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
Subchapter V - General UST Storage and Underground Piping
Section ATCP 93.500 - General requirements

1. Any farm or residential underground storage tank system which has a capacity of less than 1,100 gallons and which is used for storing motor fuel for noncommercial purposes.

2. Any underground storage tank system which has a capacity of less than 4,000 gallons and which is used for storing heating oil for consumptive use on the premises where stored.

5. Airport fuel hydrant systems.

1. Electronic interstitial monitoring installed in new tank or pipe systems after November 1, 2019, shall have the ability to generate a printed status report and alarm history report, except as provided in subd. 2.

2. Subdivision 1. does not apply to any interstitial monitoring device for piping that automatically shuts down product flow when liquid is detected inside the secondary-containment space.

1. The integrity of the tank shall be assessed and certified by the manufacturer, or a registered professional engineer, stating that the tank still meets the construction requirements in s. ATCP 93.250. The certification and a report of the assessment shall be included in the plan review documentation for the new installation.

2. The integrity assessment required in subd. 1 shall occur after the tank has been removed.

3. The tank shall meet all the installation requirements in this chapter.

1. When any underground product piping is installed as part of a new tank system or when 50 percent or more of a run is replaced, the piping shall be provided with approved secondary containment with non-discriminating electronic interstitial monitoring, except as specified in subd. 2., sub. (1) (b), and s. ATCP 93.300 (7).

Note: Underground fill piping is included in the piping that is addressed by this subdivision.

2.

1. Secondary containment sumps provided under this subsection shall have non-discriminating electronic sensors to detect liquids located in the lowest collection point of the sump, unless approved otherwise by the department.

2. Piping that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection may not pass through the bottom of the sump.

3. All electrical conduit and wiring that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection for dispensers shall pass over the top of the sump wall rather than through the wall or bottom of the sump.

Note: This subsection recognizes existing dispenser pans, spray-on liners, brushed-on liners, formed-in-place containment products, and other effective secondary containment practices that are currently in use.

1.

2. All installation shall be in accordance with the manufacturer's instructions, the applicable national standards adopted in s. ATCP 93.200, plans and specifications approved under s. ATCP 93.100 and this chapter.

3. Tank and pipe interstitial leak detection equipment shall be tested for operability and functionality at installation.

1. Tanks shall have an air pressure and soap test performed after unloading.

2.

3. If the tank has integral secondary containment, both the primary and secondary containment shall be tested in accordance with this paragraph.

Note: The department has accepted use of the following standards in testing secondary containment under this paragraph: Steel Tank Institute Recommended Practice R012, Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks. This standard is available from the Steel Tank Institute at 644 Donata Court, Zurich, IL 60047 and Fiberglass Tank and Pipe Institute Protocol, Field Test Protocol for Testing the Annular Space of Installed Underground Fiberglass Double and Triple-Wall Tanks with Dry Annular Space. This standard is available by contacting FTPI at http://www.fiberglasstankandpipe.com.

4. Tanks may be ballasted during installation with either clean potable water or the regulated liquid that will be stored in the tank.

1. Piping shall be shown to be leak-free by testing before backfilling and after backfilling.

2. Pressure piping, or suction piping with a check valve located at the tank, shall pass a precision tightness test in accordance with s. ATCP 93.515 (4) (a) 1. before being placed into service.

3. Piping that has leak detection provided by electronic line leak detection shall have the leak detection system certified as operable by performing a functional leak test in accordance with s. ATCP 93.515 (8) (e) before the piping is placed into service.

4. Any aboveground product or vent piping that is adjacent to or in the path of motorized vehicles or equipment shall have vehicle collision protection meeting the performance requirements in s. ATCP 93.430, unless approved otherwise by the authorized agent or the department.

5. Vent piping shall meet the requirements of NFPA 30 Subchapter 27.8 except the termination height of normal vent piping for Class II and Class III liquids shall be a minimum of 4 feet above the ordinary snow line.

1. Secondary containment sumps shall be fabricated and installed in a manner that prevents release of liquids. These sumps shall be tested for leaks hydrostatically at installation, in accordance with the manufacturer's instructions and the adopted standard PEI RP 1200, except as provided in subd. 2.

2. The testing may be omitted for a sump that has continuous electronic pressure, vacuum, or liquid-filled interstitial monitoring in addition to double-wall construction, if the monitoring system is tested at installation to verify that it operates in accordance with the manufacturer's specifications.

1. Metal tanks, pipe, and fittings that have released product as a result of corrosion or other damage shall be replaced. Non-corrodible pipe and fittings that have released product shall be replaced or repaired in accordance with the manufacturer's specifications. Damaged spill basins and containment sumps shall be replaced or repaired in accordance with the manufacturer's specifications using a manufacturer-designed replacement insert or a complete factory-built, field-installed repair kit. Containment sump penetration boots shall be replaced or repaired in accordance with either manufacturer specifications or by other methods approved by the department.

2. Replacement flex connectors shall be placed within a containment sump so that it contains the entire flex connector for future accessibility and replacement.

1. Any repair to below-grade tank system components below the top of a shear valve, or to leak detection equipment that affects the capability of the leak detection system to detect a leak, shall be recorded on the department's TR-WM-136 form.

Note: Form TR-WM-136-STI SP031 Tank System Repair Report is available from the Bureau of Weights and Measures, P. O. 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/PetroleumHazStorageTanksForms.aspx.

2. A copy of the completed TR-WM-136 form shall be provided to the tank system operator.

3. The tank system operator shall have the completed TR-WM-136 form on site and available for inspection within 30 days after receiving it from the party that performed the repair, except as provided in sub. (9) (b) 2. for unattended sites.

