Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids
Section ATCP 93.050 - Definitions

(1) "Aboveground storage tank" or "AST" means any vessel that has a liquid capacity of 110 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.

(2) "Accessible to the public" means any whole or part of property that, due to its location and commercial or public purpose, the public or a section of the public has or may reasonably be expected to have access.

(3) "Aircraft" has the meaning given in s. 114.002(3), Stats.

Note: Section 114.002(3), Stats., reads as follows:

"Aircraft" means any contrivance invented, used or designed for navigation of or flight in the air, but does not include spacecraft.

(4) "Airport" means any area of land or water that is designed for the landing and takeoff of aircraft, regardless of whether buildings are provided for the shelter, servicing, or repair of aircraft or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for aircraft, and all appurtenant rights of way, whether new or existing, which are either public, private, or federal.

(4m) "Airport hydrant system" means an underground storage tank system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.

(5) "Alteration" means any modification to an installed tank system that involves cutting, drilling or welding on the tank shell or associated piping.

(6) "Ancillary equipment" means any device, including such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of regulated substances to and from a storage tank.

(7) "Annual" means a period of time less than or equal to 365 calendar days.

(8) " Approved" means acceptable to the department.

(9) "ATV" or "all-terrain vehicle" means a self-propelled motor-driven vehicle with wheels or tracks, used to transport people on land, snow, ice or water for purposes of sport or recreation and which cannot be licensed through the department of transportation for highway use.

(9m) "Authority having jurisdiction" means the department or an authorized agent responsible for approving equipment, installations or procedures.

(10) "Authorized agent" means either a local program operator or a 1st class city or the authorized representatives of a 1st class city.

Note: See sub. (66) for a definition of local program operator. As of November 1, 2019, only the City of Milwaukee is a 1st class city.

(11) "Automatic leak detection" means a release or leak detection or monitoring system that will provide continuous 24 hour monitoring for the detection of a release or leak of vapor or product and immediately communicate the detection of the release or leak to an electronic signaling device.

(12) "Automatic line leak detection" means a method of leak detection which alerts the operator to the presence of a leak without any manual effort on the part of the operator, including a device or mechanism that signals the presence of a leak by restricting or shutting off the flow of a hazardous substance through piping, or by triggering an audible or visual alarm, and which detects leaks of 3 gallons per hour at 10 psi line pressure within one hour.

(14) " Biodiesel fuel" means a fuel that is comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats.

Note: Under s. 168.14(2m) (b) 2, Stats., pure biodiesel fuel is generally identified with the alphanumeric B100, and does not contain any petroleum product, any additive, or other foreign material. A fuel that is a blend of biodiesel and petroleum-based fuel generally has a volume percentage of the biodiesel fuel to the petroleum-based fuel of at least 2 percent. B20 would identify a blend as being 20 percent biodiesel and 80 percent petroleum-based fuel, by volume.

(15) "Bulk plant" means that portion of a facility where flammable, combustible or hazardous liquids are stored or blended in bulk for the purpose of subsequently distributing such liquids beyond that portion of the facility. This term does not include a facility where such liquids are stored or blended only in intermediate bulk containers.

(16) "Business day" means any day Monday to Friday, excluding Wisconsin legal holidays.

(17) "CERCLA" means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

(18) "Certified cathodic protection tester" means a person certified in accordance with this chapter who demonstrates an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping systems and metal tanks.

(19) "Certified corrosion expert" means a person certified in accordance with this chapter who is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience.

(21) "Certified installer" means either of the following:

(22) "Certified remover-cleaner" means a person certified in accordance with this chapter to remove storage tank systems and to remove accumulated sludge and remaining product from tanks that are to be closed, undergo a change in service, or otherwise be completely emptied and made inert.

(22m) "Certified tank system inspector" means a person certified in accordance with this chapter to inspect storage tank systems.

(23) "Certified tank system liner" means a person certified in accordance with this chapter to install interior linings for storage tanks.

