SPS 310.050(114)(L)1.1. "Process tank" or "flow-through process tank" means a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process and the tank is utilized to carry out or control the heating, cooling, mixing, blending, separating, metering, or chemical action of materials. The processing is done on a regular basis and it is the primary function of the tank.
SPS 310.050(114)(L)2.
2. "Process tank" or "flow-through process tank" does not include a tank that is used for the storage of materials before their introduction into the production process or for the storage of finished products or by-products from the production process, or a tank that is only used to recirculate materials. A process tank would be considered a storage tank if the vessel is used as storage for a period exceeding 96 hours after the processing ends.
SPS 310.050 Note
Note: Process tanks are outside the scope of this chapter.
SPS 310.050(114)(m)
(m) "Product recovery tank" means a tank that forms an integral part of a
ch. SPS 310 regulated substance spill control system for a storage, processing or transfer area. The purpose of the tank is spill recovery and temporary containment. A product recovery tank does not include a tank that is used for the storage of materials or by-products from a flow-through reclamation process. A product recovery tank will be considered a storage tank if the vessel is used as storage for a period exceeding 96 hours after the control of a release or spill.
SPS 310.050 Note
Note: Product recovery tanks are outside the scope of this chapter.
SPS 310.050(114)(n)
(n) "Residential tank" means a tank located on the same property as a 1- or 2-family dwelling or a residential building that falls within the scope of
chs. SPS 361 to
366 and used only by the residents of the property or for the maintenance of the property.
SPS 310.050(114)(o)
(o) "Service tank" means a tank that is used for a limited period of time during the servicing of liquid-bearing equipment, to temporarily hold liquids during the servicing, cleaning or relocation of the equipment.
SPS 310.050 Note
Note: Service tanks are outside the scope of this chapter. Service tanks include the defueling and refueling tanks that are used in commercial aviation environments. These tanks are used for removal of fuel from an aircraft to facilitate other maintenance for the aircraft, and for return of that fuel to the aircraft immediately thereafter. They are typically not moved from one site to another, and are operated by employees of an aviation service company under aviation service protocols and monitored situations.
SPS 310.050(114)(p)
(p) "Stationary tank" or "fixed tank" means a storage vessel intended for stationary installation and not intended for relocation, loading, unloading, or attachment to a transport vehicle, as part of its normal operation in the process of use.
SPS 310.050(114)(q)
(q) "Storage tank" means a liquid-tight vessel that is intended for fixed or stationary use or a tank that is used for fuel dispensing under subch.
VI, but is not used for any of the excepted purposes in
s. SPS 310.020 (6). This term includes a vessel which has a liquid capacity of 110 gallons or more and which is assembled and used with an engine as a single unit of equipment.
SPS 310.050(114)(r)
(r) "Work-top tank" means an aboveground steel rectangular tank for combined use as a working surface and a storage tank for Class IIIB liquids.
SPS 310.050(115)
(115) "Tank system" includes the primary tank and pipe, integral
secondary containment, integral supports, leak detection, overfill prevention, spill containment, anti-siphon devices, and the necessary core components that allow the tank system to function as intended and in accordance with the installation requirements. Tank system configurations include on-shore underground storage tanks, on-shore aboveground storage tanks, and storage tanks over water that are integral with a stationary pier, floating vessel or floating structure for the purpose of storage or vehicle fueling.
SPS 310.050 Note
Note: In a typical fueling island, the dispensing system, as defined in section
SPS 310.050 (41), begins immediately downstream of the emergency shut-off valve, and all components upstream of that point, including the shut-off valve, are part of the tank system.
SPS 310.050(116)
(116) "Tank-system integrity assessment" or "TSIA" means the process by which the department seeks to determine if the integrity of a tank system or any component thereof has been compromised. This process includes precision tightness testing, inventory reconciliation, visual inspection of system components, and calibration checks of dispensers and automatic tank gauges.
SPS 310.050 Note
Note: In general, TSIAs are to be performed if there are indications that the integrity of a system has been compromised.
SPS 310.050(117)
(117) "Tank-system site assessment" or "TSSA" means the process by which the department expects tank-system owners or operators to determine if a tank system or any component of that system has released petroleum products or other hazardous substances into the soil, groundwater or surface waters. This process includes all of the following:
SPS 310.050(117)(a)
(a) Observation of field conditions, such as stained soils; odors; pitting, holes or cracks in tank system components; observable leaks; and elevated in-field soil-gas readings.
SPS 310.050(117)(b)
(b) Collection of soil samples for laboratory analysis of petroleum products or other hazardous substances, as prescribed in the department's Assessment and Reporting of Suspected and Obvious Releases From Underground and Aboveground Storage Tank Systems.
