Wisconsin Legislature: ATCP 93.400(1)(d)

(a) Aboveground storage tanks.

1. Aboveground storage tanks shall comply with ss. ATCP 93.440 to 93.470, except as provided in subd. 2.

2. Periodic inspections of aboveground tanks may be conducted in accordance with any nationally recognized standard that is more applicable to hazardous tanks than STI SP001.

3. Existing and new aboveground fiberglass storage tanks shall have certified external tank inspections and certified tank integrity inspections in accordance with HIR FTV RP 2007.

Note: Aboveground storage tanks which store hazardous substances and which have a capacity of less than 5,000 gallons are exempt from this chapter unless the substance is also flammable or combustible.

Note: Sections ATCP 93.440 to 93.470 address inspections; seldom-used and temporarily out of service tanks; change in service to store a non-regulated substance; tank closures; tank-system site assessment; and confirming and responding to leaks, spills, overfills and releases.

Note: The department accepts use of the following standard for performing periodic inspections under this subdivision: HIR FTV RP 2007, In-Service Inspection of Aboveground Atmospheric Fiberglass Reinforced Plastic Tanks and Vessels, as published by HIR Technical Services. This standard is available by contacting FTPI at http://www.storagetanks.info/FTVRP2007.html.

(b) Underground storage tanks. Underground storage tanks shall comply with ss. ATCP 93.545 to 93.585.

Note: Sections ATCP 93.545 to 93.585 address seldom-used and temporarily out of service tanks; change in service to store a non-regulated substance; tank system closures; conditions indicating releases; tank system integrity assessments; tank system site assessments; and responding to leaks, spills, overfills and releases.

(13) Security at chemical storage facilities. Owners and operators shall be aware of regulations, standards and operating practices that relate to facility security.

Note: Information on how to develop a comprehensive site security program is available in the API document Security Guidelines for the Petroleum Industry, or the American Chemistry Council document, Site Security Guidelines for the U.S. Chemical Industry.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) (b) 5., (4) (b) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.360 Storage of Class IA flammable liquids.

(1) All storage, whether new or existing, of Class IA flammable liquids with a Reid vapor pressure not exceeding 25.3 psig (40 psia) and a boiling point of less than 100o F shall comply with the applicable requirements of NFPA 30 and this chapter, except as provided in sub. (2).

(2) Design standards for new tank systems do not apply to existing tank systems unless specified otherwise.

Note: See ch. SPS 341 for additional requirements that may apply to flammable liquid storage in pressure vessels at pressures greater than 15 psig.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.370 Emergency shutoff for transfers.

(1) An emergency electrical shutoff shall be installed in accordance with NFPA 30A section 6.7 on any new or existing system that provides for the transfer of product from a fixed storage tank system to a tank vehicle rail tank car or vehicle fuel tank.

(2) The emergency electrical shutoff shall be tested annually. Annual testing for UST systems shall be documented on the functionality verification form, TR-WM-139.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

Subchapter IV — General AST Storage

Note: The requirements in this subchapter are general requirements. Under s. ATCP 93.020 (7) (b), wherever subchapter III prescribes a specific or more detailed requirement regarding the same subject, that subchapter III requirement governs instead of the requirement in this subchapter.

ATCP 93.400 General requirements.

(1) Aboveground tank design.

(a) General. Tanks designed and built for underground use may not be used aboveground.

(b) Tanks for Class I, II, or IIIA liquids. Tanks used for aboveground storage of Class I, II, or IIIA liquids shall comply with the tank construction and marking requirements in s. ATCP 93.250.

(c) Tanks for Class IIIB liquids. Tanks which have a capacity of 1,100 gallons or more and which are used for aboveground storage of Class IIIB liquids shall be listed or shall be acceptable to the department.

Note: See s. ATCP 93.130 (5) for listing and labeling requirements for aboveground tanks.