(24) "Certified tank system site assessor" means a person certified in accordance with this chapter to conduct tank system site assessments and to collect samples necessary for those assessments.

(25) "Certified tank system tightness tester" means a person certified in accordance with this chapter to perform precision tightness testing to determine the presence of leaks in storage tank systems.

(26) "Change in service" means continued use of a storage tank system in another regulated status, or continued use of a tank that previously stored a regulated substance, to store a non-regulated substance; or continued use of a tank that previously stored a non-regulated substance, to store a regulated substance.

Note: An example of a "change in service" to another regulated status is an in-use tank that moves to temporarily out of service status. An example of "change in service" resulting from previously storing a regulated substance, to storing a non-regulated substance is a tank that is converted from storing heating oil to storing water.

(27) "Class I liquid" means a flammable liquid.

Note: See sub. (30) and Note for Class II and III liquids.

(28) "Cleaned tank system" means a tank system that is free of all residue and vapors.

(29) "Closure" means the procedure by which a tank system is evaluated and permanently rendered safe from contributing to human danger, fire, explosion, and environmental contamination at the facility where it is installed.

(30) "Combustible liquid" means a liquid having a flash point at or above 100°F.

Note: Under NFPA 30 section 4.3.2, combustible liquids are further classified as being Class II, IIIA, or IIIB liquids.

(31) "Connected piping" means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which regulated substances flow. For the purpose of determining how much piping is connected to any individual underground storage tank system, the piping that joins 2 underground storage tank systems should be allocated equally between them.

(32) "Construction project" means a site or project that is under development, renovation, or demolition and is temporary in nature and has restricted public access.

Note: A construction project may involve a transportation corridor, building or structure, excavation or landscaping, or the replacement or upgrade of an existing storage tank system.

(33) "Consumptive use" means consumed on the premises where the storage tank system is located.

(34) "Continuous monitoring" means a leak detection method using equipment that routinely performs the required monitoring on a periodic or cyclic basis throughout each day.

(35) "Contractor" means a person or firm undertaking to do work or supply goods or a service.

(36) "Day" means any calendar day unless specifically stated otherwise in this chapter.

(37) "Department" means the department of agriculture, trade and consumer protection.

(37m) "Direct supervision" means to assume the responsibility of an activity of others and its results by providing oversight and guidance at the site where the activity is being conducted.

(38) "Dispenser" means a device or configuration of components consisting of a motor or fluid control, and an area for storing a hose nozzle valve with or without a pump, that dispenses and measures the amount of product dispensed by means of a mechanical or electronic metering mechanism.

(39) "Dispensing" means the transfer of fuel into a vehicle or portable container from a storage tank system.

(40) "Dispensing area" means a zone around the dispenser that extends a distance of 20 feet horizontally from the dispenser body, exclusive of the length of the hose and nozzle.

(41) "Dispensing system" or "product transfer system" includes the dispensers, nozzles, dispensing hoses, suction fuel pump, pipe and any necessary core components between the emergency shutoff valve and dispensing nozzle that allow the dispensing system to function as intended and in accordance with the installation requirements.

Note: In a typical fueling island, the dispensing system begins immediately downstream of the emergency shutoff valve, and all components upstream of that point, including the shut-off valve, are part of the tank system, as defined in sub. (115).

(42) "Electronic monitoring" means an electrical device installed to monitor tanks or piping for leaks.

Note: Typically, electronic monitoring uses an audible or visual alarm and may incorporate an automatic shutdown of the dispensing system. Examples include electronic line leak detectors and sump or interstitial liquid sensors.

(43) "Empty tank system" means a tank system from which all materials have been removed using commonly employed practices so that no more than one inch of residue remains in the system.

(43g) "EPA" means United States environmental protection agency.

(43r) "Equivalency" means having the same degree of safety, health, or public welfare as contained in the requirements specified in this chapter.

