Current through August 26, 2024
(1) APPLICATION. This section applies to all
new and existing tank systems, their appurtenances, and the associated property
and facilities.
(2) ACCESS.
(a) Owners and operators of storage tank
systems shall cooperate fully with inspections, monitoring, testing and
requests for document submission conducted or required by the authorized agent
or the department.
(b) Facilities
shall have available personnel, keys, codes or other items necessary to provide
open access to sumps, dispensers, pumps or areas that contain liquid system
valves, controls, connections and fittings for the purpose of inspecting for
leaks, functionality of fire safety and leak prevention equipment or
verification of proper system operation.
Note: Section
93.08,
Stats., reads as follows:
In performing their duties or in enforcing the laws
entrusted to their administration, the department and its authorized agents may
do all of the following:
(1) Enter,
within reasonable hours, any field, orchard, garden, packing ground, building,
freight or express office, warehouse, car, vessel, vehicle, room, cellar,
storehouse, cold storage plant, packing house, stockyard, railroad yard or any
other place of business, which it may be necessary or desirable for them to
enter.
(2) Open any box, carton,
parcel, package or other receptacle, inspect the contents thereof, and, upon
payment or tender of the market value, take samples of any product or material
contained therein.
(3) Inspect
products and materials and collect and test samples of them.
(3) RELEASES.
(a) Owners and operators and contractors
performing work under this chapter may not allow releases to occur from tank
systems or dispensing systems, or from spilling or overfilling.
(b) Fuel-delivery persons may not allow
releases to result from any overfilling or spilling that occurs during their
delivery procedure.
Note: For further information on industry
practices for preventing or detecting releases with aboveground storage
systems, and for protecting groundwater, surface water and soil in the event of
a liquid release, see API Publication 340 - Liquid Release Prevention
and Detection Measures for Aboveground Storage
Facilities.
(4) SAFETY DATA SHEET. Facilities shall have
available a safety data sheet for each stored product regulated by this
chapter.
Note: The flash point as noted in the safety
data sheet will be used to resolve any disputes of the flammability or
combustibility classification for the respective liquid
product.
(5) UNITS OF
MEASURE. Units of measurement shall be traditional U.S. measures.
Note: An important unit of measure used by
this chapter is the U.S. gallon. It is equivalent to 4 U.S. quarts or 3.79
liters.
(6) DEGREASING AND
CLEANING.
(a) A Class I liquid may not be
used for degreasing or cleaning any engine, machine, part or equipment, or for
cleaning any part of a building or premises, except as provided under par.
(b).
(b) Industrial processes that
use Class I liquids for degreasing or cleaning shall incorporate a ventilation
system to reduce and maintain vapor concentration to less than 25 percent of
the lower explosive limit.
(7) SYSTEM COMPATIBILITY. Tank system
components and containment systems shall be compatible with the substance
stored in the tank system.
(8) FIRE
EXTINGUISHER MAINTENANCE. All portable fire extinguishers shall be maintained
in accordance with NFPA 10.
(9)
PROPERTY MAINTENANCE.
(a) The area around any
tank, the area around or within a secondary containment, and the dispensing or
transfer area shall be maintained free of vegetation, debris and other material
that is not necessary for the operation of the tank, leak or spill containment,
or liquid dispensing or transfer.
(b) Portable container storage shall comply
with NFPA 30 chapter 15.
(c) All
surface area within a 20-foot radius of a storage tank or dispenser shall be
maintained free of combustible material and debris, except as allowed for
public access motor vehicle fueling operations in ss.
ATCP 93.605(8) and 93.620(2).
Note: With the exception of the requirements
in ss.
ATCP 93.605(8) and 93.620(2), the ability
to maintain the combustible material free surface area addressed in this
subsection may be limited by land features, landscaping and facility management
of adjacent property owners.
(10) SYSTEM MAINTENANCE.
(a) All system equipment and components shall
be maintained to function to the manufacturer's original specifications, or in
the absence of manufacturer's specifications, the designer's or construction
contractor's original specifications, and shall be maintained to be
leak-free.
(b)
1. At least monthly, except as provided in
subd. 2., sumps and secondary containment systems for tanks, piping and
dispensers shall be inspected, and any liquids and debris contained shall be
removed.
2. Sumps with a
non-discriminating electronic sensor that detects liquid in the sump shall be
inspected at least semiannually unless more frequent inspection is required by
PEI RP500 or RP900.
(c)
Deficiencies in product lines or structural or transition components that allow
for liquid leaks or water intrusion shall be repaired or corrected.
