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)(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)(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(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.
ATCP 93.050(96)
(96) “
Public used-oil collection center” means any used-oil collection facility that allows an individual who is not an employee of the facility to transfer used oil from a portable container into a storage tank.
ATCP 93.050(97)
(97) “Public way” means any public thoroughfare, sidewalk, dedicated alley, railroad, waterway or right-of-way. The point of measurement is from the engineered or natural borders of the vehicle or pedestrian traffic lanes.
ATCP 93.050(98)
(98) “
Readily accessible” means capable of being reached easily and quickly for operation, maintenance and inspection.
ATCP 93.050(99)
(99) “
Re-commission” means the process of returning a system, component or process to a code-complying, in-service condition.
ATCP 93.050(100)
(100) “Recreational vehicle” means any self-propelled motor-driven vehicle that is used for moving people typically off-road, on land, snow, ice or water for sport or recreation, such as snowmobiles and all-terrain vehicles.
ATCP 93.050(101)
(101) “Red-tag” means a red tag secured to a component of a storage or dispensing system, which gives notice that the system or the product stored is under enforcement action for failure to comply with the requirements of either this chapter or ch.
ATCP 94, and which prohibits operation of the system until the tag is removed by or under the direction of the authority having jurisdiction.
ATCP 93.050(102)
(102) “Regulated substance” means any flammable or combustible liquid and 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(103)
(103) “Release” means any discharge, including spilling, leaking, pumping, pouring, emitting, emptying, leaching, dumping or disposal of a regulated substance into groundwater, surface water or subsurface soils.
ATCP 93.050 Note
Note: See sub. (62) for a definition of “leak,” sub. (76) for a definition of “obvious release” and sub. (113) for a definition of “suspected release.”
ATCP 93.050(104)
(104) “Release detection” means determining whether a discharge of a regulated substance has occurred from a storage tank system into the environment.
ATCP 93.050(105)
(105) “Repair” means any work necessary to correct or restore a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, leak detection equipment, or other storage tank or dispensing system component that either has caused a suspected or obvious release or has failed to function properly.
ATCP 93.050(106)
(106) “Residential watercraft fueling facility” means that portion of a 1- or 2-family residential property where liquid fuels are stored in or dispensed for non-retail purposes from fixed equipment on land into the fuel tanks of self-propelled watercraft, including all facilities used for the storage, dispensing, and handling of flammable and combustible liquids.
ATCP 93.050(107)
(107) “Sacrificial anode system” means a method of corrosion protection that generates cathodic current from the galvanic corrosion of an expendable anode which is more electrochemically active than the structure being protected.
ATCP 93.050(108)
(108) “Secondary containment” means an approved barrier installed around a storage tank system that is designed to prevent a leak from the primary tank or piping from contacting the surrounding earth or the waters of the state before the leak can be detected and cleaned up.
ATCP 93.050(109)
(109) “Significant noncompliance” means the existence of one or more of the following:
ATCP 93.050(109)(a)
(a) A violation that causes, or may cause, a substantial, continuing risk to public health or the environment.
ATCP 93.050(109)(b)
(b) A violation that substantially deviates from a requirement of this chapter.
ATCP 93.050(109)(c)
(c) A violation that includes failure to install, maintain or operate equipment essential to preventing or detecting leaks.
ATCP 93.050(109)(d)
(d) A violation that is observed to reoccur repeatedly as a result of intentional or unintentional administrative or operational oversight.
ATCP 93.050(110)
(110) “Space heating” means heating of areas intended for occupancy or storage.
ATCP 93.050(111)
(111) “Storm water or wastewater collection system” means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.
ATCP 93.050(112)
(112) “Structure” means an assembly of materials forming a construction for occupancy, storage, use, shelter or weather protection meeting the definition of place of employment under sub.
(88) or public building under sub.
(95).
ATCP 93.050 Note
Note: The department does not consider a tank to be a structure although local or municipal regulations may classify a tank as a structure.
ATCP 93.050(113)(a)
(a) There is indication that a tank system or dispensing 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; unexplained presence of water in a tank; or activation of a leak detection alarm system — but there is no observable environmental evidence of a release.
ATCP 93.050(113)(b)
(b) There is observable environmental evidence of a release, such as soil discoloration or free product, but the source is unknown.
ATCP 93.050 Note
Note: See sub. (62) for a definition of “leak,” sub. (76) for a definition of “obvious release” and sub. (103) for a definition of “release.”
ATCP 93.050(114)
(114) “Tank” means a device designed to contain an accumulation of regulated substance and constructed of non-earthen materials such as concrete, steel, fiberglass or plastic, and including the following types of tanks, which have the following meanings:
ATCP 93.050(114)(a)
(a) “Abandoned tank” means an aboveground or underground tank with or without product that is not recognized by this chapter as in-use, temporarily out of service, or closed.