(44) "Excavation zone" means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation.

(45) "Existing" means installed or in place since before November 1, 2019, unless context requires otherwise.

(46) "Existing tank system" means a tank system used to contain an accumulation of regulated substances, or for which installation commenced, prior to November 1, 2019. Installation is considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the tank system site or installation of the tank system, and a continuous on-site physical construction or installation program has begun.

(47) "Facility" means a plot of land developed or designated to serve a particular function.

(48) "Farm premises" and "farming" have the meaning given in s. 102.04(3), Stats.

Note: Section 102.04(3), Stats., reads as follows:

As used in this chapter, `farming' means the operation of farm premises owned or rented by the operator. `Farm premises' means areas used for operations herein set forth, but does not include other areas, greenhouses or other similar structures unless used principally for the production of food and farm plants. `Farmer' means any person engaged in farming as defined. Operation of farm premises shall be deemed to be the planting and cultivating of the soil thereof; the raising and harvesting of agricultural, horticultural or arboricultural crops thereon; the raising, breeding, tending, training and management of livestock, bees, poultry, fur-bearing animals, wildlife or aquatic life, or their products, thereon; the processing, drying, packing, packaging, freezing, grading, storing, delivering to storage, to market or to a carrier for transportation to market, distributing directly to consumers or marketing any of the above-named commodities, substantially all of which have been planted or produced thereon; the clearing of such premises and the salvaging of timber and management and use of wood lots thereon, but not including logging, lumbering or wood cutting operations unless conducted as an accessory to other farming operations; the managing, conserving, improving and maintaining of such premises or the tools, equipment and improvements thereon and the exchange of labor, services or the exchange of use of equipment with other farmers in pursuing such activities. The operation for not to exceed 30 days during any calendar year, by any person deriving the person's principal income from farming, of farm machinery in performing farming services for other farmers for a consideration other than exchange of labor shall be deemed farming.

(49) "Flammable liquid" means any liquid that has a flash point below 100°F.

Note: Under NFPA 30 section 4.3.1, flammable liquids are classified as being Class I liquids and are subclassified as Class IA, IB, or IC liquids.

(50) "Flash point" means the minimum temperature at which a liquid will give off sufficient vapor to form an ignitable mixture with air near the surface of the liquid or within the test vessel.

Note: See NFPA 30 for the appropriate test method for a specific liquid.

(51) " Free product" means any regulated substance that exists outside of a tank system, a dispenser system or a container for transporting the substance.

(51m) "Hazardous liquid" means any liquid that is a federally regulated hazardous substance as defined in s. 168.21, Stats.

Note: The definition of federally regulated hazardous substances in s. 168.21(3), Stats., corresponds to the CERCLA List of Hazardous Substances and Reportable Quantities contained in 40 CFR 302.4, Table 302.4.

(52) "Hazardous substance storage tank system" means a storage tank system which contains a hazardous substance defined in section 101 (14) of CERCLA - but not including any substances regulated as hazardous wastes under subtitle C, or any mixture of such substances and petroleum products - and which is not a petroleum storage tank system.

(53) "Heating device" means equipment, fueled by liquids regulated by this chapter, intended to create or generate heat for the purpose of providing direct heat or heating another media for space heating, food processing, commercial and industrial manufacturing, or energy generation.

(54) "Heating fuel" or "heating oil" means petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 technical grades of fuel oil; other residual fuel oils, including Navy Special Fuel Oil and Bunker C; and other fuels when used as substitutes for one of these, including used oil or used cooking oils when used in an oil burner to provide space heat or processing heat for consumptive use on the property.

Note: Heating fuel used to produce steam for power generation such as electricity or emergency power is not considered "heating fuel" or "heating oil" for purposes of the definition.

(55) "Housekeeping" means a facility management activity of keeping flammable, combustible and hazardous liquid storage organized and free of debris, vegetation, combustible goods and merchandise and non-essential combustible materials or products.

(57) "Important building" or "important building or structure" means a building or structure that is not considered by the owner, the authorized agent or the department to be expendable in an exposure fire.

Note: Examples include buildings occupied by one or more persons for other than incidental use, buildings that have a high-hazard use where products from fire can harm the community or the environment, control buildings that need the presence of personnel for orderly shutdown of important or hazardous processes, buildings that contain high-value contents or critical equipment or supplies, and buildings that are sited with respect to a storage tank system such that they will have a detrimental effect on release-response or fire-control activities.

(58) "Impressed current system" means a method of corrosion protection that generates cathodic current from an external, direct-current power source.

(59) "Intermediate bulk container" or "IBC" means a container that is manufactured and marked in accordance with 49 CFR 178, is intended for the storage of regulated substances within warehouses and other storage areas with automatic wet-pipe sprinkler systems, and has a liquid capacity of 793 gallons or less.

(60) "Interstitial monitoring" means a leak detection method that entails the surveillance of the space between a tank system's walls and the secondary containment system for a change in steady-state conditions.

(61) " Inventory controls" means techniques used to identify a loss of product that are based on volumetric measurements in the tank and reconciliation of those measurements with product delivery and withdrawal records.

(62) "Leak" means any discharge of a regulated substance from a point in a tank system or dispensing system, that is not intended to be a discharge or dispensing point.

Note: See sub. (76) for a definition of "obvious release," sub. (103) for a definition of "release" and sub. (113) for a definition of "suspected release."

(63) " Leak detection" means determining whether a discharge of a regulated substance has occurred from a point in a storage tank system, that is not intended to be a discharge or dispensing point, such as a discharge into the interstitial space between the primary tank or piping and the secondary barrier or secondary containment around that tank or piping.

(64)

(65) "Listed and labeled" means equipment or materials to which has been attached a label or identifying mark by, and which is included in a list published by, an organization acceptable to the department that is concerned with product evaluation, that maintains periodic inspections of listed and labeled equipment or materials, and by whose labeling the manufacturer indicates compliance with appropriate standards or performance for a specified purpose.

(66) "Local program operator" or "LPO" means an 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.

(67) "Lowest floor, story, cellar or basement" means the lowest space in which heavier-than-air vapors can accumulate.

(68) "Maintenance" means the normal operational upkeep to prevent a storage tank system from releasing product, or to maintain the structural and operational condition of any portion of the system. Maintenance activity is preventative in nature.

(69) "Marine-craft tank vehicle" means any tank having a liquid capacity of 110 gallons or more, used for carrying flammable or combustible liquids and mounted permanently or otherwise upon a vessel or barge capable of water transportation. The tank is not solely for the purpose of supplying fuel for the propulsion of, or support of equipment on, the vessel upon which the tank is mounted.

Note: Section ATCP 93.130 requires marine-craft tank vehicles to have a material approval before being placed into service.

(70) "Mechanical monitoring" means a mechanical device not dependent upon electricity, installed to monitor tanks and piping for leaks.

Note: An example is a mechanical line leak detector.

(71) "Monthly monitoring" means an approved electronic or non-electronic method of testing a tank or pipe for a leak at least monthly. The test shall detect a 0.2 gallon per hour leak rate with a probability of detection of 0.95 and a probability of false alarm of 0.05. For purposes of monitoring on a monthly cycle, the department will accept tests no further than 30 days apart.

(72) "Motor fuel" means flammable or combustible liquid that is used in the operation of an internal combustion or turbine engine.

(73) "Motor vehicle" means a self-propelled motor-driven vehicle that is used for moving people or products on land, water or air, except this term does not include any vehicle which is operated exclusively on a rail. "Motor vehicle" in this definition is intended to apply to motorized equipment transporting people and goods for pleasure, construction or commerce, rather than equipment dedicated to warehousing and yard operations, such as forklifts; or for grounds and facility maintenance, such as lawnmowers; or for amusement facilities, such as go-carts.

