(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 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.
(2) REGISTRATION DEADLINES AND RESPONSIBLE
PARTY.
(a) The owner of a newly installed
storage tank shall have the tank registered with the department in accordance
with sub. (3) within 15 business days of completion of the installation.
Note: See s.
ATCP 93.150
for the deadline and other procedures for notifying the department of a change
in ownership for a registered storage tank.
(b) An owner of a registered tank who changes
their name or mailing address, or an owner of a registered tank at a facility
that undergoes a name change, shall have the change registered with the
department on form TR-WM-118, TR-WM-137, or TR-WM-153, as provided by the
department, within 15 business days of the change.
Note: Form TR-WM-118- Aboveground
Flammable/Combustible/Hazardous Liquid Storage Tank Registration, form
TR-WM-137 - Underground Flammable/Combustible/Hazardous Liquid Storage Tank
Registration, and form TR-WM-153 - Change of Ownership,
Flammable/Combustible/Hazardous Liquid Storage Tank Registration are available
from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911,
or at telephone (608) 224-4942. Forms TR-WM-118 and TR-WM-137 are also
available from the Bureau's Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
(c) The owner of a registered tank system
that undergoes any of the following changes or modifications shall have the
change or modification registered with the department in accordance with sub.
(3) (a) and (c) or (d) within 15 business days of completion of the change or
modification:
1. Change in service, where the
subsequent service is storing a regulated substance or when changing service
from one regulated substance to another.
2. Addition of leak detection, spill or
overfill control or corrosion protection for any part of the system; or
upgrade, exchange or conversion of installed leak detection methodology to
another approved methodology or manufacturer.
3. Converting to point-of-sale
fueling.
(d) The owner of
a tank system that is undergoing conversion to being either temporarily out of
service or back in service shall have the change registered with the department
in accordance with sub. (3) (a) within 15 business days of the
change.
(e) The owner of land on
which unregistered tanks are discovered, including any that are permanently
closed, shall have the tanks registered with the department in accordance with
sub. (3) (a) and (b) within 15 business days of discovery.
Note: See s.
ATCP 93.400(6)
(c) for registration requirements that apply
when an AST is relocated to a property with a different street address.
Note: See s.
ATCP 93.450 or 93.550(1) (e) for registration requirements
that apply when an AST or UST, respectively, is changed from storing a
regulated substance to storing a non-regulated substance.
Note: See s.
ATCP 93.460(4) or 93.560(2) (d) for
registration requirements that apply during permanent closure or removal of an
AST or UST system, respectively.
Note: See s.
ATCP 93.530(2) (f) for registration
requirements that apply when a UST lining is
installed.
(3)
REGISTRATION PROCEDURE.
(a)
General. A storage tank registration form, form TR-WM-118 or
TR-WM-137, shall be completed, signed by the owner and submitted to the
department, for each tank which stores regulated substances and which is not
exempted in sub. (1).
Note: Form TR-WM-118 - Aboveground
Flammable/Combustible/Hazardous Liquid Storage Tank Registration and TR-WM-137
- Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration
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.
(b)
Proof of financial
responsibility. For a tank owner meeting any of the conditions in sub.
(2) (a) and (e), except for permanently closed tanks, proof of any required
financial responsibility and an affidavit of financial responsibility, in
accordance with subch. VII, shall be submitted with the registration form.
Note: See s.
ATCP 93.700(1) for the types of tanks that
must have financial responsibility. See s.
ATCP 93.745(2)
(j) for requirements for an affidavit of
financial responsibility.
(c)
Tank installation checklist and
tests.1. Submittal of a registration
form for a newly installed shop-built tank system, or for a registered
shop-built tank system addressed in sub. (2) (c), shall include the original of
the tank installation inspection checklist, form TR-WM-120 or TR-WM-138, as
completed by the certified tank system inspector under s.
ATCP 93.115(2) (b)
4., except as specified in par.
(d).
2. Submittal of a registration
form for a newly installed UST system shall include the results of the
installation tests required in s.
ATCP 93.500(6).
(d)
Exceptions. In the
following circumstances, the specified documents shall be submitted instead of
form TR-WM-120 or TR-WM-138:
1. `Newly
installed aboveground tanks storing federally regulated hazardous substances.'
Submittal of a registration form for an aboveground tank which stores federally
regulated hazardous substances shall include a statement from the qualified
engineer responsible for designing and overseeing the construction of the tank
system. The statement shall include the name, business address and signature of
the qualified engineer and a summary list of design standards used.
Note: The list of federally regulated
hazardous substances referred to in this subdivision, also known as the CERCLA
List, is located in
40 CFR
302.4, Table 302.4.
2. `Conversion to point-of-sale fueling.'
Where conversion to point-of-sale fueling is the only change at a facility,
submittal of the registration form shall include the POS fueling installation
form, TR-WM-130, completed under s.
ATCP 93.100(3) (a)
5. b.
3. `Upgrade, exchange or conversion of
installed leak detection methodology to another approved methodology or
manufacturer.' Where upgrade, exchange or conversion of installed leak
detection methodology to another approved methodology or manufacturer is the
only change at a facility, submittal of the registration form shall include the
leak detection installation form, TR-WM-133, completed under s.
ATCP 93.100(3) (a)
5. c.
4. `Conversion to storage and dispensing of
alternative motor fuels.' Where conversion to storage and dispensing of
alternative motor fuels is the only change at a facility, submittal of the
registration form shall include Part II of form TR-WM-132, as completed by the
tank owner under s.
ATCP 93.100(3) (a)
5. d.
