ATCP 93.440 Note Note: Tanks that are not required by this paragraph to have periodic inspections may otherwise be required to have periodic inspections, by the federal Spill Prevention Control and Countermeasure regulations in 40 CFR 112.
ATCP 93.440 Note Note: Heating oil tanks and tanks at farms and construction projects are subject to the requirements in NFPA 31 or 30A, under sections ATCP 93.310 and 93.630, respectively.
ATCP 93.440(3)(b)1.1. The inspection schedule required in par. (a) shall be implemented as stated, for tanks put into service on or after February 1, 2009.
ATCP 93.440(3)(b)2. 2. The inspection schedule required in par. (a) shall be implemented within 4 years after February 1, 2009, for tanks put into service before February 1, 2009.
ATCP 93.440(3)(b)3. 3. The inspection schedule required in par. (a) shall be based on the tank's time in service.
ATCP 93.440(3)(b)4. 4. Monthly inspections may be omitted for seasonal-use tanks during periods when the tank does not contain a regulated substance.
ATCP 93.440(3)(c) (c) If product is found within a tank's interstitial space during an inspection under this subsection, delivery of product into the tank shall be immediately suspended, and either of the following actions shall be taken within 10 business days:
ATCP 93.440(3)(c)1. 1. A vacuum or pressure test shall be performed in accordance with the manufacturer's recommendations.
ATCP 93.440(3)(c)2. 2. The tank shall be closed in accordance with s. ATCP 93.460.
ATCP 93.440 Note Note: See subsection (5) for further requirements for corrective action.
ATCP 93.440(4) (4)Inspection of non-metallic aboveground storage tanks.
ATCP 93.440(4)(a)(a) The owner or operator of all non-metallic aboveground storage tanks — including concrete, tile-lined, fiber-reinforced plastic, and homogeneous plastic tanks — that have a capacity of 1,100 gallons or more shall have the tanks inspected in accordance with all of the following:
ATCP 93.440(4)(a)1. 1. `Monthly inspection.'
ATCP 93.440(4)(a)1.a.a. At least monthly there shall be a visual inspection of the tank exterior, pipe connections and secondary containment, for signs of leakage, physical damage, and environmentally induced degradation.
ATCP 93.440(4)(a)1.b. b. Any product or water present in the secondary containment shall be removed.
ATCP 93.440(4)(a)2. 2. `Annual inspection.'
ATCP 93.440(4)(a)2.a.a. At least annually there shall be a visual inspection of tank supports and foundation for signs of physical damage and chemical or environmentally induced degradation.
ATCP 93.440(4)(a)2.b. b. At least annually there shall be a test of the functionality of the tank venting system, if so equipped.
ATCP 93.440(4)(a)3. 3. `Qualifications for inspection.' The monthly and annual inspections shall be done by owners, contractors or operations personnel, who are knowledgeable of the facility operations, the tank construction and operation, and the characteristics of the product stored.
ATCP 93.440(4)(a)4. 4. `Every 5 years.' At least every 5 years there shall be an external and internal examination of tank and pipe connections for physical or chemical damage or environmentally induced degradation, conducted by personnel trained and experienced in examining the specific tank construction type.
ATCP 93.440(4)(b) (b) Inspection records shall be maintained at the site and available for review by the authorized agent or the department upon request.
ATCP 93.440(5) (5)Corrective action.
ATCP 93.440(5)(a)(a) If a suspected or obvious release is encountered during the inspections under this section, a tank-system site assessment shall be conducted in accordance with s. ATCP 93.465 before the tank is returned to service.
ATCP 93.440(5)(b) (b) All corrective actions, including repairs, that are indicated by the inspections under this section shall be completed before the tank system is returned to service.
ATCP 93.440(6) (6)Submittal of inspection records.
ATCP 93.440(6)(a)(a) For all tanks within a new or existing dike system that has walls or floor made of earth or masonry, all inspections required by API 653 or STI SP001 section 1.6 shall be documented as required or recommended by those standards. Each of these inspection records shall be submitted to the department no later than 1 month after the inspection, except as specified in par. (b).
ATCP 93.440(6)(b) (b) For all tanks within an existing dike system that has walls or floor made of earth or masonry, a record of the most recent inspection shall be submitted to the department no later than 6 months after February 1, 2009, and records of subsequent inspections shall be submitted to the department no later than 1 month after each inspection.
ATCP 93.440 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (2) (b), (e), (3) (c) 2., (5) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (2) (b), (e), (3) (c) 2., (5) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.445 ATCP 93.445Seldom-used and temporarily-out-of-service tanks.
ATCP 93.445(1)(1)Operational requirements. Owners or operators of aboveground seldom-used and temporarily-out-of-service tanks shall comply with the applicable requirements of s. ATCP 93.545 (1).
ATCP 93.445(2) (2)Placing a tank back into service.
ATCP 93.445(2)(a)(a) The respective API 653 or STI SP001 inspection cycle shall be current for a tank before it is placed back into service.
ATCP 93.445(2)(b) (b) All leak detection, overfill, vent and fire valve devices shall be verified as functional before being placed back into service.
ATCP 93.445(2)(c) (c) Tank systems out of service for more than 365 days shall have a pressure test of the ullage portion to assure that tank connections are tight before the tanks are placed back into service.
ATCP 93.445(3) (3)Non-complying tanks. Tanks that are placed out of service which do not comply with this section shall be permanently closed in accordance with s. ATCP 93.460 within 60 calendar days.
ATCP 93.445 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: r. and recr. Register July 2009 No. 643, eff. 8-1-09; correction in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.450 ATCP 93.450Change in service to store a non-regulated substance. Owners or operators of aboveground tanks shall comply with the change-in-service requirements of s. ATCP 93.550, except a revised registration for aboveground tanks, form ERS-8731, shall be completed and submitted.
ATCP 93.450 Note Note: Form ERS-8731 — Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration is available from the Division of Trade and Consumer Protection, PO Box 8911, Madison WI, 53708-8911, or at telephone (608) 224-4942, or from the Division's Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.450 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.460 ATCP 93.460Closure of aboveground tanks.
ATCP 93.460(1)(1)General. Owners or operators of aboveground tanks shall comply with the closure requirements of s. ATCP 93.560, except as provided in this section.
ATCP 93.460(2) (2)Certifications. Certified persons are not required to perform the following closure functions:
ATCP 93.460(2)(a) (a) Cleaning and removal of heating fuel tanks, at 1- and 2-family dwellings, that are located aboveground or in the basement.
ATCP 93.460(2)(b) (b) Cleaning and removal of field-erected tanks.
ATCP 93.460(2)(c) (c) Cleaning and removal of tanks storing a Class III liquid that is neither petroleum nor CERCLA-listed.
ATCP 93.460(3) (3)Markings.
ATCP 93.460(3)(a)(a) All aboveground tanks closed before, on or after February 1, 2009, and not immediately removed from the site shall have the word “CLOSED" and the date of permanent closure permanently marked on the exterior tank wall, at least 3 feet above grade, with lettering at least 3 inches in height.
ATCP 93.460(3)(b) (b) A certified tank system inspector may perform the marking specified in par. (a).
ATCP 93.460(4) (4)Forms. When an aboveground tank is closed, a revised tank registration, form ERS-8731, and part A of a tank -system service and closure assessment report, form ERS-8951, shall be completed and submitted to the department within 21 business days of closure.
ATCP 93.460 Note Note: Form ERS-8731, Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form ERS-8951, Tank System Service and Closure Assessment Report are 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 93.460 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; renumbering in (2) made under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.465 ATCP 93.465Tank-system site assessment.
ATCP 93.465(1)(1)General.
ATCP 93.465(1)(a)(a) Tank-system site assessments for aboveground tanks shall comply with this section and the assessment requirements in s. ATCP 93.580, except as provided in sub. (2).
ATCP 93.465(1)(b) (b) Tank-system site assessments for aboveground storage tank systems shall include assessment of any underground piping, the loading rack or transfer area, and the area under each tank; and shall be performed after notifying the authorized agent or the department but before completing any permanent closure.
ATCP 93.465 Note Note: For further information on sampling and reporting for these assessments, see the Department's Tank System Site Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious Releases from Underground and Aboveground Storage Tank Systems or at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.465(2) (2)Exceptions.
ATCP 93.465(2)(a)(a) Aboveground storage tanks or underground piping that have been placed in secondary containment complying with s. ATCP 93.420 (2) (d), (e) or (g) for their entire operational life, and loading rack or transfer areas that have been placed in secondary containment complying with s. ATCP 93.420 (5) for their entire operational life are exempt from tank-system site assessment requirements, unless there is a suspected or obvious release outside the secondary containment.
