Chapter ATCP 93

ATCP 93.050 Note Note: Movable tanks are acceptable for use at construction projects, farms, and other locations recognized in subch. VI, where it is more practical to move the tank, typically by lifting equipment, to off-road motorized equipment for dispensing, rather than drive the motorized equipment to the tank.

ATCP 93.050(114)(j) (j) “Multi-compartment tank” or “multi-chamber tank” means a vessel that contains 2 or more compartments created by the presence of an interior wall so that 2 or more substances can be stored at the same time within a single tank shell.

ATCP 93.050 Note Note: In accordance with s. ATCP 93.250, each compartment of a multi-compartment tank is considered a separate tank, even if the same substance is stored in more than one compartment.

ATCP 93.050(114)(k) (k) “Portable tank” means an aboveground closed vessel that has a liquid capacity of 110 gallons or more; is not otherwise defined in this chapter; is equipped with skids, mountings or accessories to facilitate handling of the tank by mechanical means; and is not intended for fixed installation or for highway vehicle fueling. “Portable tank” includes intermediate bulk containers.

ATCP 93.050(114)(L) (L)

ATCP 93.050(114)(L)1. 1. “Process tank” or “flow-through process tank” means a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process and the tank is utilized to carry out or control the heating, cooling, mixing, blending, separating, metering, or chemical action of materials. The processing is done on a regular basis and it is the primary function of the tank.

ATCP 93.050(114)(L)2. 2. “Process tank” or “flow-through process tank” does not include a tank that is used for the storage of materials before their introduction into the production process or for the storage of finished products or by-products from the production process, or a tank that is only used to recirculate materials. A process tank would be considered a storage tank if the vessel is used as storage for a period exceeding 96 hours after the processing ends.

ATCP 93.050 Note Note: Process tanks are outside the scope of this chapter.

ATCP 93.050(114)(m) (m) “Product recovery tank” means a tank that forms an integral part of a ch. ATCP 93 regulated substance spill control system for a storage, processing or transfer area. The purpose of the tank is spill recovery and temporary containment. A product recovery tank does not include a tank that is used for the storage of materials or by-products from a flow-through reclamation process. A product recovery tank will be considered a storage tank if the vessel is used as storage for a period exceeding 96 hours after the control of a release or spill.

ATCP 93.050 Note Note: Product recovery tanks are outside the scope of this chapter.

ATCP 93.050(114)(n) (n) “Residential tank” means a tank located on the same property as a 1- or 2-family dwelling or a residential building that falls within the scope of chs. SPS 361 to 366 and used only by the residents of the property or for the maintenance of the property.

ATCP 93.050(114)(o) (o) “Service tank” means a tank that is used for a limited period of time during the servicing of liquid-bearing equipment, to hold liquids temporarily during the servicing, cleaning or relocation of the equipment.

ATCP 93.050 Note Note: Service tanks are outside the scope of this chapter. Service tanks include the defueling and refueling tanks that are used in commercial aviation environments. These tanks are used for removal of fuel from an aircraft to facilitate other maintenance for the aircraft and for return of that fuel to the aircraft immediately thereafter. They are typically not moved from one site to another and are operated by employees of an aviation service company under aviation service protocols and monitored situations.

ATCP 93.050(114)(p) (p) “Stationary tank” or “fixed tank” means a storage vessel intended for stationary installation and not intended for relocation, loading, unloading, or attachment to a transport vehicle, as part of its normal operation in the process of use.

ATCP 93.050(114)(q) (q) “Storage tank” means a liquid-tight vessel that is intended for fixed or stationary use or a tank that is used for fuel dispensing under subch. VI but is not used for any of the excepted purposes in s. ATCP 93.020 (6). This term includes a vessel which has a liquid capacity of 110 gallons or more and which is assembled and used with an engine as a single unit of equipment.

ATCP 93.050(114)(r) (r) “Work-top tank” means an aboveground steel rectangular tank for combined use as a working surface and a storage tank for Class IIIB liquids.

