Wisconsin Legislature: ATCP 93.140(3)(d)

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.

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.

(d) Tank wagons, portable tanks, and movable tanks that are located on a property for less than 24 months.

(e) Tanks that are located at an EPA superfund site.

Note: Per Wisconsin statutes, eligibility for Petroleum Environmental Cleanup Fund Act (PECFA) funds is conditioned upon prior tank registration.

(2) Registration deadlines and responsible party.

(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.

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.

(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.

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.

(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:

1. Change in service, where the subsequent service is storing a regulated substance or when changing service from one regulated substance to another.

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.

3. Converting to point-of-sale fueling.

(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.

(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.

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.

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.

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.

Note: See s. ATCP 93.530 (2) (f) for registration requirements that apply when a UST lining is installed.

(3) Registration procedure.

(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).

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.

(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.

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.

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).

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).

(d) Exceptions. In the following circumstances, the specified documents shall be submitted instead of form TR-WM-120 or TR-WM-138:

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.

Note: The list of federally regulated hazardous substances referred to in this subdivision, also known as the CERCLA List, is located in 40 CFR 302.4, Table 302.4.

2. ‘Conversion to point-of-sale fueling.’ Where conversion to point-of-sale fueling is the only change at a facility, submittal of the registration form shall include the POS fueling installation form, TR-WM-130, completed under s. ATCP 93.100 (3) (a) 5. b.

3. ‘Upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer.’ Where upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer is the only change at a facility, submittal of the registration form shall include the leak detection installation form, TR-WM-133, completed under s. ATCP 93.100 (3) (a) 5. c.

4. ‘Conversion to storage and dispensing of alternative motor fuels.’ Where conversion to storage and dispensing of alternative motor fuels is the only change at a facility, submittal of the registration form shall include Part II of form TR-WM-132, as completed by the tank owner under s. ATCP 93.100 (3) (a) 5. d.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (b) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.145 Tank permits.

(1) General. All in-use and temporarily out of service storage tanks, whether new or existing, that are used to store a regulated substance shall have a permit to operate from the department, except this requirement does not apply to any of the following tanks:

(a) Aboveground tanks.

(b) Farm and residential underground storage tanks which have a capacity of less than 1,100 gallons and which are used for storing motor fuel.

Note: Tanks that are not exempt from permit requirements under this paragraph include tanks that store heating oil as a back-up fuel for natural gas-fired boilers.

(d) Tanks located at an EPA superfund site.

(2) Permit application timeline. The tank owner shall obtain a permit to operate, in accordance with sub. (3), after all requirements for plan approval under s. ATCP 93.100 and registration under s. ATCP 93.140 are completed and the tank is installed.

(3) Permit application procedure.

(a) The owner shall complete one permit application, form TR-WM-160, as provided by the department, for each tank and submit it to the department along with the information required on the application, except as specified in par. (b), and with any fees due to the department as assessed under this chapter or ch. ATCP 94.

(b) Where registration information in full compliance with s. ATCP 93.140 (3) is submitted for a newly installed tank, the department shall use that information as the permit application.

(4) Permit processing.

(a) The department shall review and make a determination on the permit application within 30 business days of receipt of the completed forms and required information.

(b) Upon review and acceptance of the required forms, information and fees specified in sub. (3), the department shall issue an underground storage tank operating permit for each storage tank.

(c) The department may decide to not issue or to not renew an operating permit for a tank if the department finds that there has been significant noncompliance with either this chapter or orders issued pursuant to this chapter. Upon making this decision, the department shall inform the owner or operator in writing of the reasons for the decision.

Note: See s. ATCP 93.190 for requirements relating to appealing a decision by the department.

(5) Permit posting. Each permit to operate shall be posted at the premises where the tank is located, and in a location where the permit is visible to the public. The posted permit shall be maintained in a legible state.

(6) Permit expiration and renewal.

(a)

1. The underground storage tank permit to operate shall annually expire on the 28th day of the month specified in the initially issued permit, except as provided in subd. 2.

2. When a change of ownership occurs, the permit to operate shall expire upon completion of the real estate transaction.

(b)

1. The department shall send the tank owner of record a permit renewal notice and online renewal instructions before the expiration of the current permit, except as provided in subd. 2.

2. Where a change of ownership occurs, the department shall send the new tank owner a permit application, form TR-WM-160, within 15 business days of being notified of the change of ownership, as addressed in s. ATCP 93.150.

(c) To renew a permit, the tank owner shall complete all of the information required in the online application including all of the following information:

1. Proof of financial responsibility in accordance with subch. VII.

2. An affidavit of financial responsibility in accordance with s. ATCP 93.745 (2) (j).

3. Any fees due to the department as assessed under this chapter or ch. ATCP 94.

4. Test results specified in the online application.

(7) Permit suspension.

(a)

1. The department may suspend any permit issued under this section, upon determining that operation of any involved tank constitutes an imminent hazard to human health or the environment, or that financial responsibility required in subch. VII has been discontinued.

2. When suspending a permit, the department shall inform the owner or operator in writing of the reasons for the suspension.

(b) Upon suspension of a permit, all dispensing from any involved tank shall cease, and the department may order the owner or operator to properly empty the tank.

(c) The department may reinstate a suspended permit upon determining that the hazard or financial responsibility failure which resulted in the suspension no longer exists.

Note: See s. ATCP 93.190 for requirements relating to appealing a decision by the department.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (6) (c) (intro.) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.150 Change of ownership.

(1) Any person taking ownership of a storage tank registered under s. ATCP 93.140 shall notify the department of the change of ownership within 15 business days.

(2) The ownership-change notification shall be on form TR-WM-118, TR-WM-137, or TR-WM-153, as provided by the department and shall include all of the following:

(a) The name and address of the new owner and of a local contact person.

(b) The date the documents evidencing the ownership transfer are executed.

(d) The address of all locations included in the change of ownership that have tanks which are subject to the registration requirements in s. ATCP 93.140.

(e) A copy of the newly recorded deed showing the new owner or other official documentation of ownership as approved by the department.

Note: A land contract does not meet the requirement for documentation of ownership change.

(f) Proof of financial responsibility in accordance with subch. VII and an affidavit of financial responsibility in accordance with s. ATCP 93.745 (2) (j).

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 137 are also available from the Division’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

(3) A permit application, form TR-WM-160, if required under s. ATCP 93.145 (1), shall be completed and submitted to the department within 15 business days of its receipt and shall include all of the following:

(a) Proof of financial responsibility in accordance with subch. VII.

(b) An affidavit of financial responsibility in accordance with s. ATCP 93.745 (2) (j)

Note: If proof of financial responsibility and the affidavit are submitted under sub. (2) (f), it is not required to re-submit under sub. (3).