Chapter ATCP 93

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.

ATCP 93.050(52) (52) “ Hazardous substance storage tank system” means a storage tank system which contains a hazardous substance defined in section 101 (14) of CERCLA — but not including any substances regulated as hazardous wastes under subtitle C, or any mixture of such substances and petroleum products — and which is not a petroleum storage tank system.

ATCP 93.050(53) (53) “ Heating device” means equipment, fueled by liquids regulated by this chapter, intended to create or generate heat for the purpose of providing direct heat or heating another media for space heating, food processing, commercial and industrial manufacturing, or energy generation.

ATCP 93.050(54) (54) “ Heating fuel” or “heating oil” means petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 technical grades of fuel oil; other residual fuel oils, including Navy Special Fuel Oil and Bunker C; and other fuels when used as substitutes for one of these, including used oil or used cooking oils when used in an oil burner to provide space heat or processing heat for consumptive use on the property.

ATCP 93.050 Note Note: Heating fuel used to produce steam for power generation such as electricity or emergency power is not considered “heating fuel" or “heating oil" for purposes of the definition.

ATCP 93.050(55) (55) “ Housekeeping” means a facility management activity of keeping flammable, combustible and hazardous liquid storage organized and free of debris, vegetation, combustible goods and merchandise and non-essential combustible materials or products.

ATCP 93.050(57) (57) “Important building” or “important building or structure” means a building or structure that is not considered by the owner, the authorized agent or the department to be expendable in an exposure fire.

ATCP 93.050 Note Note: Examples include buildings occupied by one or more persons for other than incidental use, buildings that have a high-hazard use where products from fire can harm the community or the environment, control buildings that need the presence of personnel for orderly shutdown of important or hazardous processes, buildings that contain high-value contents or critical equipment or supplies, and buildings that are sited with respect to a storage tank system such that they will have a detrimental effect on release-response or fire-control activities.

ATCP 93.050(58) (58) “ Impressed current system” means a method of corrosion protection that generates cathodic current from an external, direct-current power source.

ATCP 93.050(59) (59) “ Intermediate bulk container” or “IBC” means a container that is manufactured and marked in accordance with 49 CFR 178, is intended for the storage of regulated substances within warehouses and other storage areas with automatic wet-pipe sprinkler systems, and has a liquid capacity of 793 gallons or less.

ATCP 93.050(60) (60) “ Interstitial monitoring” means a leak detection method that entails the surveillance of the space between a tank system's walls and the secondary containment system for a change in steady-state conditions.

ATCP 93.050(61) (61) “ Inventory controls” means techniques used to identify a loss of product that are based on volumetric measurements in the tank and reconciliation of those measurements with product delivery and withdrawal records.

ATCP 93.050(62) (62) “ Leak” means any discharge of a regulated substance from a point in a tank system or dispensing system, that is not intended to be a discharge or dispensing point.

ATCP 93.050 Note Note: See sub. (76) for a definition of “obvious release,” sub. (103) for a definition of “release” and sub. (113) for a definition of “suspected release.”

ATCP 93.050(63) (63) “ Leak detection” means determining whether a discharge of a regulated substance has occurred from a point in a storage tank system, that is not intended to be a discharge or dispensing point, such as a discharge into the interstitial space between the primary tank or piping and the secondary barrier or secondary containment around that tank or piping.

ATCP 93.050(64) (64) 

ATCP 93.050(64)(a) (a) “Liquid” means any material that has both a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM D5 at standard conditions of temperature and pressure, and a vapor pressure of 40 pounds per square inch absolute (psia) or lower at 100°F as determined by ASTM D323 or ASTM D4953, except as excluded under par. (c). For materials outside the scope of the ASTM D5 test, “liquid” means any material that both starts to melt at temperatures less than 100°F and has a vapor pressure of 40 psia or lower at 100°F, except as included under par. (c). In this subsection, “standard conditions of temperature and pressure” means a temperature of 60°F and a pressure of 14.7 psia.

ATCP 93.050 Note Note: A pressure of 14.7 pounds per square inch absolute is the typical atmospheric pressure at sea level, which varies with changes in altitude and weather. Everyday pressure measurements, such as with a tire-pressure gauge, typically begin with a zero reading at the atmospheric pressure.

