Section 41. ATCP 93.050 (64) and (117) (Note) are amended to read:
ATCP 93.050 (64) "Liquid" means any material that has both a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM D 5 D5 at standard conditions of temperature and pressure, and a vapor pressure of 40 pounds per square inch absolute (psia) or lower at 100oF as determined by ASTM D 323 D323 or 4953. For materials outside the scope of the ASTM D 5 D5 test, liquid means any material that both starts to melt at temperatures less than 100°F and has a vapor pressure of 40 psia or lower at 100°F.
(117) (Note)
Section 42. ATCP 93.100 (1) (a) 4. (Note), 7. and (Note), and (3) (a) 5. d. (Note) are amended to read:
ATCP 93.100 (1) (a) 4. (Note)
7. Converting a full-service motor fuel dispensing facility or a self-service motor fuel dispensing facility to the use of a point-of-sale dispensing system or device. A certified installer is not required to perform the conversion to a point-of-sale dispensing system. The installer shall fill out the department's point-of-sale fueling installation form (ERS-6294 POS TR-WM-130) and shall provide the form to the authorized agent or the department, for inspection of the system.
(3) (a) 5. d. (Note)
Note: Forms ERS-9 TR-WM-126 — Flammable/Combustible Flammable/Combustible/Hazardous Liquid Tanks Installation Application, ERS-6294 POS TR-WM-130 — Point-of-Sale Fueling Installation Notification, ERS-9 LD TR-WM-133 — Storage Tank Leak Detection Installation or Upgrade Application /Notification, ERS-9 Alternative Fuels TR-WM-132 — Storage Tank Alternative Fuel Installation/Conversion Application, and ERS-10764 TR-WM-124 — Farm & Construction AST Installation Notification Farm and Construction Aboveground Storage Tank Installation Notification, 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 http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx. ATCP 93.100 Note Section 43. ATCP 93.115 (2) (b) 2. a. and (Note), 4. a. and b. are amended to read:
ATCP 93.115 (2) (b) 2. a. At a pre-construction meeting. For installations involving underground tanks or piping, the department's pre-construction installation form (ERS-6294 PCM TR-WM-131) shall be filled out by the certified installer, and a copy shall be provided to the certified tank system inspector at the end of the meeting. Where an LPO has jurisdiction, the LPO shall send a copy of the form to the department.
4. a. Before a shop-built tank system is placed into operation, including back into operation after undergoing a modification or upgrade that is required to have plan approval or registration, the authorized agent or the department shall inspect the installation, and shall record the results by completing and signing the installation checklist, form ERS-9658 TR-WM-120, or ERS-6294 UST TR-WM-138, as received from the installer, under s. ATCP 93.400 (5) (f) or 93.500 (6) (e). b. The original of the installation checklist, form ERS-9658 TR-WM-120, or ERS-6294 UST TR-WM-138, shall be completed and submitted to the department. A copy of the checklist shall be furnished to the owner, and a copy shall be retained by the authorized agent if there is one.
Section 44. ATCP 93.130 (4) (c) (Note) is amended to read:
ATCP 93.130 (4) (c) (Note)
Section 45. ATCP 93.140 (2) (b) and (Note), (3) (a) and (Note), (c) 1., (d) and 2., 3. and 4. are amended to read:
ATCP 93.140 (2) (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 ERS-7437 TR-WM-137, ERS-8731 TR-WM-118 or ERS-10861 E, as provided by the department, within 15 business days of the change.
ATCP 93.140 (2) (b) (Note)
(3) (a) General. A storage tank registration form, form ERS-7437 TR-WM-137 or ERS-8731 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).
(c) 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 ERS-9658 TR-WM-120, or ERS-6294 UST 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). (d) Exceptions. In the following circumstances, the specified documents shall be submitted instead of form ERS-9658 TR-WM-120 or ERS-6294 UST TR-WM138:
(d) 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 (ERS-6294 POS TR-WM-130) completed under s. ATCP 93.100 (3) (a) 5. b. 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 (ERS-9 LD TR-WM-132) completed under s. ATCP 93.100 (3) (a) 5. c. 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 ERS-9 Alternative Fuels TR-WM-132, as completed by the tank owner under s. ATCP 93.100 (3) (a) 5. d. Section 46. ATCP 93.150 (2) (e) (Note) is amended to read:
ATCP 93.150 (2) (e) (Note)
Section 47. ATCP 93.1605 (table footnote) is amended to read:
ATCP 93.1605 (table footnote)
* If the Department is conducting plan review in the absence of an assigned local program operator, the appropriate Table 93.1605 fees must be
submitted, along with the groundwater fee in sub. (2). Further information on where local program operators perform reviews is available at the
Section 48. ATCP 93.350 (2) (b) is amended to read:
ATCP 93.350 (2) (b) Notification. The qualified engineer shall notify the department, on form ERS-9198 TR-WM-121, of an impending installation of a tank system under this section, unless this notice is provided under s. ATCP 93.115 (2) (b) 3. Section 49. ATCP 93.400 (5) (f) and (Note), (6) (c) and (Note), (8) (a) 1. b. and (Note), c., and d. are amended to read:
ATCP 93.400 (5) (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 ERS-9658 TR-WM-120.
(6) (c) If the tank is relocated to a property with a different street address, a revised tank registration, form ERS-8731 TR-WM-118 or ERS-10861 E, and part A of a tank-system service and closure assessment report, form ERS-8951 TR-WM-140, shall be completed and submitted to the department for the former location.
(8) (a) 1. b. All repairs or modifications under STI SP031 shall be recorded on the department's ERS-10873 TR-WM-134 form.
c. A copy of the completed ERS-10873 TR-WM-134 form shall be provided to the tank owner or operator.
d. The tank owner or operator shall have the completed ERS-10873 TR-WM-134 form on site and available for inspection within 30 days after receiving it from the party that performed the repair.
Section 50. ATCP 93.440 (3) (a) 2. c. (Note) is amended to read:
ATCP 93.440 (3) (a) 2. c. (Note)
Note: STI SP001 requires monthly and annual inspections, and requires maintaining records of these inspections. For almost all ASTs that have a capacity of 5000 gallons or less, these inspections are only required to be visual. For most tanks that have a capacity of more than 5,000 gallons, the requirements include, but are not limited to, having a certified inspection every 20 years, consisting of a visual exam and spot, ultrasonic examination, with no requirement for an integrity pressure test. STI SP001 includes optional checklists that may be used for the required recordkeeping record keeping. These checklists and a compendium that contains further guidance for these inspections 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 http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx. Section 51. ATCP 93.465 (1) (b) (Note) is amended to read:
ATCP 93.465 (1) (b) (Note)
Section 52. ATCP 93.515 (2) (d) 2. is amended to read:
ATCP 93.515 (2) (d) 2. Incomplete or inconsistent data entry reflected during any 2 months of data entry out of the most recent 3 months of inventory control recordkeeping record keeping.
Section 53. ATCP 93.520 (1) (d) 4. and (Note), and (e) 3. b. (Note) are amended to read:
ATCP 93.520 (1) (d) 4. The results of the inspections, evaluations and testing under this paragraph shall be summarized on the department's form ERS-10785 TR-WM-141, and retained at the site in accordance with s. ATCP 93.500 (9). (e) 3. b. (Note)
Section 54. ATCP 93.530 (2) (f) 4. and (Note) is amended to read:
ATCP 93.530 (2) (f) 4. A revised tank registration, form ERS-7437 TR-WM-137.
Section 55. ATCP 93.535 (7) is amended to read:
ATCP 93.535 (7) The person performing the inspection shall provide a report to the owner and to the 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: