.
Note:
Under ch. ATCP 94, similar notification
					 and approval is required for changing from storing a Class II or III liquid to
					 storing a Class I liquid.
Note:
See the department's Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx
for inspector contact information.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter VI - Dispensing of Motor Fuels › Section ATCP 93.630 - Fuel storage and dispensing at farms and construction projects

Current through June 24, 2024
(1) GENERAL.
(a)
Aboveground tanks.
This
				  section applies to aboveground storage tank systems for fueling operations at a
				  farm premises or construction project. Such tanks shall comply with NFPA 30A
				  chapter 13 and this section.
(b)
Limitations on location and type of use.
The tanks may not be
				  used for fueling vehicles unless the vehicles are dedicated to the operation of
				  the farm premises or construction project.
(c)
Specifications for
				  tanks.
1. The tanks shall be
				  constructed in accordance with NFPA 30A chapter 13 and this section.
2. Nozzles on gravity systems may not have a
				  latch-open device.
3. There is no
				  minimum required setback between the tank and the dispenser.
(d)
Operations involving
				  tanks.
Operations shall be in accordance with NFPA 30A chapter
				  13.
(e)
Security.
The tank system shall be equipped so the hose, hanger, or outlet valve can be
				  locked to prevent tampering.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter VI - Dispensing of Motor Fuels › Section ATCP 93.640 - Watercraft, snowmobile and ATV fueling

Current through June 24, 2024
(1) GENERAL
				  REQUIREMENTS.
(a)
General.
Use of aboveground storage tank systems and fueling operations for watercraft,
				  snowmobiles, and ATVs shall comply with NFPA 30A chapter 11, the requirements
				  for dispensing systems in s.
				  ATCP
				  93.615, and the requirements of this section, except
				  as otherwise approved under this chapter.
(b)
Tank location.
1. Aboveground tanks located on land shall be
				  set back at least 10 feet from the ordinary high water mark of a navigable body
				  of water.
Note:
The ordinary high water mark is
					 determined by the county zoning department or the department of natural
					 resources.
Note:
The municipality in which the tank is
					 located may have additional requirements for the siting of the
					 tank.
2. Tanks shall follow
				  the setback requirements of Table 93.615-A, except that there is no required
				  separation between the tank and the dispenser if the tank is used exclusively
				  for watercraft, snowmobile, or ATV fueling.
(c)
Tank appurtenances.
1. Any dispenser used for a fueling operation
				  above or within 100 feet of navigable water shall use a dry-break connection or
				  a listed no-drip nozzle with automatic shutoff.
2. A nozzle latch-open device may not be
				  installed or used above or within 100 feet of navigable water.
(d)
Hose.
Hose
				  lengths more than 18 feet long, used for dispensing fuel, shall be reeled,
				  racked, or otherwise protected from damage.