Wisconsin Legislature: ATCP 93.400(11)(c)

1. ‘Interstitial space.’ Any repair that affects any portion of an interstitial space for an AST system shall include testing of the affected portion in accordance with methods prescribed in s. ATCP 93.500 (6) (b) and (c) and PEI RP 200, or other methods approved by the department, to verify that the containment complies with this chapter before that portion is placed back into service.

2. ‘Secondary containment sumps.’ Repair of any secondary containment sumps that are addressed in s. ATCP 93.400 (3) shall include testing in accordance with the methods prescribed in s. ATCP 93.400 (3) (b) before placing the sumps back into service.

3. ‘Overfill prevention equipment.’ Repair of overfill prevention equipment shall include testing in accordance with the methods prescribed in s. ATCP 93.410 (12) before placing the equipment back into service.

(d) Reporting. Repairs that are recorded under par. (a) 1. b. or (b) 1. because of a leak shall be reported to the department within 15 days of the repair.

Note: See ss. ATCP 93.230 (8) to (10) for additional facility maintenance requirements.

(e) Property. Tank yards and diked areas shall be kept free from weeds, high grass, rubbish, and combustible materials that are not essential to the operation and shall be kept clean and orderly.

(9) Facility lighting. Adequate lighting shall be provided for loading, unloading, and dispensing operations.

(10) System access.

(a) All new aboveground storage tank systems shall be designed and constructed to allow access to all connections between the tank and piping, venting, and appurtenances that require maintenance or replacement.

(b) The means of access shall be sufficient in size to allow for installation, maintenance, and inspection of all connections and appurtenances.

(11) Record keeping.

(a) General. Operators of new and existing aboveground storage tank systems shall maintain all of the following records:

1. Documentation of any system repairs, alterations or upgrades— including software and hardware upgrades — and any inspections or testing required under this chapter.

2. Testing results obtained from any leak detection equipment, as retained from the equipment’s printer or a handwritten log kept on-site.

3. Documentation maintained for all calibration, inspection, monitoring, testing, repair, and annual performance verification of any leak detection equipment, if so equipped.

4. Response to and investigation of any leak detection alarms.

5. Documentation maintained for all calibration, inspection, monitoring, testing, repair, and periodic performance verification of any corrosion protection equipment permanently located on-site.

6. Records of any environmental information that has accrued for a site, such as from site investigations, phase I or II environmental site assessments, repairs and tank-system site assessments.

7. Results of functional testing of impact and emergency shutoff valves.

7m. Results of functional testing of emergency electrical shutoffs.

8. Electrical continuity testing for dispensers of motor fuels that are Class I liquids.

9. One set of stamped, approved plans and specifications and a copy of the approval letter.

10. Documentation of compliance with the compatibility requirements in s. ATCP 93.680 (3) (c) 1. or (6) (c) 1., if the ethanol or biodiesel blends addressed therein are stored or dispensed.

(b) Availability of records.

1. Operators shall maintain the required records at the site, except as provided in subds. 2. and 3., and par. (c) 9.

2. Operators of unattended sites shall make the records available for inspection at the site when given 72 hours of prior notice.

3. The approved plans and specifications and approval letter shall be kept on site and available to the authorized agent or the department during all phases of installation. After installation is completed, the approved plans and specifications and approval letter shall be made available to the authorized agent or the department upon request.

4. Records may be kept electronically, provided they are in a format acceptable to the department.

(c) Maintenance of records. Records shall be maintained for the following periods from the date of the most recent test, inspection or upgrade:

1. Monthly leak detection monitoring for underground piping — one year.

2. Annual precision tightness testing for underground piping — one year.

3. Impressed current corrosion protection system, 60-day inspection — the previous 3 inspections.

4. Corrosion protection system, annual test — the previous 3 tests.

5. Annual performance verification of leak detection equipment and flow restrictor, for underground piping — 2 years.

6. Results of functional testing of impact and emergency shutoff valves and electrical continuity testing for dispensers — 2 years.

7. The owner’s manual provided by the leak detection equipment manufacturer — until the leak detection system is replaced or no longer used.

8. Any tank or pipe system modification or repair — the operational life of the system.

9. Inspection or testing records — 3 years or the interval between required inspections or testing, whichever is longer.

10. Tank-system site assessments and other environmental assessments, such as assessments for property transactions — 3 years after completion of any permanent closure, upgrade, repair, or change in service. These records shall be maintained at one of the following locations:

a. With the owner or operator who took the AST system out of service.

b. With the current operator of the AST system site.

c. With the department if records cannot be maintained at the closed facility.

