ATCP 93.565 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; (1) (title) created under s.
13.92 (4) (b) 2., Stats., and correction in (2) (intro.), (b) 1., 7. made under s.
35.17, Stats.,
Register October 2019 No. 766.
ATCP 93.570
ATCP 93.570 Conditions indicating a release. The owner or operator of a storage tank system shall follow the procedures in s.
ATCP 93.575 when any of the following conditions exist or when ordered to do so by the department:
ATCP 93.570(1)
(1)
Operating conditions. Unusual operating conditions exist, such as erratic behavior of product dispensing equipment, loss of product from the tank system, an unexplained presence of water in the tank, or water or product in the interstitial space of a secondarily contained system.
ATCP 93.570 Note
Note: Significant damage to equipment would be considered to be an unusual operating condition that could result in needing to perform the assessments specified in s.
ATCP 93.575.
ATCP 93.570(2)
(2)
Monitoring results. Results from a leak detection method, including an alarm, indicate that a release may have occurred.
ATCP 93.570(3)
(3)
Off-site impacts. Off-site impacts appear, such as the presence of contaminated soils or free product, dissolved phase product or vapors in soils, basements, sewer or utility lines, or nearby waters of the state.
ATCP 93.570(4)
(4)
Inventory verification. Inventory verification results indicate that a required method of leak detection has failed.
ATCP 93.570 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.575
ATCP 93.575 Tank-system integrity assessment. ATCP 93.575(1)(1)
General. The owner or operator shall assess all suspected or obvious releases in accordance with sub.
(2) within 7 business days of discovery of any of the conditions described in s.
ATCP 93.570, unless any of the following conditions occur:
ATCP 93.575(1)(a)
(a) System equipment or the monitoring device is found to be defective and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result.
ATCP 93.575(1)(b)
(b) Inventory control is the method of leak detection, as allowed by s.
ATCP 93.510 (3) (d), and the data is reevaluated using an additional 7 days of data, and the reevaluation does not show a loss.
ATCP 93.575(2)
(2)
Assessment. The owner or operator shall evaluate and confirm all suspected or obvious releases by taking one or all of the following actions and shall also do so in accordance with any corresponding directive of the department:
ATCP 93.575(2)(a)2.
2. For UST systems with secondary containment, the owner or operator shall have the integrity of the interstitial space tested in accordance with one of the following, to determine whether a breach of the interstitial space has occurred:
ATCP 93.575(2)(a)2.a.
a. Requirements developed by the manufacturer, if the manufacturer has developed testing requirements.
ATCP 93.575(2)(a)2.b.
b. An approved standard developed by a nationally recognized association or independent testing laboratory.
ATCP 93.575(2)(a)2.c.
c. Requirements determined by the department to be no less protective of human health and the environment than the requirements listed in this subdivision.
ATCP 93.575(2)(b)
(b)
Tank-system site assessment. The owner or operator shall have the site assessed for the presence of a release in accordance with s.
ATCP 93.580.
ATCP 93.575 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.580(1)(1)
General. When a tank-system site assessment is required by this chapter, or when directed by the department, the owner or operator shall have the site evaluated for the presence of a suspected or obvious release in accordance with sub.
(3).
ATCP 93.580 Note
Note: An “obvious release” means there is an indication of a release, and there is both environmental evidence, such as soil discoloration, observable free product, or odors — and a known source, such as a tank or piping with cracks, holes or rust plugs, or leaking joints. A “suspected release” means either of the following: (a) There is an indication that a tank system has leaked — such as inventory losses; observable free product or evidence of free product in secondary containment at dispensers, submersible pumps or spill buckets; petroleum odors; or leak detection alarm system activation — but there is no observable environmental evidence of a release; or (b) There is observable environmental evidence of a release, such as soil discoloration or free product, but the source is unknown.
ATCP 93.580(2)
(2)
Exemption from assessment. A tank system site assessment is required for the following tank systems or components only if there is a suspected or obvious release:
ATCP 93.580(2)(a)
(a) Tanks which have a capacity of less than 4,000 gallons and which stored heating oil for consumptive use on the premises where stored.
ATCP 93.580(2)(b)
(b) Tanks located at a private residence or on a farm premises, which have a capacity of less than 1,100 gallons, and which stored fuel for dispensing into motorized vehicles.
ATCP 93.580(2)(c)
(c) The closure of double-wall pipe when modification or upgrading is conducted on a system that will remain in operation, unless the piping is to be closed in-place.