ATCP 93.465(2)(b) (b) Aboveground storage tanks that have a capacity of less than 5,000 gallons are exempt from tank-system site assessment requirements unless a suspected or obvious release is present.
ATCP 93.465(2)(c) (c) A tank-system site assessment is not required for closure of double-wall pipe when modification or upgrading is conducted on an existing system that will remain in operation, unless a suspected or obvious release is present.
ATCP 93.465 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1) (a), (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (a), (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.470 ATCP 93.470Responding to a leak, spill, overfill or release. Owners or operators, contractors and fuel-delivery persons for aboveground tanks shall comply with the requirements relating to the presence of a leak, spill, overfill or release, and the assessment of, and response to a leak or release, in ss. ATCP 93.570 to 93.585.
ATCP 93.470 Note Note: In section ATCP 93.585, releases are required to be reported to the Department of Natural Resources. Failure to notify the DNR of a release may have serious consequences — such as forfeitures under section 168.26 of the Statutes of $10 to $5000 for each violation. Each day of continued violation is a separate offense, and under section ATCP 93.180, each tank that is in violation is a separate offense.
ATCP 93.470 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction made under s. 13.92 4. (b) 7., Stats., Register October 2013 No. 694.
subch. V of ch. ATCP 93 Subchapter V — General UST Storage and Underground Piping
ATCP 93.500 ATCP 93.500General requirements.
ATCP 93.500(1) (1)Secondary containment.
ATCP 93.500(1)(a)(a) General. All new and replacement underground storage tanks and piping systems shall be provided with secondary containment and continuous electronic interstitial monitoring, except as provided in par. (b).
ATCP 93.500 Note Note: This section is coordinated with the federal Energy Policy Act of 2005, which addresses secondary containment for federally regulated tanks or piping installed within 1,000 feet of any community water system or any potable drinking water well, and which requires interstitial monitoring for any associated double-wall tanks or piping.
ATCP 93.500(1)(b) (b) Exceptions. This section does not apply to any of the following:
ATCP 93.500(1)(b)1. 1. Any farm or residential underground storage tank system which has a capacity of less than 1,100 gallons and which is used for storing motor fuel for noncommercial purposes.
ATCP 93.500(1)(b)2. 2. Any underground storage tank system which has a capacity of less than 4,000 gallons and which is used for storing heating oil for consumptive use on the premises where stored.
ATCP 93.500(1)(b)3. 3. Piping of safe suction systems, that is installed before August 1, 2009.
ATCP 93.500(1)(b)4. 4. A pipe manifold connecting 2 or more tanks, that is installed before August 1, 2009.
ATCP 93.500(1)(b)5. 5. Airport fuel hydrant systems.
ATCP 93.500(1)(c) (c) Motor fuel dispenser containment. All new motor fuel dispensing systems and all new dispensers added to an existing island or to an extension of existing pipe shall have under-dispenser containment.
ATCP 93.500(2) (2)Flexible connections. Flexible piping approved under s. ATCP 93.130 or listed metallic flex connectors shall be used in all of the following locations:
ATCP 93.500(2)(a) (a) At the top of the tank.
ATCP 93.500(2)(b) (b) Between the tank and the vent pipe.
ATCP 93.500(2)(c) (c) Below the dispenser.
ATCP 93.500(2)(d) (d) In fiberglass pipe, where there are sections less than 4 feet long between turns.
ATCP 93.500(3) (3)Underground tank design.
ATCP 93.500(3)(a)(a) General. Tanks designed and built for underground use may not be used aboveground.
ATCP 93.500(3)(b) (b) Tanks for Class I, II, IIIA or IIIB liquids. Tanks used for underground storage of Class I, II, IIIA or IIIB liquids shall be listed and shall comply with the construction and marking requirements in s. ATCP 93.250.
ATCP 93.500 Note Note: See section ATCP 93.130 (5) for listing and labeling requirements for underground tanks.
ATCP 93.500(3)(c) (c) Reuse of tanks. Tanks that are moved from one underground location to another shall meet all of the following requirements:
ATCP 93.500(3)(c)1. 1. The integrity of the tank shall be assessed and certified by the manufacturer, or a registered professional engineer, stating that the tank still meets the construction requirements in s. ATCP 93.250. The certification and a report of the assessment shall be included in the plan review documentation for the new installation.
ATCP 93.500(3)(c)2. 2. The integrity assessment required in subd. 1. shall occur after the tank has been removed.
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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.