ATCP 93.050(64)(b) (b) “Liquid” also means any material that is a viscous substance for which a specific melting point cannot be determined but which is determined to be a liquid in accordance with ASTM D4359, except as excluded under par. (c).

ATCP 93.050(64)(c) (c) “Liquid” does not include any asphalt substance that must be heated to at least 60°F at a pressure of 14.7 pounds per square inch absolute (psia) in order to make it fluid.

ATCP 93.050 Note Note: For example, #5 and #6 fuel oil do not meet the criteria for a liquid and therefore are not regulated by this chapter.

ATCP 93.050(65) (65) “ Listed and labeled” means equipment or materials to which has been attached a label or identifying mark by, and which is included in a list published by, an organization acceptable to the department that is concerned with product evaluation, that maintains periodic inspections of listed and labeled equipment or materials, and by whose labeling the manufacturer indicates compliance with appropriate standards or performance for a specified purpose.

ATCP 93.050(66) (66) “ Local program operator” or “LPO” means an entity, either public or private, under contract with the department to enforce the provisions of this chapter and provide tank system plan review and inspection services in a specific region of the state.

ATCP 93.050(67) (67) “ Lowest floor, story, cellar or basement” means the lowest space in which heavier-than-air vapors can accumulate.

ATCP 93.050(68) (68) “ Maintenance” means the normal operational upkeep to prevent a storage tank system from releasing product, or to maintain the structural and operational condition of any portion of the system. Maintenance activity is preventative in nature.

ATCP 93.050(69) (69) “ Marine-craft tank vehicle” means any tank having a liquid capacity of 110 gallons or more, used for carrying flammable or combustible liquids and mounted permanently or otherwise upon a vessel or barge capable of water transportation. The tank is not solely for the purpose of supplying fuel for the propulsion of, or support of equipment on, the vessel upon which the tank is mounted.

ATCP 93.050 Note Note: Section ATCP 93.130 requires marine-craft tank vehicles to have a material approval before being placed into service.

ATCP 93.050(70) (70) “ Mechanical monitoring” means a mechanical device not dependent upon electricity, installed to monitor tanks and piping for leaks.

ATCP 93.050 Note Note: An example is a mechanical line leak detector.

ATCP 93.050(71) (71) “ Monthly monitoring” means an approved electronic or non-electronic method of testing a tank or pipe for a leak at least monthly. The test shall detect a 0.2 gallon per hour leak rate with a probability of detection of 0.95 and a probability of false alarm of 0.05. For purposes of monitoring on a monthly cycle, the department will accept tests no further than 30 days apart.

ATCP 93.050(72) (72) “ Motor fuel” means flammable or combustible liquid that is used in the operation of an internal combustion or turbine engine.

ATCP 93.050(73) (73) “ Motor vehicle” means a self-propelled motor-driven vehicle that is used for moving people or products on land, water or air, except this term does not include any vehicle which is operated exclusively on a rail. “Motor vehicle” in this definition is intended to apply to motorized equipment transporting people and goods for pleasure, construction or commerce, rather than equipment dedicated to warehousing and yard operations, such as forklifts; or for grounds and facility maintenance, such as lawnmowers; or for amusement facilities, such as go-carts.

ATCP 93.050 Note Note: Based on this definition, fuel storage tanks on a railroad train or other motorized equipment which operates exclusively on a rail are regulated under this chapter and NFPA 30 as non-vehicle fueling tanks, and NFPA 30A does not apply to them.

ATCP 93.050(74) (74) “ New” means installed or constructed on or after November 1, 2019.

ATCP 93.050(75) (75) “ Non-discriminating” means not discriminating as to the type of liquid.

ATCP 93.050(76) (76) “ 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.

ATCP 93.050 Note Note: See sub. (62) for a definition of “leak,” sub. (103) for a definition of “release” and sub. (113) for a definition of “suspected release.”

ATCP 93.050(77) (77) “ Oil-burning equipment” means an oil burner of any type, together with its tank, piping, wiring, controls and related devices, and including all oil burners, oil-fired units and heating and cooking appliances.

