(b) Aboveground storage tanks and intermediate bulk containers that have a capacity of less than 110 5,000 gallons.
Section 2. ATCP 93.050 (1) is amended to read:
(1)“Aboveground storage tank” or “AST” means any vessel that has a liquid capacity of 110 5,000 gallons or more, is intended for fixed installation, is not solely used for processing and does not meet the definition of an underground storage tank.
Section 3. ATCP 93.050 (59) is repealed.
Section 4. ATCP 93.050 (66) is amended to read:
(66) “Local program operator” or “LPO” means an a public entity, either public or private, under contract with the department to enforce the provisions of this chapter and provide tank system plan review and inspection services in a specific region of the state.
Section 5. ATCP 93.050 (114) (k) is amended to read:
(k) “Portable tank” means an aboveground closed vessel that has a liquid capacity of 110 5,000 gallons or more; is not otherwise defined in this chapter; is equipped with skids, mountings or accessories to facilitate handling of the tank by mechanical means; and is not intended for fixed installation or for highway vehicle fueling. “Portable tank” includes intermediate bulk containers.
Section 6. ATCP 93.100 (1) (b) 1., 3., 9., and 9. (Note) are repealed.
Section 7. ATCP 93.110 (1) (a) is amended to read:
(1) DEPARTMENT APPROVAL OF LPO. (a) With the approval of the chief elected municipal official, the municipality shall determine if a municipal department or other agent approved by the department will exercise jurisdiction over the provisions of this chapter as the local program operator.
Section 8. ATCP 93.140 (1) is amended to read:
(1) General. All new and existing storage tanks that are used to store a regulated substance shall be registered with the department, except this requirement does not apply to any of the following tanks:
(a) Aboveground tanks which have a capacity of less than 1,100 5,000 gallons. and which have any of the following characteristics:
1. Are farm tanks, or are located at and serve a construction project.
2. Are used to store heating oil or used oil, for consumptive use on the premises.
Note: Tanks that are not exempt from registration requirements under this paragraph include tanks which store heating oil as a backup fuel for natural gas-fired boilers.
3. Are used to store Class IIIB liquids other than used oil.
Note: There is no exemption for used oil unless it is consumed on the premises where stored. Therefore used-oil storage tanks that have a capacity of 110 gallons or more must be registered.
4. Are located inside a building and are used for industrial processes, if that use occurs through piping which connects the tank to the process.
(b) Aboveground tanks which are used to store nonflammable or noncombustible federally regulated hazardous substances and which have a capacity of less than 5,000 gallons.
Note: The list of federally regulated hazardous substances covered in this subchapter, also known as the CERCLA List, is located in 40 CFR 302.4, Table 302.4.
Note: Registration is not required for aboveground or underground tanks that are used to store nonflammable and noncombustible federally regulated hazardous substances in concentrations of less than 1 percent by volume, because s. ATCP 93.020 (6) (o) excludes those tanks from this chapter.
(c) Tank vehicles.
(d) Tank wagons, portable tanks, and movable tanks that are located on a property for less than 24 months.
(e) Tanks that are located at an EPA superfund site.
Note: Per Wisconsin statutes, eligibility for Petroleum Environmental Cleanup Fund Act (PECFA) funds is conditioned upon prior tank registration.
Section 9. Table ATCP 93.1605 is amended to read:
Table 93.1605
Plan Examination and Inspection Fees for Liquid Storage Tanks
Tank System Category
Plan Review Fee*
Installation Inspection Fee
Plan
Revision Fee
Reinspection Fee
Aggregate capacity of aboveground storage tanks equal to or less than 1,100 gallons installed on a farm premises with inspection in 5 days or less
$0
$75
$0
$0
Aggregate capacity of aboveground storage tanks equal to or less than 1,100 gallons installed on a farm premises with inspection in 2 days or less
$0
$100
$0
$0
Aggregate capacity equal to or less than 1,100 gallons
$60
$100
$100
$100
Aggregate capacity 1,101 gallons through 48,000 gallons capacity
$125
$250
$100
$100
Aggregate capacity 48,001 gallons through 80,000 gallons capacity
$150
$300
$100
$100
Aggregate capacity 80,001 gallons through 120,000 gallons capacity
$180
$450
$120
$150
Aggregate capacity 120,001 gallons capacity or greater
$360
$600
$150
$200
Addition of corrosion protection to an existing system
$35
$100
$100
$100
Conversion of existing system to a point−of−sale (POS) type of dispensing system**
$35
$100
$100
$100
Underground storage tank pre−lining inspection
Aggregate as
above
$50/tank
$100
$100
Upgrade, exchange or conversion of existing leak detection methodology to another approved methodology or manufacturer***
$35
$100
$100
$100
Upgrade of secondary containment only, for tanks
$150
$100
$100
$100
Installation or modification of vent piping on existing system
$60
$100
$100
$100
Section 10. ATCP 93.200 is amended to read:
ATCP 93.200 Adoption of standards. The standards listed in Tables 93.200−1 to 93.200−11 are incorporated by reference into this chapter.
Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standards may be purchased through the respective organizations listed in Tables 93.200−1 to 93.200−11.
Table 93.200−1
ACI
American Concrete Institute
PO Box 9094
Farmington Hills, MI 48333
Standard Reference Number
Title
350.2R–04, except for section 6.3 ACI PRC-350.2-21
Concrete Structures for Containment of Hazardous Materials Hazardous Material Containment in Concrete Structures
Table 93.200−2
API
American Petroleum Institute
1220 L Street, NW
Washington, DC 20005
Standard Reference
Number
Title
1. 570 (4th edition, 2016)
Piping Inspection Code: In−service Inspection, Rating, Repair, Alteration, and Rerating of In−service Piping Systems
2. RP 575−14 20 (3rd 4th edition, 2014 2020)
Guidelines and Methods for Inspection of Existing Atmospheric and Low−pressure Storage Tanks
3. Std 65020 With addenda 1 and 2 (13th edition, 2020)
Welded Steel Tanks for Oil Storage
4. RP 651 (4th edition, 2014)
Cathodic Protection of Aboveground Petroleum Storage Tanks
5. RP 652 (4th 5th edition, 2014 2020)
Lining of Aboveground Petroleum Storage Tank Bottoms
6. Std 653 (5th edition, 2014)
Tank Inspection, Repair, Alteration, and Reconstruction
9. RP 1604 (3rd 4th edition, 1996 2021)
Closure of Underground Petroleum Storage Tanks
10. RP 1615 (6th edition, 2011)
Installation of Underground Petroleum Storage Systems, Sixth Edition
11. RP 1621 (5th edition,
1993)
Bulk Liquid Stock Control at Retail Outlets
12. RP 1626 [2nd edition,
2010 (with errata and addendum)]
Storing and Handling Ethanol and Gasoline−Ethanol Blends at Distribution Terminals and Filling Stations
13. RP 1631 (Fifth edition, 2001)
Interior Lining and Periodic Inspection of Underground Storage Tanks
14. RP 1632 (3rd edition, 1996, R 2010)
Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems
15. RP 1637 (3rd 4th edition, 2006 2020)
Using the API Color−Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals
16. Std 2000 (7th edition, 2014)
Venting Atmospheric and Low−Pressure Storage Tanks
17. Std 2015 (8th edition, 2018)
Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks
18. RP 2200 (5th edition, 2015)
Repairing Hazardous Liquid Pipelines
19. Std 2350 (4th 5th edition, 2012 2020)
Overfill Protection for Storage Tanks in Petroleum Facilities
20. Std 2610 (2nd 3rd edition, 2005 2018)
Design, Construction, Operation, Maintenance, and Inspection of Terminal and Tank Facilities
