ATCP 93.230 Note Note: Section 93.08 of the Statutes reads as follows:
ATCP 93.230 Note In performing their duties or in enforcing the laws entrusted to their administration, the department and its authorized agents may do all of the following:
ATCP 93.230 Note (1) Enter, within reasonable hours, any field, orchard, garden, packing ground, building, freight or express office, warehouse, car, vessel, vehicle, room, cellar, storehouse, cold storage plant, packing house, stockyard, railroad yard or any other place of business, which it may be necessary or desirable for them to enter.
ATCP 93.230 Note (2) Open any box, carton, parcel, package or other receptacle, inspect the contents thereof, and, upon payment or tender of the market value, take samples of any product or material contained therein.
ATCP 93.230 Note (3) Inspect products and materials and collect and test samples of them.
ATCP 93.230(3) (3)Releases.
ATCP 93.230(3)(a)(a) Owners and operators and contractors performing work under this chapter may not allow releases to occur from tank systems or dispensing systems, or from spilling or overfilling.
ATCP 93.230(3)(b) (b) Fuel-delivery persons may not allow releases to result from any overfilling or spilling that occurs during their delivery procedure.
ATCP 93.230 Note Note: For further information on industry practices for preventing or detecting releases with aboveground storage systems, and for protecting groundwater, surface water and soil in the event of a liquid release, see API Publication 340 — Liquid Release Prevention and Detection Measures for Aboveground Storage Facilities.
ATCP 93.230(4) (4)MSDS. Facilities shall have available a material safety data sheet for each stored product regulated by this chapter.
ATCP 93.230 Note Note: The flash point as noted in the MSDS will be used to resolve any disputes of the flammability or combustibility classification for the respective liquid product.
ATCP 93.230(5) (5)Units of measure. Units of measurement shall be traditional U.S. measures.
ATCP 93.230 Note Note: An important unit of measure used by this chapter is the U.S. gallon. It is equivalent to 4 U.S. quarts or 3.79 liters.
ATCP 93.230(6) (6)Degreasing and cleaning.
ATCP 93.230(6)(a)(a) A Class I liquid may not be used for degreasing or cleaning any engine, machine, part or equipment, or for cleaning any part of a building or premises, except as provided under par. (b).
ATCP 93.230(6)(b) (b) Industrial processes that use Class I liquids for degreasing or cleaning shall incorporate a ventilation system to reduce and maintain vapor concentration to less than 25 percent of the lower explosive limit.
ATCP 93.230(7) (7)System compatibility. Tank system components and containment systems shall be compatible with the substance stored in the tank system.
ATCP 93.230(8) (8)Fire extinguisher maintenance. All portable fire extinguishers shall be maintained in accordance with NFPA 10.
ATCP 93.230(9) (9)Property maintenance. All surface area within a 20-foot radius of a storage tank or dispenser shall be maintained free of combustible material and debris, except as allowed for public-access motor vehicle fueling operations in s. ATCP 93.620.
ATCP 93.230(10) (10)System maintenance.
ATCP 93.230(10)(a)(a) All system equipment and components shall be maintained to function to the manufacturer's original specifications and shall be maintained to be leak-free.
ATCP 93.230(10)(b)1.1. At least monthly, except as provided in subd. 2., sumps and secondary containment systems for tanks, piping and dispensers shall be inspected, and any liquids and debris contained then shall be removed.
ATCP 93.230(10)(b)2. 2. Sumps with a non-discriminating electronic sensor that detects liquid in the sump shall be inspected at least semiannually unless more frequent inspection is required by RP500 or RP900.
ATCP 93.230(10)(c) (c) Deficiencies in product lines or structural or transition components that allow for liquid leaks or water intrusion shall be repaired or corrected.
ATCP 93.230(10)(d) (d) Leak detection, fill and overfill prevention equipment shall be maintained in a functional condition.
ATCP 93.230(10)(e) (e) Fire and leak prevention and detection equipment installed, but not required by the department's rules, shall be maintained functional or be removed.
ATCP 93.230 Note Note: Section ATCP 93.115 (3) (a) 7. allows the authorized agent or the Department or fire department to shut down the tank system until any breach in the tank system is repaired or otherwise corrected.
ATCP 93.230(11) (11)Damage to underground components.
