Chapter ATCP 93

ATCP 93.400(8)(b)1.a. a. Below-grade components.

ATCP 93.400(8)(b)1.b. b. Tank containment and piping sumps.

ATCP 93.400(8)(b)1.c. c. Overfill valves and vent whistles.

ATCP 93.400(8)(b)1.d. d. Emergency vents.

ATCP 93.400(8)(b)1.e. e. Normal vent pressure or vacuum valves and flame arrestors.

ATCP 93.400(8)(b)1.f. f. Anti-siphon valves.

ATCP 93.400 Note Note: Form TR-WM-136–STI SP031 Tank System Repair Report, is available from the Bureau of Weights and Measures, P. O. 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/PetroleumHazStorageTanksForms.aspx.

ATCP 93.400(8)(b)2. 2. A copy of the completed TR-WM-136 form shall be provided to the tank operator.

ATCP 93.400(8)(b)3. 3. The tank operator shall have the completed TR-WM-136 form on site and available for inspection within 30 days after receiving it from the party that performed the repair, except as provided in sub. (11) (b) 2. for unattended sites.

ATCP 93.400(8)(c) (c) Testing of repairs.

ATCP 93.400(8)(c)1. 1. ‘Interstitial space.’ Any repair that affects any portion of an interstitial space for an AST system shall include testing of the affected portion in accordance with methods prescribed in s. ATCP 93.500 (6) (b) and (c) and PEI RP 200, or other methods approved by the department, to verify that the containment complies with this chapter before that portion is placed back into service.

ATCP 93.400(8)(c)2. 2. ‘Secondary containment sumps.’ Repair of any secondary containment sumps that are addressed in s. ATCP 93.400 (3) shall include testing in accordance with the methods prescribed in s. ATCP 93.400 (3) (b) before placing the sumps back into service.

ATCP 93.400(8)(c)3. 3. ‘Overfill prevention equipment.’ Repair of overfill prevention equipment shall include testing in accordance with the methods prescribed in s. ATCP 93.410 (12) before placing the equipment back into service.

ATCP 93.400(8)(d) (d) Reporting. Repairs that are recorded under par. (a) 1. b. or (b) 1. because of a leak shall be reported to the department within 15 days of the repair.

ATCP 93.400 Note Note: See ss. ATCP 93.230 (8) to (10) for additional facility maintenance requirements.

ATCP 93.400(8)(e) (e) Property. Tank yards and diked areas shall be kept free from weeds, high grass, rubbish, and combustible materials that are not essential to the operation and shall be kept clean and orderly.

ATCP 93.400(9) (9) Facility lighting. Adequate lighting shall be provided for loading, unloading, and dispensing operations.

ATCP 93.400(10) (10) System access.

ATCP 93.400(10)(a) (a) All new aboveground storage tank systems shall be designed and constructed to allow access to all connections between the tank and piping, venting, and appurtenances that require maintenance or replacement.

ATCP 93.400(10)(b) (b) The means of access shall be sufficient in size to allow for installation, maintenance, and inspection of all connections and appurtenances.

ATCP 93.400(11) (11) Record keeping.

ATCP 93.400(11)(a) (a) General. Operators of new and existing aboveground storage tank systems shall maintain all of the following records:

ATCP 93.400(11)(a)1. 1. Documentation of any system repairs, alterations or upgrades— including software and hardware upgrades — and any inspections or testing required under this chapter.

ATCP 93.400(11)(a)2. 2. Testing results obtained from any leak detection equipment, as retained from the equipment’s printer or a handwritten log kept on-site.

ATCP 93.400(11)(a)3. 3. Documentation maintained for all calibration, inspection, monitoring, testing, repair, and annual performance verification of any leak detection equipment, if so equipped.

ATCP 93.400(11)(a)4. 4. Response to and investigation of any leak detection alarms.

ATCP 93.400(11)(a)5. 5. Documentation maintained for all calibration, inspection, monitoring, testing, repair, and periodic performance verification of any corrosion protection equipment permanently located on-site.

ATCP 93.400(11)(a)6. 6. Records of any environmental information that has accrued for a site, such as from site investigations, phase I or II environmental site assessments, repairs and tank-system site assessments.

ATCP 93.400(11)(a)7. 7. Results of functional testing of impact and emergency shutoff valves.

ATCP 93.400(11)(a)7m. 7m. Results of functional testing of emergency electrical shutoffs.

ATCP 93.400(11)(a)8. 8. Electrical continuity testing for dispensers of motor fuels that are Class I liquids.

ATCP 93.400(11)(a)9. 9. One set of stamped, approved plans and specifications and a copy of the approval letter.

ATCP 93.400(11)(a)10. 10. Documentation of compliance with the compatibility requirements in s. ATCP 93.680 (3) (c) 1. or (6) (c) 1., if the ethanol or biodiesel blends addressed therein are stored or dispensed.

ATCP 93.400(11)(b) (b) Availability of records.

ATCP 93.400(11)(b)1. 1. Operators shall maintain the required records at the site, except as provided in subds. 2. and 3., and par. (c) 9.

ATCP 93.400(11)(b)2. 2. Operators of unattended sites shall make the records available for inspection at the site when given 72 hours of prior notice.

ATCP 93.400(11)(b)3. 3. The approved plans and specifications and approval letter shall be kept on site and available to the authorized agent or the department during all phases of installation. After installation is completed, the approved plans and specifications and approval letter shall be made available to the authorized agent or the department upon request.

ATCP 93.400(11)(b)4. 4. Records may be kept electronically, provided they are in a format acceptable to the department.

ATCP 93.400(11)(c) (c) Maintenance of records. Records shall be maintained for the following periods from the date of the most recent test, inspection or upgrade:

ATCP 93.400(11)(c)1. 1. Monthly leak detection monitoring for underground piping — one year.

ATCP 93.400(11)(c)2. 2. Annual precision tightness testing for underground piping — one year.

ATCP 93.400(11)(c)3. 3. Impressed current corrosion protection system, 60-day inspection — the previous 3 inspections.

ATCP 93.400(11)(c)4. 4. Corrosion protection system, annual test — the previous 3 tests.

ATCP 93.400(11)(c)5. 5. Annual performance verification of leak detection equipment and flow restrictor, for underground piping — 2 years.

ATCP 93.400(11)(c)6. 6. Results of functional testing of impact and emergency shutoff valves and electrical continuity testing for dispensers — 2 years.

ATCP 93.400(11)(c)7. 7. The owner’s manual provided by the leak detection equipment manufacturer — until the leak detection system is replaced or no longer used.

ATCP 93.400(11)(c)8. 8. Any tank or pipe system modification or repair — the operational life of the system.

ATCP 93.400(11)(c)9. 9. Inspection or testing records — 3 years or the interval between required inspections or testing, whichever is longer.

ATCP 93.400(11)(c)10. 10. Tank-system site assessments and other environmental assessments, such as assessments for property transactions — 3 years after completion of any permanent closure, upgrade, repair, or change in service. These records shall be maintained at one of the following locations:

ATCP 93.400(11)(c)10.a. a. With the owner or operator who took the AST system out of service.

ATCP 93.400(11)(c)10.b. b. With the current operator of the AST system site.

ATCP 93.400(11)(c)10.c. c. With the department if records cannot be maintained at the closed facility.

ATCP 93.400(11)(c)11. 11. Leak detection alarm investigation — 2 years.

ATCP 93.400 Note Note: All leak detection records should be retained. The documentation could be helpful to exclude the site as a possible source of contamination at a later date.

ATCP 93.400(11)(c)12. 12. One set of stamped, approved plans and specifications and a copy of the approval letter — the operational life of the system.

ATCP 93.400(11)(c)13. 13. Equipment or component compatibility for ethanol or biodiesel blends under s. ATCP 93.680 (3) (c) 1. or (6) (c) 1. — the operational life of the equipment or component.

ATCP 93.400(12) (12) Tanks at remediation sites.

ATCP 93.400(12)(a) (a)

ATCP 93.400(12)(a)1. 1. Recovery systems using oil water separators or recovery systems pumping free product at the rate of 60 gallons or more per week shall comply with this paragraph.

ATCP 93.400(12)(a)2. 2. Recovery product piping and storage tanks shall comply with either the plan review requirements in s. ATCP 93.100 or the design and construction requirements in s. ATCP 93.350 (2) for hazardous substances.

ATCP 93.400(12)(a)3. 3. Tanks shall be registered in accordance with s. ATCP 93.140.

ATCP 93.400(12)(a)4. 4. Tank construction and marking shall comply with ss. ATCP 93.250 and 93.400 (7).

ATCP 93.400(12)(b) (b) Tanks used in recovery systems that pump free product at the rate of less than 60 gallons per week shall be constructed and marked in accordance with ss. ATCP 93.250 and 93.400 (7).

ATCP 93.400 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (5) (b) 2. made under s. 13.92 (4) (b) 14., Stats., and correction in (8) (c) 1. made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.410 ATCP 93.410 Spill and overfill prevention.

ATCP 93.410(1) (1) 

ATCP 93.410(1)(a) (a) All aboveground storage tanks, whether new or existing, shall have a means of overfill prevention which consists of either a visual gauge, an audible or visual alarm, or a pump shutdown that activates at 90 percent of the tank’s capacity, and which complies with any other applicable requirements in this section.

ATCP 93.410(1)(b) (b) Prior to delivery, the operator of the product delivery equipment that is transferring the product shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank.

ATCP 93.410(2) (2) The transfer operation shall be monitored constantly by the operator of the delivery equipment so as to prevent overfilling and spilling.

ATCP 93.410(3) (3) Equipment shall be clearly marked so visual and audible warning signals are recognizable to the delivery person.

ATCP 93.410(4) (4) Spill and overflow prevention equipment shall be maintained to work as originally designed and installed.

ATCP 93.410(5) (5) The fill opening shall be separate from the vent opening.

ATCP 93.410(6) (6) 

ATCP 93.410(6)(a) (a) All aboveground storage tanks, whether new or existing, with the fill point not located within a diked area shall be provided with a catch basin or similar containment, except for tanks exempted by par. (d) and tanks that are exempted from secondary containment by s. ATCP 93.420 (1) (a) to (c).

ATCP 93.410(6)(b) (b) The catch basin or similar containment to contain spillage at the fill point shall have a minimum liquid capacity of 5 gallons, except where the catch basin or similar containment was installed before February 1, 2009.

ATCP 93.410(6)(c) (c) The basin shall be equipped with a method to remove product or a drain system that directs spilled product into the tank.

ATCP 93.410(6)(d) (d) The following tanks are exempt from par. (a):

ATCP 93.410(6)(d)1. 1. Tanks provided with controls before February 1, 2009, that comply with this subsection.

ATCP 93.410(6)(d)2. 2. Tanks filled with a manual-shutoff nozzle without a latch-open device.

ATCP 93.410 Note Note: The “controls” referred to in this subdivision may be something other than a mechanical device. In other words, they are anything that will reliably prevent a loss of product at the fill point from reaching the environment.

ATCP 93.410(6)(d)3. 3. Tanks filled with a tight-connect with either a dry break connection or a manual shutoff valve on the hose-end connection.

ATCP 93.410(7) (7) Aboveground tanks that are filled via handheld nozzles shall be constantly attended during product delivery and shall be provided with overfill prevention equipment which notifies the person filling the tank, with either an audible or a visual signal that the liquid level has reached 90 percent of the tank’s capacity.

ATCP 93.410(8) (8) Tanks located remote from the fill point, that are filled only with a manual shutoff nozzle without a latching mechanism shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity.

ATCP 93.410(9) (9) 

ATCP 93.410(9)(a) (a) Any of the following new aboveground double-wall tanks storing Class IIIB products shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity:

ATCP 93.410(9)(a)1. 1. Tanks using tight-connect delivery.

ATCP 93.410(9)(a)2. 2. Tanks located remote from the fill point.

ATCP 93.410(9)(b) (b) Any of the following existing aboveground double-wall tanks storing Class IIIB products shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity:

ATCP 93.410(9)(b)1. 1. Tanks using tight-connect delivery.