Chapter ATCP 93

ATCP 93.020(6)(v) (v)

ATCP 93.020(6)(v)1. 1. A pipeline facility, including gathering lines, that is regulated under USC 49 chapters 601 and 603.

ATCP 93.020(6)(v)2. 2. An intrastate pipeline facility, including gathering lines, that is regulated under state laws as provided in USC 49 chapters 601 and 603 and which is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure, or as an integral part of a pipeline.

ATCP 93.020 Note Note: Chapter SPS 314 has fire prevention requirements that may apply to tanks which are not regulated by ch. ATCP 93, such as service tanks, and to portable tanks or containers which have a capacity of less than 110 gallons and which are used for flammable or combustible liquids, or for other liquids that are hazardous. Also, in conjunction with addressing the quality and retail sales of petroleum products, ch. ATCP 94 regulates containers which have a capacity of less than 275 gallons and which are used for storing gasoline or any other petroleum product that has a flash point of less than 100°F. Chapter ATCP 94 requires these containers to be colored red and appropriately labeled and prohibits using red containers for storing petroleum products that have a flash point of 100°F or more.

ATCP 93.020(7) (7) Differing rules.

ATCP 93.020(7)(a) (a) Where any department-written rule in this chapter differs from a requirement within a standard referenced in this chapter, the department-written rule shall govern.

ATCP 93.020(7)(b) (b) Where a rule prescribes a general requirement and another rule prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a).

ATCP 93.020(7)(c) (c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b).

ATCP 93.020(8) (8) Local regulations.

ATCP 93.020(8)(a) (a) This chapter does not limit the power of municipalities to make or enforce additional or more stringent regulations, provided the regulations do not conflict with this chapter or with any other rule of the department, except as provided in par. (b).

ATCP 93.020(8)(b) (b) A 1st class city may apply different requirements for administering plan review and inspections by the city.

ATCP 93.020 Note Note: As of November 1, 2019, only the City of Milwaukee is a 1st class city.

ATCP 93.020(9) (9) Retroactivity. The provisions of this chapter are not retroactively applied to existing facilities unless specifically stated in this chapter.

ATCP 93.020(10) (10) Interpretations. Under s. 168.23, Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.

ATCP 93.020 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (5) (a), (6) (v) 2., (8) (b) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.050 ATCP 93.050 Definitions. In this chapter:

ATCP 93.050(1) (1) “Aboveground storage tank” or “AST” means any vessel that has a liquid capacity of 110 gallons or more, is intended for fixed installation, is not solely used for processing and does not meet the definition of an underground storage tank.

ATCP 93.050(2) (2) “Accessible to the public” means any whole or part of property that, due to its location and commercial or public purpose, the public or a section of the public has or may reasonably be expected to have access.

ATCP 93.050(3) (3) “Aircraft” has the meaning given in s. 114.002 (3), Stats.

ATCP 93.050 Note Note: Section 114.002 (3), Stats., reads as follows:

ATCP 93.050 Note “Aircraft” means any contrivance invented, used or designed for navigation of or flight in the air, but does not include spacecraft.

ATCP 93.050(4) (4) “Airport” means any area of land or water that is designed for the landing and takeoff of aircraft, regardless of whether buildings are provided for the shelter, servicing, or repair of aircraft or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for aircraft, and all appurtenant rights of way, whether new or existing, which are either public, private, or federal.

ATCP 93.050(4m) (4m) “Airport hydrant system” means an underground storage tank system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.

ATCP 93.050(5) (5) “Alteration” means any modification to an installed tank system that involves cutting, drilling or welding on the tank shell or associated piping.

ATCP 93.050(6) (6) “Ancillary equipment” means any device, including such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of regulated substances to and from a storage tank.

ATCP 93.050(7) (7) “Annual” means a period of time less than or equal to 365 calendar days.

ATCP 93.050(8) (8) “Approved” means acceptable to the department.