ATCP 93.230(11)(a)(a) When damage has occurred to underground pressurized tank system components or to underground vent and remote fill lines, the affected portion of the tank system shall be removed from service, and the following actions shall be taken before that portion of the system is put back into service, except as provided in par. (b):
ATCP 93.230(11)(a)1. 1. Perform third-party precision tightness testing of the portion of the tank system where damage occurred, in accordance with s. ATCP 93.515 (4) (a) 1.
ATCP 93.230(11)(a)2. 2. Isolate system components through the use of pressure-retaining components.
ATCP 93.230(11)(a)3. 3. Perform functional operational tests of existing monitoring equipment.
ATCP 93.230(11)(a)4. 4. Perform any additional monitoring, processes, or procedures needed to verify system integrity.
ATCP 93.230(11)(a)5. 5. Comply with the tank-system site assessment and response requirements in ss. ATCP 93.575 to 93.585 if a release is suspected.
ATCP 93.230(11)(b) (b) The actions in par. (a) 1. to 4. are not required where the damage is limited to dispenser system components that are isolated from the rest of the dispenser or tank system through the use of pressure-retaining components.
ATCP 93.230 Note Note: These are minimum requirements for the restart of a damaged system, dependent on the situation at the incident site. Additional safety or environmental protection actions or repairs may be needed by the owner or operator.
ATCP 93.230(12) (12)Product color coding for fill pipe caps and manhole covers.
ATCP 93.230(12)(a)(a) General.
ATCP 93.230(12)(a)1.1. All fill pipe caps and manhole covers for underground fuel tanks at distribution terminals, bulk plants and motor fuel dispensing facilities shall be identified by the standard color and symbol coding in API 1637.
ATCP 93.230(12)(a)2. 2. Products containing extenders such as ethanol shall be designated by the addition of a black border around white symbols and a white border around other colored symbols.
ATCP 93.230 Note Note: Extenders or oxygenates are added to gasoline and typically comprise a maximum of 10 percent of the fuel by volume.
ATCP 93.230(12)(a)3. 3. Vapor-recovery connections and manholes shall be marked with orange circles.
ATCP 93.230(12)(a)4.a.a. Observation and monitoring wells shall be marked with a black triangle on a white background.
ATCP 93.230(12)(a)4.b. b. The well shall be provided with a durable label warning against the introduction of petroleum products into the well.
ATCP 93.230(12)(b) (b) Location of identification.
ATCP 93.230(12)(b)1.1. The color coding required in par. (a) shall be applied to the fill pipe cap and manhole cover or within the spill containment.
ATCP 93.230(12)(b)2. 2. At all facilities with more than one tank, the color coding applied to the fill cap or manhole cover shall extend at least 12 inches beyond the edge of the cap or cover onto adjacent concrete or pavement.
ATCP 93.230 Note Note: See section ATCP 93.340 for additional information on product identification at bulk plants and terminals.
ATCP 93.230(13) (13) Deactivation of vapor recovery. When deactivating a stage II vapor-recovery system or a portion thereof, the deactivated pipe shall be removed, or be capped or plugged at the dispenser. If the pipe is removed, the connection to the tank shall be capped or plugged.
ATCP 93.230 Note Note: Each connection of a tank to deactivated, unremoved vapor-recovery pipe should be capped or plugged at the tank, if readily accessible, to minimize the potential for water intrusion from the pipe.
ATCP 93.230 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (9), (11) (a) 1., 5. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (9), (11) (a) 1., 5. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.240 ATCP 93.240Certifications and enforcement.
ATCP 93.240(1)(1)Certifications. Persons and firms providing or supervising any of the following services shall be credentialed by the department in accordance with ch. SPS 305:
ATCP 93.240(1)(a) (a) Tank-system site assessment as referenced in s. ATCP 93.465 for aboveground tanks and s. ATCP 93.580 for underground tanks.
ATCP 93.240(1)(b) (b) Underground tank system lining under ss. ATCP 93.530 and 93.535.
ATCP 93.240(1)(c) (c) The cleaning and removal of underground storage tanks and stationary shop-built aboveground storage tanks.
ATCP 93.240(1)(d) (d) Storage tank system precision tightness testing using equipment that is not permanently installed on the tank system.
ATCP 93.240 Note Note: All methods of precision tightness testing are required to be approved by the department in accordance with section ATCP 93.130
ATCP 93.240(1)(e) (e) Corrosion protection services as required in s. ATCP 93.520.
