Current through August 26, 2024
(1) SPECIFIC APPROVAL REQUIRED. Specific
approval shall be obtained in writing from the department for any of the
following items:
(a) Any leak detection
method for tanks or piping used to comply with a leak detection requirement
under this chapter or federal law.
(b) Flexible non-metallic piping.
(c) Synthetic flexible dike liners.
(d) Prefabricated dike systems with
integrated collision protection.
(e) Marine-craft tank vehicles.
(2) DISCRETIONARY APPROVAL.
(a) The department may require specific,
written approval in accordance with sub. (3) for use of new, unique or unproven
materials, equipment, concepts, technology or devices. This approval may
specify conditions or limitations.
(b) Any person may request specific, written
approval in accordance with sub. (3) for use of new or unproven materials,
equipment, concepts, technology or devices not specified in this
chapter.
(3) APPLICATION
FOR APPROVAL.
(a)
General.
1. Application for approval shall be made on
the department's material approval application form, TR-WM-127, and shall
include sufficient test results or other evidence from an independent 3rd party
to prove that the material, equipment, concept, technology or device meets the
requirements or the intent of this chapter.
2. Application for approval shall include
information on inspection, testing and maintenance of the product.
3. Upon receipt of a completed application,
the fee specified in Table 93.130, and all information and documentation needed
to complete the review, the department shall review and make a determination on
the application within 60 business days.
(b)
Leak detection methods.
1. The application for approval of leak
detection methods specified in sub. (1) (a) shall include certification from an
independent 3rd party that the method has been evaluated in accordance with the
applicable EPA standard test procedure for evaluating the method.
Note: EPA test protocols require precision
tightness testing for tanks to be capable of detecting a 0.1 gallon per hour
leak rate from any portion of the tank that routinely contains product when the
tank is 95 percent full, with a probability of detection of 0.95 and
probability of false alarm of 0.05. Precision tightness testing for piping must
be capable of detecting a 0.1 gallon per hour leak rate, at a pressure of 1.5
times the operating pressure, with a probability of detection of 0.95 and a
probability of false alarm of 0.05. Automatic tank gauges and all methods of
monthly monitoring must be capable of detecting a 0.2 gallon per hour leak rate
from any portion of the tank that routinely contains product with a probability
of detection of 0.95 and probability of false alarm of 0.05.
2. The test methods shall be capable of
detecting the minimum leak rate with the required probability of detection and
false alarm, while accounting for the effects of thermal expansion or
contraction of the product, vapor pockets, tank deformation, evaporation or
condensation, and the height of the water table.
3. Manufacturers of leak detection methods
shall specify what threshold leak rate is used with their test methods to
indicate a leak.
Note: Section
ATCP 93.515(5)
(b) requires automatic tank gauges to be
provided with a printer that prints out the measured leak rate, and to state
whether that leak rate indicates an actual leak in the
system.
(c)
Flexible nonmetallic piping. The application for approval of
flexible nonmetallic piping shall include certification from an independent 3rd
party that the material has been evaluated in accordance with UL 971 -
Nonmetallic Underground Piping for Flammable Liquids or an equivalent
standard.
(d)
Synthetic
flexible dike liners.
1. The
application for approval of synthetic flexible dike liners shall include
certification from an independent 3rd party that the material has been
evaluated according to a protocol acceptable to the department, along with
information on product compatibility, construction methods and specifications,
lining material specifications, field installation, seam testing procedures,
bedding specifications and any required soil cover.
2. For flexible dike liners that are not
required to have a soil cover, information and test results shall be submitted
to assess the fire hazard of the exposed liner material.
Note: NFPA 701 (Test Method 2) is an example
of an appropriate fire test.
(e)
Marine-craft tank
vehicles. Marine-craft tank vehicles shall be evaluated on an
individual basis considering the proposed area of operation.
(4) EXPIRATION OF
APPROVAL.
(a) Approvals issued under this
section are valid for a period of 3 years, with an expiration date of December
31 of the third full year after initial approval, except as provided in par.
(b).
(b) Approvals designated as
experimental are issued for a maximum term of 12 months.
(c) Approvals may be terminated at any time
the department considers them to be in noncompliance with the assumptions on
which the approval was based or with the conditions of approval.
Note: Form TR-WM-127 - Wisconsin Material
Approval Application 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) PRODUCTS REQUIRING LISTING AND
LABELING. The following products or materials shall be listed and labeled to
show compliance with a standard recognized by the department that has been
developed by a nationally recognized association or independent testing
laboratory:
(a) Metallic flex
connectors.
(b) Shop-built
aboveground and underground storage tanks used for public access fueling of
automobiles, trucks, watercraft, ATVs, snowmobiles or aircraft as specified in
s.
ATCP 93.620.
(c) Shop-built aboveground and underground
storage tanks used for fueling fleet vehicles that are licensed for public
highway use except for tank wagons, movable tanks, farm tanks and tank vehicles
as defined in this chapter and used in accordance with s.
ATCP 93.610 or 93.630.
(d) Work-top tanks.
(e) Any product or material required to be
either listed or listed and labeled by a standard adopted in ss.
ATCP 93.200
to 93.220.
Examples include required listings for dispensing devices
for Class I and II liquids under NFPA 30A section 6.3.2; aboveground tanks
under NFPA 30 section 25.3.1.4; and used-oil burners and the tanks that supply
them, under NFPA 31 section 7.5.
Table 93.130
Material Review Fees
| Fee per Review |
| Type of Review |
| Action | Chapter ATCP 93 and
Voluntary | Alternate Product | Experimental | Alternate
Standard |
| 1. New
approval | $1,000 | $1,200 | $2,000 | $1,200 |
| 2. Renewal of approval with no
changes | $750 | $900 | $1,500 | NA* |
| 3. Renewal of approval with
changes | $1,000 | $1,200 | $2,000 | NA* |
| 4. Manufacturer's request for minor revision (no
extension of approval
period) | $200 | $200 | $200 | NA* |
| 5. Manufacturer's request for major revision (new
approval period) | $1,000 | $1,200 | $2,000 | NA* |
*NA means not
applicable
