Wisconsin Legislature: ATCP 93.350(3)(a)

Note: Federal Spill Prevention Control and Countermeasure requirements in 40 CFR 112 may apply to smaller product transfers. A catchment basin may consist of remote impounding.

(6) General requirements.

(a) Aboveground tanks at existing facilities. Aboveground tank systems at existing bulk plants and terminals shall comply with subch. IV.

(b) Underground tanks at existing facilities. Underground tank systems at existing bulk plants and terminals shall comply with subch. V.

(c) New facilities. New bulk plants and terminals shall comply with PEI RP800; aboveground tank systems there shall also comply with s. ATCP 93.400 (3), (4), (5), and (7) to (11); and underground tank systems there shall also comply with subch. V.

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

ATCP 93.350 Hazardous substances.

(1) Scope and application.

(a) General.

1. This section applies to tanks that store, handle, or use liquids which are federally regulated hazardous substances, in any concentration of 1 percent or more by volume, for the purpose of protecting the waters of the state from contamination.

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: Other sections of this chapter regulate the storage and use of flammable and combustible liquids. Chapter SPS 314 — the Wisconsin Fire Prevention Code, through the adoption of NFPA 1, Fire Code, also regulates the storage and use of liquids that have properties such as being flammable, combustible, toxic, water reactive, explosive, and corrosive.

Note: See s. ATCP 93.140 for tank registration requirements and s. ATCP 93.145 for tank permit requirements.

2. Liquids within the scope of subd. 1. that are flammable or combustible shall also meet the requirements of this chapter which apply to flammable or combustible liquids.

(b) Exemptions. This section does not apply to any of the following:

1. Hazardous waste storage tanks that are licensed under s. 291.25, Stats., except any tank containing a flammable or combustible mixture of hazardous wastes regulated under that section, and other liquids, is not exempt from this chapter.

2. Aboveground tanks which are used to store a federally regulated hazardous substance and which have a capacity of less than 5,000 gallons, and transfer operations involving these tanks, unless the substance is flammable or combustible.

3. Accumulator tanks, process tanks, or service tanks.

4. Portable tanks containing liquids that are not flammable or combustible.

5. Tanks regulated under, and maintained in compliance with, the rules in 40 CFR 430.03.

(2) Tank system design and construction.

(a) General. Design, construction and maintenance of tank systems for the storage of federally regulated hazardous substances shall be in accordance with good engineering practices and this chapter and shall be under the supervision of a qualified engineer.

(b) Notification. The qualified engineer shall notify the department or authorized agent on form TR-WM-121 of an impending installation of a tank system under this section unless this notice is provided under s. ATCP 93.115 (2) (b) 3. A written statement shall be provided that the system has been designed and will have construction oversight by a qualified engineer.

(c) Testing. All new tanks and pipe systems shall have pressure or vacuum testing that shall assure that all components and connections are tight, in a manner equivalent to the protocol and parameters specified in NFPA 30 section 21.5 and PEI RP 100 sections 11 and 14, before the tanks and pipe systems are placed into service.

(d) Qualified engineer.

1. The qualified engineer responsible for design and oversight of construction of federally regulated hazardous substance liquid storage tank systems under this chapter shall meet the requirements of this paragraph.

2. The qualified engineer shall be competent in the engineering methods for designing and installing hazardous liquid tank systems.

3. The qualified engineer shall be a registered professional engineer, unless one of the exemptions in s. 443.14, Stats., applies.

(3) General requirements for tanks. Storage tanks shall meet all of the following requirements:

(a) Structural. Tanks shall have a stable foundation under all operating conditions and be of sufficient structural strength to withstand normal handling and use.

(b) Chemical compatibility. Tanks shall be chemically compatible with the substance being stored.

(c) Wear, vibration, shock, and corrosion. Tanks shall be protected from failure due to internal and external wear, vibration, shock, and corrosion.

(d) Fire, heat, vacuum, and pressure. Tanks shall be protected from fire, heat, vacuum, and pressure that might cause tank failure.

(e) Collision protection. Tanks that are subject to vehicle collision shall be protected from collision damage by vehicles and equipment.

(f) Fiberglass-reinforced plastic. If fiberglass-reinforced plastic material is used, the material shall be of sufficient density and strength to form a hard, impermeable shell that will not crack, wick, wear, soften, or separate under normal service conditions.

(g) National standards. Tanks shall be designed, constructed and installed or certified by a qualified engineer in accordance with a standard recognized by the department that is developed by a nationally recognized association or independent testing laboratory.

(h) Listing. Tanks used for underground storage shall be listed or shall be approved by the department.

(i) Reinstallation of used tank systems.

1. Used tank systems that do not meet the standards for new tanks under par. (g) or new piping under sub. (4) may not be reinstalled for hazardous substance storage.

2. If a used tank meets the standards for new tanks under par. (g), it may be reinstalled provided it is certified by a qualified engineer for use.