ATCP 93.050(9) (9) “ATV” or “all-terrain vehicle” means a self-propelled motor-driven vehicle with wheels or tracks, used to transport people on land, snow, ice or water for purposes of sport or recreation and which cannot be licensed through the department of transportation for highway use.

ATCP 93.050(9m) (9m) “Authority having jurisdiction” means the department or an authorized agent responsible for approving equipment, installations or procedures.

ATCP 93.050(10) (10) “Authorized agent” means either a local program operator or a 1st class city or the authorized representatives of a 1st class city.

ATCP 93.050 Note Note: See sub. (66) for a definition of local program operator. As of November 1, 2019, only the City of Milwaukee is a 1st class city.

ATCP 93.050(11) (11) “Automatic leak detection” means a release or leak detection or monitoring system that will provide continuous 24 hour monitoring for the detection of a release or leak of vapor or product and immediately communicate the detection of the release or leak to an electronic signaling device.

ATCP 93.050(12) (12) “Automatic line leak detection” means a method of leak detection which alerts the operator to the presence of a leak without any manual effort on the part of the operator, including a device or mechanism that signals the presence of a leak by restricting or shutting off the flow of a hazardous substance through piping, or by triggering an audible or visual alarm, and which detects leaks of 3 gallons per hour at 10 psi line pressure within one hour.

ATCP 93.050(14) (14) “Biodiesel fuel” means a fuel that is comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats.

ATCP 93.050 Note Note: Under s. 168.14 (2m) (b) 2., Stats., pure biodiesel fuel is generally identified with the alphanumeric B100, and does not contain any petroleum product, any additive, or other foreign material. A fuel that is a blend of biodiesel and petroleum-based fuel generally has a volume percentage of the biodiesel fuel to the petroleum-based fuel of at least 2 percent. B20 would identify a blend as being 20 percent biodiesel and 80 percent petroleum-based fuel, by volume.

ATCP 93.050(15) (15) “Bulk plant” means that portion of a facility where flammable, combustible or hazardous liquids are stored or blended in bulk for the purpose of subsequently distributing such liquids beyond that portion of the facility. This term does not include a facility where such liquids are stored or blended only in intermediate bulk containers.

ATCP 93.050(16) (16) “Business day” means any day Monday to Friday, excluding Wisconsin legal holidays.

ATCP 93.050(17) (17) “CERCLA” means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

ATCP 93.050(18) (18) “Certified cathodic protection tester” means a person certified in accordance with this chapter who demonstrates an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping systems and metal tanks.

ATCP 93.050(19) (19) “Certified corrosion expert” means a person certified in accordance with this chapter who is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience.

ATCP 93.050(21) (21) “Certified installer” means either of the following:

ATCP 93.050(21)(a) (a) For aboveground tank systems, a person certified in accordance with this chapter to install and repair aboveground storage tank systems — and for underground tank systems, a person certified in accordance with this chapter to install and repair underground storage tank systems.

ATCP 93.050(21)(b) (b) A registered professional engineer who directly supervises an installation by being present during the activities specified in s. ATCP 93.240 (16) and (17), and who is competent in the engineering methods and requirements in Wisconsin for designing and installing storage tank systems for flammable, combustible or hazardous liquids.

ATCP 93.050(22) (22) “Certified remover-cleaner” means a person certified in accordance with this chapter to remove storage tank systems and to remove accumulated sludge and remaining product from tanks that are to be closed, undergo a change in service, or otherwise be completely emptied and made inert.

ATCP 93.050(22m) (22m) “Certified tank system inspector” means a person certified in accordance with this chapter to inspect storage tank systems.

ATCP 93.050(23) (23) “Certified tank system liner” means a person certified in accordance with this chapter to install interior linings for storage tanks.

ATCP 93.050(24) (24) “Certified tank system site assessor” means a person certified in accordance with this chapter to conduct tank system site assessments and to collect samples necessary for those assessments.

