(1) GENERAL.
(a) Plan review and written approval from the
authorized agent or the department shall be obtained before any of the
following activities are performed on storage tank systems used to store a
regulated substance, except where exempted under par. (b):
1. Commencing any construction of new or
additional tank or piping installation.
2. Changing the operation of a tank system
from storage of a non-regulated substance to a regulated substance.
3. Adding or modifying tank or pipe corrosion
protection.
4. Adding leak
detection or modifying leak detection as specified in s.
ATCP 93.110(3) (e) when performed in conjunction with other
changes that require plan review. A certified installer is not required to
perform the modification of leak detection.
Note: Under sub. (3) (a) 5. c., the
department's leak detection installation form, TR-WM-133, must be filled out
and submitted anytime leak detection equipment is added or modified, whether or
not plan review is required. This form is 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
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
5. Upgrading or modifying spill or overfill
protection, except this requirement does not apply where drop tube overfill
protection is added or modified for existing underground fill piping that drops
vertically into a tank.
6. Lining
or relining of underground tanks.
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, TR-WM-130, and shall provide the form to the authorized agent or the
department, for inspection of the system.
Note: Form TR-WM-130 is available from the
Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at
telephone (608) 224-4942,
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
8.
a.
Converting from the storage and dispensing of flammable or combustible liquids
containing 10 percent or less ethanol by volume to liquids containing more than
10 percent ethanol by volume.
b.
Converting from the storage and dispensing of flammable or combustible liquids
containing 5 percent or less biodiesel fuel by volume to liquids containing
more than 5 percent biodiesel fuel by volume.
9. Using a tank system to store a substance
that poses a significant fire hazard or safety hazard to people or the
environment due to material compatibility, equipment functionality or product
characteristics, as determined by the authorized agent or the department, or
fire department.
10. Adding or
modifying any device or system component making an underground connection to a
tank, product pipe or vent pipe.
(b) Plan review and approval is not required
for any of the following:
1. Oil-burning
installations for a 1- or 2-family dwelling which are located aboveground or in
a basement, and which have a capacity of less than 1,100 gallons.
2. Integral fuel supply tanks of a motor
vehicle, aircraft, watercraft, mobile power plant or mobile heating
plant.
3. Aboveground tanks which
have a capacity of less than 1,100 gallons and which store Class IIIB liquids
other than used oil.
4.
Reconfiguration of product piping that is located aboveground, from storage
tanks supplying a regulated substance to a manufacturing, industrial or
blending process.
5. Tank wagons,
tank vehicles, or movable tanks that are used for vehicle fueling operations
under subch. VI.
6. Aboveground
tank systems that store hazardous liquids which are not also flammable or
combustible liquids, if the construction is supervised by a qualified engineer.
Note: See s.
ATCP 93.140 for
registration requirements for tanks that store federally regulated hazardous
substances. Section
ATCP 93.350
requires aboveground hazardous substance tank systems to be designed by a
qualified engineer.
7.
Portable tanks that are not used as fixed tanks.
8. Tanks that are located at an EPA superfund
site.
9. Aboveground tanks which
are used at a farm premises or construction project in accordance with s.
ATCP 93.630, and which meet all of the following
conditions:
a. Have a capacity of less than
1,100 gallons.
b. Are located at
least 40 feet from either the buildings and structures listed in s.
ATCP 93.630(2) (a), or important buildings
or structures.
Note: See s.
ATCP 93.630(3) for administrative
requirements for ASTs located at farms and construction
projects.
10.
Fuel supply tanks which are used for a mobile power plant or mobile heating
plant and which meet all of the following requirements:
a. The tank system is built and operated in
accordance with a national standard.
b. The tank system is intended to be at the
site for a period of 24 months or less.
c. The tank system has an aggregate capacity
of less than 1,100 gallons.
d. The
tank system does not use any Class I liquids.
11. Where the department determines that the
review of a specific application, modification or contractor activity would not
meet the regulatory oversight objective for technical plan review and
approval.
(c)
Notwithstanding pars. (a) and (b), if the department determines that the review
of a specific application, modification or special equipment meets the
regulatory oversight objective of this chapter, a plan review and written
approval from the authorized agent or the department shall be obtained.
(2) PLANS,
SPECIFICATIONS AND INFORMATION. Plans, specifications and information submitted
to the authorized agent or the department for review and approval shall contain
all of the following:
(a) Plans that are clear
and legible and submitted per department requirements along with fees and a
completed installation application.
(b)
1. The
name of the owner.
2. The name of
the person, firm or corporation proposing the installation, if other than the
owner.
3. The address of the
facility, including the names of adjacent streets and highways.
(bm) A statement summarizing the
scope of the project.
(c)
1. A plot plan, drawn to a minimum scale of
one inch equals 20 feet, indicating the location of the installation with
respect to property lines; adjoining streets or alleys; fences, including those
installed over or through any part of the system; and other buildings on the
same property. The plot plan shall indicate the location of buildings; other
tanks; loading and unloading points; utilities; sanitary or storm sewers; water
mains; water service piping; community and private potable water wells or other
potable water source on the subject property; any private potable water wells
on adjacent property that are within 100 feet of the tank, piping or dispenser;
and any offsite community wells that are within 1,200 feet of the tank, piping
or dispenser.
1m. For installations
where cathodic protection will be installed, buried metal underground
structures and components within 200 feet, such as culverts and guy wire anchor
points, should be included in the plot plan.
Note: See s.
ATCP 93.260 for minimum separating distances between tank
systems and potable water supply sources.
Note: Chapter
NR 116 requires municipalities to
prohibit any storage of materials that are buoyant, flammable, explosive or
injurious to animal, plant or aquatic life, in floodway areas of
floodplains.
2. The class of
construction of each building or room in a building that contains a storage
tank shall also be indicated.
(d) The location, size and capacity of each
tank and the following information on the contents of the tank:
1. The name of the stored liquid.
2. The flammability or combustibility
classification of the stored liquid.
Note: Flammability and combustibility
classifications are established in NFPA 30 sections 4.3.1 and 4.3.2, and are
expressed as a Roman numeral and a letter, such as IB or IIIA.
3. Whether the stored liquid is classified in
any of the following hazard categories as defined in the applicable model fire
code adopted by reference under ch. SPS 314:
a. Explosive or pyrophoric.
b. Oxidizer or organic peroxide.
c. Unstable or water reactive.
d. Toxic or highly toxic.
e. Cryogenic or corrosive to living tissue.
(e) The
location of all piping runs and spacing between all tanks and piping.
(f) The type of tank supports and clearances,
including clearances between tanks.
(g) The type of venting and pressure relief
used and combined capacity of all venting and relief valves on each aboveground
tank.
(h) The location of fill,
gauge and vent pipes and other openings for the tank.
(i) The location of burners, tanks, pumps,
piping and control valves and the relative elevations of any areas within the
building where heavier-than-air vapors can accumulate.
(j) The distances to dispensers, sizes of
islands and traffic flow patterns or vehicle routes around or through the
facility.
(k) Information and
specifications describing the design and placement of leak detection systems.
(l)
1. Information regarding the type and
operation of corrosion protection systems for tanks and piping.
2. For impressed current systems, the
location and materials of gas mains and gas service lines serving the
facility.
(m)
Information regarding the type of secondary containment system.
(n) Specifications describing the spill and
overfill protection devices.
(o)
Information regarding the compatibility of the tank and piping system with the
regulated substance.
(p) A copy of
any easement that reflects any property not owned by the system operator on
which any portion of the system is located or any vehicle is parked while
transferring product.
(q) Any
material-approval numbers issued under s.
ATCP 93.130.
(r) Information and specifications, including
manufacturer's model numbers on materials, equipment and devices to be used in
the project which do not have material-approval numbers issued under s.
ATCP 93.130 and which have a direct impact on the regulated
system.
Note: Examples of this equipment include
valves, nozzles and hoses.
(s) Additional data and information regarding
storage of regulated substances within buildings or enclosures to demonstrate
compliance with the requirements of this chapter.