(k) Spill prevention at pumps and valves. The owner or operator shall prevent spills and leaks at all pumps and valves that control a liquid hazardous substance by using one or more of the following methods:

1. Installation of seal-less pumps and valves, double-seal pumps and valves or equivalent technology.

a. Implementation of a pump and valve inspection, maintenance, and repair program that complies with subd. 2. b.

b. The frequency of inspection and scope of maintenance and repair shall be based on a minimum of 5 years of actual operating and service records, manufacturer’s recommendation, or records for similar operations.

a. Installation of pumps and valves within a catchment basin, such as a drip pan, pad or secondary containment system, that complies with subd. 3. b. and c.

b. The catchment basin shall be compatible with the substance stored for a period of time that will allow for cleanup under all operating conditions.

c. The catchment basin shall be inspected each day of operation for accumulation of liquid and shall have the capacity to contain all spills likely to accumulate in the basin.

(L) Tanks subject to melting. Aboveground storage tanks constructed of a material subject to melting when exposed to fire shall be located so that any spill or leak resulting from the failure of the material could not unduly expose persons, structures, or the environment.

(m) Tanks subject to scouring.

1. Storage tanks subject to scouring by the inflow of materials, or subject to wear from manual gauging shall be equipped with wear plates, diffusers, or other means to prevent localized wear or corrosion.

2. If wear plates are used, they shall cover an area of at least one square foot and be installed in a manner that prevents crevice corrosion of the tank.

(n) Explosion protection. Tanks shall be protected from explosion in accordance with generally accepted engineering practices. Protection shall be provided by cooling systems, fire-resistance measures, depressurizing valves, foundation sloping to prevent burning liquids from accumulating under the tank, or other means determined by a qualified engineer and acceptable to the department.

(o) Protection from freezing. Tanks, piping, valves and other ancillary equipment shall be protected from physical damage by freezing.

(4) Piping systems.

(a) General requirements. Piping systems serving hazardous substance storage tanks shall meet all of the following requirements:

1. Piping systems shall be compatible with the substance stored and be protected from failure due to internal and external wear, vibration, shock, and corrosion.

2. Piping systems shall be free of leakage, structurally sound, properly supported under all operating conditions and be protected from fire, heat, vacuum, and pressure that would cause the system to fail.

3. Piping systems shall be designed, installed, and maintained to prevent damage from expansion, jarring, vibration, contraction, and frost.

4. Piping systems shall be protected from collision damage or crushing loads by vehicles and equipment.

5. Joint compounds and gaskets shall be compatible with the substance stored.

6. Piping with pump or compressor connections shall be provided with shutoff valves located adjacent to the connections.

7. Flexible connectors, elbows, loops, expansion chambers or similar measures shall be installed to allow for movement and prevent damage from water hammer.

8. Piping systems that carry liquids which expand upon freezing shall be protected from freezing or shall have provisions to prevent rupture due to freezing.

9. Refrigerated piping systems shall be constructed of materials suitable for extreme temperatures and pressures in the storage system.

(b) National standards. Hazardous substance piping systems serving storage tanks shall be designed, constructed and installed or certified by a qualified engineer in accordance with a standard, as recognized by the department, that is developed by a nationally recognized association or independent testing laboratory.

Note: Examples of recognized standards include ORD-C107.7 — Glass-Fibre Reinforced Plastic Pipe and Fittings; and ASTM D 2996 — Standard Specification for Filament-Wound “Fiberglass” (Glass-Fiber-Reinforced Thermosetting Resin) Pipe.

(5) Secondary containment.

(a) General.

1. All new and existing tank systems used to store hazardous liquids shall be provided with secondary containment.

2. Secondary containment systems shall be designed, constructed and installed to prevent the release of regulated substances to the environment at any time during the operational life of a tank system by containing a leak or spill from the system until the leak or spill is detected and removed.

3. A building may serve as secondary containment if at least one of the following requirements is met:

a. The building is an enclosed structure resting on or above impermeable surfaces from which a discharge of the entire contents of the largest tank would not escape through any doorway, floor drain or other means.

b. The building drains and spillways are connected to an onsite wastewater treatment facility and are designed and maintained such that any leak or spill cannot drain elsewhere.

c. The building drains and spillways are connected to a municipal wastewater treatment facility with agreement of the municipality on the specific materials stored, and drains and spillways are designed and maintained such that any leak or spill cannot drain elsewhere.

4. Secondary containment systems shall be checked for evidence of a leak or spill at least every 30 days.

5. Double-walled tanks shall be designed, constructed, and installed to contain a leak from any portion of the inner tank and to detect a failure of the inner or outer wall.

6. Capacity requirements for secondary containment structures may be reduced by the amount of available treatment plant capacity that is directly accessible to the tank.

7. Secondary containment, including liners and vaults, shall be designed, constructed, and installed to do all of the following:

a. Contain 100 percent of the capacity of the largest tank within the containment area, except as provided in subd. 8.

b. Prevent precipitation or groundwater intrusion from interfering with the ability to contain or detect a leak or spill of a regulated substance.

c. Surround the tank completely and be capable of preventing migration of a regulated substance.

d. Use materials that are compatible with the substances stored and the environment.

e. Isolate incompatible liquids and tank materials from each other and from the environment.

a. Permanent containment structures that are not protected from the weather shall be designed and maintained to allow for the containment of 125 percent of the volume of the largest tank within the containment area.

b. Precipitation and debris shall be removed from the containment structure on a regular basis.

c. No precipitation, ice, or debris that is noticeably contaminated may be discharged to the environment.