Chapter ATCP 93

ATCP 93.500(9)(c)12. 12. 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 93.500(9)(c)12.a. a. With the owner or operator who took the UST system out of service.

ATCP 93.500(9)(c)12.b. b. With the current operator of the UST system site.

ATCP 93.500(9)(c)12.c. c. With the department if records cannot be maintained at the closed facility.

ATCP 93.500(9)(c)13. 13. Leak detection alarm investigation — 2 years.

ATCP 93.500(9)(c)14. 14. Product inventory verification in accordance with s. ATCP 93.503, inventory control in accordance with s. ATCP 93.515 (2), or statistical inventory reconciliation in accordance with s. ATCP 93.515 (6) — 10 years.

ATCP 93.500(9)(c)15. 15. One set of stamped, approved plans and specifications and a copy of the approval letter — the operational life of the system.

ATCP 93.500(9)(c)16. 16. 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 93.500 Note Note: All leak detection records should be retained permanently. The documentation could be helpful to exclude the site as a possible source of contamination at a later date.

ATCP 93.500 Note Note: Section ATCP 93.870 has record keeping requirements for operator training or USTs that are required to have a permit to operate from the department.

ATCP 93.500 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) (c) 1., (8) (b) 3. made under s. 13.92 (4) (b) 14., Stats., correction in (8) (b) 2., 3. made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (c) 2., (7) (g), (k) 1., (8) (c) 1. (intro.), c., (9) (b) 1. made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.503 ATCP 93.503 Product inventory verification at retail facilities.

ATCP 93.503(1) (1) This section applies to any tank system from which products are offered for retail sale to the public that are subject to the requirements of ch. ATCP 94.

ATCP 93.503 Note Note: Inventory verification can be particularly effective during regulatory investigations of consumer complaints about the quality of purchased fuels.

ATCP 93.503 Note Note: The inventory verification specified in this section is not required to conform to the inventory control specifications in API 1621.

ATCP 93.503(2) (2) To verify and maintain the integrity and quantity of delivered products, product inventory verification shall be conducted monthly for the life of the tank system, and reconciled on a monthly basis, in the following manner:

ATCP 93.503(2)(a) (a) Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank are recorded each operating day.

ATCP 93.503(2)(b) (b) The equipment used is capable of measuring the level of product over the full range of the tank’s height, to the nearest one-eighth of an inch.

ATCP 93.503(2)(c) (c) The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery. Where tanks are interconnected by a manifold, reconciliation may address all of the interconnected tanks as a group rather than as individual tanks.

ATCP 93.503(2)(d) (d) Product dispensing is metered and recorded in accordance with applicable requirements in ch. ATCP 92 for meter calibration or an accuracy of 6 cubic inches for every 5 gallons of product withdrawn.

ATCP 93.503(2)(e) (e) The measurement of any water level in the bottom of the tank is made to the nearest one-eighth of an inch at least once a month.

ATCP 93.503(3) (3) The reconciliation under sub. (2) shall be used to determine whether either of the following are indicated:

ATCP 93.503(3)(a) (a) A leak detection method has failed as indicated by an overall product loss for two consecutive months as addressed in s. ATCP 93.570 (4).

ATCP 93.503(3)(b) (b) Unauthorized product mixing has occurred, as indicated by an unexplained increase or decrease in product level and as addressed in ch. ATCP 94.

ATCP 93.503 Note Note: Where inventory control is used as the leak detection method, under s. ATCP 93.515 (2), the measurements and procedures followed there will satisfy the requirements for inventory verification in this section.

ATCP 93.503 Note Note: Where statistical inventory reconciliation is used as the leak detection method, under s. ATCP 93.515 (6), the same data may be used for the statistical inventory reconciliation and the inventory verification in this section, provided the requirements of the statistical inventory reconciliation vendor and of this section are both met, including the monthly reconciliation in this section.

ATCP 93.503 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.505 ATCP 93.505 Spill and overfill prevention.

ATCP 93.505(1) (1) General.

ATCP 93.505(1)(a) (a) Prior to delivery, the operator of the fuel 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 93.505(1)(b) (b) The transfer operation shall be monitored constantly by the operator of the delivery equipment so as to prevent overfilling and spilling.

ATCP 93.505(2) (2) Equipment. All underground storage tank systems, whether new or existing, shall meet all of the following requirements except par. (a) 1. a. does not apply to containment that was installed before February 1, 2009, and par. (a) 3. does not apply to containment that was installed before November 1, 2019:

ATCP 93.505(2)(a) (a) Spill prevention. A liquid-tight containment basin that meets all of the following requirements shall be provided on top of the tank, where connections are made for product fill piping:

ATCP 93.505(2)(a)1. 1.

ATCP 93.505(2)(a)1.a. a. The basin shall have a capacity of at least five gallons.

