Wisconsin Legislature: ATCP 93.680(6)(c)2.

1. ‘Approved equipment.’ Equipment or components used for storing or dispensing ethanol-blended motor fuel shall be listed or shall be verified by the manufacturer as being compatible with ethanol-blended fuel, except where otherwise approved in writing by the department.

Note: The department and the EPA accept use of the criteria in API 1626, as adopted in s. ATCP 93.200, to demonstrate compatibility for UST systems storing ethanol blends under this section.

2. ‘Dispenser nozzles and hoses.’ Dispensers that are installed on or after February 1, 2009, shall use a separate fueling nozzle and hose for dispensing ethanol-blended motor fuels of more than 10 percent ethanol by volume.

Note: See ch. ATCP 94 for signage requirements for ethanol-blended fuels.

3. ‘In-line filters.’ A 1- or 2-micron in-line filter shall be used for dispensing ethanol-based fuel.

4. ‘Lined tanks.’ Tanks with linings regulated under s. ATCP 93.530 may not be used to store ethanol-blended fuels.

(4) Notification procedures for ethanol blends.

(b) At least 30 days prior to commencing conversion to an ethanol-blended fuel, a certified installer or professional engineer shall complete part I of the department’s alternative fuel installation/conversion application form, TR-WM-132, and submit it to the department as part of the plan review submittal.

Note: Plan review is required in s. ATCP 93.100 for facilities converted to store and dispense ethanol-based fuels.

Note: Within a 1st class city, the provisions in par. (b) may be administered by that city instead of the department, as authorized in ss. ATCP 93.020 (8) and 93.110 (3) and (4). As of November 1, 2019, only the City of Milwaukee is a 1st class city.

(c) At least 15 days prior to commencing normal fueling operations using ethanol-blended fuel, the operator shall complete part II of the department’s alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuel Storage Tank System and/or Dispenser Installation/Conversion Application, and provide the completed form to the certified tank system inspector performing the pre-operational inspection.

Note: A map of weights and measures petroleum inspectors can be found at: https://datcp.wi.gov/Pages/Programs_Services/StorageTankContacts.aspx.

Note: See the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

Note: Form TR-WM-126, Alternative Fuels — Storage Tank Alternative Fuel Installation/Conversion Application, is available from the Bureau of Weights and Measures, PO 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/PetroleumHazStorageTanks.aspx.

(5) Material compatibility for biodiesel blends. Equipment used to store or dispense fuel consisting of more than 5 percent biodiesel by volume may not contain or consist of any of the following materials:

(a) Metals. Zinc, lead, aluminum, or alloys containing these metals such as brass or terne.

Note: Terne-plated steel and lead-based solder are commonly used in equipment that handles gasoline. These materials will dissolve when in contact with high concentrations of biodiesel.

(b) Natural materials. Cork, leather, or natural rubber.

Note: Materials that have been shown to be generally compatible with high concentrations of biodiesel include unplated steel, stainless steel, black iron, bronze, Neoprene rubber, Buna-N, polypropylene, nitrile, Viton, Teflon, thermoset reinforced fiberglass and thermoplastic piping material.

(6) General requirements for biodiesel blends.

(a) Tank cleaning.

1. If another type of fuel was stored in the tank, the tank shall be cleaned in accordance with API 2015 or another method approved by the department, before introducing fuel consisting of more than 5 percent biodiesel by volume.

Note: See s. ATCP 93.230 (15) for related cleaning criteria when changing the type of liquid stored in a tank.

2. All cleaning work shall be performed by a certified tank cleaner unless specifically approved by the department based on an alternate cleaning method.

Note: Most metal storage tanks and pipe other than galvanized steel are compatible with biodiesel. However, some fiberglass storage tank systems manufactured before 1995 might not be compatible with higher levels of biodiesel. The tank manufacturer and installation contractor should be consulted for additional information on the reuse of underground storage tanks.

(b) Tightness testing. A precision tightness test shall be performed on the tank and piping in accordance with s. ATCP 93.515 (4) before placing the tank system back into service.

1. ‘Approved equipment.’ Equipment or components used for storing or dispensing fuel consisting of more than 5 percent biodiesel by volume shall be listed or shall be verified by the manufacturer as being compatible with the fuel except where otherwise approved in writing by the department.

2. ‘Dispenser nozzles and hoses.’ Dispensers that are installed on or after November 1, 2019, shall use a separate fueling nozzle and hose for dispensing fuel consisting of more than five percent biodiesel by volume.

Note: See ch. ATCP 94 for signage requirements for biodiesel-blended fuels.

3. ‘Inline filters.’ A two- or ten-micron inline filter shall be used for dispensing fuel consisting of more than five percent biodiesel by volume.

4. ‘Lined tanks.’ Tanks with linings regulated under s. ATCP 93.530 may not be used to store fuel consisting of more than five percent biodiesel by volume.

(7) Notification procedures for biodiesel blends.

(a) At least 30 days prior to commencing conversion to biodiesel blends, a certified installer or professional engineer shall complete part I of the department’s alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuel Storage Tank System and/or Dispenser Installation/Conversion Application, and submit it to the department as part of the plan review submittal.

Note: Plan review is required in s. ATCP 93.100 for facilities converted to store and dispense fuel consisting of more than five percent biodiesel by volume.

(b) At least 15 days prior to commencing normal fueling operations using fuel consisting of more than five percent biodiesel by volume, the operator shall complete part II of the department’s alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuel Storage Tank System and/or Dispenser Installation/Conversion Application, and provide the completed form to the certified tank system inspector performing the preoperational inspection.

