Chapter ATCP 93

ATCP 93.535(9) (9) The person performing the inspection shall provide a report to the owner, authorized agent, and the department within 15 days of completing the inspection that describes all of the following items in addition to those required in API 1631:

ATCP 93.535(9)(a) (a) The type of repairs that have been made.

ATCP 93.535(9)(b) (b) The total dimension of the area in square inches that has been repaired by lining.

ATCP 93.535(9)(c) (c) A schematic drawing of the tank showing the area of repairs.

ATCP 93.535(10) (10) Before placing any tank back into service under this section, both of the following shall occur in the following order:

ATCP 93.535(10)(a) (a) An access way for an inspector to enter the tank shall be installed from the tank interior to finished grade, if not already provided.

ATCP 93.535(10)(b) (b) A precision tightness test shall be performed on the tank system in accordance with s. ATCP 93.515 (4). In addition, tightness test shall be performed on the ullage portion of the tank in accordance with s. ATCP 93.515 (10).

ATCP 93.535 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (4) (intro.) made under s. 35.17, Stats., and correction in (5) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register October 2019 No. 766.

ATCP 93.545 ATCP 93.545 Seldom-used and temporarily out of service tank systems.

ATCP 93.545(1) (1) Operational requirements. When a storage tank system is placed temporarily out of service, the owner or operator shall comply with all of the following:

ATCP 93.545(1)(a) (a) Notify the department of the registration change in accordance with s. ATCP 93.140 (2) (d).

ATCP 93.545(1)(b) (b) Maintain tank permits in accordance with s. ATCP 93.145.

ATCP 93.545(1)(c) (c) Maintain financial responsibility in accordance with subch. VII.

ATCP 93.545(1)(d) (d) Operation and maintenance of corrosion protection shall be continued.

ATCP 93.545(1)(e) (e)

ATCP 93.545(1)(e)1. 1. The tank, piping, dispensing equipment, lines, pumps, manways, and other ancillary equipment shall be secured to prevent tampering, except as exempted in subd. 2.

ATCP 93.545(1)(e)2. 2. Facilities that are in operation and secured against general public access are not required to have the additional security required in subd. 1. All vent lines shall be left open and functioning.

ATCP 93.545(1)(f) (f) All inspections, maintenance, and periodic testing shall be performed as if the tank were still in service.

ATCP 93.545(1)(g) (g) Requirements for tanks with product:

ATCP 93.545(1)(g)1. 1. Product must be removed from tanks if they have been in TOS status for 12 months.

ATCP 93.545(1)(g)2. 2. Product must be tested and meet ASTM standards prior to bringing the tank back into service.

ATCP 93.545(1)(g)3. 3. Leak detection shall be maintained in accordance with this chapter.

ATCP 93.545(1)(h) (h) Requirements for tanks without product:

ATCP 93.545(1)(h)1. 1. The tank system is empty when all liquid has been removed from the tank and the associated piping so that no more than one inch of residue remains in the system.

ATCP 93.545(1)(h)2. 2. The tank shall be protected against flotation caused by flooding or soil saturation.

ATCP 93.545(1)(j) (j) Single-walled tanks or piping installed more than 30 years ago shall be placed back into service within one year or be permanently closed per s. ATCP 93.560.

ATCP 93.545(2) (2) Placing a tank back into service.

ATCP 93.545(2)(a) (a) Notify the department of the registration change in accordance with s. ATCP 93.140 (2) (d).

ATCP 93.545(2)(b) (b) A precision tightness test shall be performed on the tank and piping in accordance with s. ATCP 93.515 (4) (a) 1. before placing the tank system back into service.

ATCP 93.545(2)(c) (c) Tank systems out of service for more than 365 days shall pass a tightness test of the ullage portion in accordance with s. ATCP 93.515 (10) to assure that tank connections are liquid- and vapor-tight.

ATCP 93.545(2)(d) (d) The tank system shall fully comply with this chapter before being placed back into service, except double-wall construction is not newly required for underground tank systems installed before February 1, 2009.

ATCP 93.545(2)(e) (e) Tank systems covered in par. (a) shall immediately have the leak detection system verified in accordance with s. ATCP 93.510 (2).

ATCP 93.545(2)(f) (f) Tanks covered in par. (b) shall have all the respective components documented as functional on form TR-WM-139 and on forms TR-WM-123 and TR-WM-125, if applicable, before being placed back in service.

ATCP 93.545(2)(g) (g) Product stored in tank during the TOS period shall be tested and meet ch. ATCP 94 standards prior to being sold.

