Chapter ATCP 93

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)

ATCP 93.100(2)(L)1. 1. Information regarding the type and operation of corrosion protection systems for tanks and piping.

ATCP 93.100(2)(L)2. 2. For impressed current systems, the location and materials of gas mains and gas service lines serving the facility.

ATCP 93.100(2)(m) (m) Information regarding the type of secondary containment system.

ATCP 93.100(2)(n) (n) Specifications describing the spill and overfill protection devices.

ATCP 93.100(2)(o) (o) Information regarding the compatibility of the tank and piping system with the regulated substance.

ATCP 93.100(2)(p) (p) A copy of any easement that reflects any property not owned by the system operator on which any portion of the system is located or any vehicle is parked while transferring product.

ATCP 93.100(2)(q) (q) Any material-approval numbers issued under s. ATCP 93.130.

ATCP 93.100(2)(r) (r) Information and specifications, including manufacturer’s model numbers on materials, equipment and devices to be used in the project which do not have material-approval numbers issued under s. ATCP 93.130 and which have a direct impact on the regulated system.

ATCP 93.100 Note Note: Examples of this equipment include valves, nozzles and hoses.

ATCP 93.100(2)(s) (s) Additional data and information regarding storage of regulated substances within buildings or enclosures to demonstrate compliance with the requirements of this chapter.

ATCP 93.100(2)(t) (t) Any other information necessary for the reviewer to determine code compliance.

ATCP 93.100(3) (3) Application and approval process.

ATCP 93.100(3)(a) (a) Submission of forms.

ATCP 93.100(3)(a)1. 1. ‘General.’ The department’s installation application form, TR-WM-126, shall be completed and included with each application for approval, except as provided in subd. 5.

ATCP 93.100(3)(a)2. 2. ‘POS fueling.’ For facilities that include dispenser point-of-sale fueling, the first page of the department’s POS fueling installation form, TR-WM-130, shall also be completed and submitted.

ATCP 93.100(3)(a)3. 3. ‘Leak detection.’ For facilities that include leak detection installation during the overall installation process, the first page of the department’s leak detection installation form, TR-WM-133, shall also be completed and submitted.

ATCP 93.100(3)(a)4. 4. ‘Alternative fuel.’

ATCP 93.100(3)(a)4.a. a. For facilities that include fuel consisting of more than either 10 percent ethanol or 5 percent biodiesel by volume, as regulated under s. ATCP 93.680, Part I of the department’s alternative fuel installation/conversion application form, TR-WM-132, shall be completed and submitted for approval. Part II shall serve as an addendum to the inspection checklist.

ATCP 93.100(3)(a)4.b. b. If the component or equipment manufacturer verifies the compatibility of the equipment, the verification shall be in writing, indicate an affirmative statement of compatibility, and specify the range of biofuel blends with which the component is compatible.

ATCP 93.100(3)(a)5. 5. ‘Exceptions.’

ATCP 93.100(3)(a)5.a. a. For aboveground storage tanks that have a capacity of less than 1,100 gallons, at a farm premises or construction project, the department’s farm and construction AST installation notification form, TR-WM-124, shall be completed and submitted as notification to the authorized agent or the department at the time of installation inspection. This form shall also serve as the plan submittal application and the installation checklist.

ATCP 93.100(3)(a)5.b. b. Where conversion to point-of-sale fueling is the only change at a facility, the department’s POS fueling installation form, TR-WM-130, shall be completed and submitted to the authorized agent or the department at least 10 days prior to conversion. This form shall also serve as the plan submittal application and the installation checklist.

ATCP 93.100(3)(a)5.c. c. Where an upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer is the only change at a facility, the department’s leak detection installation form, TR-WM-133, shall be completed and submitted to the department within 5 days of installation. This form shall also serve as the plan submittal application and the installation checklist.

ATCP 93.100(3)(a)5.d. d. Where conversion to storage and dispensing of alternative motor fuels is the only change at a facility, Part I of the department’s alternative fuel installation/conversion application form, TR-WM-132, shall be completed and submitted to the department prior to conversion. Part I shall serve as the plan submittal application and Part II as the installation checklist.

ATCP 93.100 Note Note: Forms TR-WM-124 — Farm and Construction Aboveground Storage Tank Installation Notification, TR-WM-126 —Flammable/Combustible/Hazardous Liquid Tanks Installation Application, TR-WM-130 — Point-of-Sale Fueling Installation Notification, TR-WM-132 — Storage Tank Alternative Fuel Installation/Conversion Application, and TR-WM-133 — Storage Tank Leak Detection Installation or Upgrade Application are 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 Note Note: Within a 1st class city, the provisions in subdivision paragraphs c. and d. may be administered by that city instead of the department, as authorized in ss. ATCP 93.020 (8) (b) and 93.110 (3) and (4). As of November 1, 2019, only the City of Milwaukee is a 1st class city.

ATCP 93.100(3)(b) (b) Review time. The authorized agent or the department shall review and make a determination on an application for installation approval and plan review within 20 business days of receiving all of the required information and fees. If an applicant does not respond to a request by the department for additional information within 6 months after the date of the request, the department shall make a determination on the application based upon the information on hand.

ATCP 93.100 Note Note: Section ATCP 93.1605 addresses fees associated with ch. ATCP 93 plan submittal, review, and inspection.

ATCP 93.100 Note Note: Section ATCP 93.1605 authorizes double fees when construction is initiated without the required plan approval.

ATCP 93.100(3)(c) (c) Conditional approval.

ATCP 93.100(3)(c)1. 1. If the authorized agent or the department determines that the plans and the application substantially conform to the provisions of this chapter, a conditional approval shall be granted in writing.

ATCP 93.100(3)(c)2. 2. All conditions stated in the conditional approval shall be met before or during construction or installation.

ATCP 93.100(3)(c)3. 3. A conditional approval issued by the authorized agent or the department is not an assumption of any responsibility for the design, construction or maintenance of the facility.

ATCP 93.100 Note Note: Various sections of this chapter address the responsibilities that contractors have, under s. 168.22 (1), Stats., in achieving compliance with the technical requirements of this chapter, after plans and specifications are approved. For example, s. ATCP 93.115 (2) (b) 2. a. has requirements about completing a pre-construction installation form, and meeting then with an inspector; s. ATCP 93.115 (2) (b) 3. has requirements about notifying an inspector before starting an installation; ss. ATCP 93.400 (5) (b) and 93.500 (6) (a) have requirements about installing aboveground and underground tank systems according to the manufacturer’s instructions, the applicable national standards in s. ATCP 93.200, plans and specifications approved under s. ATCP 93.100 and this chapter; ss. ATCP 93.400 (5) (f) and 93.500 (6) (d) have requirements about completing a checklist during installation of aboveground and underground tanks or piping; and s. ATCP 93.500 (9) (a) 2. has requirements about documenting the performance of newly installed leak detection equipment. Contractors also have compliance responsibilities under various other sections, such as notifying an inspector about installing small tanks at farms and construction sites, in s. ATCP 93.630 (3) (c); notifying an inspector about converting a dispensing facility to a point-of-use dispenser, in s. ATCP 93.100 (1) (a) 7.; performing tank linings for underground tanks, in s. ATCP 93.530; applying for approval to convert an installed tank system to store alternative fuel, in s. ATCP 93.680; not allowing releases to occur, in s. ATCP 93.230 (a); stopping leaks and preventing migration of free product into the environment, in s. ATCP 93.585 (1); reporting releases to the department of natural resources, in s. ATCP 93.585 (2); and cleaning or removing tanks during closure, in ss. ATCP 93.315 (2) and 93.560 (2).

ATCP 93.100 Note Note: Section ATCP 93.115 (2) (b) 4. addresses the responsibility of the authorized agent or the department to inspect installation of shop-built tanks and to record the results on the installation checklist.

ATCP 93.100(3)(d) (d) Plan sets.

ATCP 93.100(3)(d)1. 1. A letter shall be sent to the designer and the owner of record with a statement relating to the examination of the plans and specifications and citing the conditions of approval or denial.

ATCP 93.100(3)(d)2. 2. The plans and specifications shall be dated and stamped either “Conditionally Approved” or “Not Approved.”

ATCP 93.100(3)(d)3. 3. For all projects reviewed by the department, the department shall retain 2 copies of the plans and specifications and shall forward one copy of the plans and specifications, the approval letter, and the installation application to the corresponding LPO if there is one.

ATCP 93.100(3)(d)4. 4. The remaining 2 sets of plans and specifications and the approval letter shall be returned to the person designated on the installation application.

ATCP 93.100 Note Note: Under ss. ATCP 93.400 (11) (b) and 93.500 (9) (b), the approved plans and specifications and approval letter must be kept on site and available to the authorized agent or the department during all phases of installation. After installation is completed, the plans and specifications and approval letter must be made available to the authorized agent or the department upon request.

ATCP 93.100(3)(e) (e) Plan denial. If the authorized agent or the department determines that the plans and specifications or application do not substantially conform to the provisions of this chapter, the application shall be denied in writing, specifying the reasons for denial.

ATCP 93.100(3)(f) (f) Appeals. In the event of a dispute as to whether the information submitted to an authorized agent shows compliance with the provisions of this chapter, the application may be submitted to the department for informal review, instead of filing a formal appeal under s. ATCP 93.190, and the decision of the department shall then govern.

ATCP 93.100(4) (4) Plan changes.

ATCP 93.100(4)(a) (a) Submittal as new installation. Additions or modifications to systems that occur or become known after the closing of the excavation or commencement of system operation shall be submitted for review as a new installation.

ATCP 93.100(4)(b) (b) Submittal as a revision.

ATCP 93.100(4)(b)1. 1. Additions or modifications which deviate from the original conditionally approved plans and specifications and which are made before closing the excavation or commencement of system operation shall be submitted for plan review and approval as a revision.

ATCP 93.100(4)(b)2. 2. The replacement of parts or components shall be submitted for plan review and approval as a revision, unless they will be identical in function to the previously approved parts or components, and they will be in the identical location of the previously approved parts or components.

ATCP 93.100 Note Note: Examples of modifications that require plan review as a revision include changes in tank placement, size of tank, length or direction of piping run, additional system components, and changes in monitoring equipment. The department will determine if the number and importance of items submitted for revision would be addressed more appropriately through a new plan submittal.

ATCP 93.100 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (i) made under s. 35.17, Stats., and (3) (a) 4. (title) created under s. 13.92 (4) (b) 2., Stats., Register October 2019 No. 766; correction in (3) (b) 5. d. made under s. 13.92 (4) (b) 6., Stats., Register February 2022 No. 794.

ATCP 93.110 ATCP 93.110 Jurisdiction over enforcement.

ATCP 93.110(1) (1) Department approval of LPO.

ATCP 93.110(1)(a) (a) With the approval of the chief elected municipal official, the municipality shall determine if a municipal department or other agent approved by the department will exercise jurisdiction over the provisions of this chapter as the local program operator.

ATCP 93.110(1)(b) (b) The review of plans and specifications and the installation inspection for administering and enforcing this chapter shall be performed by a certified tank system inspector.

ATCP 93.110 Note Note: LPOs are under contract with the department. The contract specifies LPO qualifications and responsibilities, such as plan review, inspection and consultation.

ATCP 93.110(1)(c) (c) The department may revoke its approval of a local program operator where the plan examiners or inspectors do not meet the standards specified by the department or where other requirements of the department are not met.

ATCP 93.110(2) (2) Plan review by LPO. All of the following types of plans shall be submitted to the LPO for review and approval, except as provided in sub. (3) (b):

ATCP 93.110(2)(a) (a) Plans in which all tanks for the storage, handling or use of flammable or combustible liquids have an individual capacity of less than 5,000 gallons.

ATCP 93.110(2)(b) (b) Plans that consist solely of converting a full- or self-service motor fuel dispensing facility to the use of a point-of-sale dispensing system or device, regardless of tank size.