ATCP 93.240(1)(f) (f) Installation of underground storage tanks and shop-built aboveground storage tanks, except this requirement does not apply to any of the following tanks:
ATCP 93.240(1)(f)1. 1. Aboveground heating oil tanks at 1- or 2-family dwellings.
ATCP 93.240(1)(f)2. 2. Tanks or piping that are installed or constructed under the direct supervision of a registered professional engineer.
ATCP 93.240 Note Note: “Under the direct supervision of a registered professional engineer" means the registered professional engineer must be on the site during, and responsible for, the key installation and test activities described in section SPS 305.84 (5) or 305.85 (5).
ATCP 93.240(2) (2)Enforcement actions.
ATCP 93.240(2)(a)(a) The department may take actions to ensure compliance with the provisions of this chapter, including revoking or suspending credentials.
ATCP 93.240 Note Note: Section 168.23 (3) of the Statutes, reads in part
ATCP 93.240 Note Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
ATCP 93.240 Note Note: See chapter SPS 305 for revocation and suspension criteria.
ATCP 93.240 Note Note: Sections SPS 305.83, 305.88 and 305.89 prohibit a person from engaging in tank-system site assessment, tank system tightness testing, or cathodic protection specialties if the person or the person's employer has a personal or financial interest in the facility.
ATCP 93.240(2)(b) (b) The department may require attendance at a specified education class.
ATCP 93.240(2)(c) (c) The department may commence civil action or administrative action under the provisions of ss. 168.25 and 168.26, Stats.
ATCP 93.240 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1) (intro.), (a), (b), (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (a), (b), (e), (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.250 ATCP 93.250Tank construction and marking.
ATCP 93.250(1)(1)Multi-compartment tanks. Each compartment of a multi-compartment tank shall be considered a separate tank, even if the same substance is stored in 2 or more of the compartments.
ATCP 93.250(2) (2)Construction. Tanks containing flammable or combustible liquids shall be constructed to one of the recognized design standards in NFPA 30 section 21.4.2, or to another standard or design approved by the department, except this requirement does not apply to any of the following tanks:
ATCP 93.250(2)(a) (a) Tanks that contain liquids which are also hazardous substances.
ATCP 93.250 Note Note: Section ATCP 93.350 requires hazardous substance tanks to be designed and constructed under the supervision of a qualified engineer.
ATCP 93.250(2)(b) (b) Tank wagons, farm tanks and tank vehicles used in accordance with the requirements in ss. ATCP 93.610 and 93.630, for fuel dispensing from aboveground tanks and at farms and construction projects.
ATCP 93.250 Note Note: Design standards recognized by NFPA 30 section 21.4.2 include API 12B, API 12D, API 12F, API 650, UL 58, UL 80, UL 142, UL 1316, UL 1746, UL 2080 and UL 2085. Another standard approved by the department is SU 2258 from Underwriters Laboratories Inc.
ATCP 93.250 Note Note: Tank wagons have construction requirements in section ATCP 93.610 (1). Farm tanks are required to meet the construction specifications in NFPA 30A section 13.2.3. Tank vehicles are required to meet the construction specifications in NFPA 385 chapters 2 and 3. Movable tanks covered under the dispensing requirements in section ATCP 93.610 (2) are not exempted from this requirement.
ATCP 93.250(2)(c) (c) Tanks which are custom built for a specific purpose and which are supported by a statement acceptable to the department, from a qualified engineer, as defined in s. ATCP 93.350 (2) (d), except the competency of the engineer shall relate to the purpose for the custom-built tank.
ATCP 93.250(2)(d) (d) Aboveground used-oil tanks at a scrap recycling or auto recycling facility that are exempted from these requirements under s. ATCP 93.300 (9).
ATCP 93.250(3) (3)Marking. Newly manufactured or constructed tanks shall have at least all of the following information permanently marked on the exterior of the tank by the manufacturer or the party responsible for tank construction:
ATCP 93.250(3)(a) (a) The name of the manufacturer or the party responsible for tank construction.
ATCP 93.250(3)(b) (b) The year of manufacture or construction.
ATCP 93.250(3)(c) (c) The standard under which the tank is manufactured or constructed.
ATCP 93.250(3)(d) (d) The minimum rate of any required emergency venting.
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.