ATCP 93.545 Note Note: Form TR-WM-123, Electronic/Mechanical Line Leak Detector Annual Functionality, form TR-WM-125, Line Test Report, and form TR-WM-139, Underground Tank System Functionality Verification, are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx. See s. ATCP 93.165 for use of alternate forms approved by the department.

ATCP 93.545(3) (3) Non-complying tank systems. Tank systems that do not comply with this section or in-use tank system requirements are abandoned tanks and shall be closed in accordance with s. ATCP 93.560 within 60 calendar days of non-compliance.

ATCP 93.545 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) (c), (g) 1. made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.550 ATCP 93.550 Change in service to store a non-regulated or a regulated substance.

ATCP 93.550(1) (1) When a tank system that held a regulated substance undergoes a change in service to store a non-regulated substance, the owner or operator shall comply with all of the following requirements:

ATCP 93.550(1)(a) (a) At least 5 business days before beginning a change in service, the owner or operator shall notify the authorized agent or the department of the intended change.

ATCP 93.550(1)(b) (b) Before a change in service, the owner or operator shall have the tank emptied and cleaned, by removing all liquid and accumulated sludge in accordance with the procedures specified in API 2015.

ATCP 93.550(1)(c) (c) A tank system integrity assessment, and, if necessary, a tank system site assessment shall be performed for the tank system in accordance with ss. ATCP 93.575 to 93.585 after notifying the authorized agent or the department but before completing the change in service.

ATCP 93.550(1)(d) (d) Cleaning of tanks and tank system site assessments shall be performed by persons certified in accordance with s. ATCP 93.240 (14) to (21).

ATCP 93.550(1)(e) (e) The owner shall have a revised tank registration, form TR-WM-137, and part A of the department’s tank system service and closure assessment report, form TR-WM-140, completed and submitted to the department within 21 business days of changing a tank system to storage of a non-regulated substance.

ATCP 93.550 Note Note: Form TR-WM-137 - Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-140 – 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 [phone], or from the Bureau’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

ATCP 93.550(1)(f) (f) The change in service shall occur within 60 days after in-use or temporarily out of service status is terminated.

ATCP 93.550(2) (2) When a tank system that held a non-regulated substance undergoes a change in service to store a regulated substance, all applicable requirements of this chapter apply upon placing the tank system into service. These requirements include precision tightness testing for the liquid-containing portion and tightness testing for the ullage portion.

ATCP 93.550 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) (d) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.560 ATCP 93.560 Tank system closure.

ATCP 93.560(1) (1) Notification.

ATCP 93.560(1)(a) (a) At least 5 business days before beginning permanent closure of a tank system, the owner or operator or designee shall notify the authorized agent or the department of the intended closure on form TR-WM-121, except a shorter notification period is permitted where unexpected closure is commenced upon finding adverse conditions during a corrective action conducted under s. ATCP 93.585.

ATCP 93.560(1)(b) (b) Any date or time changes to the original submitted notification form, TR-WM-121, shall be requested at least one business day prior to the original date or time. The new date or time must be later than the original date or time.

ATCP 93.560 Note Note: Form TR-WM-121 – ATCP 93 Notification Record is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

ATCP 93.560(2) (2) Closure procedures.

ATCP 93.560(2)(a) (a) To permanently close an underground tank system, the owner or operator shall have the tank and piping emptied and cleaned, by removing all liquids and accumulated sludge, and shall remove the tank and piping from the site unless allowed otherwise under par. (e). Tanks that are removed shall be scrapped unless reused in accordance with s. ATCP 93.350 (3) (i) or 93.500 (3) (c).

ATCP 93.560(2)(am) (am) Tank basin and piping trench excavation shall be left open until inspector approves backfilling and tank and piping must remain onsite until inspector approves removal.

ATCP 93.560(2)(b) (b) Tank cleaning processes shall comply with the appropriate national standard referenced in s. ATCP 93.200.

ATCP 93.560 Note Note: For guidance in complying with the tank-cleaning requirements in API standard 2015, as listed on line 17 of Table 93.200-2, API publishes RP 2016, Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks, which is available from API at the address listed in the table.

ATCP 93.560(2)(c) (c) Individuals cleaning tanks or removing tank systems or portions of tank systems shall be certified in accordance with s. ATCP 93.240 (14) to (21).

ATCP 93.560(2)(d) (d) When an underground tank system is closed, or when a previously closed tank system is removed under sub. (4), the owner shall have a revised tank registration, form TR-WM-137, and part A of the department’s tank-system service and closure assessment report, form TR-WM-140, completed and submitted to the department within 21 business days of closure or removal.

