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.
ATCP 93.120(2)
(2) Plan approval by the authorized agent or the department shall expire in either of the following circumstances:
ATCP 93.120(2)(a)
(a) Construction has not commenced within 2 years from the date indicated on the approved plan.
ATCP 93.120(2)(b)
(b) 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:
ATCP 93.130(1)(a)
(a) Any leak detection method for tanks or piping used to comply with a leak detection requirement under this chapter or federal law.
ATCP 93.130(1)(d)
(d) Prefabricated dike systems with integrated collision protection.
ATCP 93.130(2)(a)
(a) 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.
ATCP 93.130(2)(b)
(b) 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.
ATCP 93.130(3)(a)1.1. 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.
ATCP 93.130(3)(a)2.
2. Application for approval shall include information on inspection, testing and maintenance of the product.
ATCP 93.130(3)(a)3.
3. 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.
ATCP 93.130(3)(b)1.1. 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.
ATCP 93.130(3)(b)2.
2. 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.
ATCP 93.130(3)(b)3.
3. 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
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.
ATCP 93.130(3)(c)
(c)
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.
ATCP 93.130(3)(d)1.1. 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.
ATCP 93.130(3)(d)2.
2. 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.
ATCP 93.130(3)(e)
(e)
Marine-craft tank vehicles. Marine-craft tank vehicles shall be evaluated on an individual basis considering the proposed area of operation.
ATCP 93.130(4)(a)
(a) 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).
ATCP 93.130(4)(b)
(b) Approvals designated as experimental are issued for a maximum term of 12 months.
ATCP 93.130(4)(c)
(c) 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.
ATCP 93.130(5)
(5)
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:
ATCP 93.130(5)(b)
(b) 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.
ATCP 93.130(5)(c)
(c) 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 or
93.630.
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 25.3.1.4; and used-oil burners and the tanks that supply them, under NFPA 31 section 7.5.
Table 93.130
*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)
General. 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:
ATCP 93.140(1)(a)
(a) Aboveground tanks which have a capacity of less than 1,100 gallons and which have any of the following characteristics:
ATCP 93.140(1)(a)2.
2. 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.
ATCP 93.140(1)(a)4.
4. Are located inside a building and are used for industrial processes, if that use occurs through piping which connects the tank to the process.
ATCP 93.140(1)(b)
(b) 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
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.
ATCP 93.140 Note
Note: Registration is not required for aboveground or underground tanks that are used to store nonflammable and noncombustible federally regulated hazardous substances in concentrations of less than 1 percent by volume, because s.
ATCP 93.020 (6) (o) excludes those tanks from this chapter.
ATCP 93.140(1)(d)
(d) Tank wagons, portable tanks, and movable tanks that are located on a property for less than 24 months.
ATCP 93.140 Note
Note: Per Wisconsin statutes, eligibility for Petroleum Environmental Cleanup Fund Act (PECFA) funds is conditioned upon prior tank registration.
ATCP 93.140(2)(a)
(a) The owner of a newly installed storage tank shall have the tank registered with the department in accordance with sub.
(3) within 15 business days of completion of the installation.
ATCP 93.140 Note
Note: See s.
ATCP 93.150 for the deadline and other procedures for notifying the department of a change in ownership for a registered storage tank.
ATCP 93.140(2)(b)
(b) An owner of a registered tank who changes their name or mailing address, or an owner of a registered tank at a facility that undergoes a name change, shall have the change registered with the department on form TR-WM-118, TR-WM-137, or TR-WM-153, as provided by the department, within 15 business days of the change.
ATCP 93.140 Note
Note: Form TR-WM-118– Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, form TR-WM-137 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-153 — Change of Ownership, Flammable/Combustible/Hazardous Liquid Storage Tank Registration are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942. Forms TR-WM-118 and TR-WM-137 are also available from the Bureau's Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.140(2)(c)
(c) The owner of a registered tank system that undergoes any of the following changes or modifications shall have the change or modification registered with the department in accordance with sub.
(3) (a) and
(c) or
(d) within 15 business days of completion of the change or modification:
ATCP 93.140(2)(c)1.
1. Change in service, where the subsequent service is storing a regulated substance or when changing service from one regulated substance to another.
ATCP 93.140(2)(c)2.
2. Addition of leak detection, spill or overfill control or corrosion protection for any part of the system; or upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer.
ATCP 93.140(2)(d)
(d) The owner of a tank system that is undergoing conversion to being either temporarily out of service or back in service shall have the change registered with the department in accordance with sub.
(3) (a) within 15 business days of the change.
ATCP 93.140(2)(e)
(e) The owner of land on which unregistered tanks are discovered, including any that are permanently closed, shall have the tanks registered with the department in accordance with sub.
(3) (a) and
(b) within 15 business days of discovery.
ATCP 93.140 Note
Note: See s.
ATCP 93.400 (6) (c) for registration requirements that apply when an AST is relocated to a property with a different street address.
ATCP 93.140 Note
Note: See s.
ATCP 93.450 or
93.550 (1) (e) for registration requirements that apply when an AST or UST, respectively, is changed from storing a regulated substance to storing a non-regulated substance.
ATCP 93.140 Note
Note: See s.
ATCP 93.460 (4) or
93.560 (2) (d) for registration requirements that apply during permanent closure or removal of an AST or UST system, respectively.
ATCP 93.140 Note
Note: See s.
ATCP 93.530 (2) (f) for registration requirements that apply when a UST lining is installed.
ATCP 93.140(3)(a)
(a)
General. A storage tank registration form, form TR-WM-118 or TR-WM-137, shall be completed, signed by the owner and submitted to the department, for each tank which stores regulated substances and which is not exempted in sub.
(1).
ATCP 93.140 Note
Note: Form TR-WM-118 — Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration and TR-WM-137 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration 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.
ATCP 93.140(3)(b)
(b)
Proof of financial responsibility. For a tank owner meeting any of the conditions in sub.
(2) (a) and
(e), except for permanently closed tanks, proof of any required financial responsibility and an affidavit of financial responsibility, in accordance with subch.
VII, shall be submitted with the registration form.
ATCP 93.140 Note
Note: See s.
ATCP 93.700 (1) for the types of tanks that must have financial responsibility. See s.
ATCP 93.745 (2) (j) for requirements for an affidavit of financial responsibility.
ATCP 93.140(3)(c)1.
1. Submittal of a registration form for a newly installed shop-built tank system, or for a registered shop-built tank system addressed in sub.
(2) (c), shall include the original of the tank installation inspection checklist, form TR-WM-120 or TR-WM-138, as completed by the certified tank system inspector under s.
ATCP 93.115 (2) (b) 4., except as specified in par.
(d).
ATCP 93.140(3)(c)2.
2. Submittal of a registration form for a newly installed UST system shall include the results of the installation tests required in s.
ATCP 93.500 (6).
ATCP 93.140(3)(d)
(d)
Exceptions. In the following circumstances, the specified documents shall be submitted instead of form TR-WM-120 or TR-WM-138:
ATCP 93.140(3)(d)1.
1. `Newly installed aboveground tanks storing federally regulated hazardous substances.' Submittal of a registration form for an aboveground tank which stores federally regulated hazardous substances shall include a statement from the qualified engineer responsible for designing and overseeing the construction of the tank system. The statement shall include the name, business address and signature of the qualified engineer and a summary list of design standards used.