(t) Any other information necessary for the
reviewer to determine code compliance.
(3) APPLICATION AND APPROVAL PROCESS.
(a)
Submission of forms.
1. 'General.' The department's installation
application form, TR-WM-126, shall be completed and included with each
application for approval, except as provided in subd. 5.
2. 'POS fueling.' For facilities that include
dispenser point-of-sale fueling, the first page of the department's POS fueling
installation form, TR-WM-130, shall also be completed and submitted.
3. 'Leak detection.' For facilities that
include leak detection installation during the overall installation process,
the first page of the department's leak detection installation form, TR-WM-133,
shall also be completed and submitted.
4. 'Alternative fuel.'
a. For facilities that include fuel
consisting of more than either 10 percent ethanol or 5 percent biodiesel by
volume, as regulated under s.
ATCP 93.680, Part I of the department's alternative fuel
installation/conversion application form, TR-WM-132, shall be completed and
submitted for approval. Part II shall serve as an addendum to the inspection
checklist.
b. If the component or
equipment manufacturer verifies the compatibility of the equipment, the
verification shall be in writing, indicate an affirmative statement of
compatibility, and specify the range of biofuel blends with which the component
is compatible.
5.
'Exceptions.'
a. For aboveground storage
tanks that have a capacity of less than 1,100 gallons, at a farm premises or
construction project, the department's farm and construction AST installation
notification form, TR-WM-124, shall be completed and submitted as notification
to the authorized agent or the department at the time of installation
inspection. This form shall also serve as the plan submittal application and
the installation checklist.
b.
Where conversion to point-of-sale fueling is the only change at a facility, the
department's POS fueling installation form, TR-WM-130, shall be completed and
submitted to the authorized agent or the department at least 10 days prior to
conversion. This form shall also serve as the plan submittal application and
the installation checklist.
c.
Where an upgrade, exchange or conversion of installed leak detection
methodology to another approved methodology or manufacturer is the only change
at a facility, the department's leak detection installation form, TR-WM-133,
shall be completed and submitted to the department within 5 days of
installation. This form shall also serve as the plan submittal application and
the installation checklist.
d.
Where conversion to storage and dispensing of alternative motor fuels is the
only change at a facility, Part I of the department's alternative fuel
installation/conversion application form, TR-WM-132, shall be completed and
submitted to the department prior to conversion. Part I shall serve as the plan
submittal application and Part II as the installation checklist.
Note: Forms TR-WM-124 - Farm and Construction
Aboveground Storage Tank Installation Notification, TR-WM-126
-Flammable/Combustible/Hazardous Liquid Tanks Installation Application,
TR-WM-130 - Point-of-Sale Fueling Installation Notification, TR-WM-132 -
Storage Tank Alternative Fuel Installation/Conversion Application, and
TR-WM-133 - Storage Tank Leak Detection Installation or Upgrade Application 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
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
Note: Within a 1st class city, the provisions
in subdivision paragraphs c. and d. may be administered by that city instead of
the department, as authorized in ss.
ATCP 93.020(8)
(b) and 93.110(3) and (4). As of November 1,
2019, only the City of Milwaukee is a 1st class city.
(b)
Review
time. The authorized agent or the department shall review and make a
determination on an application for installation approval and plan review
within 20 business days of receiving all of the required information and fees.
If an applicant does not respond to a request by the department for additional
information within 6 months after the date of the request, the department shall
make a determination on the application based upon the information on hand.
Note: Section
ATCP 93.1605 addresses fees associated with ch. ATCP 93
plan submittal, review, and inspection.
Note: Section
ATCP 93.1605 authorizes double fees when construction is
initiated without the required plan approval.
(c)
Conditional approval.
1. If the authorized agent or the department
determines that the plans and the application substantially conform to the
provisions of this chapter, a conditional approval shall be granted in
writing.
2. All conditions stated
in the conditional approval shall be met before or during construction or
installation.
3. A conditional
approval issued by the authorized agent or the department is not an assumption
of any responsibility for the design, construction or maintenance of the
facility.
Note: Various sections of this chapter address
the responsibilities that contractors have, under s.
