Chapter ATCP 93

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:

ATCP 93.510(3)(c)1. 1. A tank system is accumulating water for no apparent reason.

ATCP 93.510(3)(c)2. 2. A leak detection method is providing erratic results.

ATCP 93.510(3)(c)3. 3. A tank system is tested with multiple leak detection methods that show different results.

ATCP 93.510(3)(d) (d) Inventory control as leak detection. Tank systems installed prior to February 1, 2009, may use monthly inventory control performed in accordance with s. ATCP 93.515 (2) as leak detection provided all of the following conditions are met:

ATCP 93.510(3)(d)1. 1. The tank is 10 years old or less.

ATCP 93.510(3)(d)2. 2. The tank has precision tank tightness testing performed in accordance with s. ATCP 93.515 (4) at least once every 5 years from the date of installation until the tank is 10 years old.

ATCP 93.510(3)(d)3. 3. The tank system has corrosion protection in accordance with s. ATCP 93.520.

ATCP 93.510(4) (4) Leak detection for piping.

ATCP 93.510(4)(a) (a) Pressurized piping. Underground piping that conveys regulated substances under pressure shall comply with all of the following requirements:

ATCP 93.510(4)(a)1. 1. The system shall be equipped with an automatic line leak detector in accordance with s. ATCP 93.515 (8) (b).

ATCP 93.510(4)(a)2. 2. Single-wall piping systems shall have at least one of the following leak detection methods:

ATCP 93.510(4)(a)2.a. a. An annual precision tightness test in accordance with s. ATCP 93.515 (4).

ATCP 93.510(4)(a)2.b. b. Monthly monitoring to the 0.2 gallon per hour rate.

ATCP 93.510(4)(a)3. 3. Double-wall piping systems shall use one of the leak detection methods in subd. 2., or statistical inventory reconciliation, or continuous interstitial monitoring, except as provided in s. ATCP 93.500 (1) (a).

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(4)(a)4. 4. 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(4)(b) (b) Suction piping.

ATCP 93.510(4)(b)1. 1. Piping which conveys regulated substances under suction and which is not entirely visible shall use one of the following leak detection methods, except as provided in subd. 2.:

ATCP 93.510(4)(b)1.a. a. A precision tightness test performed in accordance with s. ATCP 93.515 (4) at least every three years.

ATCP 93.510(4)(b)1.b. b. Interstitial monitoring.

ATCP 93.510(4)(b)2. 2. Leak detection may be omitted for suction piping that meets all of the following requirements:

ATCP 93.510(4)(b)2.a. a. The below-grade piping operates at less than atmospheric pressure.

ATCP 93.510(4)(b)2.b. b. The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released.

ATCP 93.510(4)(b)2.c. c. Only one check valve is included in each suction line.

ATCP 93.510(4)(b)2.d. d. The check valve is visibly located directly below and as close as practical to the suction pump.

ATCP 93.510(4)(b)2.e. e. A method is provided that allows compliance with subd. 2. b. to d. to be readily observed or otherwise determined.

ATCP 93.510(4)(c) (c) Inventory control as leak detection. Piping connected to a tank using inventory control in accordance with sub. (3) (d) shall comply with one of the following:

ATCP 93.510(4)(c)1. 1. Pressurized piping shall have leak detection complying with par. (a).

ATCP 93.510(4)(c)2. 2. Suction piping shall have leak detection complying with par. (b).

ATCP 93.510 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (d) (intro.) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.515 ATCP 93.515 Leak detection methods.