Table 93.200−3
ASTM
ASTM International
100 Barr Harbor Drive
West Conshohocken, PA 19428
Standard Reference Number
Title
G158−98 (2016 2021)
Standard Guide for Three Methods of Assessing Buried Steel Tanks
Table 93.200−3j
EI
Energy Institute
61 New Cavendish Street London W1G 7AR, UK
Standard Reference Number
Title
1. EI 1529 (7th edition, 2014)
Aviation fuelling hose and hose assemblies
2. EI 1542 (9th edition, 2012)
Identification markings for dedicated aviation fuel manufacturing and distribution facilities, airport storage and mobile fuelling equipment
Table 93.200−3r
HIR Technical Services
H.I.R. Technical Services
P.O. Box 611
Titusville, PA 16354
Standard Reference Number
Title
HIR FTV RP 2007
In−service Inspection of Aboveground Atmospheric Fiberglass Reinforced Plastic Tanks and Vessels
Table 93.200−4
KWA
Ken Wilcox Associates
1125 Valley Ridge Drive
Grain Valley, MO 64029
Standard Reference Number
Title
1999 Version
Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera
Table 93.200−5
NACE
NACE International
1440 South Creek Drive
Houston, TX 77084−4906
Standard Reference Number
Title
1. SP0169−2013
Control of External Corrosion on Underground or Submerged Metallic Piping Systems
2. SP0178−2007
Design, Fabrication, and Surface Finish Practices for Tanks and Vessels to Be Lined for Immersion Service
3. SP0188−2006
Discontinuity (Holiday) Testing of New Protective Coatings on Conductive Substrates
4. SP0193−2016
Application of Cathodic Protection to Control External Cathodic Protection of Carbon Steel On−Grade Storage Tank Bottoms
5. SP0285−2011 2021
External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection
6. SP0286−2007
Electrical Isolation of Cathodically Protected Pipelines
6m. TM0101−2012
Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems
7. TM0497−2012 2022
Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems
Table 93.200−6
NFPA®
National Fire Protection Association®
One Batterymarch Park
Quincy, MA 02269
Standard Reference Number
Title
1. 10 (2018 2022)
Standard for Portable Fire Extinguishers
1m. 20 (2016 2022)
Standard for the Installation of Stationary Pumps for Fire Protection
2. 30 (2018 2021)
Flammable and Combustible Liquids Code
3. 30A (2018 2021)
Code for Motor Fuel Dispensing Facilities and Repair Garages
4. 30B (2015 2019)
Code for the Manufacture and Storage of Aerosol Products
5. 31 (2016 2020)
Standard for the Installation of Oil−Burning Equipment
5m. 35 (2016 2021)
Standard for the Manufacture of Organic Coatings
6. 37 (2018 2021)
Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines
7. 68 (2018)
Standard on Explosion Protection by Deflagration Venting
8. 110 (2016 2022)
Standard for Emergency and Standby Power Systems
9. 326 (2015 2020)
Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair
10. 385 (2017 2022)
Standard for Tank Vehicles for Flammable and Combustible Liquids
11. 407 (2017 2022)
Standard for Aircraft Fuel Servicing
12. 410 (2015 2020) - Chapter 6 only
Standard on Aircraft Maintenance
13. 418 (2016 2021)
Standard for Heliports
14. 704 (2017 2022)
Standard System for the Identification of the Hazards of Materials for Emergency Response
Table 93.200−7
PEI
Petroleum Equipment Institute
PO Box 2380
Tulsa, OK 74101
Standard Reference Number
Title
1. RP100−17 22
Recommended Practices for Installation of Underground Liquid Storage Systems
2. RP200−13 19
Recommended Practices for Installation of Aboveground Storage Systems for Motor−Vehicle Fueling
3. RP300−09 19
Recommended Practices for Installation and Testing of Vapor− Recovery Systems at Vehicle−Fueling Sites
4. RP400−18 23
Recommended Procedure for Testing Electrical Continuity of Fuel−Dispensing Hanging Hardware
5. RP500−1119
Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment
6. RP600−12 18
Recommended Practices for Overfill Prevention for Shop−Fabricated Aboveground Tanks
7. RP800−13 20
Recommended Practices for Installation of Bulk Storage Plants
8. RP900−17 21
Recommended Practices for the Inspection and Maintenance of UST Systems
9. RP1000−14 22
