Chapter ATCP 93

ATCP 93.500 Note Note: The one-time-repair limit in this section does not apply to connection boots or clamps. This section is directed instead at patches to the wall or floor of a sump, because these patches commonly have failed by delaminating.

ATCP 93.500(8)(b)3. 3. That may have released product to the environment is repaired or replaced under subd. 1. or 2. or when an initial sump is installed for preexisting piping on or after November 1, 2019, an assessment shall be performed in accordance with ss. ATCP 93.580 to 93.585.

ATCP 93.500 Note Note: See s. ATCP 93.605 (1) (g) for maintenance requirements relating to water levels in storage tanks for motor fuel dispensing facilities.

ATCP 93.500 Note Note: See s. ATCP 93.230 (8) to (10) for additional facility maintenance requirements.

ATCP 93.500(8)(c) (c)

ATCP 93.500(8)(c)1. 1. Except for double-walled containment with continuous electronic pressure, vacuum, or liquid-filled interstitial monitoring, all new or existing containment sumps that are part of a piping interstitial monitoring system shall be tested for leaks at least once every 3 years in accordance with one of the following methods:

ATCP 93.500(8)(c)1.a. a. Methods prescribed in sub. (6) (d).

ATCP 93.500(8)(c)1.b. b. A code of practice developed by a nationally recognized association or independent testing laboratory.

ATCP 93.500(8)(c)1.c. c. Another method approved by the department.

ATCP 93.500(8)(c)2. 2. Containment sump tightness testing shall be performed by a person with no personal or monetary interest in the facility and whose employer has no personal or monetary interest in the facility.

ATCP 93.500 Note Note: Requests for alternate method should be submitted on the TR-WM-157 form. This form is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

ATCP 93.500(9) (9) Record keeping.

ATCP 93.500(9)(a) (a) General. Operators of new and existing underground storage tank systems shall maintain all of the following records:

ATCP 93.500(9)(a)1. 1. Documentation of any system repairs, alterations or upgrades, including software and hardware upgrades, and any inspections required under this chapter. These inspections include any precision tightness testing, ullage testing, or other testing that is required for determining whether a tank system component is liquid-tight or otherwise complying with this chapter.

ATCP 93.500 Note Note: For examples of this testing, see the testing for spill-containment basins in s. ATCP 93.505 (3) (b) 1., and the tightness testing described in the Note under s. ATCP 93.510 (1) (e).

ATCP 93.500(9)(a)2. 2. Documentation demonstrating conformance with leak detection requirements, and the manner in which these claims have been justified or tested by the equipment manufacturer and certified installer, including all of the following:

ATCP 93.500(9)(a)2.a. a. Information pertaining to the leak detection system, including the material approval as issued under s. ATCP 93.130 that was valid when the system was installed; operator manual; warranty; and documentation verifying that the equipment has been installed, programmed and tested to perform as required in this chapter.

ATCP 93.500(9)(a)2.b. b. Testing results obtained from leak detection equipment, as retained from the equipment’s printer or a handwritten log kept on site.

ATCP 93.500(9)(a)2.c. c. Documentation maintained for all calibration, inspection, monitoring, testing, repair, and annual performance verification of leak detection equipment permanently located onsite.

ATCP 93.500(9)(a)3. 3. Response to and investigation of leak detection alarms.

ATCP 93.500(9)(a)4. 4. Documentation maintained for all calibration, inspection, monitoring, testing, repair, and periodic performance verification of any corrosion protection equipment permanently located onsite.

ATCP 93.500(9)(a)5. 5. Analysis from a corrosion expert of site corrosion potential if corrosion protection equipment is not used.

ATCP 93.500(9)(a)6. 6. Records of any environmental information that has accrued for a site, such as from site inspections or investigations, phase I or II environmental site assessments, or repairs, or from tank-system site assessments conducted under ss. ATCP 93.560 to 93.585.

ATCP 93.500(9)(a)7. 7. Documentation of product inventory verification at facilities that are subject to the requirements of ch. ATCP 94.

ATCP 93.500(9)(a)8. 8. Results of functional testing of impact and emergency shutoff valves.

ATCP 93.500 Note Note: See NFPA 30A section 6.3.9.1 for testing requirements.

