ATCP 93.410(10) (10) 

ATCP 93.410(10)(a) (a) Any of the following double-wall aboveground tanks that are installed on or after November 1, 2019, shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity, and which automatically shuts off flow when the quantity of liquid in the tank reaches 95 percent of the tank’s capacity, except this requirement does not apply to the tanks addressed in sub. (9) (a):

ATCP 93.410(10)(a)1. 1. Tanks using tight-connect delivery.

ATCP 93.410(10)(a)2. 2. Tanks located remote from the fill point that use delivery nozzles with latch-open devices.

ATCP 93.410(10)(b) (b) Any of the following existing aboveground double-wall tanks shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity, and which automatically shuts off flow when the quantity of liquid in the tank reaches 95 percent of the tank’s capacity, except this requirement does not apply to the tanks addressed in sub. (9) (b):

ATCP 93.410(10)(b)1. 1. Tanks using tight-connect delivery.

ATCP 93.410(10)(b)2. 2. Tanks located remote from the fill point that use delivery nozzles with latch-open devices.

ATCP 93.410(11) (11) Any single-wall aboveground tank which is not addressed in subch. III and which either is existing by November 1, 2019, or is installed on or after that date shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity.

ATCP 93.410(12) (12) Overfill prevention equipment shall be tested before it is placed into service to ensure it is set to activate at the levels specified in this section and that it will activate when the contained liquid reaches those levels. This testing shall be performed in accordance with one of the following:

ATCP 93.410(12)(a) (a) Requirements developed by the manufacturer, if the manufacturer has developed testing requirements.

ATCP 93.410(12)(b) (b) An approved standard developed by a nationally recognized association or independent testing laboratory.

ATCP 93.410(12)(c) (c) Requirements determined by the department to be no less protective of human health and the environment than the requirements listed in this subsection.

ATCP 93.410(13) (13) 

ATCP 93.410(13)(a) (a) Operators shall utilize the procedures and equipment as specified in PEI RP600 for preventing overfilling of new and existing shop-built aboveground tanks.

ATCP 93.410(13)(b) (b) Fuel-delivery persons shall utilize the procedures in PEI RP600 for preventing overfilling of new and existing shop-built aboveground tanks, and may not interfere with equipment that is intended to prevent overfilling.

ATCP 93.410 Note Note: PEI RP600 does not mandate installation of equipment, but instead addresses how to effectively use the equipment that is provided, as required by other sections and referenced standards in this chapter.

ATCP 93.410 Note Note: Under ss. ATCP 93.470 and 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 93.410 Note Note: Overfill-prevention requirements for bulk plant tanks are in PEI RP800, and corresponding requirements for hazardous liquid tanks containing substances that are not flammable or combustible are in s. ATCP 93.350.

ATCP 93.410 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 aboveground and underground tanks in a safe and efficient manner which protects the environment. It is available at http://publications.api.org.

ATCP 93.410 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (6) (a) made under s. 35.17, Stats., and correction in (10) (a), (11) made under s. 13.92 (4) (b) 14., Stats., Register October 2019.

ATCP 93.420 ATCP 93.420 Secondary containment.

ATCP 93.420(1) (1) Application. Aboveground storage tanks using secondary containment as a method of spill control shall comply with the secondary containment requirements in NFPA 30 section 22.11 and this section, except this requirement does not apply to any of the following tanks:

ATCP 93.420(1)(a) (a) Tanks covered in ss. ATCP 93.610 (1) to (3) and 93.630.

ATCP 93.420 Note Note: Sections ATCP 93.610 (1) to (3) and 93.630 cover tank wagons, movable tanks, tank vehicles, and aboveground farm tanks.

ATCP 93.420(1)(b) (b) Tanks storing Class IIIB liquids other than used oil.

ATCP 93.420 Note Note: Federal regulations, such as the Spill Prevention Control and Countermeasure requirements in 40 CFR part 112, may also apply to these tanks and be more restrictive but are not enforced by the department.

ATCP 93.420(1)(c) (c) Tanks storing Class IIIB liquids that are not in the same diked area as a tank containing Class I, II, or IIIA liquids.

ATCP 93.420(2) (2) Dike systems for tanks.

ATCP 93.420(2)(a) (a) Weather exposure. Where a dike system is used to provide secondary containment for a tank system that is exposed to the weather, the dike system shall be constructed in accordance with NFPA 30 section 22.11; ACI 350.2R, if concrete is used; and this subsection.