ATCP 93.050(25) (25) “Certified tank system tightness tester” means a person certified in accordance with this chapter to perform precision tightness testing to determine the presence of leaks in storage tank systems.

ATCP 93.050(26) (26) “Change in service” means continued use of a storage tank system in another regulated status, or continued use of a tank that previously stored a regulated substance, to store a non-regulated substance; or continued use of a tank that previously stored a non-regulated substance, to store a regulated substance.

ATCP 93.050 Note Note: An example of a “change in service” to another regulated status is an in-use tank that moves to temporarily out of service status. An example of “change in service” resulting from previously storing a regulated substance, to storing a non-regulated substance is a tank that is converted from storing heating oil to storing water.

ATCP 93.050(27) (27) “Class I liquid” means a flammable liquid.

ATCP 93.050 Note Note: See sub. (30) and Note for Class II and III liquids.

ATCP 93.050(28) (28) “Cleaned tank system” means a tank system that is free of all residue and vapors.

ATCP 93.050(29) (29) “Closure” means the procedure by which a tank system is evaluated and permanently rendered safe from contributing to human danger, fire, explosion, and environmental contamination at the facility where it is installed.

ATCP 93.050(30) (30) “Combustible liquid” means a liquid having a flash point at or above 100°F.

ATCP 93.050 Note Note: Under NFPA 30 section 4.3.2, combustible liquids are further classified as being Class II, IIIA, or IIIB liquids.

ATCP 93.050(31) (31) “Connected piping” means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which regulated substances flow. For the purpose of determining how much piping is connected to any individual underground storage tank system, the piping that joins 2 underground storage tank systems should be allocated equally between them.

ATCP 93.050(32) (32) “Construction project” means a site or project that is under development, renovation, or demolition and is temporary in nature and has restricted public access.

ATCP 93.050 Note Note: A construction project may involve a transportation corridor, building or structure, excavation or landscaping, or the replacement or upgrade of an existing storage tank system.

ATCP 93.050(33) (33) “Consumptive use” means consumed on the premises where the storage tank system is located.

ATCP 93.050(34) (34) “Continuous monitoring” means a leak detection method using equipment that routinely performs the required monitoring on a periodic or cyclic basis throughout each day.

ATCP 93.050(35) (35) “Contractor” means a person or firm undertaking to do work or supply goods or a service.

ATCP 93.050(36) (36) “Day” means any calendar day unless specifically stated otherwise in this chapter.

ATCP 93.050(37) (37) “Department” means the department of agriculture, trade and consumer protection.

ATCP 93.050(37m) (37m) “Direct supervision” means to assume the responsibility of an activity of others and its results by providing oversight and guidance at the site where the activity is being conducted.

ATCP 93.050(38) (38) “Dispenser” means a device or configuration of components consisting of a motor or fluid control, and an area for storing a hose nozzle valve with or without a pump, that dispenses and measures the amount of product dispensed by means of a mechanical or electronic metering mechanism.

ATCP 93.050(39) (39) “Dispensing” means the transfer of fuel into a vehicle or portable container from a storage tank system.

ATCP 93.050(40) (40) “Dispensing area” means a zone around the dispenser that extends a distance of 20 feet horizontally from the dispenser body, exclusive of the length of the hose and nozzle.

ATCP 93.050(41) (41) “Dispensing system” or “product transfer system” includes the dispensers, nozzles, dispensing hoses, suction fuel pump, pipe and any necessary core components between the emergency shutoff valve and dispensing nozzle that allow the dispensing system to function as intended and in accordance with the installation requirements.

ATCP 93.050 Note Note: In a typical fueling island, the dispensing system begins immediately downstream of the emergency shutoff valve, and all components upstream of that point, including the shut-off valve, are part of the tank system, as defined in sub. (115).

ATCP 93.050(42) (42) “Electronic monitoring” means an electrical device installed to monitor tanks or piping for leaks.

ATCP 93.050 Note Note: Typically, electronic monitoring uses an audible or visual alarm and may incorporate an automatic shutdown of the dispensing system. Examples include electronic line leak detectors and sump or interstitial liquid sensors.

ATCP 93.050(43) (43) “Empty tank system” means a tank system from which all materials have been removed using commonly employed practices so that no more than one inch of residue remains in the system.

ATCP 93.050(43g) (43g) “EPA” means United States environmental protection agency.

ATCP 93.050(43r) (43r) “Equivalency” means having the same degree of safety, health, or public welfare as contained in the requirements specified in this chapter.

ATCP 93.050(44) (44) “Excavation zone” means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation.

ATCP 93.050(45) (45) “Existing” means installed or in place since before November 1, 2019, unless context requires otherwise.

ATCP 93.050(46) (46) “Existing tank system” means a tank system used to contain an accumulation of regulated substances, or for which installation commenced, prior to November 1, 2019. Installation is considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the tank system site or installation of the tank system, and a continuous on-site physical construction or installation program has begun.

ATCP 93.050(47) (47) “Facility” means a plot of land developed or designated to serve a particular function.

ATCP 93.050(48) (48) “Farm premises” and “farming” have the meaning given in s. 102.04 (3), Stats.

ATCP 93.050 Note Note: Section 102.04 (3), Stats., reads as follows:

ATCP 93.050 Note As used in this chapter, ‘farming’ means the operation of farm premises owned or rented by the operator. ‘Farm premises’ means areas used for operations herein set forth, but does not include other areas, greenhouses or other similar structures unless used principally for the production of food and farm plants. ‘Farmer’ means any person engaged in farming as defined. Operation of farm premises shall be deemed to be the planting and cultivating of the soil thereof; the raising and harvesting of agricultural, horticultural or arboricultural crops thereon; the raising, breeding, tending, training and management of livestock, bees, poultry, fur-bearing animals, wildlife or aquatic life, or their products, thereon; the processing, drying, packing, packaging, freezing, grading, storing, delivering to storage, to market or to a carrier for transportation to market, distributing directly to consumers or marketing any of the above-named commodities, substantially all of which have been planted or produced thereon; the clearing of such premises and the salvaging of timber and management and use of wood lots thereon, but not including logging, lumbering or wood cutting operations unless conducted as an accessory to other farming operations; the managing, conserving, improving and maintaining of such premises or the tools, equipment and improvements thereon and the exchange of labor, services or the exchange of use of equipment with other farmers in pursuing such activities. The operation for not to exceed 30 days during any calendar year, by any person deriving the person’s principal income from farming, of farm machinery in performing farming services for other farmers for a consideration other than exchange of labor shall be deemed farming.

ATCP 93.050(49) (49) “Flammable liquid” means any liquid that has a flash point below 100°F.

ATCP 93.050 Note Note: Under NFPA 30 section 4.3.1, flammable liquids are classified as being Class I liquids and are subclassified as Class IA, IB, or IC liquids.

ATCP 93.050(50) (50) “Flash point” means the minimum temperature at which a liquid will give off sufficient vapor to form an ignitable mixture with air near the surface of the liquid or within the test vessel.

ATCP 93.050 Note Note: See NFPA 30 for the appropriate test method for a specific liquid.

ATCP 93.050(51) (51) “Free product” means any regulated substance that exists outside of a tank system, a dispenser system or a container for transporting the substance.

ATCP 93.050(51m) (51m) “Hazardous liquid” means any liquid that is a federally regulated hazardous substance as defined in s. 168.21, Stats.

ATCP 93.050 Note Note: The definition of federally regulated hazardous substances in s. 168.21 (3), Stats., corresponds to the CERCLA List of Hazardous Substances and Reportable Quantities contained in 40 CFR 302.4, Table 302.4.