Wisconsin Legislature: ATCP 93.500(3)

(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.

1. Electronic interstitial monitoring installed in new tank or pipe systems after November 1, 2019, shall have the ability to generate a printed status report and alarm history report, except as provided in subd. 2.

2. Subdivision 1. does not apply to any interstitial monitoring device for piping that automatically shuts down product flow when liquid is detected inside the secondary-containment space.

(d) Motor fuel dispenser containment. All new motor fuel dispensing systems and all new dispensers added to an existing island or to an extension of existing pipe shall have under-dispenser containment.

(2) Flexible connections. Flexible piping approved under s. ATCP 93.130 or listed metallic flex connectors shall be used in all of the following locations:

(a) At the top of the tank.

(b) Below the dispenser.

(3) Underground tank design.

(a) General. Tanks designed and built for underground use may not be used aboveground.

(b) Tanks for Class I, II, IIIA, or IIIB liquids. Tanks used for underground storage of Class I, II, IIIA, or IIIB liquids shall be listed and shall comply with the construction and marking requirements in s. ATCP 93.250.

Note: See s. ATCP 93.130 (5) for listing and labeling requirements for underground tanks.

(c) Reuse of tanks. Tanks that are moved from one underground location to another shall meet all of the following requirements:

1. The integrity of the tank shall be assessed and certified by the manufacturer, or a registered professional engineer, stating that the tank still meets the construction requirements in s. ATCP 93.250. The certification and a report of the assessment shall be included in the plan review documentation for the new installation.

2. The integrity assessment required in subd. 1 shall occur after the tank has been removed.

3. The tank shall meet all the installation requirements in this chapter.

(4) System access.

(a) Underground 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, inspection or replacement.

Note: Piping elbows are an example of connections that do not need access because typically they do not need maintenance or inspection. Valves, extractor fittings, flex connectors, corrosion-protection test connections, and overfill prevention devices are examples of connections that need this access.

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

(5) Secondary containment for piping.

(a)

1. When any underground product piping is installed as part of a new tank system or when 50 percent or more of a run is replaced, the piping shall be provided with approved secondary containment with non-discriminating electronic interstitial monitoring, except as specified in subd. 2., sub. (1) (b), and s. ATCP 93.300 (7).

Note: Underground fill piping is included in the piping that is addressed by this subdivision.

a. Sumps for new or replacement underground fill piping that does not drop vertically into a tank may be monitored visually on a monthly basis, instead of monitored with an electronic sensor.

b. Secondary containment is not required for underground fill piping that drops vertically into a tank.

c. Secondary containment is not required for pedestal-type suction pumps with a vertical riser that is readily visible and is located directly above the riser connection to the tank.

(b) The material used for fabricating both the primary and secondary containment shall be listed in accordance with a standard that assures liquid- and vapor-tightness.

Note: The UL 971 standard meets this requirement.

(c) All pipe connections provided at the dispenser and at the top of the tank that routinely contain product and are installed or replaced on or after February 1, 2009, shall be placed within a secondary containment sump.

(d) All existing pipe connections at the top of the tank and beneath all freestanding pumps and dispensers that routinely contain product shall be placed within secondary containment sumps by January 1, 2021.

(e) All pipe connections at a transition between aboveground and underground piping that are installed or replaced on or after February 1, 2009, shall be placed within a secondary containment sump at the time of installation or replacement.

(f)

1. Secondary containment sumps provided under this subsection shall have non-discriminating electronic sensors to detect liquids located in the lowest collection point of the sump, unless approved otherwise by the department.

2. Piping that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection may not pass through the bottom of the sump.

3. All electrical conduit and wiring that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection for dispensers shall pass over the top of the sump wall rather than through the wall or bottom of the sump.

Note: This subsection recognizes existing dispenser pans, spray-on liners, brushed-on liners, formed-in-place containment products, and other effective secondary containment practices that are currently in use.

(g) A tank-connection sump is not required for a safe suction piping system, installed before August 1, 2009, unless 50 percent or more of a run is replaced after that date.