ATCP 93.505(2)(a)1.b. b. The basin shall be fabricated and installed in a manner that prevents release of liquids.

ATCP 93.505(2)(a)2. 2. The basin shall be equipped with either a drain system that directs spilled product into the tank or a mechanism to pump product out of the basin.

ATCP 93.505(2)(a)3. 3.

ATCP 93.505(2)(a)3.a. a. The basin shall be tested for leaks hydrostatically at installation in accordance with any manufacturer’s instructions, and the adopted standard PEI RP 1200, except as provided in subd. 3. b.

ATCP 93.505(2)(a)3.b. b. The testing in subd. 3. a. may be omitted for a spill containment basin that has continuous electronic pressure, vacuum, liquid-filled interstitial monitoring in addition to double-wall construction, if the monitoring system is tested at installation to verify that it operates in accordance with the manufacturer’s specifications.

ATCP 93.505(2)(b) (b) Overfill prevention.

ATCP 93.505(2)(b)1. 1. Overfill prevention equipment shall be provided that will operate as follows unless approved otherwise in writing by the department:

ATCP 93.505(2)(b)1.a. a. Alert the transfer operator when the tank is no more than 90 percent full by triggering an audible and visual high-level alarm.

ATCP 93.505(2)(b)1.b. b. Automatically shut off the flow of liquid into the tank when the tank is no more than 95 percent full, if the tank uses tight-connect delivery.

ATCP 93.505 Note Note: Retrofit equipment is available which complies with these requirements and which can be installed in a tank without removing pavement. See PEI RP100 section 7.3.2 for description of how the contents of the delivery hose can be drained into the tank after an automatic shutoff valve closes.

ATCP 93.505(2)(b)2. 2. Overfill prevention equipment shall be tested before it is placed into service and annually to ensure it is set to activate at the level specified in subd. 1. and that it will activate when the contained liquid reaches that level. This testing shall be performed in accordance with manufacturer’s instructions and the adopted standard PEI RP 1200.

ATCP 93.505 Note Note: API RP 1007, Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles, is a guideline for use by truck drivers and other personnel that includes specific steps for unloading tank trucks into underground and aboveground tanks in a safe and efficient manner which protects the environment. It is available at http://publications.api.org.

ATCP 93.505(3) (3) Maintenance.

ATCP 93.505(3)(a) (a) All new and existing spill and overfill protection shall be maintained to perform as originally intended.

ATCP 93.505 Note Note: Under s. ATCP 93.585 (2) (b), fuel-delivery persons must immediately inform the owner or operator of any spilling or overfilling which occurs during the delivery procedure and which may result in or be a release. Requirements for the owner or operator to report, investigate and clean up any spills and overfills are contained in ss. ATCP 93.575 to 93.585.

ATCP 93.505(3)(b) (b)

ATCP 93.505(3)(b)1. 1. All new or existing spill-containment basins shall be tested for leaks at least once every 3 years in accordance with one of the following methods:

ATCP 93.505(3)(b)1.a. a. Methods prescribed in s. ATCP 93.500 (6) (d).

ATCP 93.505(3)(b)1.b. b. A code of practice developed by a nationally recognized association or independent testing laboratory.

ATCP 93.505(3)(b)1.c. c. Other method approved by the department.

ATCP 93.505(3)(b)2. 2. The testing in subd. 1. may be omitted for a spill containment basin that has continuous electronic pressure, vacuum, liquid-filled interstitial monitoring in addition to double-wall construction, if the monitoring system is tested at installation to verify that it operates in accordance with the manufacturer’s specifications.

ATCP 93.505(3)(b)3. 3. Spill-containment basin tightness testing shall be performed by a person with no personal or monetary interest in the facility and whose employer has no personal or monetary interest in the facility.

ATCP 93.505(3)(b)4. 4. Any spill-containment basin with a tear, crack, or hole shall be replaced with equipment meeting the criteria for new spill containment.

ATCP 93.505(3)(b)5. 5. When a spill-containment basin replaced under subd. 2. has an obvious or suspected release or when an initial basin is installed on a preexisting tank on or after November 1, 2019, an assessment shall be performed in accordance with ss. ATCP 93.580 to 93.585.

ATCP 93.505 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (intro.), (a) 3., (3) (b) 1. (intro.), 2. made under s. 35.17, Stats., and correction in (2) (intro.), (3) (b) 5. made under s. 13.92 (4) (b) 14., Stats., Register October 2019 No. 766.

ATCP 93.510 ATCP 93.510 Leak detection requirements.

ATCP 93.510(1) (1) General.

ATCP 93.510(1)(a) (a) All new and existing underground tank systems used to store regulated substances shall be provided with a method of leak detection that complies with this section and s. ATCP 93.515, except as exempted in par. (d).

ATCP 93.510(1)(b) (b) The method of leak detection shall be approved in accordance with s. ATCP 93.130.

ATCP 93.510(1)(c) (c) All monitoring equipment used to satisfy the requirements of this section shall be installed, calibrated, operated, and maintained to perform as originally intended in accordance with the manufacturer’s instructions and the department’s approval as issued under s. ATCP 93.130.

ATCP 93.510(1)(d) (d) Leak detection is not required for any of the following tanks:

ATCP 93.510(1)(d)1. 1. Tanks which have a capacity of less than 1,100 gallons and which are located on farm premises or at private residences.

ATCP 93.510(1)(d)2. 2. Tanks storing Class IIIB liquids that are neither petroleum nor CERCLA-listed products.

ATCP 93.510(1)(e) (e) If a tank system exhibits a continuing pattern of failing and then not failing leak detection testing, a precision tightness test shall be performed within 10 business days in accordance with s. ATCP 93.515 (4), and if a tank system fails to pass that test, the site shall be assessed for the presence of a release in accordance with ss. ATCP 93.575 to 93.585.

ATCP 93.510 Note Note: This section primarily addresses the leak detection that is required on a routine, ongoing basis during normal operation of an underground storage tank system. Several other sections of this chapter require additional UST leakage or tightness testing.

ATCP 93.510(2) (2) Annual equipment verification.

ATCP 93.510(2)(a) (a) The following equipment shall be verified by a qualified person every 12 months for the same degree of operability and capability as when the equipment was newly installed using either requirements developed by the manufacturer, or code of practice developed by a nationally recognized association in Table 93.200.

ATCP 93.510(2)(a)1. 1. Equipment for measuring product levels that is used for manual tank gauging or statistical inventory reconciliation.

ATCP 93.510(2)(a)2. 2. Automatic tank gauging equipment used for monthly monitoring, statistical inventory reconciliation or precision tightness testing.

ATCP 93.510(2)(a)3. 3. Interstitial monitoring equipment.

ATCP 93.510(2)(a)4. 4. Sensors used to detect leaks in tanks, lines or sumps.

ATCP 93.510(2)(a)5. 5. Overfill prevention equipment automatic high-level alarm at 90 percent tank capacity and automatic overfill prevention shut off device at 95 percent capacity. The automatic overfill prevention device does not have to be removed from the tank if designed to be tested in place by the manufacturer and the manufacturer provides a test procedure that includes verification of operation and shut off level at 95 percent tank capacity.

ATCP 93.510(2)(b) (b) Under this subsection, a qualified person is a person certified by the equipment manufacturer as being trained in the operational characteristics of the equipment.

ATCP 93.510(2)(c) (c)

ATCP 93.510(2)(c)1. 1. Annual monitoring equipment certification shall be made on the department’s underground tank system functionality verification form, TR-WM-139, and on the department’s electronic-mechanical line leak detector annual functionality form, TR-WM-123, and line test report form, TR-WM-125, if applicable and shall be maintained onsite in accordance with s. ATCP 93.500 (9) (a).

ATCP 93.510(2)(c)2. 2. If all deficiencies found during the equipment verification have not been corrected, the first page of the TR-WM-139 form shall be sent to the department email address on the form within 5 business days of the completion of the verification.

ATCP 93.510 Note Note: Form TR-WM-123, Electronic/Mechanical Line Leak Detector Annual Functionality, Form TR-WM-125, Line Tightness Test Report, and Form TR-WM-139, Underground Tank System Functionality Verification, 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. See s. ATCP 93.165 for use of alternate forms approved by the department.

ATCP 93.510(3) (3) Leak detection for tanks.

ATCP 93.510(3)(a) (a) General.

ATCP 93.510(3)(a)1. 1. Tanks shall be monitored at least every 30 days for leaks using one of the methods listed in s. ATCP 93.515, except as provided in subd. 2. and s. ATCP 93.500 (1) (a).

ATCP 93.510(3)(a)2. 2. Tanks installed prior to February 1, 2009, that have a capacity of 1,000 gallons or less may use manual tank gauging conducted in accordance with s. ATCP 93.515 (3) as the sole means of leak detection provided it is performed weekly.

ATCP 93.510 Note Note: Under s. ATCP 93.500 (1) (a), continuous electronic interstitial monitoring is generally required for all secondary containment installed on or after February 1, 2009.

ATCP 93.510(3)(b) (b) Failed tests. If a passing test using monthly monitoring is not achieved, the site shall be assessed for the presence of a release in accordance with ss. ATCP 93.575 to 93.585.

ATCP 93.510(3)(c) (c) Inconsistent results. The authorized agent or the department may require a precision tightness test to be performed where any of the following events occur: