Tank systems undergoing installation that are not in compliance with this chapter, until the certified installer, professional engineer or owner obtains a petition for variance or code interpretation from the department showing that the action in question provides an equivalent degree of fire and environmental protection as the requirement in this chapter.
Tank systems that have experienced a lapse in financial responsibility required under subch. VII
, until financial responsibility is obtained and the tank system is issued a permit to operate.
Tank systems used to store liquids that have been shown to be corrosive, reactive or otherwise incompatible with materials used in the construction of the tank system.
Tank systems with any breach that has the potential for liquid or vapor release, discovered as a result of an actual leak or a leak detection test, until the breach is repaired or otherwise corrected.
Tank systems that undergo a change of ownership in violation of s. ATCP 93.150
, until all the requirements of that section are met.
Shutdown after investigation or inspection.
The following tank systems shall be subject to shutdown after investigation or inspection:
Tank systems or their components for which there is clear evidence of a release to the environment.
ATCP 93.115 Note
Note: Data sources that can yield evidence of these releases include inventory records, precision tightness testing results, and leak detection system results.
Tank systems that show evidence of attempts to mislead the authorized agent or the department regarding code compliance.
ATCP 93.115 Note
Note: Examples of this evidence include obviously falsified records, sensors that are altered or rendered inoperative, or spill and overfill prevention equipment that has been tampered with or altered.
Tank systems or components are subject to shutdown for a continuing code violation under this chapter, provided all of the following conditions are met:
An order, allowing a period for compliance of at least 15 days, is issued with a specific compliance date.
The reinspection made after the specified compliance date shows that compliance has not been achieved.
If compliance is not achieved by the 15-day compliance date as in subd. 1. a.
, any additional inspections may result in a reinspection fee per the special inspection fees listed in s. ATCP 93.1605 (5)
The owner or operator shall provide the authorized agent or the department with all of the following information when a system is shut down:
It is a violation of this chapter for any person to knowingly deliver, place, or receive a regulated substance into a tank system that has been shut down by an enforcement action under this section.
The department may authorize delivery in human welfare or emergency situations on a case-by-case basis, such as for emergency generator systems serving healthcare facilities.
It is a violation of this chapter for any person to tamper with or disable systems that provide corrosion protection, leak detection or spill and overfill protection.
When the authorized agent or department determines that tank systems, components or work methods regulated under this chapter are contrary to the provisions of these chapters, or are unsafe or dangerous in any manner, the authorized official may issue an order to stop the work or activity until the unsafe or dangerous act or condition is corrected.
The stop-work order shall be issued verbally to the individual responsible for supervising the actions.
If the actions cannot be corrected immediately and witnessed by the authorized agent or department, the authorized agent or department shall issue a written order within 6 hours of the verbal stop-work directive.
The written order shall state the reason for the order and the conditions under which the cited work activity is authorized to resume.
ATCP 93.115 History
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (b) 4. a. made under s. 35.17, Stats., Register October 2019 No. 766. ATCP 93.120
Revocation and expiration of approval. ATCP 93.120(1)(1)
The authorized agent or the department may revoke any approval issued under the provisions of this chapter for any false statements or misrepresentation of facts upon which the approval was based.
Plan approval by the authorized agent or the department shall expire in either of the following circumstances:
Construction has not commenced within 2 years from the date indicated on the approved plan.
The construction has not been completed within 5 years from the date indicated on the approved plan.
ATCP 93.120 History
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (a), (b) made under s. 35.17, Stats., Register October 2019 No. 766. ATCP 93.130
ATCP 93.130 Specific approval of materials, equipment, concepts, technology and devices. ATCP 93.130(1)(1)
Specific approval required.
Specific approval shall be obtained in writing from the department for any of the following items:
Any leak detection method for tanks or piping used to comply with a leak detection requirement under this chapter or federal law.
Prefabricated dike systems with integrated collision protection.
The department may require specific, written approval in accordance with sub. (3)
for use of new, unique or unproven materials, equipment, concepts, technology or devices. This approval may specify conditions or limitations.
Any person may request specific, written approval in accordance with sub. (3)
for use of new or unproven materials, equipment, concepts, technology or devices not specified in this chapter.
Application for approval shall be made on the department's material approval application form, TR-WM-127, and shall include sufficient test results or other evidence from an independent 3rd party to prove that the material, equipment, concept, technology or device meets the requirements or the intent of this chapter.
Application for approval shall include information on inspection, testing and maintenance of the product.
Upon receipt of a completed application, the fee specified in Table 93.130, and all information and documentation needed to complete the review, the department shall review and make a determination on the application within 60 business days.
The application for approval of leak detection methods specified in sub. (1) (a)
shall include certification from an independent 3rd party that the method has been evaluated in accordance with the applicable EPA standard test procedure for evaluating the method.
ATCP 93.130 Note
Note: EPA test protocols require precision tightness testing for tanks to be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product when the tank is 95 percent full, with a probability of detection of 0.95 and probability of false alarm of 0.05. Precision tightness testing for piping must be capable of detecting a 0.1 gallon per hour leak rate, at a pressure of 1.5 times the operating pressure, with a probability of detection of 0.95 and a probability of false alarm of 0.05. Automatic tank gauges and all methods of monthly monitoring must be capable of detecting a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product with a probability of detection of 0.95 and probability of false alarm of 0.05.
The test methods shall be capable of detecting the minimum leak rate with the required probability of detection and false alarm, while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the height of the water table.
Manufacturers of leak detection methods shall specify what threshold leak rate is used with their test methods to indicate a leak.
ATCP 93.130 Note
Section ATCP 93.515 (5) (b)
requires automatic tank gauges to be provided with a printer that prints out the measured leak rate, and to state whether that leak rate indicates an actual leak in the system.
Flexible nonmetallic piping.
The application for approval of flexible nonmetallic piping shall include certification from an independent 3rd party that the material has been evaluated in accordance with UL 971 — Nonmetallic Underground Piping for Flammable Liquids or an equivalent standard.
The application for approval of synthetic flexible dike liners shall include certification from an independent 3rd party that the material has been evaluated according to a protocol acceptable to the department, along with information on product compatibility, construction methods and specifications, lining material specifications, field installation, seam testing procedures, bedding specifications and any required soil cover.
For flexible dike liners that are not required to have a soil cover, information and test results shall be submitted to assess the fire hazard of the exposed liner material.
ATCP 93.130 Note
Note: NFPA 701 (Test Method 2) is an example of an appropriate fire test.
Marine-craft tank vehicles.
Marine-craft tank vehicles shall be evaluated on an individual basis considering the proposed area of operation.
Approvals issued under this section are valid for a period of 3 years, with an expiration date of December 31 of the third full year after initial approval, except as provided in par. (b)
Approvals designated as experimental are issued for a maximum term of 12 months.
Approvals may be terminated at any time the department considers them to be in noncompliance with the assumptions on which the approval was based or with the conditions of approval.
Products requiring listing and labeling.
The following products or materials shall be listed and labeled to show compliance with a standard recognized by the department that has been developed by a nationally recognized association or independent testing laboratory:
Shop-built aboveground and underground storage tanks used for public access fueling of automobiles, trucks, watercraft, ATVs, snowmobiles or aircraft as specified in s. ATCP 93.620
Shop-built aboveground and underground storage tanks used for fueling fleet vehicles that are licensed for public highway use except for tank wagons, movable tanks, farm tanks and tank vehicles as defined in this chapter and used in accordance with s. ATCP 93.610
ATCP 93.130 Note
Note: Examples include required listings for dispensing devices for Class I and II liquids under NFPA 30A section 6.3.2; aboveground tanks under NFPA 30 section 18.104.22.168; and used-oil burners and the tanks that supply them, under NFPA 31 section 7.5.
*NA means not applicable
ATCP 93.130 History
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (a) 1., (b) 1., (c), (d) 1. made under s. 35.17, Stats., October 2019 No. 766. ATCP 93.140(1)(1)
All new and existing storage tanks that are used to store a regulated substance shall be registered with the department, except this requirement does not apply to any of the following tanks:
Aboveground tanks which have a capacity of less than 1,100 gallons and which have any of the following characteristics:
Are used to store heating oil or used oil, for consumptive use on the premises.
ATCP 93.140 Note
Note: Tanks that are not exempt from registration requirements under this paragraph include tanks which store heating oil as a backup fuel for natural gas-fired boilers.
ATCP 93.140 Note
Note: There is no exemption for used oil unless it is consumed on the premises where stored. Therefore used-oil storage tanks that have a capacity of 110 gallons or more must be registered.
Are located inside a building and are used for industrial processes, if that use occurs through piping which connects the tank to the process.
Aboveground tanks which are used to store nonflammable or noncombustible federally regulated hazardous substances and which have a capacity of less than 5,000 gallons.
ATCP 93.140 Note
The list of federally regulated hazardous substances covered in this subchapter, also known as the CERCLA List, is located in 40 CFR 302.4
, Table 302.4.