(h) Secondary containment is not required for a pipe manifold connecting 2 or more tanks, installed before August 1, 2009.

(6) Installation.

(a) General.

a. The installation of underground tanks and associated piping shall be performed or supervised by a certified installer.

b. A certified installer shall verify that the installation of the electrical components for a tank system does not conflict with this chapter, except this verification is not required for the electrical criteria in ch. SPS 316.

2. All installation shall be in accordance with the manufacturer’s instructions, the applicable national standards adopted in s. ATCP 93.200, plans and specifications approved under s. ATCP 93.100 and this chapter.

3. Tank and pipe interstitial leak detection equipment shall be tested for operability and functionality at installation.

(b) Tanks.

1. Tanks shall have an air pressure and soap test performed after unloading.

a. All new and replacement tanks and pipe systems shall pass a pre-operational pressure or vacuum testing that assure that the tank, pipe, and all connections are tight in accordance with NFPA 30 section 21.5 and PEI RP100 chapters 11 and 14 before the tanks and pipe systems are placed into service.

am. Pre-operational testing shall be recorded on the department’s pre-operational test form, TR-WM-155, and shall be maintained onsite in accordance with sub. (9) (a).

b. If a volumetric tank integrity test is used, it shall be capable of detecting a leak of 0.1 gallon per hour from any portion of the tank when the tank is at least 70 percent full of product, shall be approved in accordance with s. ATCP 93.130, and shall be performed in accordance with the approval. In addition, a tightness test shall be performed on the ullage portion of the tank in accordance with s. ATCP 93.515 (10).

Note: Volumetric tests approved under section ATCP 93.130 at 95 percent capacity are acceptable under this section at 70 percent capacity in combination with the ullage test.

c. If a non-volumetric tank integrity test is used, it shall be capable of detecting a leak of 0.1 gallon per hour from any portion of the tank at any product level.

d. The volumetric or non-volumetric tests performed under this section shall be conducted by a certified tank system tightness tester. An automatic tank gauge cannot be used to perform the volumetric or non-volumetric test requirement under this paragraph.

3. If the tank has integral secondary containment, both the primary and secondary containment shall be tested in accordance with this paragraph.

Note: The department has accepted use of the following standards in testing secondary containment under this paragraph: Steel Tank Institute Recommended Practice R012, Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks. This standard is available from the Steel Tank Institute at 644 Donata Court, Zurich, IL 60047 and Fiberglass Tank and Pipe Institute Protocol, Field Test Protocol for Testing the Annular Space of Installed Underground Fiberglass Double and Triple-Wall Tanks with Dry Annular Space. This standard is available by contacting FTPI at http://www.fiberglasstankandpipe.com.

4. Tanks may be ballasted during installation with either clean potable water or the regulated liquid that will be stored in the tank.

a. If ballasted with the regulated liquid, all of the following shall be required: interstitial monitoring either by electronic sensor or weekly visual reading of interstitial vacuum gauge with vacuum gauge readings kept in a written log at the installation site; vent risers installed at the appropriate height for class of product; drop tube with automatic shutoff at 95 percent; and spill containment installed at the fill.

b. Tanks ballasted under this paragraph shall have a fully functional electronic interstitial monitoring system installed prior to operation.

1. Piping shall be shown to be leak-free by testing before backfilling and after backfilling.

2. Pressure piping, or suction piping with a check valve located at the tank, shall pass a precision tightness test in accordance with s. ATCP 93.515 (4) (a) 1. before being placed into service.

3. Piping that has leak detection provided by electronic line leak detection shall have the leak detection system certified as operable by performing a functional leak test in accordance with s. ATCP 93.515 (8) (e) before the piping is placed into service.

4. Any aboveground product or vent piping that is adjacent to or in the path of motorized vehicles or equipment shall have vehicle collision protection meeting the performance requirements in s. ATCP 93.430, unless approved otherwise by the authorized agent or the department.

5. Vent piping shall meet the requirements of NFPA 30 Subchapter 27.8 except the termination height of normal vent piping for Class II and Class III liquids shall be a minimum of 4 feet above the ordinary snow line.