ATCP 93.500(9)(a)9. 9. Electrical continuity testing for dispensers of motor fuels that are Class I liquids.

ATCP 93.500(9)(a)10. 10. One set of stamped, approved plans and specifications and a copy of the approval letter.

ATCP 93.500(9)(a)11. 11. Documentation of compliance with the compatibility requirements in s. ATCP 93.680 (3) (c) 1. or (6) (c) 1. as applicable to the ethanol or biodiesel blend.

ATCP 93.500(9)(b) (b) Availability of records.

ATCP 93.500(9)(b)1. 1. Operators shall maintain the required records at the site, except as provided in subds. 2. and 3. and par. (c) 11.

ATCP 93.500(9)(b)2. 2. Operators of unattended sites shall make the records available for inspection at the site when given 72 hours of prior notice.

ATCP 93.500(9)(b)3. 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.

ATCP 93.500(9)(b)4. 4. Records may be kept electronically, provided they are in a format acceptable to the department.

ATCP 93.500(9)(c) (c) Maintenance of records. Records shall be maintained for the following periods from the date of the most recent test, inspection or upgrade:

ATCP 93.500(9)(c)1. 1. Monthly leak detection monitoring — one year.

ATCP 93.500(9)(c)2. 2. Annual precision tightness testing — one year.

ATCP 93.500(9)(c)3. 3. Periodic precision tightness testing in association with inventory control — until the next test is conducted.

ATCP 93.500(9)(c)4. 4. Impressed current corrosion protection system, 60-day inspection — the previous 3 inspections.

ATCP 93.500(9)(c)5. 5. Corrosion protection system, annual test — the previous 3 tests.

ATCP 93.500(9)(c)6. 6. Internal inspection associated with underground tank lining — 10 years.

ATCP 93.500(9)(c)7. 7. Annual performance verification of leak detection equipment and flow restrictor — 2 years.

ATCP 93.500(9)(c)8. 8. Results of functional testing of impact and emergency shut-off valves and electrical continuity testing for dispensers — 2 years.

ATCP 93.500(9)(c)9. 9. The owner’s manual provided by the leak detection equipment manufacturer — until the leak detection system is replaced or no longer used.

ATCP 93.500(9)(c)10. 10. Any tank or pipe system modification or repair — the operational life of the system.

ATCP 93.500 Note Note: Lifetime maintenance of repair and upgrading records is required by 40 CFR 280.33 (f).

ATCP 93.500(9)(c)11. 11. Inspection or testing records — 3 years or the interval between required inspections or testing, whichever is longer.

ATCP 93.500(9)(c)12. 12. 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:

ATCP 93.500(9)(c)12.a. a. With the owner or operator who took the UST system out of service.

ATCP 93.500(9)(c)12.b. b. With the current operator of the UST system site.

ATCP 93.500(9)(c)12.c. c. With the department if records cannot be maintained at the closed facility.

ATCP 93.500(9)(c)13. 13. Leak detection alarm investigation — 2 years.

ATCP 93.500(9)(c)14. 14. Product inventory verification in accordance with s. ATCP 93.503, inventory control in accordance with s. ATCP 93.515 (2), or statistical inventory reconciliation in accordance with s. ATCP 93.515 (6) — 10 years.

ATCP 93.500(9)(c)15. 15. One set of stamped, approved plans and specifications and a copy of the approval letter — the operational life of the system.

ATCP 93.500(9)(c)16. 16. 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.

ATCP 93.500 Note Note: All leak detection records should be retained permanently. The documentation could be helpful to exclude the site as a possible source of contamination at a later date.

ATCP 93.500 Note Note: Section ATCP 93.870 has record keeping requirements for operator training or USTs that are required to have a permit to operate from the department.

ATCP 93.500 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) (c) 1., (8) (b) 3. made under s. 13.92 (4) (b) 14., Stats., correction in (8) (b) 2., 3. made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (c) 2., (7) (g), (k) 1., (8) (c) 1. (intro.), c., (9) (b) 1. made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.503 ATCP 93.503 Product inventory verification at retail facilities.

ATCP 93.503(1) (1) This section applies to any tank system from which products are offered for retail sale to the public that are subject to the requirements of ch. ATCP 94.

ATCP 93.503 Note Note: Inventory verification can be particularly effective during regulatory investigations of consumer complaints about the quality of purchased fuels.

ATCP 93.503 Note Note: The inventory verification specified in this section is not required to conform to the inventory control specifications in API 1621.

ATCP 93.503(2) (2) To verify and maintain the integrity and quantity of delivered products, product inventory verification shall be conducted monthly for the life of the tank system, and reconciled on a monthly basis, in the following manner:

ATCP 93.503(2)(a) (a) Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank are recorded each operating day.

ATCP 93.503(2)(b) (b) The equipment used is capable of measuring the level of product over the full range of the tank’s height, to the nearest one-eighth of an inch.

ATCP 93.503(2)(c) (c) The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery. Where tanks are interconnected by a manifold, reconciliation may address all of the interconnected tanks as a group rather than as individual tanks.

ATCP 93.503(2)(d) (d) Product dispensing is metered and recorded in accordance with applicable requirements in ch. ATCP 92 for meter calibration or an accuracy of 6 cubic inches for every 5 gallons of product withdrawn.

ATCP 93.503(2)(e) (e) The measurement of any water level in the bottom of the tank is made to the nearest one-eighth of an inch at least once a month.

ATCP 93.503(3) (3) The reconciliation under sub. (2) shall be used to determine whether either of the following are indicated:

ATCP 93.503(3)(a) (a) A leak detection method has failed as indicated by an overall product loss for two consecutive months as addressed in s. ATCP 93.570 (4).

ATCP 93.503(3)(b) (b) Unauthorized product mixing has occurred, as indicated by an unexplained increase or decrease in product level and as addressed in ch. ATCP 94.

ATCP 93.503 Note Note: Where inventory control is used as the leak detection method, under s. ATCP 93.515 (2), the measurements and procedures followed there will satisfy the requirements for inventory verification in this section.

ATCP 93.503 Note Note: Where statistical inventory reconciliation is used as the leak detection method, under s. ATCP 93.515 (6), the same data may be used for the statistical inventory reconciliation and the inventory verification in this section, provided the requirements of the statistical inventory reconciliation vendor and of this section are both met, including the monthly reconciliation in this section.

ATCP 93.503 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.505 ATCP 93.505 Spill and overfill prevention.

ATCP 93.505(1) (1) General.

ATCP 93.505(1)(a) (a) Prior to delivery, the operator of the fuel 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.

ATCP 93.505(1)(b) (b) The transfer operation shall be monitored constantly by the operator of the delivery equipment so as to prevent overfilling and spilling.

ATCP 93.505(2) (2) Equipment. All underground storage tank systems, whether new or existing, shall meet all of the following requirements except par. (a) 1. a. does not apply to containment that was installed before February 1, 2009, and par. (a) 3. does not apply to containment that was installed before November 1, 2019:

ATCP 93.505(2)(a) (a) Spill prevention. A liquid-tight containment basin that meets all of the following requirements shall be provided on top of the tank, where connections are made for product fill piping:

ATCP 93.505(2)(a)1. 1.

ATCP 93.505(2)(a)1.a. a. The basin shall have a capacity of at least five gallons.

ATCP 93.505(2)(a)1.b. b. The basin shall be fabricated and installed in a manner that prevents release of liquids.

ATCP 93.505(2)(a)2. 2. The basin shall be equipped with either a drain system that directs spilled product into the tank or a mechanism to pump product out of the basin.

ATCP 93.505(2)(a)3. 3.

ATCP 93.505(2)(a)3.a. a. The basin shall be tested for leaks hydrostatically at installation in accordance with any manufacturer’s instructions, and the adopted standard PEI RP 1200, except as provided in subd. 3. b.

ATCP 93.505(2)(a)3.b. b. The testing in subd. 3. a. may be omitted for a spill containment basin that has continuous electronic pressure, vacuum, liquid-filled interstitial monitoring in addition to double-wall construction, if the monitoring system is tested at installation to verify that it operates in accordance with the manufacturer’s specifications.

ATCP 93.505(2)(b) (b) Overfill prevention.

ATCP 93.505(2)(b)1. 1. Overfill prevention equipment shall be provided that will operate as follows unless approved otherwise in writing by the department: