ATCP 93.140 Note Note: See s. ATCP 93.530 (2) (f) for registration requirements that apply when a UST lining is installed.

ATCP 93.140(3) (3) Registration procedure.

ATCP 93.140(3)(a) (a) General. A storage tank registration form, form TR-WM-118 or TR-WM-137, shall be completed, signed by the owner and submitted to the department, for each tank which stores regulated substances and which is not exempted in sub. (1).

ATCP 93.140 Note Note: Form TR-WM-118 — Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration and TR-WM-137 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration 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.

ATCP 93.140(3)(b) (b) Proof of financial responsibility. For a tank owner meeting any of the conditions in sub. (2) (a) and (e), except for permanently closed tanks, proof of any required financial responsibility and an affidavit of financial responsibility, in accordance with subch. VII, shall be submitted with the registration form.

ATCP 93.140 Note Note: See s. ATCP 93.700 (1) for the types of tanks that must have financial responsibility. See s. ATCP 93.745 (2) (j) for requirements for an affidavit of financial responsibility.

ATCP 93.140(3)(c) (c) Tank installation checklist and tests.

ATCP 93.140(3)(c)1. 1. Submittal of a registration form for a newly installed shop-built tank system, or for a registered shop-built tank system addressed in sub. (2) (c), shall include the original of the tank installation inspection checklist, form TR-WM-120 or TR-WM-138, as completed by the certified tank system inspector under s. ATCP 93.115 (2) (b) 4., except as specified in par. (d).

ATCP 93.140(3)(c)2. 2. Submittal of a registration form for a newly installed UST system shall include the results of the installation tests required in s. ATCP 93.500 (6).

ATCP 93.140(3)(d) (d) Exceptions. In the following circumstances, the specified documents shall be submitted instead of form TR-WM-120 or TR-WM-138:

ATCP 93.140(3)(d)1. 1. ‘Newly installed aboveground tanks storing federally regulated hazardous substances.’ Submittal of a registration form for an aboveground tank which stores federally regulated hazardous substances shall include a statement from the qualified engineer responsible for designing and overseeing the construction of the tank system. The statement shall include the name, business address and signature of the qualified engineer and a summary list of design standards used.

ATCP 93.140 Note Note: The list of federally regulated hazardous substances referred to in this subdivision, also known as the CERCLA List, is located in 40 CFR 302.4, Table 302.4.

ATCP 93.140(3)(d)2. 2. ‘Conversion to point-of-sale fueling.’ Where conversion to point-of-sale fueling is the only change at a facility, submittal of the registration form shall include the POS fueling installation form, TR-WM-130, completed under s. ATCP 93.100 (3) (a) 5. b.

ATCP 93.140(3)(d)3. 3. ‘Upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer.’ Where upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer is the only change at a facility, submittal of the registration form shall include the leak detection installation form, TR-WM-133, completed under s. ATCP 93.100 (3) (a) 5. c.

ATCP 93.140(3)(d)4. 4. ‘Conversion to storage and dispensing of alternative motor fuels.’ Where conversion to storage and dispensing of alternative motor fuels is the only change at a facility, submittal of the registration form shall include Part II of form TR-WM-132, as completed by the tank owner under s. ATCP 93.100 (3) (a) 5. d.

ATCP 93.140 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (b) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.145 ATCP 93.145 Tank permits.

ATCP 93.145(1) (1) General. All in-use and temporarily out of service storage tanks, whether new or existing, that are used to store a regulated substance shall have a permit to operate from the department, except this requirement does not apply to any of the following tanks:

ATCP 93.145(1)(a) (a) Aboveground tanks.

ATCP 93.145(1)(b) (b) Farm and residential underground storage tanks which have a capacity of less than 1,100 gallons and which are used for storing motor fuel.

ATCP 93.145(1)(c) (c) Underground storage tanks storing heating oil for consumptive use on the premises.

ATCP 93.145 Note Note: Tanks that are not exempt from permit requirements under this paragraph include tanks that store heating oil as a back-up fuel for natural gas-fired boilers.

ATCP 93.145(1)(d) (d) Tanks located at an EPA superfund site.

ATCP 93.145(2) (2) Permit application timeline. The tank owner shall obtain a permit to operate, in accordance with sub. (3), after all requirements for plan approval under s. ATCP 93.100 and registration under s. ATCP 93.140 are completed and the tank is installed.

ATCP 93.145(3) (3) Permit application procedure.

ATCP 93.145(3)(a) (a) The owner shall complete one permit application, form TR-WM-160, as provided by the department, for each tank and submit it to the department along with the information required on the application, except as specified in par. (b), and with any fees due to the department as assessed under this chapter or ch. ATCP 94.

ATCP 93.145(3)(b) (b) Where registration information in full compliance with s. ATCP 93.140 (3) is submitted for a newly installed tank, the department shall use that information as the permit application.

ATCP 93.145(4) (4) Permit processing.

ATCP 93.145(4)(a) (a) The department shall review and make a determination on the permit application within 30 business days of receipt of the completed forms and required information.