Chapter ATCP 93

ATCP 93.230(9) (9) Property maintenance.

ATCP 93.230(9)(a) (a) The area around any tank, the area around or within a secondary containment, and the dispensing or transfer area shall be maintained free of vegetation, debris and other material that is not necessary for the operation of the tank, leak or spill containment, or liquid dispensing or transfer.

ATCP 93.230(9)(b) (b) Portable container storage shall comply with NFPA 30 chapter 15.

ATCP 93.230(9)(c) (c) All surface area within a 20-foot radius of a storage tank or dispenser shall be maintained free of combustible material and debris, except as allowed for public access motor vehicle fueling operations in ss. ATCP 93.605 (8) and 93.620 (2).

ATCP 93.230 Note Note: With the exception of the requirements in ss. ATCP 93.605 (8) and 93.620 (2), the ability to maintain the combustible material free surface area addressed in this subsection may be limited by land features, landscaping and facility management of adjacent property owners.

ATCP 93.230(10) (10) System maintenance.

ATCP 93.230(10)(a) (a) All system equipment and components shall be maintained to function to the manufacturer’s original specifications, or in the absence of manufacturer’s specifications, the designer’s or construction contractor’s original specifications, and shall be maintained to be leak-free.

ATCP 93.230(10)(b) (b)

ATCP 93.230(10)(b)1. 1. At least monthly, except as provided in subd. 2., sumps and secondary containment systems for tanks, piping and dispensers shall be inspected, and any liquids and debris contained shall be removed.

ATCP 93.230(10)(b)2. 2. Sumps with a non-discriminating electronic sensor that detects liquid in the sump shall be inspected at least semiannually unless more frequent inspection is required by PEI RP500 or RP900.

ATCP 93.230(10)(c) (c) Deficiencies in product lines or structural or transition components that allow for liquid leaks or water intrusion shall be repaired or corrected.

ATCP 93.230(10)(d) (d) Leak detection, fill and overfill prevention equipment shall be maintained in a functional condition.

ATCP 93.230(10)(e) (e) Fire and leak prevention and detection equipment installed, but not required by the department’s rules, shall be maintained functional or be removed.

ATCP 93.230(10)(f) (f) Aboveground or underground storage tanks shall be properly maintained as in-use or temporarily out of service or be closed in accordance with s. ATCP 93.460 or 93.560, unless the requirements in s. ATCP 93.450 or 93.550 are met for a change in service to store a non-regulated substance.

ATCP 93.230 Note Note: Section ATCP 93.115 (3) (a) 7. allows the authorized agent or the department or fire department to shut down the tank system until any breach in the tank system is repaired or otherwise corrected.

ATCP 93.230(11) (11) Damage to underground components.

ATCP 93.230(11)(a) (a) When damage has occurred to underground pressurized tank system components or to underground vent and remote fill lines, the affected portion of the tank system shall be removed from service, and the following actions shall be taken before that portion of the system is put back into service, except as provided in par. (b):

ATCP 93.230(11)(a)1. 1.

ATCP 93.230(11)(a)1.a. a. Perform third-party precision tightness testing of the tank system in accordance with s. ATCP 93.515 (4) (a) 1.

ATCP 93.230(11)(a)1.b. b. Perform a tightness test on the tank ullage in accordance with s. ATCP 93.515 (10).

ATCP 93.230(11)(a)2. 2. Isolate system components through the use of pressure-retaining components.

ATCP 93.230(11)(a)3. 3. Perform functional operational tests of existing monitoring equipment.

ATCP 93.230(11)(a)4. 4. Perform any additional monitoring, processes, or procedures needed to verify system integrity.

ATCP 93.230(11)(a)5. 5. Comply with the tank-system site assessment and response requirements in ss. ATCP 93.575 to 93.585 if a release is suspected.

ATCP 93.230(11)(a)6. 6. Notify the authorized agent or the department if the damage resulted in a release.

ATCP 93.230 Note Note: This notification can be part of the notice that is submitted under s. ATCP 93.400 (8) (c) or 93.500 (7) (d) when repairs are made because of a release from an AST or UST system.

ATCP 93.230(11)(b) (b) The actions in par. (a) 1. to 4. are not required where the damage is limited to dispenser system components that are isolated from the rest of the dispenser or tank system through the use of pressure-retaining components.

ATCP 93.230 Note Note: In addition to these requirements, other additional safety or environmental protection actions or repairs may be necessary.

ATCP 93.230(12) (12) Product color coding for fill pipe caps and manhole covers.

ATCP 93.230(12)(a) (a) General.

ATCP 93.230(12)(a)1. 1. All fill pipe caps and manhole covers for underground fuel tanks at distribution terminals, bulk plants and motor fuel dispensing facilities shall be identified by the standard color and symbol coding in API 1637.

ATCP 93.230(12)(a)2. 2. Products containing extenders such as ethanol shall be designated by the addition of a black border around white symbols and a white border around other colored symbols.

ATCP 93.230 Note Note: Extenders or oxygenates are added to gasoline and typically comprise a maximum of 15 percent of the fuel by volume.

ATCP 93.230(12)(a)3. 3. Vapor-recovery connections and manholes shall be marked with orange circles.

ATCP 93.230(12)(a)4. 4.

ATCP 93.230(12)(a)4.a. a. Observation and monitoring wells shall be marked with a black triangle on a white background.

ATCP 93.230(12)(a)4.b. b. The well shall be provided with a durable label warning against the introduction of petroleum products into the well.

ATCP 93.230(12)(b) (b) Location of identification.

ATCP 93.230(12)(b)1. 1. The color coding required in par. (a) shall be applied to the fill pipe cap and manhole cover or within the spill containment.

ATCP 93.230(12)(b)2. 2. At all facilities with more than one tank, the color coding applied to the fill cap or manhole cover shall extend at least 12 inches beyond the edge of the cap or cover onto adjacent concrete or pavement.

ATCP 93.230 Note Note: See s. ATCP 93.340 for additional information on product identification at bulk plants and terminals.

ATCP 93.230(13) (13) Disconnecting and discontinuing vapor recovery. Disconnecting or discontinuing use of a stage II vapor-recovery system or a portion thereof shall comply with PEI RP300 chapter 14, be completed within five days after it begins, and be reported to the department on form TR-WM-122 within 15 business days after the completion.

ATCP 93.230 Note Note: Each connection of a tank to deactivated, unremoved vapor-recovery pipe should be capped or plugged at the tank, if readily accessible, to minimize the potential for water intrusion from the pipe.

ATCP 93.230 Note Note: Form TR-WM-122 is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone]. The form is also available from the Bureau’s Web site at http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

ATCP 93.230(14) (14) Removing water and other contaminants from storage tanks. Water and other contaminants shall be removed from storage tanks in accordance with STI R111.

ATCP 93.230 Note Note: See s. ATCP 93.605 (1) (g) for related requirements for water in storage tanks at motor fuel dispensing facilities.

ATCP 93.230(15) (15) Preparing tanks for changes in fuel type. Converting a tank from storing a different type of liquid that is regulated by this chapter shall include complying with STI R111.

ATCP 93.230 Note Note: See ss. ATCP 93.450, 93.550, and 93.680 for related requirements for changing the type of liquid stored in a tank.

ATCP 93.230 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.240 ATCP 93.240 Certifications and enforcement.

ATCP 93.240(1) (1) Certifications. Persons and firms providing or supervising any of the following services shall be credentialed by the department in accordance with this chapter:

ATCP 93.240(1)(a) (a) Tank-system site assessment as referenced in s. ATCP 93.465 for aboveground tanks and s. ATCP 93.580 for underground tanks.

ATCP 93.240(1)(b) (b) Underground tank system lining under ss. ATCP 93.530 and 93.535.

ATCP 93.240(1)(c) (c) The cleaning and removal of underground storage tank systems and stationary shop-built aboveground storage tank systems.

ATCP 93.240(1)(d) (d) Storage tank system precision tightness testing using equipment that is not permanently installed on the tank system.

ATCP 93.240 Note Note: All methods of precision tightness testing are required to be approved by the department in accordance with s. ATCP 93.130.

ATCP 93.240(1)(e) (e) Corrosion protection services as required in s. ATCP 93.520.

ATCP 93.240(1)(f) (f) Installation of underground storage tank systems, underground piping, and shop-built aboveground storage tank systems, except this requirement does not apply to any of the following tank systems:

ATCP 93.240(1)(f)1. 1. Aboveground heating oil tanks at 1- or 2-family dwellings.

ATCP 93.240(1)(f)2. 2. Tanks or piping that are installed or constructed under the direct supervision of a registered professional engineer.

ATCP 93.240 Note Note: “Under the direct supervision of a registered professional engineer” means the registered professional engineer must be on the site during, and responsible for, the key installation and test activities described in sub. (16) (e) or (17) (e).

ATCP 93.240(2) (2) Application.

ATCP 93.240(2)(a) (a) Application for a certification or registration, or a certification or registration examination covered under this section shall be submitted on a form prescribed by the department.

ATCP 93.240 Note Note: Applications and related forms for certifications or registrations are available online at https://mydatcp.wi.gov, from the Department of Agriculture, Trade and Consumer Protection Bureau of Weights and Measures at PO Box 8911, Madison, WI 53708-8911; or at the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

ATCP 93.240(2)(b) (b) An application for a certification or registration which either requires or recognizes the attendance at or completion of educational courses as a qualification for the certification or registration shall be accompanied by such evidence, including but not limited to transcripts, that verifies fulfillment of the prerequisite.

ATCP 93.240(2)(c) (c) Applicants for any certification or registration under this chapter shall include the applicant’s social security number, or in the case of a certification or registration for a business, the applicant shall include the federal employer identification number. The department shall consider the failure by the applicant to provide a social security number or a federal employer identification number as an incomplete application and may not process the application further until the appropriate number is provided.

ATCP 93.240(2)(d) (d) A business having multiple locations covered under one federal employer identification number applying for a tank specialty firm registration need not obtain a separate registration for each location.

ATCP 93.240(3) (3) Fees.

ATCP 93.240(3)(a) (a) Fees required for the various certifications or registrations and their processing under this section shall be determined in accordance with Table 93.240.

ATCP 93.240(3)(b) (b) Fees required under this section are not refundable.

ATCP 93.240(3)(c) (c) Certification or registration fees may not be prorated.

Table 93.240 - Fees

ATCP 93.240 Note Note: No application fee if application is submitted through the online application system on https://myDATCP.wi.gov.

ATCP 93.240(4) (4) Processing times. An application for a certification or registration covered under this chapter shall be granted or denied by the department within 21 calendar days after the department receives all of the application materials necessary to obtain the certification or registration. If the certification or registration application information is insufficient, the department shall request additional information within 21 calendar days of receipt of the application. If an applicant does not respond to a request by the department for additional information within 3 months after the date of the request, the department shall make a determination on the application based upon the information on hand.

ATCP 93.240(5) (5) Mailing.

ATCP 93.240(5)(a) (a) Unless otherwise provided by law, all orders, notices and other papers may be served by the department by 1st class mail at the address on file with the department.

ATCP 93.240(5)(b) (b) A certification or registration holder shall be responsible for notifying the department of any change in mailing address.

ATCP 93.240(6) (6) Terms.

ATCP 93.240(6)(a) (a) All certifications or registrations issued under this subsection shall be valid for a period of 2 years.

ATCP 93.240(6)(b) (b) All certifications or registrations issued under this subsection shall expire at 11:59 p.m. on the date of expiration. Certifications and registrations expire on the two-year anniversary of the original date of issuance.

ATCP 93.240(7) (7) Renewal.

ATCP 93.240(7)(a) (a)

ATCP 93.240(7)(a)1. 1. A notice of renewal shall be mailed by the department to a certification or registration holder at least 30 calendar days prior to the expiration of the certification or registration.

ATCP 93.240(7)(a)2. 2. Failure to receive a notice for renewal of a certification or registration may not be considered as an excuse or good cause for failure to renew a certification or registration prior to the expiration of the certification or registration.

ATCP 93.240(7)(b) (b)

ATCP 93.240(7)(b)1. 1. Except as provided in subd. 2. b., upon receipt of the renewal notice from the department, a person may apply to renew a certification or registration provided an application, a certification or registration fee and evidence of all renewal obligations, if any, are submitted to the department prior to the expiration date of the certification or registration.

ATCP 93.240 Note Note: Qualification obligations for renewal are specified under the appropriate certification or registration category sections.

ATCP 93.240(7)(b)2. 2.

ATCP 93.240(7)(b)2.ag. ag. A person may apply to renew a certification or registration in accordance with subd. 2. ar. no later than one two-year term after expiration of the certification or registration. An application fee as specified in Table 93.240 shall accompany the renewal application.