ATCP 93.680(3)(a)1.1. If another type of fuel was stored in the tank, the tank shall be cleaned in accordance with API 2015 or another method approved by the department before introducing the ethanol-blended fuel.
ATCP 93.680 Note
Note: See s.
ATCP 93.230 (15) for related cleaning criteria when changing the type of liquid stored in a tank.
ATCP 93.680(3)(a)2.
2. All cleaning work shall be performed by a certified tank cleaner unless specifically approved by the department based on an alternate cleaning method.
ATCP 93.680 Note
Note: Most metal storage tanks and pipe are compatible with ethanol. However, some fiberglass storage tank systems manufactured before 1992 might not be compatible with higher levels of ethanol. The tank manufacturer and installation contractor should be consulted for additional information on the reuse of underground storage tanks.
ATCP 93.680(3)(a)3.
3. Denatured alcohol (commonly known as E98) may not be stored in underground storage tanks due to flammability issues.
ATCP 93.680(3)(b)
(b)
Tightness testing. A precision tightness test shall be performed on the tank and piping in accordance with s.
ATCP 93.515 (4) before placing the tank system back into service.
ATCP 93.680(3)(c)1.1. `Approved equipment.' Equipment or components used for storing or dispensing ethanol-blended motor fuel shall be listed or shall be verified by the manufacturer as being compatible with ethanol-blended fuel, except where otherwise approved in writing by the department.
ATCP 93.680 Note
Note: The department and the EPA accept use of the criteria in API 1626, as adopted in s.
ATCP 93.200, to demonstrate compatibility for UST systems storing ethanol blends under this section.
ATCP 93.680(3)(c)2.
2. `Dispenser nozzles and hoses.' Dispensers that are installed on or after February 1, 2009, shall use a separate fueling nozzle and hose for dispensing ethanol-blended motor fuels of more than 10 percent ethanol by volume.
ATCP 93.680 Note
Note: See ch.
ATCP 94 for signage requirements for ethanol-blended fuels.
ATCP 93.680(3)(c)3.
3. `In-line filters.' A 1- or 2-micron in-line filter shall be used for dispensing ethanol-based fuel.
ATCP 93.680(4)(b)
(b) At least 30 days prior to commencing conversion to an ethanol-blended fuel, a certified installer or professional engineer shall complete part I of the department's alternative fuel installation/conversion application form, TR-WM-132, and submit it to the department as part of the plan review submittal.
ATCP 93.680 Note
Note: Plan review is required in s.
ATCP 93.100 for facilities converted to store and dispense ethanol-based fuels.
ATCP 93.680 Note
Note: Within a 1st class city, the provisions in par. (b) may be administered by that city instead of the department, as authorized in ss.
ATCP 93.020 (8) and
93.110 (3) and
(4). As of November 1, 2019, only the City of Milwaukee is a 1st class city.
ATCP 93.680(4)(c)
(c) At least 15 days prior to commencing normal fueling operations using ethanol-blended fuel, the operator shall complete part II of the department's alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuel Storage Tank System and/or Dispenser Installation/Conversion Application, and provide the completed form to the certified tank system inspector performing the pre-operational inspection.
ATCP 93.680(5)
(5)
Material compatibility for biodiesel blends. Equipment used to store or dispense fuel consisting of more than 5 percent biodiesel by volume may not contain or consist of any of the following materials:
ATCP 93.680(5)(a)
(a)
Metals. Zinc, lead, aluminum, or alloys containing these metals such as brass or terne.
ATCP 93.680 Note
Note: Terne-plated steel and lead-based solder are commonly used in equipment that handles gasoline. These materials will dissolve when in contact with high concentrations of biodiesel.
ATCP 93.680(5)(c)
(c)
Polymers. Polyurethane, polyvinyl chloride, polyamides, or methyl-methacrylate plastics.
ATCP 93.680 Note
Note: Materials that have been shown to be generally compatible with high concentrations of biodiesel include unplated steel, stainless steel, black iron, bronze, Neoprene rubber, Buna-N, polypropylene, nitrile, Viton, Teflon, thermoset reinforced fiberglass and thermoplastic piping material.
ATCP 93.680(6)(a)1.1. If another type of fuel was stored in the tank, the tank shall be cleaned in accordance with API 2015 or another method approved by the department, before introducing fuel consisting of more than 5 percent biodiesel by volume.
ATCP 93.680 Note
Note: See s.
ATCP 93.230 (15) for related cleaning criteria when changing the type of liquid stored in a tank.
ATCP 93.680(6)(a)2.
2. All cleaning work shall be performed by a certified tank cleaner unless specifically approved by the department based on an alternate cleaning method.
ATCP 93.680 Note
Note: Most metal storage tanks and pipe other than galvanized steel are compatible with biodiesel. However, some fiberglass storage tank systems manufactured before 1995 might not be compatible with higher levels of biodiesel. The tank manufacturer and installation contractor should be consulted for additional information on the reuse of underground storage tanks.
ATCP 93.680(6)(b)
(b)
Tightness testing. A precision tightness test shall be performed on the tank and piping in accordance with s.
ATCP 93.515 (4) before placing the tank system back into service.
ATCP 93.680(6)(c)1.1. `Approved equipment.' Equipment or components used for storing or dispensing fuel consisting of more than 5 percent biodiesel by volume shall be listed or shall be verified by the manufacturer as being compatible with the fuel except where otherwise approved in writing by the department.
ATCP 93.680(6)(c)2.
2. `Dispenser nozzles and hoses.' Dispensers that are installed on or after November 1, 2019, shall use a separate fueling nozzle and hose for dispensing fuel consisting of more than five percent biodiesel by volume.
ATCP 93.680 Note
Note: See ch.
ATCP 94 for signage requirements for biodiesel-blended fuels.
ATCP 93.680(6)(c)3.
3. `Inline filters.' A two- or ten-micron inline filter shall be used for dispensing fuel consisting of more than five percent biodiesel by volume.
ATCP 93.680(6)(c)4.
4. `Lined tanks.' Tanks with linings regulated under s.
ATCP 93.530 may not be used to store fuel consisting of more than five percent biodiesel by volume.
ATCP 93.680(7)(a)
(a) At least 30 days prior to commencing conversion to biodiesel blends, a certified installer or professional engineer shall complete part I of the department's alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuel Storage Tank System and/or Dispenser Installation/Conversion Application, and submit it to the department as part of the plan review submittal.
ATCP 93.680 Note
Note: Plan review is required in s.
ATCP 93.100 for facilities converted to store and dispense fuel consisting of more than five percent biodiesel by volume.
ATCP 93.680 Note
Note: Within a 1st class city, the provisions in par. (b) may be administered by that city instead of the department, as authorized in ss.
ATCP 93.020 (8) and
93.110 (3) and
(4). As of November 1, 2019, only the city of Milwaukee is a 1st class city.
ATCP 93.680(7)(b)
(b) At least 15 days prior to commencing normal fueling operations using fuel consisting of more than five percent biodiesel by volume, the operator shall complete part II of the department's alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuel Storage Tank System and/or Dispenser Installation/Conversion Application, and provide the completed form to the certified tank system inspector performing the preoperational inspection.
ATCP 93.680 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; correction in (6) (c) 2. made under s.
13.92 (4) (b) 14., Stats.,
Register October 2019 No. 766;
correction in (4) (c), (7) (a), (b) made under s.
13.92 (4) (b) 6., Stats.,
Register February 2022 No. 794.
ATCP 93.700(1)(1)
This subchapter applies to owners and operators of any of the following storage tank systems, whether new or existing, that are in-use, seldom-used or temporarily out of service:
ATCP 93.700(1)(b)
(b) Petroleum aboveground storage tank systems located on piers that are not of solid-fill construction.
ATCP 93.700(1)(c)
(c) Petroleum aboveground storage tank systems, located on floating structures or watercraft, that are not used exclusively for the propulsion of that floating structure or watercraft.
ATCP 93.700(1)(f)
(f) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with single bottoms, that were upgraded with tank lining but not placed in impermeable dike systems.
ATCP 93.700(1)(g)
(g) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with double bottoms, that are not provided with interstitial monitoring and not placed in impermeable dike systems.
ATCP 93.700(2)
(2) This subchapter does not apply to any of the following:
ATCP 93.700(2)(a)
(a) State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States.
ATCP 93.700(2)(b)1.
1. Farm and residential underground storage tank systems which have a capacity of less than 1,100 gallons and which are used for storing motor fuel for noncommercial purposes.
ATCP 93.700(2)(b)2.
2. Storage tank systems used for storing heating oil for consumptive use on the premises.
ATCP 93.700(3)
(3) If the owner and operator of a petroleum storage tank are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance.
ATCP 93.700 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.703
ATCP 93.703 Definitions. In this subchapter:
ATCP 93.703(1)
(1) “Accidental release” means any release of petroleum arising from operating a storage tank system that results in a need for corrective action or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator.
ATCP 93.703(2)
(2) “
Affidavit of financial responsibility” means a form, supplied by the department on which the owner and operator attest to compliance with
40 CFR 280.111.
ATCP 93.703 Note
Note: The affidavit of financial responsibility is required in addition to the certification showing the specific type of financial responsibility. See s.
ATCP 93.745 (2) (j) for further information.
ATCP 93.703(3)
(3) “
Aggregate” means an accident or a continuous or repeated exposure to conditions that result in a release from a storage tank system which might occur in one year.
ATCP 93.703 Note
Note: This definition is intended to assist in the understanding of these regulations and is not intended either to limit the meaning of “aggregate” in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of “aggregate.”
ATCP 93.703(4)
(4) “
Bodily injury” has the meaning given to this term by applicable Wisconsin statutes; however, this term does not include those liabilities that, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury.
ATCP 93.703 Note
Note: For further information about this term, see ch.
Ins 6, which interprets this term as it is used in s.
292.63 (1) (ad), Stats., for petroleum storage environmental cleanup.
ATCP 93.703(5)
(5) “
Controlling interest” means direct ownership of at least 50 percent of the voting stock of another entity.
ATCP 93.703(6)
(6) “
Financial reporting year” means the latest consecutive 12-month period for which any of the following reports are prepared:
ATCP 93.703(6)(a)
(a) A 10-K report submitted to the US securities and exchange commission.
ATCP 93.703(6)(b)
(b) An annual report of tangible net worth submitted to Dun and Bradstreet.
ATCP 93.703(6)(c)
(c) An annual report submitted to the federal energy information administration or rural utilities service.
ATCP 93.703 Note
Note: “Financial reporting year” may thus comprise a fiscal or a calendar year period.
ATCP 93.703(7)
(7) “
Legal defense cost” means any expense that an owner or operator or provider of financial assurance incurs in defending against claims or actions brought by any of the following:
ATCP 93.703(7)(a)
(a) By the EPA or the department to require corrective action or to recover the costs of corrective action.
ATCP 93.703(7)(b)
(b) By or on behalf of a third party for bodily injury or property damage caused by an accidental release.
ATCP 93.703(7)(c)
(c) By any person to enforce the terms of a financial assurance mechanism.
ATCP 93.703(8)
(8) “
Occurrence” means an accident, or a continuous or repeated exposure to conditions, that results in a release from a storage tank system.
ATCP 93.703 Note
Note: This definition is intended to assist in the understanding of these regulations and is not intended either to limit the meaning of “occurrence” in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of “occurrence.”
ATCP 93.703(9)
(9) “
Operation” or “in operation” means the underground storage tank was used to store a regulated substance at any time after December 22, 1988, regardless of the current status of the tank.