Recommended Practices for the Installation of Marina Fueling Systems
10. RP1200−17 19
Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities
11. RP1300−13 20
Recommended Practices for the Design, Installation, Service, Repair and Maintenance of Aviation Fueling Systems
12. RP1400−14 21
Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems
Table 93.200−8
SSPC
The Society for Protective Coatings
40 24th Street
Pittsburgh, PA 15222
Standard Reference Number
Title
VIS 2 (2001)
Standard Method of Evaluating Degree of Rusting on Painted Steel Surfaces
Table 93.200−9
STI
Steel Tank Institute
944 Donata Court
Lake Zurich, IL 60047
Standard Reference Number
Title
1m. R012 (2007 2016)
Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks
2. R051 (2017)
Cathodic Protection Testing Procedures for sti−P3® USTs
4e. R111 (2016)
Storage Tank Maintenance
4m. R892 (2006)
Recommended Practices for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems
4s. R972 (2010)
Recommended Practice for the Addition of Supplemental Anodes to sti− P3® USTs
5. SP001 (6th Edition, 2018)
Standard for the Inspection of Aboveground Storage Tanks
6. SP031 (2018)
Standard for Repair of Shop−Fabricated Aboveground Tanks for Storage of Flammable and Combustible Liquids
7. SP131 (2014)
Standard for Inspection, Repair and Modification of Shop− Fabricated Underground Tanks for Storage of Flammable and Combustible Liquids
Table 93.200−10
UL
Underwriters Laboratories Inc.
333 Pfingsten Road
Northbrook, IL 60062−2096
Standard Reference Number
Title
1. UL 142 (2006 2019)
Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids
2. UL 971 (1995)
Nonmetallic Underground Piping for Flammable Liquids
3. UL 1746 (2007)
Standard for External Corrosion Protection Systems For Steel Underground Storage Tanks
4.UL 1856 (2013 2020)
Outline of Investigation for Underground Fuel Tank Internal Retrofit Systems
5. UL 2080 (2000)
Standard for Fire Resistant Tanks for Flammable and Combustible
Liquids
6. UL 2085 (1997)
Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids
7. UL 2258 (2010)
Nonmetallic Tanks for Oil−Burner Fuels and Other Combustible Liquids
Table 93.200−11
U.S. Department of Energy
1000 Independence Ave. SW
Washington DC 20585
Standard Reference Number
Title
1. DOE/GO 102016−4854
(February 2016)
Handbook for Handling, Storing, and Dispensing E85 and Other Ethanol−Gasoline Blends
2. DOE/GO 102016−4875
(Fifth Edition, Revised, November 2016)
Biodiesel Handling and Use Guide
Section 11. Table ATCP 93.400 is amended to read:
Tank Capacity in Gallons
Distance From Which the Label Shall Be Visible
Minimum Size of Label
Up to 5,000
75 feet
5” x 5”
5,001 to 50,000
100 feet
10” x 10”
50,001 to 250,000
200 feet
12” x 12”
Greater than 250,000
300 feet
15” x 15”
Section 12. ATCP 93.400 (1) (c) is amended to read:
(c) Tanks for Class IIIB liquids. Tanks which have a capacity of 1,100 5,000 gallons or more and which are used for aboveground storage of Class IIIB liquids shall be listed or shall be acceptable to the department.
Section 13. ATCP 93.440 (3) (a) 2. b. is repealed.
Section 14. ATCP 93.440 (4) (a) Intro is amended to read:
(a) The owner or operator of all nonmetallic aboveground storage tanks — including concrete, tile−lined, fiber−reinforced plastic, and homogeneous plastic tanks that have a capacity of 1,100 5,000 gallons or more shall have the tanks inspected in accordance with all of the following:
Section 15. ATCP 93.465 (2) (b) is repealed.
Section 16. ATCP 93.610 (1) and (2) are repealed.
Section 17. ATCP 93.610 (4) is amended to read:
(4) Other mobile tanks. Written approval shall be obtained from the department before dispensing fuel from any mobile tank that is not addressed in subs. (1) to sub. (3).
Section 18. ATCP 93.615 (3) (b) 3. is amended to read:
3. Fueling from aboveground tanks at a farm premises or a construction project, which have a capacity of 1,100 5,000 gallons or more or which do not meet the required setbacks.
Section 19. Table ATCP 93.615-A is amended to read:
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