Note: Based on this definition, fuel storage tanks on a railroad train or other motorized equipment which operates exclusively on a rail are regulated under this chapter and NFPA 30 as non-vehicle fueling tanks, and NFPA 30A does not apply to them.

(74) "New" means installed or constructed on or after November 1, 2019.

(75) " Non-discriminating" means not discriminating as to the type of liquid.

(76) "Obvious release" means there is an indication of a release, and there is both environmental evidence, such as soil discoloration, observable free product, or odors - and a known source, such as a tank or piping with cracks, holes or rust plugs, or leaking joints.

Note: See sub. (62) for a definition of "leak," sub. (103) for a definition of "release" and sub. (113) for a definition of "suspected release."

(77) "Oil-burning equipment" means an oil burner of any type, together with its tank, piping, wiring, controls and related devices, and including all oil burners, oil-fired units and heating and cooking appliances.

(78) "Operational life" means the period beginning when installation of the tank system has commenced and extending to when the tank system either is closed in accordance with s. ATCP 93.460 or 93.560, or undergoes a change in service to store a non-regulated substance in accordance with s. ATCP 93.450 or 93.550.

(79) "Operator" means any person in control of, or having responsibility for, the daily operation of a storage tank system.

(80) "Owner" means either of the following:

(81) "Person" means an individual, trust, firm, joint stock company, federal agency, corporation, state, municipality, commission, political subdivision of a state, or any interstate body, and includes a consortium, joint venture, commercial entity, and the United States government.

(82) "Petroleum" means crude oil, crude oil fractions, and refined petroleum fractions, including gasoline, kerosene, heating oils, and diesel fuels.

(83) "Petroleum storage tank system" means a storage tank system that primarily contains petroleum products, such as motor fuels, jet fuels, fuel oils, lubricants, petroleum solvents, and used oil.

(84) "Pier" means any structure, such as a dock, which extends into navigable waters from the shore, with water on both sides, and which is built or maintained for the purpose of servicing watercraft, providing a berth for watercraft, or for loading or unloading cargo or passengers onto or from watercraft. A pier may be an open deck or solid-fill structure.

(85) " Pipe" or "piping" means a pressure-tight cylinder used to convey, transfer or move a fluid, and is ordinarily designated "pipe" in applicable material specifications. Materials designated as tube or tubing in the specifications are considered pipe when intended for pressure service. This term includes pipe emanating from or feeding storage tanks, or transferring product to or from storage tanks.

(85m) "Pipeline facilities," including gathering lines, means new and existing pipe rights-of-way and any equipment, facilities, or buildings.

(86) "Pipe system" or "piping system" means the primary piping, secondary containment, leak detection devices, tubing, including suction line drop tube, flanges, bolts, gaskets, valves, fittings, flexible connectors, the pressure-containing parts of other components such as expansion joints and strainers, and devices that serve such purposes as mixing, separating, distributing, metering, or controlling flow, and any core components which allow the piping system to function as intended and in accordance with the installation requirements.

Note: For a typical underground system, the pipe system would be from the point of connection at the tank to the connection to the dispenser, immediately downstream of the emergency shutoff valve.

(88) "Place of employment" has the meaning given in s. 101.01(11), Stats.

(89) "Point-of-sale" or "POS" means a marketing or dispensing practice that accommodates a cash, credit card, key, personal identification number or similar dispenser-authorized transfer of fuel into a motor vehicle without the direct oversight, supervision or intervention of an employee of the fueling facility.

(90) "Precision tightness testing" or "precision tightness test" means a procedure for testing the ability of a tank system to prevent a release of a regulated substance, that is capable of detecting a 0.1 gallon per hour leak rate with a probability of detection of 0.95 and a probability of false alarm of 0.05.