4. Repairs that are recorded under subd. 1. because they affect the capability of the leak detection equipment to detect a leak shall be reported to the department within 15 days of the repair.

1. With a tear, crack, or hole shall be either repaired with department-approved methods to be liquid-tight or replaced with equipment meeting the criteria for new secondary containment.

2. That is repaired under subd. 1. and subsequently becomes no longer liquid-tight shall then be replaced with equipment meeting the criteria for new secondary containment.

Note: The one-time-repair limit in this section does not apply to connection boots or clamps. This section is directed instead at patches to the wall or floor of a sump, because these patches commonly have failed by delaminating.

3. That may have released product to the environment is repaired or replaced under subd. 1. or 2. or when an initial sump is installed for preexisting piping on or after November 1, 2019, an assessment shall be performed in accordance with ss. ATCP 93.580 to 93.585.

Note: See s. ATCP 93.605 (1) (g) for maintenance requirements relating to water levels in storage tanks for motor fuel dispensing facilities.

Note: See s. ATCP 93.230 (8) to (10) for additional facility maintenance requirements.

1. Except for double-walled containment with continuous electronic pressure, vacuum, or liquid-filled interstitial monitoring, all new or existing containment sumps that are part of a piping interstitial monitoring system shall be tested for leaks at least once every 3 years in accordance with one of the following methods:

2. Containment sump tightness testing shall be performed by a person with no personal or monetary interest in the facility and whose employer has no personal or monetary interest in the facility.

Note: Requests for alternate method should be submitted on the TR-WM-157 form. 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.

1. Documentation of any system repairs, alterations or upgrades, including software and hardware upgrades, and any inspections required under this chapter. These inspections include any precision tightness testing, ullage testing, or other testing that is required for determining whether a tank system component is liquid-tight or otherwise complying with this chapter.

Note: For examples of this testing, see the testing for spill-containment basins in s. ATCP 93.505 (3) (b) 1., and the tightness testing described in the Note under s. ATCP 93.510 (1) (e).

2. Documentation demonstrating conformance with leak detection requirements, and the manner in which these claims have been justified or tested by the equipment manufacturer and certified installer, including all of the following:

3. Response to and investigation of leak detection alarms.

4. Documentation maintained for all calibration, inspection, monitoring, testing, repair, and periodic performance verification of any corrosion protection equipment permanently located onsite.

5. Analysis from a corrosion expert of site corrosion potential if corrosion protection equipment is not used.

6. Records of any environmental information that has accrued for a site, such as from site inspections or investigations, phase I or II environmental site assessments, or repairs, or from tank-system site assessments conducted under ss. ATCP 93.560 to 93.585.

7. Documentation of product inventory verification at facilities that are subject to the requirements of ch. ATCP 94.

8. Results of functional testing of impact and emergency shutoff valves.

Note: See NFPA 30A section 6.3.9.1 for testing requirements.

9. Electrical continuity testing for dispensers of motor fuels that are Class I liquids.

10. One set of stamped, approved plans and specifications and a copy of the approval letter.

11. Documentation of compliance with the compatibility requirements in s. ATCP 93.680 (3) (c) 1. or (6) (c) 1. as applicable to the ethanol or biodiesel blend.

1. Operators shall maintain the required records at the site, except as provided in subds. 2. and 3. and par. (c) 11.

2. Operators of unattended sites shall make the records available for inspection at the site when given 72 hours of prior notice.

3. The approved plans and specifications and approval letter shall be kept on site and available to the authorized agent or the department during all phases of installation. After installation is completed, the approved plans and specifications and approval letter shall be made available to the authorized agent or the department upon request.

4. Records may be kept electronically, provided they are in a format acceptable to the department.

1. Monthly leak detection monitoring - one year.

2. Annual precision tightness testing - one year.

3. Periodic precision tightness testing in association with inventory control - until the next test is conducted.

4. Impressed current corrosion protection system, 60-day inspection - the previous 3 inspections.

5. Corrosion protection system, annual test - the previous 3 tests.

6. Internal inspection associated with underground tank lining - 10 years.

7. Annual performance verification of leak detection equipment and flow restrictor - 2 years.

8. Results of functional testing of impact and emergency shut-off valves and electrical continuity testing for dispensers - 2 years.

9. The owner's manual provided by the leak detection equipment manufacturer - until the leak detection system is replaced or no longer used.

10. Any tank or pipe system modification or repair - the operational life of the system.

Note: Lifetime maintenance of repair and upgrading records is required by 40 CFR 280.33 (f).

11. Inspection or testing records - 3 years or the interval between required inspections or testing, whichever is longer.

12. Tank-system site assessments and other environmental assessments, such as assessments for property transactions - 3 years after completion of any permanent closure, upgrade, repair or change in service. These records shall be maintained at one of the following locations:

13. Leak detection alarm investigation - 2 years.

14. Product inventory verification in accordance with s. ATCP 93.503, inventory control in accordance with s. ATCP 93.515 (2), or statistical inventory reconciliation in accordance with s. ATCP 93.515 (6) - 10 years.

15. One set of stamped, approved plans and specifications and a copy of the approval letter - the operational life of the system.

16. Equipment or component compatibility for ethanol or biodiesel blends under s. ATCP 93.680 (3) (c) 1. or (6) (c) 1. - the operational life of the equipment or component.

Note: All leak detection records should be retained permanently. The documentation could be helpful to exclude the site as a possible source of contamination at a later date.