Wisconsin Legislature: ATCP 93.545(1)(d)

1. Video inspection as prescribed under sub. (4) (a).

2. Physical inspection as prescribed under sub. (4) (b).

(b) For tanks with cathodic protection added after the tank was lined:

1. For first 5-year inspection following cathodic protection addition with cathodic protection maintained at a protective level, physical inspection is required under sub. (4) (b).

2. If first 5-year inspection indicates no change of external wall thickness, then subsequent 5-year inspections can be performed as allowed in sub. (4).

(d) The use of the equipment to perform the inspections under par. (a) shall be in accordance with national consensus standards.

(e) Inspection and repairs of lined tanks shall be conducted by or under the direct supervision of an underground tank system liner in accordance with s. ATCP 93.240 (1) (b).

(f) The person performing the inspection shall be certified by the manufacturer of the inspection equipment.

(g) An inspection shall include all interior portions of the tank.

(7) Repair of tank linings shall comply with the requirements of API 1631 and the lining manufacturer’s specifications.

(7g) Tanks that have an overall average tank metal thickness or an average tank thickness of a designated thin wall area of less than 75 percent or any through-wall perforations shall be immediately closed per s. ATCP 93.560.

(7r) Tanks that have an overall average tank metal thickness or an average tank thickness of a designated thin wall area of 75 percent to 85 percent shall have an impressed current system installed per s. ATCP 93.520 or be immediately closed per s. ATCP 93.560.

(8) A lined tank that requires repairs to more than 10 percent of the lined surface shall be returned to service only if all of the following conditions are met:

(a) The tank meets the structural requirements in subs. (7), (7g), and (7r) before the lining repair.

(b) The tank has impressed current corrosion protection installed in accordance with s. ATCP 93.520 before being placed back into service.

(9) The person performing the inspection shall provide a report to the owner, authorized agent, and the department within 15 days of completing the inspection that describes all of the following items in addition to those required in API 1631:

(a) The type of repairs that have been made.

(b) The total dimension of the area in square inches that has been repaired by lining.

(10) Before placing any tank back into service under this section, both of the following shall occur in the following order:

(a) An access way for an inspector to enter the tank shall be installed from the tank interior to finished grade, if not already provided.

(b) A precision tightness test shall be performed on the tank system in accordance with s. ATCP 93.515 (4). In addition, tightness test shall be performed on the ullage portion of the tank in accordance with s. ATCP 93.515 (10).

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (4) (intro.) made under s. 35.17, Stats., and correction in (5) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register October 2019 No. 766.

ATCP 93.545 Seldom-used and temporarily out of service tank systems.

(1) Operational requirements. When a storage tank system is placed temporarily out of service, the owner or operator shall comply with all of the following:

(a) Notify the department of the registration change in accordance with s. ATCP 93.140 (2) (d).

(b) Maintain tank permits in accordance with s. ATCP 93.145.

(d) Operation and maintenance of corrosion protection shall be continued.

(e)

1. The tank, piping, dispensing equipment, lines, pumps, manways, and other ancillary equipment shall be secured to prevent tampering, except as exempted in subd. 2.

2. Facilities that are in operation and secured against general public access are not required to have the additional security required in subd. 1. All vent lines shall be left open and functioning.

(f) All inspections, maintenance, and periodic testing shall be performed as if the tank were still in service.

(g) Requirements for tanks with product:

1. Product must be removed from tanks if they have been in TOS status for 12 months.

2. Product must be tested and meet ASTM standards prior to bringing the tank back into service.

3. Leak detection shall be maintained in accordance with this chapter.

(h) Requirements for tanks without product:

1. The tank system is empty when all liquid has been removed from the tank and the associated piping so that no more than one inch of residue remains in the system.

2. The tank shall be protected against flotation caused by flooding or soil saturation.

(j) Single-walled tanks or piping installed more than 30 years ago shall be placed back into service within one year or be permanently closed per s. ATCP 93.560.

(2) Placing a tank back into service.

(a) Notify the department of the registration change in accordance with s. ATCP 93.140 (2) (d).

(b) A precision tightness test shall be performed on the tank and piping in accordance with s. ATCP 93.515 (4) (a) 1. before placing the tank system back into service.

(c) Tank systems out of service for more than 365 days shall pass a tightness test of the ullage portion in accordance with s. ATCP 93.515 (10) to assure that tank connections are liquid- and vapor-tight.

(d) The tank system shall fully comply with this chapter before being placed back into service, except double-wall construction is not newly required for underground tank systems installed before February 1, 2009.

(e) Tank systems covered in par. (a) shall immediately have the leak detection system verified in accordance with s. ATCP 93.510 (2).

(f) Tanks covered in par. (b) shall have all the respective components documented as functional on form TR-WM-139 and on forms TR-WM-123 and TR-WM-125, if applicable, before being placed back in service.

(g) Product stored in tank during the TOS period shall be tested and meet ch. ATCP 94 standards prior to being sold.