ATCP 93.050(78) (78) “ Operational life” means the period beginning when installation of the tank system has commenced and extending to when the tank system either is closed in accordance with s. ATCP 93.460 or 93.560, or undergoes a change in service to store a non-regulated substance in accordance with s. ATCP 93.450 or 93.550.

ATCP 93.050(79) (79) “ Operator” means any person in control of, or having responsibility for, the daily operation of a storage tank system.

ATCP 93.050(80) (80) “ Owner” means either of the following:

ATCP 93.050(80)(a) (a) In the case of an in-use storage tank system, any person who owns at least the tank storage portion of a storage tank system used for storage or dispensing of regulated substances, or the person owning the property on which the storage tank system is located.

ATCP 93.050(80)(b) (b) In the case of a storage tank system not in use, any person who owned at least the tank storage portion of the storage tank system immediately before the discontinuation of its use, or the person owning the property on which the storage tank system is located.

ATCP 93.050(81) (81) “ Person” means an individual, trust, firm, joint stock company, federal agency, corporation, state, municipality, commission, political subdivision of a state, or any interstate body, and includes a consortium, joint venture, commercial entity, and the United States government.

ATCP 93.050(82) (82) “ Petroleum” means crude oil, crude oil fractions, and refined petroleum fractions, including gasoline, kerosene, heating oils, and diesel fuels.

ATCP 93.050(83) (83) “ Petroleum storage tank system” means a storage tank system that primarily contains petroleum products, such as motor fuels, jet fuels, fuel oils, lubricants, petroleum solvents, and used oil.

ATCP 93.050(84) (84) “ Pier” means any structure, such as a dock, which extends into navigable waters from the shore, with water on both sides, and which is built or maintained for the purpose of servicing watercraft, providing a berth for watercraft, or for loading or unloading cargo or passengers onto or from watercraft. A pier may be an open deck or solid-fill structure.

ATCP 93.050(85) (85) “ Pipe” or “piping” means a pressure-tight cylinder used to convey, transfer or move a fluid, and is ordinarily designated “pipe” in applicable material specifications. Materials designated as tube or tubing in the specifications are considered pipe when intended for pressure service. This term includes pipe emanating from or feeding storage tanks, or transferring product to or from storage tanks.

ATCP 93.050(85m) (85m) “Pipeline facilities,” including gathering lines, means new and existing pipe rights-of-way and any equipment, facilities, or buildings.

ATCP 93.050(86) (86) “ Pipe system” or “piping system” means the primary piping, secondary containment, leak detection devices, tubing, including suction line drop tube, flanges, bolts, gaskets, valves, fittings, flexible connectors, the pressure-containing parts of other components such as expansion joints and strainers, and devices that serve such purposes as mixing, separating, distributing, metering, or controlling flow, and any core components which allow the piping system to function as intended and in accordance with the installation requirements.

ATCP 93.050 Note Note: For a typical underground system, the pipe system would be from the point of connection at the tank to the connection to the dispenser, immediately downstream of the emergency shutoff valve.

ATCP 93.050(88) (88) “ Place of employment” has the meaning given in s. 101.01 (11), Stats.

ATCP 93.050(89) (89) “ Point-of-sale” or “POS” means a marketing or dispensing practice that accommodates a cash, credit card, key, personal identification number or similar dispenser-authorized transfer of fuel into a motor vehicle without the direct oversight, supervision or intervention of an employee of the fueling facility.

ATCP 93.050(90) (90) “ Precision tightness testing” or “precision tightness test” means a procedure for testing the ability of a tank system to prevent a release of a regulated substance, that is capable of detecting a 0.1 gallon per hour leak rate with a probability of detection of 0.95 and a probability of false alarm of 0.05.

ATCP 93.050(91) (91) “ Pressurized piping” means product piping that experiences product pressure above normal atmospheric pressure. Product pressure may be generated from a pump or static head of an aboveground storage tank.

ATCP 93.050(92) (92) “ Pressurized system” or “remote pumping system” means a dispensing system where the pump is not located at, or is remote from, the dispenser.

ATCP 93.050(93) (93) “ Product” means any regulated substance in a storage tank.

ATCP 93.050(94) (94) “ Public access fueling” means the use of a facility by persons who are not employees of the facility to dispense fuel into vehicles, or to transfer fuel for resale into vehicles that are not owned or operated by the facility.