1. (1) Specific approval required. Specific approval shall be obtained in writing from the department for any of the following items:

   1. (a) Any leak detection method for tanks or piping used to comply with a leak detection requirement under this chapter or federal law.
   2. (b) Flexible non-metallic piping.
   3. (c) Synthetic flexible dike liners.
   4. (d) Prefabricated dike systems with integrated collision protection.
   5. (e) Marine-craft tank vehicles.

2. (2) Discretionary approval.

   1. (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.
   2. (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. (3) Application for approval.

   1. (a) General.

      1. 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. 2. Application for approval shall include information on inspection, testing and maintenance of the product.
      3. 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.

   2. (b) Leak detection methods.

      1. 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. 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. 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.

   3. (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.

   4. (d) Synthetic flexible dike liners.

      1. 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. 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.

   5. (e) Marine-craft tank vehicles. Marine-craft tank vehicles shall be evaluated on an individual basis considering the proposed area of operation.

4. (4) Expiration of approval.

   1. (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).
   2. (b) Approvals designated as experimental are issued for a maximum term of 12 months.

   3. (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. (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:

   1. (a) Metallic flex connectors.
   2. (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.
   3. (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.
   4. (d) Work-top tanks.

   5. (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.

      Note: 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

      - See PDF for table

      *NA means not applicable

History

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (a) 1., (b) 1., (c), (d) 1. made under s. 35.17, Stats., October 2019 No. 766.