(91) "Pressurized piping" means product piping that experiences product pressure above normal atmospheric pressure. Product pressure may be generated from a pump or static head of an aboveground storage tank.

(92) "Pressurized system" or "remote pumping system" means a dispensing system where the pump is not located at, or is remote from, the dispenser.

(93) "Product" means any regulated substance in a storage tank.

(94) "Public access fueling" means the use of a facility by persons who are not employees of the facility to dispense fuel into vehicles, or to transfer fuel for resale into vehicles that are not owned or operated by the facility.

(95) "Public building" has the meaning given in s. 101.01(12), Stats.

(96) "Public used-oil collection center" means any used-oil collection facility that allows an individual who is not an employee of the facility to transfer used oil from a portable container into a storage tank.

(97) "Public way" means any public thoroughfare, sidewalk, dedicated alley, railroad, waterway or right-of-way. The point of measurement is from the engineered or natural borders of the vehicle or pedestrian traffic lanes.

(98) "Readily accessible" means capable of being reached easily and quickly for operation, maintenance and inspection.

(99) "Re-commission" means the process of returning a system, component or process to a code-complying, in-service condition.

(100) "Recreational vehicle" means any self-propelled motor-driven vehicle that is used for moving people typically off-road, on land, snow, ice or water for sport or recreation, such as snowmobiles and all-terrain vehicles.

(101) "Red-tag" means a red tag secured to a component of a storage or dispensing system, which gives notice that the system or the product stored is under enforcement action for failure to comply with the requirements of either this chapter or ch. ATCP 94, and which prohibits operation of the system until the tag is removed by or under the direction of the authority having jurisdiction.

(102) "Regulated substance" means any flammable or combustible liquid and any liquid that is a federally regulated hazardous substance as defined in s. 168.21, Stats.

Note: The definition of federally regulated hazardous substances in s. 168.21(3), Stats., corresponds to the CERCLA List of Hazardous Substances and Reportable Quantities contained in 40 CFR 302.4, Table 302.4.

(103) "Release" means any discharge, including spilling, leaking, pumping, pouring, emitting, emptying, leaching, dumping or disposal of a regulated substance into groundwater, surface water or subsurface soils.

Note: See sub. (62) for a definition of "leak," sub. (76) for a definition of "obvious release" and sub. (113) for a definition of "suspected release."

(104) "Release detection" means determining whether a discharge of a regulated substance has occurred from a storage tank system into the environment.

(105) "Repair" means any work necessary to correct or restore a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, leak detection equipment, or other storage tank or dispensing system component that either has caused a suspected or obvious release or has failed to function properly.

(106) "Residential watercraft fueling facility" means that portion of a 1- or 2-family residential property where liquid fuels are stored in or dispensed for non-retail purposes from fixed equipment on land into the fuel tanks of self-propelled watercraft, including all facilities used for the storage, dispensing, and handling of flammable and combustible liquids.

(107) "Sacrificial anode system" means a method of corrosion protection that generates cathodic current from the galvanic corrosion of an expendable anode which is more electrochemically active than the structure being protected.

(108) "Secondary containment" means an approved barrier installed around a storage tank system that is designed to prevent a leak from the primary tank or piping from contacting the surrounding earth or the waters of the state before the leak can be detected and cleaned up.

(109) "Significant noncompliance" means the existence of one or more of the following:

(110) "Space heating" means heating of areas intended for occupancy or storage.

(111) "Storm water or wastewater collection system" means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

(112) "Structure" means an assembly of materials forming a construction for occupancy, storage, use, shelter or weather protection meeting the definition of place of employment under sub. (88) or public building under sub. (95).

Note: The department does not consider a tank to be a structure although local or municipal regulations may classify a tank as a structure.

