ATCP 93.500(9)(a)10. 10. One set of stamped, approved plans and specifications and a copy of the approval letter.
ATCP 93.500(9)(b) (b) Availability of records.
ATCP 93.500(9)(b)1.1. Operators shall maintain the required records at the site, except as provided in subds. 2. and 3., and par. (c) 11.
ATCP 93.500(9)(b)2. 2. Operators of unattended sites shall make the records available for inspection at the site when given 72 hours of prior notice.
ATCP 93.500(9)(b)3. 3. The approved plans and specifications and approval letter shall be kept on site and available to the authorized agent or the department during all phases of installation. After installation is completed, the approved plans and specifications and approval letter shall be made available to the authorized agent or the department upon request.
ATCP 93.500(9)(b)4. 4. Records may be kept electronically, provided they are in a format acceptable to the department.
ATCP 93.500(9)(c) (c) Maintenance of records. Records shall be maintained for the following periods from the date of the most recent test, inspection or upgrade:
ATCP 93.500(9)(c)1. 1. Monthly leak detection monitoring — 1 year.
ATCP 93.500(9)(c)2. 2. Annual precision tightness testing — 1 year.
ATCP 93.500(9)(c)3. 3. Periodic precision tightness testing in association with inventory control — until the next test is conducted.
ATCP 93.500(9)(c)4. 4. Impressed current corrosion protection system, 60-day inspection — the previous 3 inspections.
ATCP 93.500(9)(c)5. 5. Corrosion protection system, annual test — the previous 3 tests.
ATCP 93.500(9)(c)6. 6. Internal inspection associated with underground tank lining — 10 years.
ATCP 93.500(9)(c)7. 7. Annual performance verification of leak detection equipment and flow restrictor — 2 years.
ATCP 93.500(9)(c)8. 8. Results of functional testing of impact and emergency shut-off valves and electrical continuity testing for dispensers — 2 years.
ATCP 93.500(9)(c)9. 9. The owner's manual provided by the leak detection equipment manufacturer — until the leak detection system is replaced or no longer used.
ATCP 93.500(9)(c)10. 10. Any tank or pipe system modification or repair — the life of the system.
ATCP 93.500 Note Note: Lifetime maintenance of upgrading records is required by 40 CFR 281.32 (e).
ATCP 93.500(9)(c)11. 11. Inspection records — 3 years or the interval between required inspections, whichever is longer.
ATCP 93.500(9)(c)12. 12. Tank-system site assessments and other environmental assessments, such as assessments for property transactions — 3 years after completion of any permanent closure, upgrade, repair or change in service. These records shall be maintained at one of the following locations:
ATCP 93.500(9)(c)12.a. a. With the owner or operator who took the UST system out of service.
ATCP 93.500(9)(c)12.b. b. With the current operator of the UST system site.
ATCP 93.500(9)(c)12.c. c. With the department if records cannot be maintained at the closed facility.
ATCP 93.500(9)(c)13. 13. Leak detection alarm investigation — 2 years.
ATCP 93.500(9)(c)14. 14. Product inventory verification in accordance with s. ATCP 93.503, inventory control in accordance with s. ATCP 93.515 (2), or statistical inventory reconciliation in accordance with s. ATCP 93.515 (6) — 10 years.
ATCP 93.500(9)(c)15. 15. One set of stamped, approved plans and specifications and a copy of the approval letter — the life of the system.
ATCP 93.500 Note Note: All leak detection records should be retained permanently. The documentation could be helpful to exclude the site as a possible source of contamination at a later date.
ATCP 93.500 Note Note: Section ATCP 93.870 has recordkeeping requirements for operator training, for USTs that are required to have a permit to operate from the department.
ATCP 93.500 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (1) (b) 3., 4., (5) (a) 2. a., (f) 2., 3., (6) (b) 2. a. and (9) (c) 14. Register July 2009 No. 643, eff. 8-1-09; correction in (2) (intro.), (3) (b), (c) 1., (6) (a) 1. b., 2., (b) 2. b., (c) 3., 4., (7) (d), (e), (9) (a) 2. a., 6., 7., (c) 14. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (2) (intro.), (3) (b), (c) 1., (6) (a) 2., (b) 2. b., (c) 3., 4., (7) (d), (e), (9) (a) 2. a., 6., 7., (c) 14. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.503 ATCP 93.503Product inventory verification at retail facilities.
ATCP 93.503(1)(1) This section applies to any tank system from which products are offered for retail sale to the public that are subject to the requirements of ch. ATCP 94.
ATCP 93.503 Note Note: Inventory verification can be particularly effective during regulatory investigations of consumer complaints about the quality of purchased fuels.
ATCP 93.503 Note Note: The inventory verification specified in this section is not required to conform to the inventory control specifications in API 1621.
ATCP 93.503(2) (2) To verify and maintain the integrity and quantity of delivered products, product inventory verification shall be conducted monthly for the life of the tank system, and reconciled on a monthly basis, in the following manner:
ATCP 93.503(2)(a) (a) Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank are recorded each operating day.
ATCP 93.503(2)(b) (b) The equipment used is capable of measuring the level of product over the full range of the tank's height, to the nearest one-eighth of an inch.
ATCP 93.503(2)(c) (c) The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery. Where tanks are interconnected by a manifold, reconciliation may address all of the interconnected tanks as a group rather than as individual tanks.
ATCP 93.503(2)(d) (d) Product dispensing is metered and recorded in accordance with applicable requirements in ch. ATCP 92 for meter calibration, or an accuracy of 6 cubic inches for every 5 gallons of product withdrawn.
ATCP 93.503(2)(e) (e) The measurement of any water level in the bottom of the tank is made to the nearest one-eighth of an inch at least once a month.
ATCP 93.503(3) (3) The reconciliation under sub. (2) shall be used to determine whether either of the following are indicated:
ATCP 93.503(3)(a) (a) A leak detection method has failed, as addressed in s. ATCP 93.570 (4).
ATCP 93.503(3)(b) (b) Unauthorized product mixing has occurred, as addressed in ch. ATCP 94.
ATCP 93.503 Note Note: Where inventory control is used as the leak detection method, under section ATCP 93.515 (2), the measurements and procedures followed there will satisfy the requirements for inventory verification in this section.
ATCP 93.503 Note Note: Where statistical inventory reconciliation (SIR) is used as the leak detection method, under section ATCP 93.515 (6), the same data may be used for the SIR and the inventory verification in this section, provided the requirements of the SIR vendor and this section are both met, including the monthly reconciliation in this section.
ATCP 93.503 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 09-017: am. (1), (2) (intro.) and (c) Register July 2009 No. 643, eff. 8-1-09; correction in (1), (3) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1), (3) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.505 ATCP 93.505Spill and overfill prevention.
ATCP 93.505(1) (1)General.
ATCP 93.505(1)(a)(a) Prior to delivery, the operator of the fuel delivery equipment that is transferring the product shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank.
ATCP 93.505(1)(b) (b) The transfer operation shall be monitored constantly by the operator of the delivery equipment so as to prevent overfilling and spilling.
ATCP 93.505(2) (2)Equipment. All underground storage tank systems, whether new or existing, shall meet all of the following requirements:
ATCP 93.505(2)(a)1.1. A liquid-tight containment system with a minimum capacity of 5 gallons shall be provided on top of the tank where connections are made for product fill piping, except the 5-gallon minimum does not apply to containment that was installed before February 1, 2009.
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)(b) (b) Storage tank overfill prevention equipment shall be provided that complies with NFPA 30 section 21.7.1.5 and PEI RP100 chapter 7. Existing tank systems shall comply with this paragraph within 2 years after February 1, 2009.
ATCP 93.505 Note Note: NFPA 30 section 21.7.1.5 requires equipment that will (1) automatically shut off the flow into a tank when the tank is no more than 95 percent full; and (2) alert the transfer operator when the tank is no more than 90 percent full, by restricting the flow into the tank or triggering a high-level alarm. 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 shut-off valve closes.
ATCP 93.505(3) (3)Maintenance. All new and existing spill and overfill protection shall be maintained to perform as originally intended.
ATCP 93.505 Note Note: Under section 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 sections ATCP 93.575 to 93.585.
ATCP 93.505 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (2) (a) 2. Register July 2009 No. 643, eff. 8-1-09.
ATCP 93.510 ATCP 93.510Leak 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, such 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(2) (2)Annual calibration 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:
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)(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) Annual monitoring equipment certification shall be made on the department's underground tank system prevention and detection functionality verification form (ERS-10778) and shall be maintained onsite in accordance with s. ATCP 93.500 (9) (a).
ATCP 93.510 Note Note: Form ERS-10778, Underground Tank System Prevention and Detection Functionality Verification, 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.
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.
ATCP 93.510(3)(a)2. 2. Tanks 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 section section 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 for 2 consecutive months, a precision tightness test shall be performed within 10 business days in accordance with s. ATCP 93.515 (4), and if a tank 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(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 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 conducted 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.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.