(d) Leak detection, fill and overfill
prevention equipment shall be maintained in a functional condition.
(e) Fire and leak prevention and detection
equipment installed, but not required by the department's rules, shall be
maintained functional or be removed.
(f) Aboveground or underground storage tanks
shall be properly maintained as in-use or temporarily out of service or be
closed in accordance with s.
ATCP 93.460 or 93.560, unless the requirements in s.
ATCP 93.450 or 93.550 are met for a change in service to
store a non-regulated substance.
Note: Section
ATCP 93.115(3) (a)
7. allows the authorized agent or the
department or fire department to shut down the tank system until any breach in
the tank system is repaired or otherwise corrected.
(11) DAMAGE TO UNDERGROUND COMPONENTS.
(a) When damage has occurred to underground
pressurized tank system components or to underground vent and remote fill
lines, the affected portion of the tank system shall be removed from service,
and the following actions shall be taken before that portion of the system is
put back into service, except as provided in par. (b):
1.
a.
Perform third-party precision tightness testing of the tank system in
accordance with s.
ATCP 93.515(4) (a)
1.
b. Perform a tightness test on the tank
ullage in accordance with s.
ATCP 93.515(10).
2. Isolate system components through the use
of pressure-retaining components.
3. Perform functional operational tests of
existing monitoring equipment.
4.
Perform any additional monitoring, processes, or procedures needed to verify
system integrity.
5. Comply with
the tank-system site assessment and response requirements in ss.
ATCP 93.575 to 93.585 if a release is suspected.
6. Notify the authorized agent or the
department if the damage resulted in a release.
Note: This notification can be part of the
notice that is submitted under s.
ATCP 93.400(8)
(c) or 93.500(7) (d) when repairs are made
because of a release from an AST or UST system.
(b) The actions in par. (a) 1. to 4. are not
required where the damage is limited to dispenser system components that are
isolated from the rest of the dispenser or tank system through the use of
pressure-retaining components.
Note: In addition to these requirements, other
additional safety or environmental protection actions or repairs may be
necessary.
(12)
PRODUCT COLOR CODING FOR FILL PIPE CAPS AND MANHOLE COVERS.
(a)
General.
1. All fill pipe caps and manhole covers for
underground fuel tanks at distribution terminals, bulk plants and motor fuel
dispensing facilities shall be identified by the standard color and symbol
coding in API 1637.
2. Products
containing extenders such as ethanol shall be designated by the addition of a
black border around white symbols and a white border around other colored
symbols.
Note: Extenders or oxygenates are added to
gasoline and typically comprise a maximum of 15 percent of the fuel by
volume.
3. Vapor-recovery
connections and manholes shall be marked with orange circles.
4.
a.
Observation and monitoring wells shall be marked with a black triangle on a
white background.
b. The well shall
be provided with a durable label warning against the introduction of petroleum
products into the well.
(b)
Location of
identification.
1. The color coding
required in par. (a) shall be applied to the fill pipe cap and manhole cover or
within the spill containment.
2. At
all facilities with more than one tank, the color coding applied to the fill
cap or manhole cover shall extend at least 12 inches beyond the edge of the cap
or cover onto adjacent concrete or pavement.
Note: See s.
ATCP 93.340 for additional information on product
identification at bulk plants and
terminals.
(13) DISCONNECTING AND DISCONTINUING VAPOR
RECOVERY. Disconnecting or discontinuing use of a stage II vapor-recovery
system or a portion thereof shall comply with PEI RP300 chapter 14, be
completed within five days after it begins, and be reported to the department
on form TR-WM-122 within 15 business days after the completion.
Note: Each connection of a tank to
deactivated, unremoved vapor-recovery pipe should be capped or plugged at the
tank, if readily accessible, to minimize the potential for water intrusion from
the pipe.
Note: Form TR-WM-122 is available from the
Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at
telephone (608) 224-4942. The form is also available from the Bureau's Web site
at
http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.
(14) REMOVING WATER AND OTHER CONTAMINANTS
FROM STORAGE TANKS. Water and other contaminants shall be removed from storage
tanks in accordance with STI R111.
Note: See s.
ATCP 93.605(1) (g) for related
requirements for water in storage tanks at motor fuel dispensing
facilities.
(15) PREPARING
TANKS FOR CHANGES IN FUEL TYPE. Converting a tank from storing a different type
of liquid that is regulated by this chapter shall include complying with STI
R111.
See ss.
ATCP 93.450, 93.550, and 93.680 for related requirements
for changing the type of liquid stored in a
tank.