ATCP 93.560 Note Note: Form TR-WM-137 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-140 – 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 [phone], or from the Bureau’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

ATCP 93.560(2)(e) (e) Underground tanks systems may be closed in-place by filling with an inert, solid material, after emptying and cleaning, if the department determines, upon written request from the owner or operator, that one or more of the following conditions exist:

ATCP 93.560(2)(e)1. 1. Excavation would impact the structural integrity of an adjacent building or structure.

ATCP 93.560(2)(e)2. 2. Overhead utilities at a commercial site pose a safety hazard.

ATCP 93.560(2)(e)3. 3. Excavation would impact adjacent transformers or substations.

ATCP 93.560(2)(e)4. 4. Unauthorized encroachment would occur onto neighboring property under different ownership.

ATCP 93.560(2)(e)5. 5. The tank location is inaccessible to necessary equipment.

ATCP 93.560(2)(e)6. 6. Excavation would result in the destruction of mature trees.

ATCP 93.560(2)(e)7. 7. Excavation would encroach upon a public way.

ATCP 93.560(2)(e)8. 8. Excavation would necessitate the permanent disconnection or relocation of underground utilities.

ATCP 93.560 Note Note: Closing a tank in-place does not exempt the tank from tank-system site assessment requirements.

ATCP 93.560(2)(f) (f) The department’s Tank System Service and Closure Assessment Report form, TR-WM-140, shall be filled out by the certified remover and provided to the certified tank system inspector at the closure inspection.

ATCP 93.560(3) (3) Tank-system site assessment. A tank-system site assessment shall be performed in accordance with ss. ATCP 93.575 to 93.585 after notifying the authorized agent or the department but before closing a tank system in place, installing a new system, or backfilling the tank basin and the piping trenches.

ATCP 93.560 Note Note: The department and the department of natural resources share jurisdiction over tank closures and tank-system site assessments. The DNR must be notified if a release is discovered.

ATCP 93.560(4) (4) Applicability to previously closed systems.

ATCP 93.560(4)(a) (a) General. When directed by the department, the owner or operator of any tank system closed in-place before December 22, 1988, shall have the system removed in accordance with this section and have the tank basin assessed in conformance with s. ATCP 93.580.

ATCP 93.560(4)(b) (b) Systems previously closed without solid, inert fill. The owner or operator of any tank system that was closed before October 1, 1971, without removing the tank from the site but by filling the tank with water, shall bring the closed system into compliance with sub. (2) within a time period established by the department on a case-by-case basis, except that the tank-system site assessment in s. ATCP 93.580 is not required unless there is a suspected or obvious release. Written documentation shall be provided to prove closure with water before September 1, 1971.

ATCP 93.560 Note Note: Before September 1, 1971, ch. Ind 8 — Flammable and Combustible Liquids Code allowed UST systems to be filled with water when closed or abandoned in-place.

ATCP 93.560(4)(c) (c) Other tank systems. Empty or improperly closed or abandoned tank systems that do not meet the requirements of sub. (2) or the exemption under par. (b) shall be permanently closed in accordance with all of the provisions of this section.

ATCP 93.560 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (c), (e) (intro.) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.565 ATCP 93.565 Abandoned tank system closure.

ATCP 93.565(1) (1) General. Tank systems that are abandoned with or without product shall be closed within 60 days of non-compliance with s. ATCP 93.545 or in-use tank system requirements.

ATCP 93.565(2) (2) Exceptions. Abandoned tank systems that are less than 30 years old or of double-wall construction may be returned to service if they all of the following conditions:

ATCP 93.565(2)(a) (a) Apply for permits to operate in accordance with s. ATCP 93.145.

ATCP 93.565(2)(b) (b)

ATCP 93.565(2)(b)1. 1. The integrity of a fiberglass tank shall be assessed and certified by the manufacturer or a qualified professional engineer. The assessment shall include an internal inspection and certification that the tank is suitable for continued service.

ATCP 93.565(2)(b)2. 2. The integrity assessment of a steel tank shall be performed in accordance with API 1631.

ATCP 93.565(2)(b)2.a. a. Tanks that have an overall average tank metal thickness or an average tank thickness of a designated thin wall area of less than 75 percent or any through-wall perforations shall be immediately closed per s. ATCP 93.560.

ATCP 93.565(2)(b)2.b. b. Tanks that have an overall average tank metal thickness or an average tank thickness of a designated thin wall area of 75 percent to 85 percent shall have an impressed current system installed per s. ATCP 93.520 or be immediately closed per s. ATCP 93.560.