(113) "Suspected release" means either of the following:

(114) "Tank" means a device designed to contain an accumulation of regulated substance and constructed of non-earthen materials such as concrete, steel, fiberglass or plastic, and including the following types of tanks, which have the following meanings:

(115) "Tank system" includes the primary tank and pipe, integral secondary containment, integral supports, leak detection, overfill prevention, spill containment, anti-siphon devices, any vapor-recovery system connected to the tank, and the necessary core components that allow the tank system to function as intended and in accordance with the installation requirements. Tank system configurations include onshore underground storage tanks, onshore aboveground storage tanks, and storage tanks over water that are integral with a stationary pier, floating vessel or floating structure for the purpose of storage or vehicle fueling.

Note: In a typical fueling island, the dispensing system, as defined in sub. (41), begins immediately downstream of the emergency shutoff valve, and all components upstream of that point, including the shutoff valve, are part of the tank system.

(116) "Tank-system integrity assessment" or "TSIA" means the process by which the department seeks to determine if the integrity of a tank system or any component thereof has been compromised. This process includes precision tightness testing, inventory reconciliation, visual inspection of system components, and calibration checks of dispensers and automatic tank gauges.

Note: In general, TSIAs are to be performed if there are indications that the integrity of a system has been compromised.

(117) "Tank-system site assessment" or "TSSA" means the process by which the department expects tank-system owners or operators to determine if a tank system or any component of that system has released petroleum products or other hazardous substances into the soil, groundwater or surface waters. This process includes all of the following:

(118) "Tank vehicle" means a tank truck or trailer system designed and constructed to comply with NFPA 385.

Note: NFPA 385 recognizes 3 types of tank vehicles:

(119) "Tank wagon" means a tank that is affixed to a trailer system with at least one axle, is constructed in accordance with s. ATCP 93.610(1), has a liquid capacity of 1,100 gallons or less, and is used for storing and dispensing liquid motor vehicle fuel for equipment used on the site, or is used for storing other liquids regulated under this chapter. A tank wagon is not constructed to comply with NFPA 385.

Note: Since a tank wagon is not designed and constructed under NFPA 385 criteria, it shall be towed empty on the road for transport and placement in accordance with s. ATCP 93.610(1).

(120) "Temporarily out of service" or "TOS" means a storage tank system that is not in use meets the requirements of s. ATCP 93.445(1) or 93.545(1) and is intended to be placed back into use within 24 months.

Note: Temporarily out of service does not apply to stationary tanks that are of seasonal use, such as heating fuel storage tanks.

(121) "Transfer area" means the area where product is transferred, commonly referred to as loading or unloading, between a storage tank and a transport vehicle. Transfer areas are located at terminals, as well as at end-user and intermediate vendors in the product distribution stream. The transfer area may involve loading racks, pipe stands, or direct hose-to-valve connections, and accommodate top or bottom transfer.

(121m) "Underground storage tank" or "underground tank" has the meaning given in sub. (122) unless the context requires otherwise.

(122)

(123) "Upgrade" means the addition to or retrofit of some part of a storage tank system, such as cathodic protection, leak detection, lining, or spill and overfill controls, to improve the ability of a storage tank system to prevent the release of product.

(124) "Used oil" or "waste oil" means any oil refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities; and means used cooking oils that are used as fuel for purposes such as space heating or fueling motor vehicles.

Note: See ch. NR 679 and s. 287.15, Stats., for other definitions of used oil and waste oil, and for requirements relating to those definitions, such as criteria for transporting or recycling these liquids.

(125) "Vehicle collision protection" means a structure or mechanism to protect a tank or system component from vehicle impact.

(126) "Vehicle fueling" means the process of adding motor fuel to the engine fuel supply tank for motor driven vehicles, including aircraft, watercraft, on- or off-road vehicles and vehicles on rails.

(127) "Watercraft" or "marine craft" means a vehicle designed to operate on rivers, streams or lakes for the transport of people or goods for recreation, business or commerce purposes.

(128) "Watercraft fueling" means the storage and fueling system and activities associated with shoreline fuel transfer into watercraft and aircraft while moored on the water to be fueled.