Wisconsin Legislature: ATCP 93.440(4)(a)2.

Note: TR-WM-119-API 653 Tank Inspection Summary is available from the Bureau of Weights and Measures, P. O. 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/PetroleumHazStorageTanksForms.aspx.

2. A copy of the API 653 tank inspection summary shall be provided to the tank owner or operator along with the complete API 653 inspection report.

(d) The tank owner or operator shall have the API 653 inspection summary on site and available for inspection within 30 days after receiving it from the agency that performed the inspection.

(e) For tanks undergoing a transition from storing an unregulated substance to storing a regulated substance, any inspection in Table 93.440 that has not occurred shall be performed before putting the regulated substance into the tank. For the purposes of this paragraph, the service date is the date the tank was initially placed into service after construction.

Table 93.440

Inspection Type and Schedule

- See PDF for table

(3) Inspection of shop-built metallic aboveground storage tanks.

(a)

1. The owner or operator of all shop-built metallic aboveground fixed storage tanks shall have the tanks inspected in accordance with STI SP001, except as provided in subd. 2.

a. An alternate inspection procedure that provides equivalent environmental and fire safety protection may be used if accepted in writing by the department, or if developed by the certifying engineer for a facility in accordance with the federal spill prevention control and countermeasure regulations in 40 CFR 112.

b. This paragraph does not apply to tanks that have a capacity of less than 1,100 gallons.

c. This paragraph does not apply to heating oil tanks or to tanks at farms and construction projects.

Note: STI SP001 requires monthly and annual inspections and requires maintaining records of these inspections. For almost all ASTs that have a capacity of 5,000 gallons or less, these inspections are only required to be visual. For most tanks that have a capacity of more than 5,000 gallons, the requirements include, but are not limited to, having a certified inspection every 20 years, consisting of a visual exam and spot, ultrasonic examination, with no requirement for an integrity pressure test. STI SP001 includes optional checklists that may be used for the required record keeping. These checklists and a compendium that contains further guidance for these inspections are available from the Bureau of Weights and Measures, P. O. 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/PetroleumHazStorageTanksForms.aspx.

Note: Tanks that are not required by this paragraph to have periodic inspections may otherwise be required to have periodic inspections, by the federal Spill Prevention Control and Countermeasure regulations in 40 CFR 112.

Note: Heating oil tanks and tanks at farms and construction projects are subject to the requirements in NFPA 31 or 30A under ss. ATCP 93.310 and 93.630, respectively.

(b)

1. The inspection schedule required in par. (a) shall be based on the tank’s time in service.

2. Monthly inspections may be omitted for seasonal-use tanks during periods when the tank does not contain a regulated substance.

(c) If product is found within a tank’s interstitial space during an inspection under this subsection, delivery of product into the tank shall be immediately suspended, and either of the following actions shall be taken within 10 business days:

1. A vacuum or pressure test shall be performed in accordance with the manufacturer’s recommendations.

2. The tank shall be closed in accordance with s. ATCP 93.460.

Note: See sub. (5) for further requirements for corrective action.

(4) Inspection of nonmetallic aboveground storage tanks.

(a) The owner or operator of all nonmetallic aboveground storage tanks — including concrete, tile-lined, fiber-reinforced plastic, and homogeneous plastic tanks — that have a capacity of 1,100 gallons or more shall have the tanks inspected in accordance with all of the following:

1. ‘Monthly inspection.’

a. At least monthly there shall be a visual inspection of the tank exterior, pipe connections and secondary containment, for signs of leakage, physical damage, and environmentally induced degradation.

b. Any product or water present in the secondary containment shall be removed.

2. ‘Annual inspection.’

a. At least annually there shall be a visual inspection of tank supports and foundation for signs of physical damage and chemically or environmentally induced degradation.

b. At least annually there shall be a test of the functionality of the tank venting system, if so equipped.

3. ‘Qualifications for inspection.’ The monthly and annual inspections shall be done by owners, contractors or operations personnel, who are knowledgeable of the facility operations, the tank construction and operation, and the characteristics of the product stored.

4. ‘Every 5 years.’ At least every 5 years, there shall be an external and internal examination of tank and pipe connections for physical or chemical damage or environmentally induced degradation, conducted by personnel trained and experienced in examining the specific tank construction type.

(b) HIR FTV RP 2007, In-service Inspection of Aboveground Atmospheric Fiberglass Reinforced Plastic Tanks and Vessels, may be used as an alternative to the sub. (4) (a) requirements for fiberglass reinforced plastic tanks.

(5) Corrective action.

(a) If a suspected or obvious release is encountered during the inspections under this section, a tank-system site assessment shall be conducted in accordance with s. ATCP 93.465 before the tank is returned to service.

(b) All corrective actions, including repairs that are indicated by the inspections under this section, shall be completed before the tank system is returned to service.

Note: Under s. ATCP 93.400 (11) (a) 1., (b) 1., and (c) 9., records of the inspections that are required under this section must be maintained at the storage-tank site for at least either three years or the interval between inspections, whichever is longer.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.445 Seldom-used and temporarily out of service tank systems.

(1) Operational requirements. Owners or operators of aboveground seldom-used and temporarily out of service tanks shall comply with the applicable requirements of s. ATCP 93.545 (1).

(2) Placing a tank back into service.

(a) The respective API 653 or STI SP001 inspection cycle shall be current for a tank before it is placed back into service.

