Wisconsin Legislature: ATCP 93.100(1)(a)6.

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

(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.

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

(122)

(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.

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

1. A surface impoundment, pit, pond, or lagoon.

2. A storm water or wastewater collection system.

3. A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

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.

(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.

(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.

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.

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

(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.

(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.

(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.

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.

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.

Subchapter I — Administration and Enforcement

ATCP 93.100 Plan review.

(1) General.

(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):

1. Commencing any construction of new or additional tank or piping installation.

2. Changing the operation of a tank system from storage of a non-regulated substance to a regulated substance.

3. Adding or modifying tank or pipe corrosion protection.

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.

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 (608) 224-4942, or from the Bureau’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

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.

6. Lining or relining of underground tanks.

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.

Note: Form TR-WM-130 is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942, https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

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.

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.

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.

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

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

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.

2. Integral fuel supply tanks of a motor vehicle, aircraft, watercraft, mobile power plant or mobile heating plant.

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

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

5. Tank wagons, tank vehicles, or movable tanks that are used for vehicle fueling operations under subch. VI.

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.

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.

7. Portable tanks that are not used as fixed tanks.

8. Tanks that are located at an EPA superfund site.

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:

a. Have a capacity of less than 1,100 gallons.

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.

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

10. Fuel supply tanks which are used for a mobile power plant or mobile heating plant and which meet all of the following requirements:

a. The tank system is built and operated in accordance with a national standard.

b. The tank system is intended to be at the site for a period of 24 months or less.

c. The tank system has an aggregate capacity of less than 1,100 gallons.

d. The tank system does not use any Class I liquids.

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.

(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.

(2) Plans, specifications and information. Plans, specifications and information submitted to the authorized agent or the department for review and approval shall contain all of the following:

(a) Plans that are clear and legible and submitted per department requirements along with fees and a completed installation application.

(b)

1. The name of the owner.

2. The name of the person, firm or corporation proposing the installation, if other than the owner.

3. The address of the facility, including the names of adjacent streets and highways.

(bm) A statement summarizing the scope of the project.

(c)

1. A plot plan, drawn to a minimum scale of one inch equals 20 feet, indicating the location of the installation with respect to property lines; adjoining streets or alleys; fences, including those installed over or through any part of the system; and other buildings on the same property. The plot plan shall indicate the location of buildings; other tanks; loading and unloading points; utilities; sanitary or storm sewers; water mains; water service piping; community and private potable water wells or other potable water source on the subject property; any private potable water wells on adjacent property that are within 100 feet of the tank, piping or dispenser; and any offsite community wells that are within 1,200 feet of the tank, piping or dispenser.

1m. For installations where cathodic protection will be installed, buried metal underground structures and components within 200 feet, such as culverts and guy wire anchor points, should be included in the plot plan.

Note: See s. ATCP 93.260 for minimum separating distances between tank systems and potable water supply sources.

Note: Chapter NR 116 requires municipalities to prohibit any storage of materials that are buoyant, flammable, explosive or injurious to animal, plant or aquatic life, in floodway areas of floodplains.

2. The class of construction of each building or room in a building that contains a storage tank shall also be indicated.

(d) The location, size and capacity of each tank and the following information on the contents of the tank:

1. The name of the stored liquid.

2. The flammability or combustibility classification of the stored liquid.

Note: Flammability and combustibility classifications are established in NFPA 30 sections 4.3.1 and 4.3.2, and are expressed as a Roman numeral and a letter, such as IB or IIIA.

3. Whether the stored liquid is classified in any of the following hazard categories as defined in the applicable model fire code adopted by reference under ch. SPS 314:

a. Explosive or pyrophoric.

b. Oxidizer or organic peroxide.

c. Unstable or water reactive.

d. Toxic or highly toxic.

e. Cryogenic or corrosive to living tissue.

(e) The location of all piping runs and spacing between all tanks and piping.

(f) The type of tank supports and clearances, including clearances between tanks.

(g) The type of venting and pressure relief used and combined capacity of all venting and relief valves on each aboveground tank.

(h) The location of fill, gauge and vent pipes and other openings for the tank.

(i) The location of burners, tanks, pumps, piping and control valves and the relative elevations of any areas within the building where heavier-than-air vapors can accumulate.

(j) The distances to dispensers, sizes of islands and traffic flow patterns or vehicle routes around or through the facility.

(k) Information and specifications describing the design and placement of leak detection systems.

(L)