Chapter ATCP 93

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.

ATCP 93.100(2) (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:

ATCP 93.100(2)(a) (a) Plans that are clear and legible and submitted per department requirements along with fees and a completed installation application.

ATCP 93.100(2)(b) (b)

ATCP 93.100(2)(b)1. 1. The name of the owner.

ATCP 93.100(2)(b)2. 2. The name of the person, firm or corporation proposing the installation, if other than the owner.

ATCP 93.100(2)(b)3. 3. The address of the facility, including the names of adjacent streets and highways.

ATCP 93.100(2)(bm) (bm) A statement summarizing the scope of the project.

ATCP 93.100(2)(c) (c)

ATCP 93.100(2)(c)1. 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.

ATCP 93.100(2)(c)1m. 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.

ATCP 93.100 Note Note: See s. ATCP 93.260 for minimum separating distances between tank systems and potable water supply sources.

ATCP 93.100 Note 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.

ATCP 93.100(2)(c)2. 2. The class of construction of each building or room in a building that contains a storage tank shall also be indicated.

ATCP 93.100(2)(d) (d) The location, size and capacity of each tank and the following information on the contents of the tank:

ATCP 93.100(2)(d)1. 1. The name of the stored liquid.

ATCP 93.100(2)(d)2. 2. The flammability or combustibility classification of the stored liquid.

ATCP 93.100 Note 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.

ATCP 93.100(2)(d)3. 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:

ATCP 93.100(2)(d)3.a. a. Explosive or pyrophoric.

ATCP 93.100(2)(d)3.b. b. Oxidizer or organic peroxide.

ATCP 93.100(2)(d)3.c. c. Unstable or water reactive.

ATCP 93.100(2)(d)3.d. d. Toxic or highly toxic.

ATCP 93.100(2)(d)3.e. e. Cryogenic or corrosive to living tissue.

ATCP 93.100(2)(e) (e) The location of all piping runs and spacing between all tanks and piping.

ATCP 93.100(2)(f) (f) The type of tank supports and clearances, including clearances between tanks.

ATCP 93.100(2)(g) (g) The type of venting and pressure relief used and combined capacity of all venting and relief valves on each aboveground tank.

ATCP 93.100(2)(h) (h) The location of fill, gauge and vent pipes and other openings for the tank.

ATCP 93.100(2)(i) (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.

ATCP 93.100(2)(j) (j) The distances to dispensers, sizes of islands and traffic flow patterns or vehicle routes around or through the facility.

ATCP 93.100(2)(k) (k) Information and specifications describing the design and placement of leak detection systems.

ATCP 93.100(2)(L) (L)