ATCP 93.580(2)(d)
(d) Where the entire tank system, including the connections at the tank and dispensers, has been placed in liquid-tight secondary containment for the entire operational life of the system.
ATCP 93.580(3)(a)
(a)
General. When a tank-system site assessment is required, the owner or operator shall have a certified tank-system site assessor document field observations and sample for the presence of a release wherever contamination is identified or is most likely to be present at the tank site. If the assessor discovers obvious contamination, he or she shall complete the appropriate assessment sampling, such as for the entire system; or for only the tank, or piping, or sumps, or dispensers, and complete the documentation and reporting in its entirety. All sampling, documentation, and reporting under this paragraph shall be in a format prescribed by the department.
ATCP 93.580 Note
Note: The sampling documentation and reporting prescribed by the department is contained in
Tank System Site Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious Releases from Underground and Aboveground Storage Tank Systems available from the department's Web site at
https://datcp.wi.gov/Documents/TSSA.pdf.
ATCP 93.580 Note
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 $5,000 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.
ATCP 93.580(3)(b)
(b)
Exception. A person who is not a certified tank-system site assessor may perform assessments if directly supervised by a certified tank-system site assessor who is on the site during the entire assessment.
ATCP 93.580(3)(c)1.1. The documentation required in par.
(a) shall be filed with the owner or operator no later than 21 business days after discovery of the conditions that resulted in the assessment.
ATCP 93.580(3)(c)2.
2. For all tank or piping removals, any replacement of single-wall spill containment under s.
ATCP 93.505 (2) (a), and for all releases that must be reported to the department of natural resources under s.
ATCP 93.585 (2), the documentation required in par.
(a) shall also be filed with the department of natural resources no later than 21 business days after the tank or component removal or the discovery of the release.
ATCP 93.580 Note
Note: Send the documentation that must be filed with the department of natural resources under this section to the Environmental Program Associate in the applicable DNR regional office. Contact information for the Environmental Program Associates is available through the following DNR Web site:
http://dnr.wi.gov/topic/brownfields/contact.html.
ATCP 93.580 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.585
ATCP 93.585 Responding to a leak, spill, overfill or release. ATCP 93.585(1)(a)(a)
Leaks. Immediately upon discovery of any evidence of a leak from a tank system or dispensing system, the owner or operator or any contractor performing work under this chapter shall take all measures necessary to stop the leak and to prevent migration of any free product into the environment.
ATCP 93.585(1)(b)
(b)
Releases. Immediately upon confirming any suspected release or discovering any obvious release, the owner or operator shall investigate the extent of contamination, and undertake corrective and mitigation actions in accordance with s.
292.11 (3), Stats.
ATCP 93.585(2)(a)
(a)
Reporting to the department of natural resources. The owner or operator or a person who causes it shall immediately report any release of a regulated substance to the department of natural resources in accordance with s.
292.11 (2), Stats.
ATCP 93.585 Note
Note: Releases that must be reported to the department of natural resources under s.
292.11 (2), Stats., include the discovery of contaminated soils or free product; dissolved phase product or vapors, in soils, in basements, in sewer or utility lines, or in surface water or groundwater either at the tank site or in the surrounding area; and spills or overfills.
ATCP 93.585 Note
Note: Releases of substances defined in section 101 (14) of CERCLA that are not flammable or combustible liquids must also be reported to the department of natural resources in accordance with ch.
292, Stats.
ATCP 93.585 Note
Note: For more information about reporting releases to the department of natural resources, refer to the DNR Web site at
http://dnr.wi.gov/topic/Spills/Report.html. That site includes a notice to use a 24-hour hotline number of 1-800-943-0003 for reporting spills.
ATCP 93.585 Note
Note: 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.
ATCP 93.585 Note
Note: Department staff and authorized agents periodically inspect storage facilities for petroleum products and other hazardous substances. These inspectors have authority to report any release encountered during these inspections that has not been reported to the DNR by the owner or operator — and these releases may become the subject of formal enforcement actions.
ATCP 93.585(2)(b)
(b)
Reporting to the owner or operator. Fuel-delivery persons shall immediately inform the owner or operator of any overfilling or spilling which occurs during the delivery procedure and which may result in or be a release.
ATCP 93.585(2)(c)
(c)
Reporting under CERCLA. The release of a regulated substance to the environment that equals or exceeds its reportable quantity under CERCLA shall be reported immediately to the EPA.