SPS 310.050(117)(c)
(c) Reporting of the field observations and sampling results in a format prescribed by the department.
SPS 310.050 Note
Note: In general, TSSAs are to be performed at the time a storage tank system, or some component thereof, is to be permanently closed, upgraded or repaired, or if a change in service is to take place.
SPS 310.050(118)
(118) "Tank vehicle" means a tank truck or trailer system designed and constructed to comply with NFPA 385.
SPS 310.050 Note
Note: NFPA 385 recognizes 3 types of tank vehicles: (1) a tank truck in which the cargo tank is supported entirely on the truck chassis, (2) a tank semi-trailer in which the cargo tank is supported by both the truck chassis and trailer chassis, and (3) a tank full-trailer in which the cargo tank is supported entirely on the trailer chassis.
SPS 310.050(119)
(119) "Tank wagon" means a tank that is affixed to a trailer system with at least 1 axle, is constructed in accordance with
s. SPS 310.610 (1), has a liquid capacity of 1,100 gallons or less, and is used for storing and dispensing liquid motor vehicle fuel for equipment used on the site, or is used for storing other liquids regulated under this chapter. A tank wagon is not constructed to comply with NFPA 385.
SPS 310.050 Note
Note: Since a tank wagon is not designed and constructed under NFPA 385 criteria, it must be towed empty on the road for transport and placement in accordance with s.
SPS 310.610 (1).
SPS 310.050(120)
(120) "Temporarily-out-of-service" means a storage tank system that is not being used, but is intended to be placed back into operation within the next annual registration period.
SPS 310.050 Note
Note: Temporarily-out-of-service does not apply to stationary tanks that are of seasonal use, such as heating fuel storage tanks.
SPS 310.050(121)
(121) "Transfer area" means the area where product is transferred, commonly referred to as loading or unloading, between a storage tank and a transport vehicle. Transfer areas are located at terminals, as well as at end-user and intermediate vendors in the product distribution stream. The transfer area may involve loading racks, pipe stands, or direct hose-to-valve connections, and accommodate top or bottom transfer.
SPS 310.050(122)(a)(a) "Underground storage tank system" or "UST" means any one or combination of tanks, including connected pipes, that is used to contain an accumulation of regulated substances, and the volume of which, including the volume of connected underground pipes, is 10 percent or more beneath the surface of the ground.
SPS 310.050(122)(b)
(b) "Underground storage tank system" or "UST" does not include any of the following or pipes connected to any of the following:
SPS 310.050(122)(b)3.
3. A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.
SPS 310.050(122)(b)4.
4. A storage tank situated in an underground area, such as a basement, cellar, mine shaft or tunnel, if the storage tank is situated upon or above the surface of the floor and not surrounded by earth.
SPS 310.050(122)(b)5.
5. A pipeline facility, including gathering lines, regulated under any of the following:
SPS 310.050(122)(b)5.c.
c. An intrastate pipeline facility regulated under state laws comparable to the provisions of the law referred to in this section.
SPS 310.050(123)
(123) "Upgrade" means the addition to or retrofit of some part of a storage tank system, such as cathodic protection, leak detection, lining, or spill and overfill controls, to improve the ability of a storage tank system to prevent the release of product.
SPS 310.050(124)
(124) "Used oil" or "waste oil" means any oil refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities; and means used cooking oils that are used as fuel for purposes such as space heating or fueling motor vehicles.
SPS 310.050 Note
Note: See chapter NR 679 and section
287.15 of the Statutes for other definitions of used oil and waste oil, and for requirements relating to those definitions, such as criteria for transporting or recycling these liquids.
SPS 310.050(125)
(125) "Vehicle collision protection" means a structure or mechanism to protect a tank or system component from vehicle impact.
SPS 310.050(126)
(126) "Vehicle fueling" means the process of adding motor fuel to the engine fuel supply tank for motor driven vehicles, including aircraft, watercraft, on- or off-road vehicles and vehicles on rails.
SPS 310.050 Note
Note: For definitions of terms associated with petroleum storage facilities or petroleum equipment, not provided in this list of definitions, refer to the Petroleum Equipment Lexicon.
SPS 310.050 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09;
CR 09-017: am. (15) and (114) (k), cr. (51m) and (114) (p), renum. (114) (p) and (q) to be (114) (q) and (r)
Register July 2009 No. 643, eff. 8-1-09; correction in (18), (19), (20), (21) (a), (b), (22), (23), (24), (25), (37), (101), (114) (i) 3., (m), (n), (q), (119) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672.
SPS 310.100(1)(a)(a) Plan review and written approval from the
authorized agent or the department shall be obtained before any of the following activities are performed on storage tank systems used to store a regulated substance, except where exempted under
par. (b):
SPS 310.100(1)(a)1.
1. Commencing any construction of new or additional tank or piping installation.
SPS 310.100(1)(a)2.
2. Changing the operation of a tank system from storage of a non-regulated substance to a regulated substance.
SPS 310.100(1)(a)4.
4. Adding leak detection or modifying leak detection as specified in
s. SPS 310.110 (3) (e) when performed in conjunction with other changes that require plan review. A certified installer is not required to perform the modification of leak detection.
SPS 310.100 Note
Note: Under subsection (3) (a) 5. c., the Department's leak detection installation form (ERS-9 LD) must be filled out and submitted anytime leak detection equipment is added or modified, whether or not plan review is required. This form is available from the Division of Environmental and Regulatory Services at P.O. Box 7837, Madison, WI, 53707-7837, or at telephone (608) 266-7874, or from the Division's Web site at
http://dsps.wi.gov/er/ER-BST-FM-SPS310Forms.html.
SPS 310.100(1)(a)7.
7. Converting a full-service motor fuel dispensing facility or a self-service motor fuel dispensing facility to the use of a point-of-sale dispensing system or device. A certified installer is not required to perform the conversion to a point-of-sale dispensing system. The installer shall fill out the department's point-of-sale fueling installation form (ERS-6294 POS) and shall provide the form to the authorized agent or the department, for inspection of the system.
SPS 310.100 Note
Note: Form ERS-6294 POS is available from the Division of Environmental and Regulatory Services at P.O. Box 7837, Madison, WI, 53707-7837, or at telephone (608) 266-7874, or from the Division's Web site at
http://dsps.wi.gov/er/ER-BST-FM-SPS310Forms.html.
SPS 310.100(1)(a)8.a.a. Converting from the storage and dispensing of flammable or combustible liquids containing 10 percent or less ethanol by volume to liquids containing more than 10 percent ethanol by volume.
SPS 310.100(1)(a)8.b.
b. Converting from the storage and dispensing of flammable or combustible liquids containing 5 percent or less biodiesel fuel by volume to liquids containing more than 5 percent biodiesel fuel by volume.
SPS 310.100(1)(a)9.
9. Using a tank system to store a substance that poses a significant fire hazard or safety hazard to people or the environment due to material compatibility, equipment functionality or product characteristics, as determined by the authorized agent or the department, or fire department.
SPS 310.100(1)(a)10.
10. Adding or modifying any device or system component making an underground connection to a tank, product pipe or vent pipe.
SPS 310.100(1)(b)
(b) Plan review and approval is not required for any of the following:
SPS 310.100(1)(b)1.
1. Oil-burning installations for a 1- or 2-family dwelling which are located aboveground or in a basement, and which have a capacity of less than 1,100 gallons.
SPS 310.100(1)(b)2.
2. Integral fuel supply tanks of a motor vehicle, aircraft, watercraft, mobile power plant or mobile heating plant.
SPS 310.100(1)(b)3.
3. Aboveground tanks which have a capacity of less than 1,100 gallons and which store Class IIIB liquids other than used oil.
SPS 310.100(1)(b)4.
4. Reconfiguration of product piping that is located aboveground, from storage tanks supplying a regulated substance to a manufacturing, industrial or blending process.
SPS 310.100(1)(b)5.
5. Tank wagons, tank vehicles, or movable tanks, that are used for vehicle fueling operations under subch.
VI.
SPS 310.100(1)(b)6.
6. Aboveground tank systems that store hazardous liquids which are not also flammable or combustible liquids, if the construction is supervised by a qualified engineer.
SPS 310.100 Note
Note: See section
SPS 310.140 for registration requirements for tanks that store federally regulated hazardous substances. Section
SPS 310.350 requires aboveground hazardous substance tank systems to be designed by a qualified engineer.
SPS 310.100(1)(b)9.
9. Aboveground tanks which are used at a farm premises or construction project in accordance with
s. SPS 310.630, and which meet all of the following conditions:
SPS 310.100 Note
Note: See section
SPS 310.630 (3) for administrative requirements for ASTs located at farms and construction projects.
SPS 310.100(1)(b)10.
10. Fuel supply tanks which are used for a mobile power plant or mobile heating plant and which meet all of the following requirements:
SPS 310.100(1)(b)11.
11. Where the department determines that the review of a specific application, modification or contractor activity would not meet the regulatory oversight objective for technical plan review and approval.
SPS 310.100(2)
(2) Plans, specifications and information. Plans, specifications and information submitted to the authorized agent or the department for review and approval shall contain all of the following:
SPS 310.100(2)(a)
(a) At least 5 sets of plans and specifications, that are clear, legible and permanent copies, along with fees and a completed installation application.