168.22(1),
Stats., in achieving compliance with the technical requirements of this
chapter, after plans and specifications are approved. For example, s.
ATCP 93.115(2) (b)
2. a. has requirements about completing a
pre-construction installation form, and meeting then with an inspector; s.
ATCP 93.115(2) (b)
3. has requirements about notifying an
inspector before starting an installation; ss.
ATCP 93.400(5)
(b) and 93.500(6) (a) have requirements about
installing aboveground and underground tank systems according to the
manufacturer's instructions, the applicable national standards in s.
ATCP 93.200, plans and specifications approved under s.
ATCP 93.100 and this chapter; ss.
ATCP 93.400(5)
(f) and 93.500(6) (d) have requirements about
completing a checklist during installation of aboveground and underground tanks
or piping; and s.
ATCP 93.500(9) (a)
2. has requirements about documenting the
performance of newly installed leak detection equipment. Contractors also have
compliance responsibilities under various other sections, such as notifying an
inspector about installing small tanks at farms and construction sites, in s.
ATCP 93.630(3) (c); notifying an inspector
about converting a dispensing facility to a point-of-use dispenser, in s. ATCP 93.100(1) (a) 7.; performing tank linings for underground tanks, in s.
ATCP 93.530; applying for approval to convert an installed
tank system to store alternative fuel, in s.
ATCP 93.680; not allowing releases to occur, in s.
ATCP 93.230(a); stopping leaks and
preventing migration of free product into the environment, in s.
ATCP 93.585(1); reporting releases to the
department of natural resources, in s.
ATCP 93.585(2); and cleaning or removing
tanks during closure, in ss.
ATCP 93.315(2) and 93.560(2).
Note: Section
ATCP 93.115(2) (b)
4. addresses the responsibility of the
authorized agent or the department to inspect installation of shop-built tanks
and to record the results on the installation checklist.
(d)
Plan sets.
1. A letter shall be sent to the designer and
the owner of record with a statement relating to the examination of the plans
and specifications and citing the conditions of approval or denial.
2. The plans and specifications shall be
dated and stamped either "Conditionally Approved" or "Not Approved."
3. For all projects reviewed by the
department, the department shall retain 2 copies of the plans and
specifications and shall forward one copy of the plans and specifications, the
approval letter, and the installation application to the corresponding LPO if
there is one.
4. The remaining 2
sets of plans and specifications and the approval letter shall be returned to
the person designated on the installation application.
Note: Under ss.
ATCP 93.400(11)
(b) and 93.500(9) (b), the approved plans and
specifications and approval letter must be kept on site and available to the
authorized agent or the department during all phases of installation. After
installation is completed, the plans and specifications and approval letter
must be made available to the authorized agent or the department upon
request.
(e)
Plan denial. If the authorized agent or the department
determines that the plans and specifications or application do not
substantially conform to the provisions of this chapter, the application shall
be denied in writing, specifying the reasons for denial.
(f)
Appeals. In the event of
a dispute as to whether the information submitted to an authorized agent shows
compliance with the provisions of this chapter, the application may be
submitted to the department for informal review, instead of filing a formal
appeal under s.
ATCP 93.190, and the decision of the department shall then
govern.
(4) PLAN
CHANGES.
(a)
Submittal as new
installation. Additions or modifications to systems that occur or
become known after the closing of the excavation or commencement of system
operation shall be submitted for review as a new installation.
(b)
Submittal as a revision.
1. Additions or modifications which deviate
from the original conditionally approved plans and specifications and which are
made before closing the excavation or commencement of system operation shall be
submitted for plan review and approval as a revision.
2. The replacement of parts or components
shall be submitted for plan review and approval as a revision, unless they will
be identical in function to the previously approved parts or components, and
they will be in the identical location of the previously approved parts or
components.
Examples of modifications that require plan review as a
revision include changes in tank placement, size of tank, length or direction
of piping run, additional system components, and changes in monitoring
equipment. The department will determine if the number and importance of items
submitted for revision would be addressed more appropriately through a new plan
submittal.