11. Leak detection alarm investigation — 2 years.

Note: All leak detection records should be retained. The documentation could be helpful to exclude the site as a possible source of contamination at a later date.

12. One set of stamped, approved plans and specifications and a copy of the approval letter — the operational life of the system.

13. Equipment or component compatibility for ethanol or biodiesel blends under s. ATCP 93.680 (3) (c) 1. or (6) (c) 1. — the operational life of the equipment or component.

(12) Tanks at remediation sites.

(a)

1. Recovery systems using oil water separators or recovery systems pumping free product at the rate of 60 gallons or more per week shall comply with this paragraph.

2. Recovery product piping and storage tanks shall comply with either the plan review requirements in s. ATCP 93.100 or the design and construction requirements in s. ATCP 93.350 (2) for hazardous substances.

3. Tanks shall be registered in accordance with s. ATCP 93.140.

4. Tank construction and marking shall comply with ss. ATCP 93.250 and 93.400 (7).

(b) Tanks used in recovery systems that pump free product at the rate of less than 60 gallons per week shall be constructed and marked in accordance with ss. ATCP 93.250 and 93.400 (7).

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (5) (b) 2. made under s. 13.92 (4) (b) 14., Stats., and correction in (8) (c) 1. made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.410 Spill and overfill prevention.

(1)

(a) All aboveground storage tanks, whether new or existing, shall have a means of overfill prevention which consists of either a visual gauge, an audible or visual alarm, or a pump shutdown that activates at 90 percent of the tank’s capacity, and which complies with any other applicable requirements in this section.

(b) Prior to delivery, the operator of the product delivery equipment that is transferring the product shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank.

(2) The transfer operation shall be monitored constantly by the operator of the delivery equipment so as to prevent overfilling and spilling.

(3) Equipment shall be clearly marked so visual and audible warning signals are recognizable to the delivery person.

(4) Spill and overflow prevention equipment shall be maintained to work as originally designed and installed.

(5) The fill opening shall be separate from the vent opening.

(6)

(a) All aboveground storage tanks, whether new or existing, with the fill point not located within a diked area shall be provided with a catch basin or similar containment, except for tanks exempted by par. (d) and tanks that are exempted from secondary containment by s. ATCP 93.420 (1) (a) to (c).

(b) The catch basin or similar containment to contain spillage at the fill point shall have a minimum liquid capacity of 5 gallons, except where the catch basin or similar containment was installed before February 1, 2009.

(c) The basin shall be equipped with a method to remove product or a drain system that directs spilled product into the tank.

(d) The following tanks are exempt from par. (a):

1. Tanks provided with controls before February 1, 2009, that comply with this subsection.

2. Tanks filled with a manual-shutoff nozzle without a latch-open device.

Note: The “controls” referred to in this subdivision may be something other than a mechanical device. In other words, they are anything that will reliably prevent a loss of product at the fill point from reaching the environment.

3. Tanks filled with a tight-connect with either a dry break connection or a manual shutoff valve on the hose-end connection.

(7) Aboveground tanks that are filled via handheld nozzles shall be constantly attended during product delivery and shall be provided with overfill prevention equipment which notifies the person filling the tank, with either an audible or a visual signal that the liquid level has reached 90 percent of the tank’s capacity.

(8) Tanks located remote from the fill point, that are filled only with a manual shutoff nozzle without a latching mechanism shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity.

(9)

(a) Any of the following new aboveground double-wall tanks storing Class IIIB products shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity:

1. Tanks using tight-connect delivery.

2. Tanks located remote from the fill point.

(b) Any of the following existing aboveground double-wall tanks storing Class IIIB products shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity:

1. Tanks using tight-connect delivery.

2. Tanks located remote from the fill point that use delivery nozzles with latch-open devices.

(10)

(a) Any of the following double-wall aboveground tanks that are installed on or after November 1, 2019, shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity, and which automatically shuts off flow when the quantity of liquid in the tank reaches 95 percent of the tank’s capacity, except this requirement does not apply to the tanks addressed in sub. (9) (a):

1. Tanks using tight-connect delivery.

2. Tanks located remote from the fill point that use delivery nozzles with latch-open devices.

(b) Any of the following existing aboveground double-wall tanks shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity, and which automatically shuts off flow when the quantity of liquid in the tank reaches 95 percent of the tank’s capacity, except this requirement does not apply to the tanks addressed in sub. (9) (b):

1. Tanks using tight-connect delivery.

2. Tanks located remote from the fill point that use delivery nozzles with latch-open devices.

(11) Any single-wall aboveground tank which is not addressed in subch. III and which either is existing by November 1, 2019, or is installed on or after that date shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity.