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ATCP 93.420(3)(3)Secondary containment tanks.
ATCP 93.420(3)(a)(a) The department may accept secondary containment tanks of any size as providing acceptable secondary containment, except where dike systems are specifically required by this chapter.
ATCP 93.420(3)(b)(b) Secondary containment tanks shall be provided with an approved method of interstitial leak detection.
ATCP 93.420(3)(c)(c) For electronic interstitial monitoring, the sensor shall be of a normally-closed type.
ATCP 93.420(3)(d)(d) Interstitial leak detection devices shall be tested for operability and functionality at installation.
ATCP 93.420(4)(4)Piping. All underground piping connected to an aboveground tank shall comply with the secondary containment requirements in s. ATCP 93.400 (3).
ATCP 93.420(5)(5)Transfer operations. In order to prevent a spill from moving beyond the loading or unloading area, any tank which has a capacity of 5,000 gallons or more and which is involved in transfer operations for bulk loading and unloading of tank cars or tank vehicles at facilities that refine, process, distribute, or manufacture liquids regulated under this code shall be provided with a catchment basin or treatment facility to contain the maximum capacity of the largest compartment of a tank car or tank vehicle loaded or unloaded at the facility.
ATCP 93.420 NoteNote: This transfer requirement does not apply to transfers of used oil or fuel oil for heating or other burning purposes.
ATCP 93.420 NoteNote: For further information on industry practices for preventing or detecting releases with aboveground storage systems, and for protecting groundwater, surface water and soil in the event of a liquid release, see API Publication 340 — Liquid Release Prevention and Detection Measures for Aboveground Storage Facilities.
ATCP 93.420 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.425ATCP 93.425Tank lining of aboveground storage tanks.
ATCP 93.425(1)(1)The installation or repair of tank linings or coatings for aboveground storage tanks shall comply with API 652 and this section.
ATCP 93.425(2)(2)The interior lining or coating of aboveground storage tanks or the repair of such linings or coatings shall be supervised and conducted by persons as required by the material manufacturer.
ATCP 93.425(3)(3)Any openings cut for tank lining or similar purposes shall comply with API 653 for field-erected tanks and STI SP031 for shop-built tanks.
ATCP 93.425 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.430ATCP 93.430Vehicle collision protection.
ATCP 93.430(1)(1)Permanent vehicle collision protection shall be provided for any new or existing tank or system component that could result in a release of product when damaged, in any area where impact due to speed, turning, or backing of any type of motorized or self-propelled vehicle is likely to occur, except for tanks covered in ss. ATCP 93.610 (1) to (3) and 93.630.
ATCP 93.430 NoteNote: Sections ATCP 93.610 (1) to (3) and 93.630 cover tank wagons, movable tanks, tank vehicles, and aboveground farm tanks.
ATCP 93.430 NoteNote: Vehicle collision protection is required for tanks located outside or inside a building in motorized-vehicle or self-propelled-equipment traffic areas, where impact resulting from vehicle speed, turning or backing is a risk factor. For example, vehicle collision protection is required for tanks located adjacent to traffic areas that accommodate public and fleet fueling, service and delivery vehicles, self-propelled construction and service equipment, and forklift equipment.
ATCP 93.430 NoteVehicle collision protection is not required for tanks adjacent to vehicle and equipment service bays where traffic patterns and speed would not be expected to impact the tank system.
ATCP 93.430 NoteVehicle collision protection is generally not required at a terminal where roadways are clearly defined, access is restricted to authorized personnel, and vehicle drivers are familiar with the layout of the facilities.
ATCP 93.430(2)(2)At least 24 inches of clearance shall be provided between a vehicle impact barrier and the tank or system component to be protected.
ATCP 93.430(3)(3)Impact barriers shall be designed to protect the tank or component from impact damage by the force of the largest vehicle routinely in the traffic area traveling at 5 miles per hour or at the average traveling speed, if higher than 5 miles per hour, except as provided in sub. (4).
ATCP 93.430(4)(a)(a) For impact barriers designed primarily to protect from the impact of automobiles, the portion determined to be most vulnerable to vehicle impact shall be capable of withstanding a single impact of 12,000-lb force applied at 10 miles per hour or equivalent impact energy.
ATCP 93.430(4)(b)(b) The impact shall be applied using a minimum 0.5-inch thick steel plate having a frontal surface area of 12 inches by 12 inches centered at 18 inches above grade.
ATCP 93.430 NoteNote: For many applications, the department will accept either D.O.T. guardrails or 4-inch steel posts filled with concrete, set at least 3 feet into the ground and spaced no more than 4 feet on center.
ATCP 93.430(5)(5)Vehicle impact barriers shall have a minimum height of 3 feet above grade.
ATCP 93.430 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.440ATCP 93.440Aboveground tank inspection.
ATCP 93.440(1)(1)Application. All new and existing aboveground storage tanks shall be inspected in accordance with this section.
ATCP 93.440(2)(2)Inspection of field-erected metallic aboveground storage tanks.
ATCP 93.440(2)(a)(a) Metallic aboveground storage tanks within the scope of API 653 shall be inspected in accordance with API 653.
ATCP 93.440(2)(b)(b) Initial inspections shall be conducted as required in Table 93.440.
ATCP 93.440(2)(c)1.1. The agency conducting an API 653 inspection shall report all applicable information from the inspection on an API 653 tank inspection summary form supplied by the department.
ATCP 93.440 NoteNote: TR-WM-119-API 653 Tank Inspection Summary is available from the Bureau of Weights and Measures, P. O. 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/PetroleumHazStorageTanksForms.aspx.
ATCP 93.440(2)(c)2.2. A copy of the API 653 tank inspection summary shall be provided to the tank owner or operator along with the complete API 653 inspection report.
ATCP 93.440(2)(d)(d) The tank owner or operator shall have the API 653 inspection summary on site and available for inspection within 30 days after receiving it from the agency that performed the inspection.
ATCP 93.440(2)(e)(e) For tanks undergoing a transition from storing an unregulated substance to storing a regulated substance, any inspection in Table 93.440 that has not occurred shall be performed before putting the regulated substance into the tank. For the purposes of this paragraph, the service date is the date the tank was initially placed into service after construction.
Table 93.440
Inspection Type and Schedule
ATCP 93.440(3)(3)Inspection of shop-built metallic aboveground storage tanks.
ATCP 93.440(3)(a)1.1. The owner or operator of all shop-built metallic aboveground fixed storage tanks shall have the tanks inspected in accordance with STI SP001, except as provided in subd. 2.
ATCP 93.440(3)(a)2.a.a. An alternate inspection procedure that provides equivalent environmental and fire safety protection may be used if accepted in writing by the department, or if developed by the certifying engineer for a facility in accordance with the federal spill prevention control and countermeasure regulations in 40 CFR 112.
ATCP 93.440(3)(a)2.b.b. This paragraph does not apply to tanks that have a capacity of less than 1,100 gallons.
ATCP 93.440(3)(a)2.c.c. This paragraph does not apply to heating oil tanks or to tanks at farms and construction projects.
ATCP 93.440 NoteNote: STI SP001 requires monthly and annual inspections and requires maintaining records of these inspections. For almost all ASTs that have a capacity of 5,000 gallons or less, these inspections are only required to be visual. For most tanks that have a capacity of more than 5,000 gallons, the requirements include, but are not limited to, having a certified inspection every 20 years, consisting of a visual exam and spot, ultrasonic examination, with no requirement for an integrity pressure test. STI SP001 includes optional checklists that may be used for the required record keeping. These checklists and a compendium that contains further guidance for these inspections are available from the Bureau of Weights and Measures, P. O. 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/PetroleumHazStorageTanksForms.aspx.
ATCP 93.440 NoteNote: Tanks that are not required by this paragraph to have periodic inspections may otherwise be required to have periodic inspections, by the federal Spill Prevention Control and Countermeasure regulations in 40 CFR 112.
ATCP 93.440 NoteNote: Heating oil tanks and tanks at farms and construction projects are subject to the requirements in NFPA 31 or 30A under ss. ATCP 93.310 and 93.630, respectively.
ATCP 93.440(3)(b)1.1. The inspection schedule required in par. (a) shall be based on the tank’s time in service.
ATCP 93.440(3)(b)2.2. Monthly inspections may be omitted for seasonal-use tanks during periods when the tank does not contain a regulated substance.
ATCP 93.440(3)(c)(c) If product is found within a tank’s interstitial space during an inspection under this subsection, delivery of product into the tank shall be immediately suspended, and either of the following actions shall be taken within 10 business days:
ATCP 93.440(3)(c)1.1. A vacuum or pressure test shall be performed in accordance with the manufacturer’s recommendations.
ATCP 93.440(3)(c)2.2. The tank shall be closed in accordance with s. ATCP 93.460.
ATCP 93.440 NoteNote: See sub. (5) for further requirements for corrective action.
ATCP 93.440(4)(4)Inspection of nonmetallic aboveground storage tanks.
ATCP 93.440(4)(a)(a) The owner or operator of all nonmetallic aboveground storage tanks — including concrete, tile-lined, fiber-reinforced plastic, and homogeneous plastic tanks — that have a capacity of 1,100 gallons or more shall have the tanks inspected in accordance with all of the following:
ATCP 93.440(4)(a)1.1. ‘Monthly inspection.’
ATCP 93.440(4)(a)1.a.a. At least monthly there shall be a visual inspection of the tank exterior, pipe connections and secondary containment, for signs of leakage, physical damage, and environmentally induced degradation.
ATCP 93.440(4)(a)1.b.b. Any product or water present in the secondary containment shall be removed.
ATCP 93.440(4)(a)2.2. ‘Annual inspection.’
ATCP 93.440(4)(a)2.a.a. At least annually there shall be a visual inspection of tank supports and foundation for signs of physical damage and chemically or environmentally induced degradation.
ATCP 93.440(4)(a)2.b.b. At least annually there shall be a test of the functionality of the tank venting system, if so equipped.
ATCP 93.440(4)(a)3.3. ‘Qualifications for inspection.’ The monthly and annual inspections shall be done by owners, contractors or operations personnel, who are knowledgeable of the facility operations, the tank construction and operation, and the characteristics of the product stored.
ATCP 93.440(4)(a)4.4. ‘Every 5 years.’ At least every 5 years, there shall be an external and internal examination of tank and pipe connections for physical or chemical damage or environmentally induced degradation, conducted by personnel trained and experienced in examining the specific tank construction type.
ATCP 93.440(4)(b)(b) HIR FTV RP 2007, In-service Inspection of Aboveground Atmospheric Fiberglass Reinforced Plastic Tanks and Vessels, may be used as an alternative to the sub. (4) (a) requirements for fiberglass reinforced plastic tanks.
ATCP 93.440(5)(5)Corrective action.
ATCP 93.440(5)(a)(a) If a suspected or obvious release is encountered during the inspections under this section, a tank-system site assessment shall be conducted in accordance with s. ATCP 93.465 before the tank is returned to service.
ATCP 93.440(5)(b)(b) All corrective actions, including repairs that are indicated by the inspections under this section, shall be completed before the tank system is returned to service.
ATCP 93.440 NoteNote: Under s. ATCP 93.400 (11) (a) 1., (b) 1., and (c) 9., records of the inspections that are required under this section must be maintained at the storage-tank site for at least either three years or the interval between inspections, whichever is longer.
ATCP 93.440 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.445ATCP 93.445Seldom-used and temporarily out of service tank systems.
ATCP 93.445(1)(1)Operational requirements. Owners or operators of aboveground seldom-used and temporarily out of service tanks shall comply with the applicable requirements of s. ATCP 93.545 (1).
ATCP 93.445(2)(2)Placing a tank back into service.
ATCP 93.445(2)(a)(a) The respective API 653 or STI SP001 inspection cycle shall be current for a tank before it is placed back into service.
ATCP 93.445(2)(b)(b) All leak detection, overfill, vent and fire valve devices shall be verified as functional before being placed back into service.
ATCP 93.445(2)(c)1.1. Tank systems out of service for more than 365 days shall pass a tightness test of the tank ullage portion in accordance with s. ATCP 93.515 (10), to assure that tank connections are liquid- and vapor-tight before the tanks are placed back into service.
ATCP 93.445(2)(c)2.2. Field-erected tank systems out of service for more than 365 days shall be evaluated for suitability for service in accordance with API 653, to assure that the tank and tank connections are liquid- and vapor-tight before the tanks are placed back into service.
ATCP 93.445(2)(c)3.3. Underground product piping out of service for more than 365 days shall pass a tightness test in accordance with s. ATCP 93.515 (4).
ATCP 93.445(3)(3)Non-complying tank systems. Tank systems that do not comply with this section or in-use tank system requirements are abandoned tanks and shall be closed in accordance with s. ATCP 93.460 within 60 calendar days of non-compliance.
ATCP 93.445 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.450ATCP 93.450Change in service to store a non-regulated or a regulated substance. Owners or operators of aboveground tanks shall comply with the change-in-service requirements of s. ATCP 93.550, except a revised registration for aboveground tanks, form TR-WM-118, shall be completed and submitted.
ATCP 93.450 NoteNote: Form TR-WM-118 — Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration is available from the Division of Trade and Consumer Protection, P. O. Box 8911, Madison WI, 53708-8911, or at telephone (608) 224-4942, or from the Division’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx.
ATCP 93.450 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.