Note: Form TR-WM-123, Electronic/Mechanical Line Leak Detector Annual Functionality, form TR-WM-125, Line 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 (608) 224-4942, 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.

(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 93.560 within 60 calendar days of non-compliance.

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

ATCP 93.550 Change in service to store a non-regulated or a regulated substance.

(1) When a tank system that held a regulated substance undergoes a change in service to store a non-regulated substance, the owner or operator shall comply with all of the following requirements:

(a) At least 5 business days before beginning a change in service, the owner or operator shall notify the authorized agent or the department of the intended change.

(b) Before a change in service, the owner or operator shall have the tank emptied and cleaned, by removing all liquid and accumulated sludge in accordance with the procedures specified in API 2015.

(c) A tank system integrity assessment, and, if necessary, a tank system site assessment shall be performed for the tank system in accordance with ss. ATCP 93.575 to 93.585 after notifying the authorized agent or the department but before completing the change in service.

(d) Cleaning of tanks and tank system site assessments shall be performed by persons certified in accordance with s. ATCP 93.240 (14) to (21).

(e) The owner shall have a revised tank registration, form TR-WM-137, and part A of the department’s tank system service and closure assessment report, form TR-WM-140, completed and submitted to the department within 21 business days of changing a tank system to storage of a non-regulated substance.

Note: Form TR-WM-137 - Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-140 – Tank System Service and Closure Assessment Report are available from the Bureau of Weights and Measures, PO 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/PetroleumHazStorageTanks.aspx.

(f) The change in service shall occur within 60 days after in-use or temporarily out of service status is terminated.

(2) When a tank system that held a non-regulated substance undergoes a change in service to store a regulated substance, all applicable requirements of this chapter apply upon placing the tank system into service. These requirements include precision tightness testing for the liquid-containing portion and tightness testing for the ullage portion.

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

ATCP 93.560 Tank system closure.

(1) Notification.

(a) At least 5 business days before beginning permanent closure of a tank system, the owner or operator or designee shall notify the authorized agent or the department of the intended closure on form TR-WM-121, except a shorter notification period is permitted where unexpected closure is commenced upon finding adverse conditions during a corrective action conducted under s. ATCP 93.585.

(b) Any date or time changes to the original submitted notification form, TR-WM-121, shall be requested at least one business day prior to the original date or time. The new date or time must be later than the original date or time.

Note: Form TR-WM-121 – ATCP 93 Notification Record is available from the Bureau of Weights and Measures, PO 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/PetroleumHazStorageTanks.aspx.

(2) Closure procedures.

(a) To permanently close an underground tank system, the owner or operator shall have the tank and piping emptied and cleaned, by removing all liquids and accumulated sludge, and shall remove the tank and piping from the site unless allowed otherwise under par. (e). Tanks that are removed shall be scrapped unless reused in accordance with s. ATCP 93.350 (3) (i) or 93.500 (3) (c).

(am) Tank basin and piping trench excavation shall be left open until inspector approves backfilling and tank and piping must remain onsite until inspector approves removal.

(b) Tank cleaning processes shall comply with the appropriate national standard referenced in s. ATCP 93.200.

Note: For guidance in complying with the tank-cleaning requirements in API standard 2015, as listed on line 17 of Table 93.200-2, API publishes RP 2016, Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks, which is available from API at the address listed in the table.

(c) Individuals cleaning tanks or removing tank systems or portions of tank systems shall be certified in accordance with s. ATCP 93.240 (14) to (21).

(d) When an underground tank system is closed, or when a previously closed tank system is removed under sub. (4), the owner shall have a revised tank registration, form TR-WM-137, and part A of the department’s tank-system service and closure assessment report, form TR-WM-140, completed and submitted to the department within 21 business days of closure or removal.

Note: Form TR-WM-137 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-140 – Tank System Service and Closure Assessment Report are available from the Bureau of Weights and Measures, PO 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/PetroleumHazStorageTanks.aspx.

(e) Underground tanks systems may be closed in-place by filling with an inert, solid material, after emptying and cleaning, if the department determines, upon written request from the owner or operator, that one or more of the following conditions exist:

1. Excavation would impact the structural integrity of an adjacent building or structure.

2. Overhead utilities at a commercial site pose a safety hazard.

3. Excavation would impact adjacent transformers or substations.

4. Unauthorized encroachment would occur onto neighboring property under different ownership.

5. The tank location is inaccessible to necessary equipment.

6. Excavation would result in the destruction of mature trees.

7. Excavation would encroach upon a public way.

8. Excavation would necessitate the permanent disconnection or relocation of underground utilities.

Note: Closing a tank in-place does not exempt the tank from tank-system site assessment requirements.

(f) The department’s Tank System Service and Closure Assessment Report form, TR-WM-140, shall be filled out by the certified remover and provided to the certified tank system inspector at the closure inspection.

(3) Tank-system site assessment. A tank-system site assessment shall be performed in accordance with ss. ATCP 93.575 to 93.585 after notifying the authorized agent or the department but before closing a tank system in place, installing a new system, or backfilling the tank basin and the piping trenches.