ATCP 93.050(115) (115) “Tank system” includes the primary tank and pipe, integral secondary containment, integral supports, leak detection, overfill prevention, spill containment, anti-siphon devices, any vapor-recovery system connected to the tank, and the necessary core components that allow the tank system to function as intended and in accordance with the installation requirements. Tank system configurations include onshore underground storage tanks, onshore aboveground storage tanks, and storage tanks over water that are integral with a stationary pier, floating vessel or floating structure for the purpose of storage or vehicle fueling.

ATCP 93.050 Note Note: In a typical fueling island, the dispensing system, as defined in sub. (41), begins immediately downstream of the emergency shutoff valve, and all components upstream of that point, including the shutoff valve, are part of the tank system.

ATCP 93.050(116) (116) “Tank-system integrity assessment” or “TSIA” means the process by which the department seeks to determine if the integrity of a tank system or any component thereof has been compromised. This process includes precision tightness testing, inventory reconciliation, visual inspection of system components, and calibration checks of dispensers and automatic tank gauges.

ATCP 93.050 Note Note: In general, TSIAs are to be performed if there are indications that the integrity of a system has been compromised.

ATCP 93.050(117) (117) “Tank-system site assessment” or “TSSA” means the process by which the department expects tank-system owners or operators to determine if a tank system or any component of that system has released petroleum products or other hazardous substances into the soil, groundwater or surface waters. This process includes all of the following:

ATCP 93.050(117)(a) (a) Observation of field conditions, such as stained soils; odors; pitting, holes or cracks in tank system components; observable leaks; and elevated in-field soil-gas readings.

ATCP 93.050(117)(b) (b) Collection of soil samples for laboratory analysis of petroleum products or other hazardous substances, as prescribed in the department’s Tank System Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious Releases From Underground and Aboveground Storage Tank Systems.

ATCP 93.050(117)(c) (c) Reporting of the field observations and sampling results in a format prescribed by the department.

ATCP 93.050 Note Note: In general, TSSAs are to be performed at the time a storage tank system, or some component thereof, is to be permanently closed, upgraded or repaired, or if a change in service is to take place.

ATCP 93.050 Note Note: Tank System Site Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious Releases From Underground and Aboveground Storage Tank Systems is available from the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

ATCP 93.050(118) (118) “Tank vehicle” means a tank truck or trailer system designed and constructed to comply with NFPA 385.

ATCP 93.050 Note Note: NFPA 385 recognizes 3 types of tank vehicles: (1) a tank truck in which the cargo tank is supported entirely on the truck chassis, (2) a tank semi-trailer in which the cargo tank is supported by both the truck chassis and trailer chassis, and (3) a tank full-trailer in which the cargo tank is supported entirely on the trailer chassis.

ATCP 93.050(119) (119) “Tank wagon” means a tank that is affixed to a trailer system with at least one axle, is constructed in accordance with s. ATCP 93.610 (1), has a liquid capacity of 1,100 gallons or less, and is used for storing and dispensing liquid motor vehicle fuel for equipment used on the site, or is used for storing other liquids regulated under this chapter. A tank wagon is not constructed to comply with NFPA 385.

ATCP 93.050 Note Note: Since a tank wagon is not designed and constructed under NFPA 385 criteria, it shall be towed empty on the road for transport and placement in accordance with s. ATCP 93.610 (1).

ATCP 93.050(120) (120) “Temporarily out of service” or “TOS” means a storage tank system that is not in use meets the requirements of s. ATCP 93.445 (1) or 93.545 (1) and is intended to be placed back into use within 24 months.

ATCP 93.050 Note Note: Temporarily out of service does not apply to stationary tanks that are of seasonal use, such as heating fuel storage tanks.

ATCP 93.050(121) (121) “Transfer area” means the area where product is transferred, commonly referred to as loading or unloading, between a storage tank and a transport vehicle. Transfer areas are located at terminals, as well as at end-user and intermediate vendors in the product distribution stream. The transfer area may involve loading racks, pipe stands, or direct hose-to-valve connections, and accommodate top or bottom transfer.

ATCP 93.050(121m) (121m) “Underground storage tank” or “underground tank” has the meaning given in sub. (122) unless the context requires otherwise.

ATCP 93.050(122) (122) 

ATCP 93.050(122)(a) (a) “Underground storage tank system” or “UST system” means any one or combination of tanks, including connected pipes, that is used to contain an accumulation of regulated substances, and the volume of which, including the volume of connected underground pipes, is 10 percent or more beneath the surface of the ground.

ATCP 93.050(122)(b) (b) “Underground storage tank system” or “UST system” does not include any of the following or pipes connected to any of the following:

ATCP 93.050(122)(b)1. 1. A surface impoundment, pit, pond, or lagoon.

ATCP 93.050(122)(b)2. 2. A storm water or wastewater collection system.

ATCP 93.050(122)(b)3. 3. A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

ATCP 93.050(122)(b)4. 4. A storage tank situated in an underground area, such as a basement, cellar, mine shaft or tunnel, if the storage tank is situated upon or above the surface of the floor and not surrounded by earth.

ATCP 93.050(123) (123) “Upgrade” means the addition to or retrofit of some part of a storage tank system, such as cathodic protection, leak detection, lining, or spill and overfill controls, to improve the ability of a storage tank system to prevent the release of product.

ATCP 93.050(124) (124) “Used oil” or “waste oil” means any oil refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities; and means used cooking oils that are used as fuel for purposes such as space heating or fueling motor vehicles.

ATCP 93.050 Note Note: See ch. NR 679 and s. 287.15, Stats., for other definitions of used oil and waste oil, and for requirements relating to those definitions, such as criteria for transporting or recycling these liquids.

ATCP 93.050(125) (125) “Vehicle collision protection” means a structure or mechanism to protect a tank or system component from vehicle impact.

ATCP 93.050(126) (126) “Vehicle fueling” means the process of adding motor fuel to the engine fuel supply tank for motor driven vehicles, including aircraft, watercraft, on- or off-road vehicles and vehicles on rails.

ATCP 93.050(127) (127) “Watercraft” or “marine craft” means a vehicle designed to operate on rivers, streams or lakes for the transport of people or goods for recreation, business or commerce purposes.

ATCP 93.050(128) (128) “Watercraft fueling” means the storage and fueling system and activities associated with shoreline fuel transfer into watercraft and aircraft while moored on the water to be fueled.

ATCP 93.050 Note Note: Further information relating to terms associated with petroleum storage facilities, petroleum equipment and petroleum-based fuels is available at the Petroleum Equipment Institute’s Web site at http://www.pei.org/wiki-pei.

ATCP 93.050 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2), (10), (26), (64) (a), (89), (114) (k), (120), (122) (b) 1., 2. made under s. 35.17, Stats., and (13), (87) renum. (9m), (85m) under s. 13.92 (4) (b) 1., Stats., Register October 2019 No. 766.

subch. I of ch. ATCP 93 Subchapter I — Administration and Enforcement

ATCP 93.100 ATCP 93.100 Plan review.

ATCP 93.100(1) (1) General.

ATCP 93.100(1)(a) (a) Plan review and written approval from the authorized agent or the department shall be obtained before any of the following activities are performed on storage tank systems used to store a regulated substance, except where exempted under par. (b):

ATCP 93.100(1)(a)1. 1. Commencing any construction of new or additional tank or piping installation.

ATCP 93.100(1)(a)2. 2. Changing the operation of a tank system from storage of a non-regulated substance to a regulated substance.

ATCP 93.100(1)(a)3. 3. Adding or modifying tank or pipe corrosion protection.

ATCP 93.100(1)(a)4. 4. Adding leak detection or modifying leak detection as specified in s. ATCP 93.110 (3) (e) when performed in conjunction with other changes that require plan review. A certified installer is not required to perform the modification of leak detection.

ATCP 93.100 Note Note: Under sub. (3) (a) 5. c., the department’s leak detection installation form, TR-WM-133, must be filled out and submitted anytime leak detection equipment is added or modified, whether or not plan review is required. 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 93.100(1)(a)5. 5. Upgrading or modifying spill or overfill protection, except this requirement does not apply where drop tube overfill protection is added or modified for existing underground fill piping that drops vertically into a tank.

ATCP 93.100(1)(a)6. 6. Lining or relining of underground tanks.

ATCP 93.100(1)(a)7. 7. Converting a full-service motor fuel dispensing facility or a self-service motor fuel dispensing facility to the use of a point-of-sale dispensing system or device. A certified installer is not required to perform the conversion to a point-of-sale dispensing system. The installer shall fill out the department’s point-of-sale fueling installation form, TR-WM-130, and shall provide the form to the authorized agent or the department, for inspection of the system.

ATCP 93.100 Note Note: Form TR-WM-130 is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

ATCP 93.100(1)(a)8. 8.

ATCP 93.100(1)(a)8.a. a. Converting from the storage and dispensing of flammable or combustible liquids containing 10 percent or less ethanol by volume to liquids containing more than 10 percent ethanol by volume.

ATCP 93.100(1)(a)8.b. b. Converting from the storage and dispensing of flammable or combustible liquids containing 5 percent or less biodiesel fuel by volume to liquids containing more than 5 percent biodiesel fuel by volume.

ATCP 93.100(1)(a)9. 9. Using a tank system to store a substance that poses a significant fire hazard or safety hazard to people or the environment due to material compatibility, equipment functionality or product characteristics, as determined by the authorized agent or the department, or fire department.

ATCP 93.100(1)(a)10. 10. Adding or modifying any device or system component making an underground connection to a tank, product pipe or vent pipe.

ATCP 93.100(1)(b) (b) Plan review and approval is not required for any of the following:

ATCP 93.100(1)(b)1. 1. Oil-burning installations for a 1- or 2-family dwelling which are located aboveground or in a basement, and which have a capacity of less than 1,100 gallons.

ATCP 93.100(1)(b)2. 2. Integral fuel supply tanks of a motor vehicle, aircraft, watercraft, mobile power plant or mobile heating plant.

ATCP 93.100(1)(b)3. 3. Aboveground tanks which have a capacity of less than 1,100 gallons and which store Class IIIB liquids other than used oil.

ATCP 93.100(1)(b)4. 4. Reconfiguration of product piping that is located aboveground, from storage tanks supplying a regulated substance to a manufacturing, industrial or blending process.

ATCP 93.100(1)(b)5. 5. Tank wagons, tank vehicles, or movable tanks that are used for vehicle fueling operations under subch. VI.

ATCP 93.100(1)(b)6. 6. Aboveground tank systems that store hazardous liquids which are not also flammable or combustible liquids, if the construction is supervised by a qualified engineer.

ATCP 93.100 Note Note: See s. ATCP 93.140 for registration requirements for tanks that store federally regulated hazardous substances. Section ATCP 93.350 requires aboveground hazardous substance tank systems to be designed by a qualified engineer.

ATCP 93.100(1)(b)7. 7. Portable tanks that are not used as fixed tanks.

ATCP 93.100(1)(b)8. 8. Tanks that are located at an EPA superfund site.

ATCP 93.100(1)(b)9. 9. Aboveground tanks which are used at a farm premises or construction project in accordance with s. ATCP 93.630, and which meet all of the following conditions:

ATCP 93.100(1)(b)9.a. a. Have a capacity of less than 1,100 gallons.

ATCP 93.100(1)(b)9.b. b. Are located at least 40 feet from either the buildings and structures listed in s. ATCP 93.630 (2) (a), or important buildings or structures.

ATCP 93.100 Note Note: See s. ATCP 93.630 (3) for administrative requirements for ASTs located at farms and construction projects.

ATCP 93.100(1)(b)10. 10. Fuel supply tanks which are used for a mobile power plant or mobile heating plant and which meet all of the following requirements:

ATCP 93.100(1)(b)10.a. a. The tank system is built and operated in accordance with a national standard.

ATCP 93.100(1)(b)10.b. b. The tank system is intended to be at the site for a period of 24 months or less.

ATCP 93.100(1)(b)10.c. c. The tank system has an aggregate capacity of less than 1,100 gallons.

ATCP 93.100(1)(b)10.d. d. The tank system does not use any Class I liquids.

ATCP 93.100(1)(b)11. 11. Where the department determines that the review of a specific application, modification or contractor activity would not meet the regulatory oversight objective for technical plan review and approval.

ATCP 93.100(1)(c) (c) Notwithstanding pars. (a) and (b), if the department determines that the review of a specific application, modification or special equipment meets the regulatory oversight objective of this chapter, a plan review and written approval from the authorized agent or the department shall be obtained.