Note: See the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

Note: Form TR-WM-132, Alternative Fuels—Storage Tank Alternative Fuel Installation/Conversion Application, is available from the department’s Web site at http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (6) (c) 2. made under s. 13.92 (4) (b) 14., Stats., Register October 2019 No. 766; correction in (4) (c), (7) (a), (b) made under s. 13.92 (4) (b) 6., Stats., Register February 2022 No. 794.

Subchapter VII — Financial Responsibility

ATCP 93.700 Applicability.

(1) This subchapter applies to owners and operators of any of the following storage tank systems, whether new or existing, that are in-use, seldom-used or temporarily out of service:

(a) Petroleum underground storage tank systems.

(b) Petroleum aboveground storage tank systems located on piers that are not of solid-fill construction.

(c) Petroleum aboveground storage tank systems, located on floating structures or watercraft, that are not used exclusively for the propulsion of that floating structure or watercraft.

(d) Tank wagons.

(e) Tank vehicles that perform fueling operations covered in s. ATCP 93.610 (3).

(f) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with single bottoms, that were upgraded with tank lining but not placed in impermeable dike systems.

(g) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with double bottoms, that are not provided with interstitial monitoring and not placed in impermeable dike systems.

(2) This subchapter does not apply to any of the following:

(a) State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States.

(b) Owners and operators of the following storage tank systems:

1. Farm and residential underground storage tank systems which have a capacity of less than 1,100 gallons and which are used for storing motor fuel for noncommercial purposes.

2. Storage tank systems used for storing heating oil for consumptive use on the premises.

3. Any tank system in sub. (1) (a) that is permanently closed in accordance with s. ATCP 93.560.

(3) If the owner and operator of a petroleum storage tank are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance.

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

ATCP 93.703 Definitions. In this subchapter:

(1) “Accidental release” means any release of petroleum arising from operating a storage tank system that results in a need for corrective action or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator.

(2) “Affidavit of financial responsibility” means a form, supplied by the department on which the owner and operator attest to compliance with 40 CFR 280.111.

Note: The affidavit of financial responsibility is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or by telephone at (608) 224-4942, or from the Bureau’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx.

Note: The affidavit of financial responsibility is required in addition to the certification showing the specific type of financial responsibility. See s. ATCP 93.745 (2) (j) for further information.

(3) “Aggregate” means an accident or a continuous or repeated exposure to conditions that result in a release from a storage tank system which might occur in one year.

Note: This definition is intended to assist in the understanding of these regulations and is not intended either to limit the meaning of “aggregate” in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of “aggregate.”

(4) “Bodily injury” has the meaning given to this term by applicable Wisconsin statutes; however, this term does not include those liabilities that, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury.

Note: For further information about this term, see ch. Ins 6, which interprets this term as it is used in s. 292.63 (1) (ad), Stats., for petroleum storage environmental cleanup.

(5) “Controlling interest” means direct ownership of at least 50 percent of the voting stock of another entity.

(6) “Financial reporting year” means the latest consecutive 12-month period for which any of the following reports are prepared:

(a) A 10-K report submitted to the US securities and exchange commission.

(b) An annual report of tangible net worth submitted to Dun and Bradstreet.

Note: “Financial reporting year” may thus comprise a fiscal or a calendar year period.

(7) “Legal defense cost” means any expense that an owner or operator or provider of financial assurance incurs in defending against claims or actions brought by any of the following:

(a) By the EPA or the department to require corrective action or to recover the costs of corrective action.

(b) By or on behalf of a third party for bodily injury or property damage caused by an accidental release.

(8) “Occurrence” means an accident, or a continuous or repeated exposure to conditions, that results in a release from a storage tank system.

Note: This definition is intended to assist in the understanding of these regulations and is not intended either to limit the meaning of “occurrence” in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of “occurrence.”

(9) “Operation” or “in operation” means the underground storage tank was used to store a regulated substance at any time after December 22, 1988, regardless of the current status of the tank.

(10) “Owner or operator,” when the owner or operator are separate parties, means the party that is obtaining or has obtained financial assurances.

(11) “Petroleum marketing facilities” means all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.

(12) “Petroleum marketing firms” means all firms owning petroleum marketing facilities. Firms owning other types of facilities with tanks covered in the scope of this subchapter as well as petroleum marketing facilities are considered to be petroleum marketing firms.

(13) “Property damage” has the meaning given to this term by administrative rules of the office of commissioner of insurance. This term does not include those liabilities that, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for property damage. However, such exclusions for property damage do not include corrective action associated with releases from tanks that are covered by the policy.

Note: For further information about this term, see ch. Ins 6, which interprets this term as it is used in s. 292.63 (1) (ad), Stats. for petroleum storage environmental cleanup.

(14) “Provider of financial assurance” means an entity that provides financial assurance to an owner or operator of a tank system covered in this subchapter through one of the mechanisms listed in ss. ATCP 93.710 to 93.735, including a guarantor, insurer, risk retention group, surety, issuer of a letter of credit, issuer of a state-required mechanism, or a state.

(15) “Substantial business relationship” means the extent of a business relationship necessary under Wisconsin law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued incident to that relationship if it arises from and depends on current economic transactions between the guarantor and the owner or operator.

(16) “Tangible net worth” means the tangible assets that remain after deducting liabilities; the assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, “assets” means all current and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.