Chapter ATCP 93

ATCP 93.680 Note 1. Tank or internal tank lining.

ATCP 93.680 Note 2. Piping.

ATCP 93.680 Note 3. Line leak detector.

ATCP 93.680 Note 4. Flexible connectors.

ATCP 93.680 Note 5. Drop tube.

ATCP 93.680 Note 6. Spill and overfill prevention equipment.

ATCP 93.680 Note 7. Submersible turbine pump and components.

ATCP 93.680 Note 8. Sealants (including pipe dope and thread sealant), fittings, gaskets, o-rings, bushings, couplings, and boots.

ATCP 93.680 Note 9. Containment sumps (including submersible turbine sumps and under dispenser containment).

ATCP 93.680 Note 10. Leak and release detection floats, sensors, and probes.

ATCP 93.680 Note 11. Fill and riser caps.

ATCP 93.680 Note 12. Product shear valve.

ATCP 93.680(2) (2) Material compatibility for ethanol blends. Equipment used to store or dispense fuel consisting of more than 10 percent ethanol by volume may not contain or consist of any of the following materials:

ATCP 93.680(2)(a) (a) Metals. Zinc, lead, aluminum, or alloys containing these metals such as brass or terne.

ATCP 93.680 Note Note: Terne-plated steel and lead-based solder are commonly used in equipment that handles gasoline. These materials will dissolve when in contact with high concentrations of ethanol.

ATCP 93.680(2)(b) (b) Natural materials. Cork, leather, or natural rubber.

ATCP 93.680(2)(c) (c) Polymers. Polyurethane, polyvinyl chloride, polyamides, or methyl-methacrylate plastics.

ATCP 93.680 Note Note: Materials that have been shown to be generally compatible with high concentrations of ethanol include unplated steel, stainless steel, black iron, bronze, Neoprene rubber, Buna-N, polypropylene, nitrile, Viton, Teflon, thermoset reinforced fiberglass and thermoplastic piping material.

ATCP 93.680(3) (3) General requirements for ethanol blends.

ATCP 93.680(3)(a) (a) Tank cleaning.

ATCP 93.680(3)(a)1. 1. If another type of fuel was stored in the tank, the tank shall be cleaned in accordance with API 2015 or another method approved by the department before introducing the ethanol-blended fuel.

ATCP 93.680 Note Note: See s. ATCP 93.230 (15) for related cleaning criteria when changing the type of liquid stored in a tank.

ATCP 93.680(3)(a)2. 2. All cleaning work shall be performed by a certified tank cleaner unless specifically approved by the department based on an alternate cleaning method.

ATCP 93.680 Note Note: Most metal storage tanks and pipe are compatible with ethanol. However, some fiberglass storage tank systems manufactured before 1992 might not be compatible with higher levels of ethanol. The tank manufacturer and installation contractor should be consulted for additional information on the reuse of underground storage tanks.

ATCP 93.680(3)(a)3. 3. Denatured alcohol (commonly known as E98) may not be stored in underground storage tanks due to flammability issues.

ATCP 93.680(3)(b) (b) Tightness testing. A precision tightness test shall be performed on the tank and piping in accordance with s. ATCP 93.515 (4) before placing the tank system back into service.

ATCP 93.680(3)(c) (c) Equipment requirements.

ATCP 93.680(3)(c)1. 1. ‘Approved equipment.’ Equipment or components used for storing or dispensing ethanol-blended motor fuel shall be listed or shall be verified by the manufacturer as being compatible with ethanol-blended fuel, except where otherwise approved in writing by the department.

ATCP 93.680 Note Note: The department and the EPA accept use of the criteria in API 1626, as adopted in s. ATCP 93.200, to demonstrate compatibility for UST systems storing ethanol blends under this section.

ATCP 93.680(3)(c)2. 2. ‘Dispenser nozzles and hoses.’ Dispensers that are installed on or after February 1, 2009, shall use a separate fueling nozzle and hose for dispensing ethanol-blended motor fuels of more than 10 percent ethanol by volume.

ATCP 93.680 Note Note: See ch. ATCP 94 for signage requirements for ethanol-blended fuels.

ATCP 93.680(3)(c)3. 3. ‘In-line filters.’ A 1- or 2-micron in-line filter shall be used for dispensing ethanol-based fuel.

ATCP 93.680(3)(c)4. 4. ‘Lined tanks.’ Tanks with linings regulated under s. ATCP 93.530 may not be used to store ethanol-blended fuels.

ATCP 93.680(4) (4) Notification procedures for ethanol blends.

ATCP 93.680(4)(b) (b) At least 30 days prior to commencing conversion to an ethanol-blended fuel, a certified installer or professional engineer shall complete part I of the department’s alternative fuel installation/conversion application form, TR-WM-132, and submit it to the department as part of the plan review submittal.

ATCP 93.680 Note Note: Plan review is required in s. ATCP 93.100 for facilities converted to store and dispense ethanol-based fuels.

ATCP 93.680 Note Note: Within a 1st class city, the provisions in par. (b) may be administered by that city instead of the department, as authorized in ss. ATCP 93.020 (8) and 93.110 (3) and (4). As of November 1, 2019, only the City of Milwaukee is a 1st class city.

ATCP 93.680(4)(c) (c) At least 15 days prior to commencing normal fueling operations using ethanol-blended fuel, the operator shall complete part II of the department’s alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuel Storage Tank System and/or Dispenser Installation/Conversion Application, and provide the completed form to the certified tank system inspector performing the pre-operational inspection.

ATCP 93.680 Note Note: A map of weights and measures petroleum inspectors can be found at: https://datcp.wi.gov/Pages/Programs_Services/StorageTankContacts.aspx.

ATCP 93.680 Note Note: See the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

ATCP 93.680 Note Note: Form TR-WM-126, Alternative Fuels — Storage Tank Alternative Fuel Installation/Conversion Application, is 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.

ATCP 93.680(5) (5) Material compatibility for biodiesel blends. Equipment used to store or dispense fuel consisting of more than 5 percent biodiesel by volume may not contain or consist of any of the following materials:

ATCP 93.680(5)(a) (a) Metals. Zinc, lead, aluminum, or alloys containing these metals such as brass or terne.

ATCP 93.680 Note Note: Terne-plated steel and lead-based solder are commonly used in equipment that handles gasoline. These materials will dissolve when in contact with high concentrations of biodiesel.

ATCP 93.680(5)(b) (b) Natural materials. Cork, leather, or natural rubber.

ATCP 93.680(5)(c) (c) Polymers. Polyurethane, polyvinyl chloride, polyamides, or methyl-methacrylate plastics.

ATCP 93.680 Note Note: Materials that have been shown to be generally compatible with high concentrations of biodiesel include unplated steel, stainless steel, black iron, bronze, Neoprene rubber, Buna-N, polypropylene, nitrile, Viton, Teflon, thermoset reinforced fiberglass and thermoplastic piping material.

ATCP 93.680(6) (6) General requirements for biodiesel blends.

ATCP 93.680(6)(a) (a) Tank cleaning.

ATCP 93.680(6)(a)1. 1. If another type of fuel was stored in the tank, the tank shall be cleaned in accordance with API 2015 or another method approved by the department, before introducing fuel consisting of more than 5 percent biodiesel by volume.

ATCP 93.680 Note Note: See s. ATCP 93.230 (15) for related cleaning criteria when changing the type of liquid stored in a tank.

ATCP 93.680(6)(a)2. 2. All cleaning work shall be performed by a certified tank cleaner unless specifically approved by the department based on an alternate cleaning method.

ATCP 93.680 Note Note: Most metal storage tanks and pipe other than galvanized steel are compatible with biodiesel. However, some fiberglass storage tank systems manufactured before 1995 might not be compatible with higher levels of biodiesel. The tank manufacturer and installation contractor should be consulted for additional information on the reuse of underground storage tanks.

ATCP 93.680(6)(b) (b) Tightness testing. A precision tightness test shall be performed on the tank and piping in accordance with s. ATCP 93.515 (4) before placing the tank system back into service.

ATCP 93.680(6)(c) (c) Equipment requirements.

ATCP 93.680(6)(c)1. 1. ‘Approved equipment.’ Equipment or components used for storing or dispensing fuel consisting of more than 5 percent biodiesel by volume shall be listed or shall be verified by the manufacturer as being compatible with the fuel except where otherwise approved in writing by the department.

ATCP 93.680(6)(c)2. 2. ‘Dispenser nozzles and hoses.’ Dispensers that are installed on or after November 1, 2019, shall use a separate fueling nozzle and hose for dispensing fuel consisting of more than five percent biodiesel by volume.

ATCP 93.680 Note Note: See ch. ATCP 94 for signage requirements for biodiesel-blended fuels.

ATCP 93.680(6)(c)3. 3. ‘Inline filters.’ A two- or ten-micron inline filter shall be used for dispensing fuel consisting of more than five percent biodiesel by volume.

ATCP 93.680(6)(c)4. 4. ‘Lined tanks.’ Tanks with linings regulated under s. ATCP 93.530 may not be used to store fuel consisting of more than five percent biodiesel by volume.

ATCP 93.680(7) (7) Notification procedures for biodiesel blends.

ATCP 93.680(7)(a) (a) At least 30 days prior to commencing conversion to biodiesel blends, a certified installer or professional engineer shall complete part I of the department’s alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuel Storage Tank System and/or Dispenser Installation/Conversion Application, and submit it to the department as part of the plan review submittal.

ATCP 93.680 Note Note: Plan review is required in s. ATCP 93.100 for facilities converted to store and dispense fuel consisting of more than five percent biodiesel by volume.

ATCP 93.680 Note Note: Within a 1st class city, the provisions in par. (b) may be administered by that city instead of the department, as authorized in ss. ATCP 93.020 (8) and 93.110 (3) and (4). As of November 1, 2019, only the city of Milwaukee is a 1st class city.

ATCP 93.680(7)(b) (b) At least 15 days prior to commencing normal fueling operations using fuel consisting of more than five percent biodiesel by volume, the operator shall complete part II of the department’s alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuel Storage Tank System and/or Dispenser Installation/Conversion Application, and provide the completed form to the certified tank system inspector performing the preoperational inspection.

ATCP 93.680 Note Note: See the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

ATCP 93.680 Note Note: Form TR-WM-132, Alternative Fuels—Storage Tank Alternative Fuel Installation/Conversion Application, is available from the department’s Web site at http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

ATCP 93.680 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (6) (c) 2. made under s. 13.92 (4) (b) 14., Stats., Register October 2019 No. 766; correction in (4) (c), (7) (a), (b) made under s. 13.92 (4) (b) 6., Stats., Register February 2022 No. 794.

subch. VII of ch. ATCP 93 Subchapter VII — Financial Responsibility

ATCP 93.700 ATCP 93.700 Applicability.

ATCP 93.700(1) (1) This subchapter applies to owners and operators of any of the following storage tank systems, whether new or existing, that are in-use, seldom-used or temporarily out of service:

ATCP 93.700(1)(a) (a) Petroleum underground storage tank systems.

ATCP 93.700(1)(b) (b) Petroleum aboveground storage tank systems located on piers that are not of solid-fill construction.

ATCP 93.700(1)(c) (c) Petroleum aboveground storage tank systems, located on floating structures or watercraft, that are not used exclusively for the propulsion of that floating structure or watercraft.

ATCP 93.700(1)(d) (d) Tank wagons.

ATCP 93.700(1)(e) (e) Tank vehicles that perform fueling operations covered in s. ATCP 93.610 (3).

ATCP 93.700(1)(f) (f) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with single bottoms, that were upgraded with tank lining but not placed in impermeable dike systems.

ATCP 93.700(1)(g) (g) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with double bottoms, that are not provided with interstitial monitoring and not placed in impermeable dike systems.

ATCP 93.700(2) (2) This subchapter does not apply to any of the following:

ATCP 93.700(2)(a) (a) State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States.

ATCP 93.700(2)(b) (b) Owners and operators of the following storage tank systems:

ATCP 93.700(2)(b)1. 1. Farm and residential underground storage tank systems which have a capacity of less than 1,100 gallons and which are used for storing motor fuel for noncommercial purposes.

ATCP 93.700(2)(b)2. 2. Storage tank systems used for storing heating oil for consumptive use on the premises.

ATCP 93.700(2)(b)3. 3. Any tank system in sub. (1) (a) that is permanently closed in accordance with s. ATCP 93.560.

ATCP 93.700(3) (3) If the owner and operator of a petroleum storage tank are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance.

ATCP 93.700 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.703 ATCP 93.703 Definitions. In this subchapter:

ATCP 93.703(1) (1) “Accidental release” means any release of petroleum arising from operating a storage tank system that results in a need for corrective action or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator.

ATCP 93.703(2) (2) “Affidavit of financial responsibility” means a form, supplied by the department on which the owner and operator attest to compliance with 40 CFR 280.111.