ATCP 93.585 Note
Note: The CERCLA List of Hazardous Substances and Reportable Quantities is contained in
40 CFR 302.4, Table 302.4.
ATCP 93.585(3)
(3)
Fire hazard response. The owner or operator shall identify, mitigate and monitor fire and explosion hazards, such as the presence of free product or vapors in structures.
ATCP 93.585(4)
(4)
Prevention of further release. The owner or operator shall take action to prevent further release of the regulated substance to the environment, including all of the following:
ATCP 93.585(4)(a)
(a) Removing and safely storing as much of the regulated substance from the tank system as necessary to prevent further release to the environment.
ATCP 93.585(4)(b)
(b) Taking steps to prevent migration of the substance, including managing any contaminated soils or water in accordance with ch.
292, Stats.
ATCP 93.585(5)(a)
(a) No later than 21 business days after reporting a release under this section, the owner or operator shall submit documentation to the department of natural resources demonstrating compliance with subs.
(1) (b) and
(4), and demonstrating that the corrective and mitigation actions which were taken have accomplished or will accomplish all of the following:
ATCP 93.585(5)(a)2.
2. Minimization of the harmful effects from the release to the air, lands or waters of Wisconsin.
ATCP 93.585(5)(b)
(b) Any repairs or changes to a tank system that are made because of a release reported under this section shall be reported to the department within 21 business days of completing the repair or change.
ATCP 93.585 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.600
ATCP 93.600 Applicability. This subchapter applies to all new and existing motor fuel dispensing facilities, except where specified otherwise.
ATCP 93.600 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.605
ATCP 93.605 General fuel dispensing requirements. ATCP 93.605(1)(a)
(a)
General. Periodic and annual inspections and maintenance shall be conducted in accordance with PEI RP500 and RP900, except that PEI RP 900, Section 6, Daily UST Inspection Checklist items may be performed at least monthly rather than daily.
ATCP 93.605 Note
Note: In addition to the PEI RP500 and RP900 maintenance requirements, further criteria on maintaining USTs is available in standard STI R-111,
Storage Tank Maintenance, from the Steel Tank Institute, at
www.steeltank.com. This standard is applied to USTs under ss.
ATCP 93.230 (14) and
(15) and addresses topics such as how to keep the fuel clean, the effects of water and contaminants on fuel, how to monitor various types of tanks and fuels, how to clean tanks, and criteria to follow when switching fuels.
ATCP 93.605(1)(b)
(b)
Electrical continuity. Dispensers for motor fuel that is a Class I or Class II liquid shall be tested for electrical continuity in accordance with PEI RP400 when installing or replacing any hanging hardware assembly or component or when the hose breakaway becomes disconnected.
ATCP 93.605(1)(d)1.1. Nozzles used for dispensing motor fuel shall be listed and shall be automatic closing.
ATCP 93.605 Note
Note: Latch-open nozzles may be prohibited in some of the circumstances addressed by this chapter.
ATCP 93.605(1)(d)2.
2. New and replacement nozzle spouts shall comply with one of the following:
ATCP 93.605(1)(d)2.a.
a. Nozzle spouts used for spark-ignition fuels shall have an outside diameter of 0.807 to 0.840 inches.
ATCP 93.605(1)(d)2.b.
b. Nozzle spouts used for compression-ignition fuels for passenger cars and light-duty trucks shall have an outside diameter of 0.929 to 0.9375 inches.
ATCP 93.605(1)(d)2.c.
c. Nozzle spouts used for compression-ignition fuels for heavy-duty trucks and off-road heavy equipment shall have an outside diameter of either 1.122 to 1.250 inches or 0.929 to 0.9375 inches.
ATCP 93.605(1)(d)3.
3. Changing from one to another of the fuel types in subd.
2. shall include changing the nozzle spout to the size specified in subd.
2. for the new fuel.
ATCP 93.605 Note
Note: Per s.
ATCP 93.650, hose used for fueling aircraft must also meet the requirements of EI 1529.
ATCP 93.605(1)(e)2.
2. Where fueling hose is allowed to be longer than 18 feet, the hose shall be reeled or racked unless approved otherwise by the authorized agent or the department.
ATCP 93.605(1)(e)4.
4. Hose and fittings used for dispensing motor fuels shall be maintained in a manner where they are not subject to being driven over by vehicle traffic.
ATCP 93.605(1)(e)5.
5. Hose and fittings used for dispensing of flammable and combustible liquids shall be periodically inspected for wear and stress. Hose or fittings that are suspect or have the appearance of wear shall be immediately replaced.