(d) Tank foundations. Tank foundations shall be designed to prevent uneven settling of the tank. Tank supports shall be placed on a prepared, flat, smooth, and solid surface.

(2) Corrosion protection.

(a) General. Aboveground storage tank systems shall be protected from excessive external corrosion through the use of paint, protective coatings, or corrosion resistant materials that are applied after the surface has been prepared in accordance with the manufacturer’s recommendations.

(b) Tank systems. Any portion of an aboveground tank system that is in contact with the ground shall be protected from corrosion by one of the following methods:

1. The tank system is constructed of an inherently corrosion-resistant material.

2. The tank system is isolated from the ground by a method acceptable to the department.

Note: Methods of isolation acceptable to the department include dielectric coating, placement on clean concrete, placement on an elevated ring wall, or mounting on listed saddles.

3. The tank system is protected by a sacrificial anode or impressed current system.

a. Single- or double-wall tanks which are constructed of material subject to corrosion and which are supported on runners or tank supports shall be constructed such that the bottom of the tank shell is at least 3 inches but no more than 12 inches above grade, as measured from the lowest point of the tank shell, except the 12-inch maximum does not apply where subd. 4. b. is met.

b. The 12-inch maximum in subd. 4. a. may be exceeded where structural fire resistance is provided that complies with NFPA 30 section 22.5.2.4.

(c) Underground piping. All new and existing underground piping connected to an aboveground tank shall be protected from corrosion using one of the methods in s. ATCP 93.520 (1).

(d) Designed corrosion protection systems.

1. Aboveground tank systems equipped with a new sacrificial anode or impressed current corrosion protection system shall follow the installation, operation, maintenance and testing requirements in s. ATCP 93.520.

2. Existing sacrificial anode or impressed current corrosion protection systems shall follow the operation, maintenance and testing requirements in s. ATCP 93.520.

(3) Secondary containment for piping.

(a) When any underground piping is installed as part of a new tank system or when 50 percent or more of a run is replaced, the piping shall be provided with approved secondary containment with approved non-discriminating interstitial monitoring, except as specified in par. (g).

(b)

1. The material used for fabricating both the primary and secondary containment shall be listed in accordance with a standard that assures liquid- and vapor-tightness.

2. Secondary containment sumps shall be fabricated and installed in a manner that prevents release of liquids. These sumps shall be tested for leaks hydrostatically at installation, in accordance with the manufacturer’s instructions and the adopted standard PEI RP 1200.

(c) All pipe connections at a dispenser for motor vehicle fueling that are installed or replaced on or after February 1, 2009, shall be placed within a secondary containment sump at the time of installation or replacement, except as exempted in par. (e).

(d) All pipe connections at a dispenser for motor vehicle fueling that were in existence or under construction before February 1, 2009, shall be placed within a secondary containment sump by January 1, 2021, except as exempted in par. (e).

(e) A secondary containment sump is not required under the pipe connections at a dispenser if the storage tank system meets all of the following conditions:

1. All piping is aboveground and readily accessible for inspection.

2. The dispenser and all the pipe connections at the dispenser are on or above a surface that is at least as impermeable as concrete.

(f) All pipe connections at a transition between aboveground and underground piping that are installed or replaced on or after February 1, 2009, shall be placed within a secondary containment sump at the time of installation or replacement.

(g) Secondary containment is not required for underground piping that is evaluated and maintained in accordance with API 570, by organizations that maintain or use an authorized inspection agency, a repair organization, and technically qualified piping engineers, inspectors and examiners, all as defined in API 570.

(h)

1. Secondary containment sumps provided under this subsection shall have non-discriminating electronic sensors that will detect liquids in the sump, unless approved otherwise by the department.

2. Piping that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection may not pass through the bottom of the sump.

3. All electrical conduit and wiring that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection for dispensers shall pass over the top of the sump wall rather than through the wall or bottom of the sump.

Note: This subsection recognizes dispenser pans, spray-on liners, brushed-on liners, formed-in-place containment products, and other effective secondary containment practices that are currently in use.

(4) Leak detection for piping.

(a) All new and existing underground piping connected to an aboveground tank shall be provided with approved leak detection in accordance with s. ATCP 93.510 (4), except as specified in par. (c).

(b) Leak detection in accordance with par. (a) shall be installed immediately at the time of new installation or replacement of pipe.

(c)

1. Piping over 4 inches in diameter shall follow the plan and system requirements and deadlines in s. ATCP 93.517, except as specified in subd. 2. Leak detection for piping of 4 inches in diameter or less may be provided as specified in subd. 2. only if approved in writing by the department.

2. Leak detection for piping may consist of evaluations that are performed in accordance with API 570, by organizations that maintain or use an authorized inspection agency, a repair organization, and technically qualified piping engineers, inspectors and examiners, all as defined in API 570.

(5) Installation.

(a)

1. The installation of shop-built tanks and associated piping shall be performed or supervised by a certified installer under s. ATCP 93.240 (16).

2. A certified installer shall verify that the installation of the electrical components for a tank system does not conflict with this chapter, except this verification is not required for the electrical criteria in ch. SPS 316.

(b)

1. All installation shall be in accordance with the manufacturer’s instructions, the applicable national standards adopted in s. ATCP 93.200, and plans and specifications approved under s. ATCP 93.100 and this chapter.

2. All tank and pipe systems that are installed on or after November 1, 2019, including replacement systems, shall undergo all of the following before the tank and pipe systems are placed into service:

a. Pressure testing that shall assure that the tank, pipe, and all connections are tight in accordance with PEI RP200 sections 6.6 and 9.6 and chapter 14.

b. Pre-operational testing and inspection in accordance with PEI RP200 chapter 14.

(c) Single wall horizontal-cylindrical and rectangular aboveground storage tanks shall be installed to allow full visual inspection of the outer tank shell, except for any portion of the shell that is in contact with a support for it.

(d) The foundations for all types of tanks shall be designed to minimize the possibility of uneven settling and to minimize corrosion in any part of the tank resting on the foundation.

(e) Tank supports shall be placed on a prepared, flat, compacted surface.

(em) Vent piping shall meet the requirements of NFPA 30 Subchapter 27.8 except the termination height of normal vent piping for Class II and Class III liquids shall be a minimum of 4 feet above the ordinary snow line.

(f) Upon completion of any installation of new or replacement shop-built tanks or piping, or any modification or upgrade thereto that requires plan approval or registration, the certified installer shall provide the authorized agent or the department with a completed tank installation checklist, form TR-WM-120.

Note: Form TR-WM-120 - Checklist for Aboveground Storage Tank Installation 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/PetroleumHazStorageTanksForms.aspx.

(6) Moving shop-built tanks. Aboveground shop-built tanks that are moved from one location to another shall meet all of the following requirements, except for tanks covered in s. ATCP 93.610:

(a) The tank shall meet all the plan review, installation, and registration requirements in this chapter for the new location.

(b) If the tank contained Class I liquids, it shall be rendered free of flammable vapors before the move and maintained vapor-free until placed into service at the new location.

(c) If the tank is relocated to a property with a different street address, a revised tank registration, form TR-WM-118 or TR-WM-153, and part A of a tank system service and closure assessment report, form TR-WM-140, shall be completed and submitted to the department for the former location.

Note: Form TR-WM-118 — Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration; form TR-WM-140 — Tank System Service and Closure Assessment Report; and form TR-WM-153 — 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. Forms TR-WM-118 and TR-WM-140 are also available from the Bureau’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx.

(cm) If the tank is relocated on the same property, part A of a tank system service and closure assessment report, form TR-WM-140, shall be completed and submitted to the department for the former location.

(d) The tank shall undergo pre-operational testing and inspection in accordance with PEI RP200 chapter 14.