(b) All leak detection, overfill, vent and fire valve devices shall be verified as functional before being placed back into service.

(c)

1. Tank systems out of service for more than 365 days shall pass a tightness test of the tank ullage portion in accordance with s. ATCP 93.515 (10), to assure that tank connections are liquid- and vapor-tight before the tanks are placed back into service.

2. Field-erected tank systems out of service for more than 365 days shall be evaluated for suitability for service in accordance with API 653, to assure that the tank and tank connections are liquid- and vapor-tight before the tanks are placed back into service.

3. Underground product piping out of service for more than 365 days shall pass a tightness test in accordance with s. ATCP 93.515 (4).

(3) Non-complying tank systems. Tank systems that do not comply with this section or in-use tank system requirements are abandoned tanks and shall be closed in accordance with s. ATCP 93.460 within 60 calendar days of non-compliance.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.450 Change in service to store a non-regulated or a regulated substance. Owners or operators of aboveground tanks shall comply with the change-in-service requirements of s. ATCP 93.550, except a revised registration for aboveground tanks, form TR-WM-118, shall be completed and submitted.

Note: Form TR-WM-118 — Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration is available from the Division of Trade and Consumer Protection, P. O. Box 8911, Madison WI, 53708-8911, or at telephone (608) 224-4942, or from the Division’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.460 Closure of aboveground tanks.

(1) General. Owners or operators of aboveground tanks shall comply with the closure requirements of s. ATCP 93.560, except as provided in this section.

(1m) Tank removal. Tanks shall be removed from the site within one year of closure.

(2) Certifications. Certified persons are not required to perform the following closure functions:

(a) Cleaning and removal of heating fuel tanks, at 1- and 2-family dwellings, that are located aboveground or in the basement.

(b) Cleaning and removal of field-erected tanks.

(3) Markings.

(a) All aboveground tanks closed and not immediately removed from the site shall have the word “CLOSED” and the date of permanent closure permanently marked on the exterior tank wall, at least 3 feet above grade, with lettering at least 3 inches in height.

(b) A certified tank system inspector may perform the marking specified in par. (a).

(4) Forms. When an aboveground tank is closed, a revised tank registration, form TR-WM-118, and part A of the tank-system service and closure assessment report, form TR-WM-140, shall be completed and submitted to the department within 21 business days of closure.

Note: Form TR-WM-118, Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-140, Tank System Service and Closure Assessment Report are available from the Bureau of Weights and Measures, P. O. 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/PetroleumHazStorageTanksForms.aspx.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.465 Tank-system site assessment.

(1) General.

(a) Tank-system site assessments for aboveground tanks shall comply with this section and the assessment requirements in s. ATCP 93.580, except as provided in sub. (2).

(b) Tank-system site assessments for aboveground storage tank systems shall include assessment of any underground piping, the loading rack or transfer area, and the area under each tank; and shall be performed after notifying the authorized agent or the department but before completing any permanent closure.

Note: For further information on sampling and reporting for these assessments, see the department’s Tank System Site Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious Releases From Underground and Aboveground Storage Tank Systems https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx.

(2) Exceptions.

(a) Aboveground storage tanks or underground piping that have been placed in secondary containment complying with s. ATCP 93.420 (2) (d), (e) or (g) for their entire operational life, and loading rack or transfer areas that have been placed in secondary containment complying with s. ATCP 93.420 (5) for their entire operational life are exempt from tank-system site assessment requirements, unless there is a suspected or obvious release outside the secondary containment.

(b) Aboveground storage tanks that have a capacity of less than 5,000 gallons are exempt from tank-system site assessment requirements unless a suspected or obvious release is present.

(c) A tank-system site assessment is not required for closure of double-wall pipe when modification or upgrading is conducted on an existing system that will remain in operation, unless a suspected or obvious release is present.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.470 Responding to a leak, spill, overfill, or release. Owners or operators, contractors, and fuel-delivery persons for aboveground tanks shall comply with the requirements relating to the presence of a leak, spill, overfill or release, and the assessment of, and response to a leak or release, in ss. ATCP 93.570 to 93.585.

Note: In s. ATCP 93.585, releases are required to be reported to the department of natural resources. Failure to notify the DNR of a release may have serious consequences — such as forfeitures under s. 168.26, Stats., of $10 to $5000 for each violation. Each day of continued violation is a separate offense, and under s. ATCP 93.180, each tank that is in violation is a separate offense.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

Subchapter V — General UST Storage and Underground Piping

ATCP 93.500 General requirements.

(1) Secondary containment.

(a) General. All new and replacement underground storage tanks and piping systems shall be provided with secondary containment and continuous electronic interstitial monitoring, except as provided in par. (b).

Note: This section is coordinated with the federal Energy Policy Act of 2005, which addresses secondary containment for federally regulated tanks or piping installed within 1,000 feet of any community water system or any potable drinking water well, and which requires interstitial monitoring for any associated double-wall tanks or piping.

(b) Exceptions. This subsection and sub. (5) do not apply to any of the following:

1. Any farm or residential underground storage tank system which has a capacity of less than 1,100 gallons and which is used for storing motor fuel for noncommercial purposes.

2. Any underground storage tank system which has a capacity of less than 4,000 gallons and which is used for storing heating oil for consumptive use on the premises where stored.

5. Airport fuel hydrant systems.