ATCP 93.130(3)(a)(a) General.
ATCP 93.130(3)(a)1.1. Application for approval shall be made on the department's material approval application form (ERS-8028A) and shall include sufficient test results or other evidence from an independent third party to prove that the material, equipment, concept, technology or device meets the requirements or the intent of this chapter.
ATCP 93.130(3)(a)2. 2. Application for approval shall include information on inspection, testing and maintenance of the product.
ATCP 93.130(3)(a)3. 3. Upon receipt of a completed application, the fee specified in ch. SPS 302, and all information and documentation needed to complete the review, the department shall review and make a determination on the application within 60 business days.
ATCP 93.130(3)(b) (b) Leak detection methods.
ATCP 93.130(3)(b)1.1. The application for approval of leak detection methods specified in sub. (1) (a) shall include certification from an independent third party that the method has been evaluated in accordance with the applicable US EPA standard test procedure for evaluating the method.
ATCP 93.130 Note Note: US EPA test protocols require precision tightness testing for tanks to be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product when the tank is 95 percent full, with a probability of detection of 0.95 and probability of false alarm of 0.05. Precision tightness testing for piping must be capable of detecting a 0.1 gallon per hour leak rate with a probability of detection of 0.95 and a probability of false alarm of 0.05. Automatic tank gauges and all methods of monthly monitoring must be capable of detecting a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product with a probability of detection of 0.95 and probability of false alarm of 0.05.
ATCP 93.130(3)(b)2. 2. The test methods shall be capable of detecting the minimum leak rate with the required probability of detection and false alarm, while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the height of the water table.
ATCP 93.130(3)(b)3. 3. Manufacturers of leak detection methods shall specify what threshold leak rate is used with their test methods to indicate a leak.
ATCP 93.130 Note Note: Section ATCP 93.515 (5) (b) requires automatic tank gauges to be provided with a printer that prints out the measured leak rate, and to state whether that leak rate indicates an actual leak in the system.
ATCP 93.130(3)(c) (c) Flexible non-metallic piping. The application for approval of flexible non-metallic piping shall include certification from an independent third party that the material has been evaluated in accordance with UL 971 — Nonmetallic Underground Piping for Flammable Liquids or an equivalent standard.
ATCP 93.130(3)(d) (d) Synthetic flexible dike liners.
ATCP 93.130(3)(d)1.1. The application for approval of synthetic flexible dike liners shall include certification from an independent third party that the material has been evaluated according to a protocol acceptable to the department, along with information on product compatibility, construction methods and specifications, field installation, seam testing procedures, bedding specifications and any required soil cover.
ATCP 93.130(3)(d)2. 2. For flexible dike liners that are not required to have a soil cover, information and test results shall be submitted to assess the fire hazard of the exposed liner material.
ATCP 93.130 Note Note: NFPA 701 (Test Method 2) is an example of an appropriate fire test.
ATCP 93.130(3)(e) (e) Marine-craft tank vehicles. Marine-craft tank vehicles shall be evaluated on an individual basis considering the proposed area of operation.
ATCP 93.130(4) (4)Expiration of approval.
ATCP 93.130(4)(a)(a) Approvals issued under this section are valid for a period of 3 years, with an expiration date of December 31 of the third full year after initial approval, except as provided in par. (b).
ATCP 93.130(4)(b) (b) Approvals designated as experimental are issued for a maximum term of 12 months.
ATCP 93.130(4)(c) (c) Approvals may be terminated at any time the department considers them to be in noncompliance with the assumptions on which the approval was based or with the conditions of approval.
ATCP 93.130 Note Note: Form TR-WM-127— Wisconsin Material Approval Application is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942, or at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.130(5) (5)Products requiring listing and labeling. The following products or materials shall be listed and labeled to show compliance with a standard recognized by the department, that has been developed by a nationally recognized association or independent testing laboratory:
ATCP 93.130(5)(a) (a) Metallic flex connectors.
ATCP 93.130(5)(b) (b) Shop-built aboveground and underground storage tanks used for public access fueling of automobiles, trucks, watercraft, ATVs, snowmobiles or aircraft as specified in s. ATCP 93.620.
ATCP 93.130(5)(c) (c) Shop-built aboveground and underground storage tanks used for fueling fleet vehicles that are licensed for public highway use except for tank wagons, movable tanks, farm tanks and tank vehicles as defined in this chapter and used in accordance with s. ATCP 93.610 or 93.630.
ATCP 93.130(5)(d) (d) Work-top tanks.
ATCP 93.130(5)(e) (e) Any product or material required to be either listed or listed and labeled by a standard adopted in ss. ATCP 93.200 to 93.220.
ATCP 93.130 Note Note: Examples include required listings for dispensing devices for Class I and II liquids under NFPA 30A section 6.3.2; aboveground tanks under NFPA 30 section 25.3.1.4; and used-oil burners and the tanks that supply them, under NFPA 31 section 7.5.
ATCP 93.130 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (3) (a) 3., (5) (b), (c), (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (5) (b), (c), (e) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.140 ATCP 93.140Tank registration.
ATCP 93.140(1) (1)General. All new and existing storage tanks that are used to store a regulated substance shall be registered with the department, except this requirement does not apply to any of the following tanks:
ATCP 93.140(1)(a) (a) Aboveground tanks which have a capacity of less than 1,100 gallons and which have any of the following characteristics:
ATCP 93.140(1)(a)1. 1. Are farm tanks, or are located at and serve a construction project.
ATCP 93.140(1)(a)2. 2. Are used to store heating oil or used oil, for consumptive use on the premises.
ATCP 93.140(1)(a)3. 3. Are used to store Class IIIB liquids other than used oil.
ATCP 93.140 Note Note: There is no exemption for used oil unless it is consumed on the premises where stored. Therefore used-oil storage tanks that have a capacity of 110 gallons or more must be registered.
ATCP 93.140(1)(a)4. 4. Are located inside a building and are used for industrial processes, if that use occurs through piping which connects the tank to the process.
ATCP 93.140(1)(b) (b) Aboveground tanks which are used to store nonflammable or noncombustible federally regulated hazardous substances and which have a capacity of less than 5,000 gallons.
ATCP 93.140 Note Note: The list of federally regulated hazardous substances covered in this subchapter, also known as the CERCLA List, is located in 40 CFR 302.4, Table 302.4.
ATCP 93.140 Note Note: Registration is not required for aboveground or underground tanks that are used to store nonflammable and noncombustible federally regulated hazardous substances in concentrations of less than 1 percent by volume, because section ATCP 93.020 (6) (o) excludes those tanks from this chapter.
ATCP 93.140(1)(c) (c) Tank vehicles.
ATCP 93.140(1)(d) (d) Tank wagons, portable tanks and movable tanks, that are located on a property for less than 24 months.
ATCP 93.140(1)(e) (e) Tanks that are located at a US EPA superfund site.
ATCP 93.140 Note Note: Per Wisconsin Statutes, eligibility for Petroleum Environmental Cleanup Fund Act (PECFA) funds is conditioned upon prior tank registration.
ATCP 93.140(2) (2)Registration deadlines and responsible party.
ATCP 93.140(2)(a)(a) The owner of a newly-installed storage tank shall have the tank registered with the department in accordance with sub. (3) within 15 business days of completion of the installation.
ATCP 93.140 Note Note: See section ATCP 93.150 for the deadline and other procedures for notifying the Department of a change in ownership for a registered storage tank.
ATCP 93.140(2)(b) (b) An owner of a registered tank who changes their name or mailing address, or an owner of a registered tank at a facility that undergoes a name change, shall have the change registered with the department on form TR-WM-137, TR-WM-118 or ERS-10861 E, as provided by the department, within 15 business days of the change.
ATCP 93.140 Note Note: Form TR-WM-137— Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, form TR-WM-118– Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form ERS-10861 E — Change of Ownership, 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 (608) 224-4942 or at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.140(2)(c) (c) The owner of a registered tank system that undergoes any of the following changes or modifications shall have the change or modification registered with the department in accordance with sub. (3) (a) and (c) or (d) within 15 business days of completion of the change or modification:
ATCP 93.140(2)(c)1. 1. Change in service, where the subsequent service is storing a regulated substance.
ATCP 93.140(2)(c)2. 2. Addition of leak detection, spill or overfill control or corrosion protection for any part of the system; or upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer.
ATCP 93.140(2)(c)3. 3. Converting to point-of-sale fueling .
ATCP 93.140(2)(d) (d) The owner of a tank system that is undergoing any of the following changes shall have the change registered with the department in accordance with sub. (3) (a) within 15 business days of the change:
ATCP 93.140(2)(d)1. 1. Conversion to being either temporarily out of service or back into service.
ATCP 93.140(2)(d)2. 2. Disconnecting and discontinuing use of a stage II vapor-recovery system.
ATCP 93.140(2)(e) (e) The owner of land on which unregistered tanks are discovered, including any that are permanently closed, shall have the tanks registered with the department in accordance with sub. (3) (a) and (b) within 15 business days of discovery.
ATCP 93.140 Note Note: See section ATCP 93.400 (6) (c) for registration requirements that apply when an AST is relocated to a property with a different street address.
ATCP 93.140 Note Note: See section ATCP 93.450 or 93.550 (1) (e) for registration requirements that apply when an AST or UST, respectively, is changed from storing a regulated substance to storing a non-regulated substance.
ATCP 93.140 Note Note: See section ATCP 93.460 (4) or 93.560 (2) (d) for registration requirements that apply during permanent closure or removal of an AST or UST system, respectively.
ATCP 93.140 Note Note: See section 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-137 or TR-WM-118, 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-137 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-118 — Aboveground 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 (608) 224-4942, or 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 section ATCP 93.700 (1) for the types of tanks that must have financial responsibility. See section 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 and which is put into service on or after February 1, 2009, 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-132) 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 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; corrections in (3) (d) 2. to 4. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (3) (c) 1., 2., (d) 2., 3., 4. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (3) (c) 1., 2., (d) 2. to 4. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 16-012: am. (2) (b), (3) (a), (c) 1., (d) (intro.), 2., 3., 4. Register August 2016 No. 728, eff. 9-1-16.
ATCP 93.145 ATCP 93.145Tank 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(1)(d) (d) Tanks located at a US EPA superfund site.
ATCP 93.145(2) (2)Permit application timeline. The tank owner shall apply for 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, but before the tank is placed in to service.
ATCP 93.145(3) (3)Permit application procedure.
ATCP 93.145(3)(a)(a) The owner shall complete 1 permit application, form ERS-7658, 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.
ATCP 93.145(4)(b) (b) Upon review and acceptance of the required forms, information and fees specified in sub. (3), the department shall issue an underground storage tank operating permit for each storage tank.
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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.