1. (1) Application. This section applies to all new and existing tank systems, their appurtenances, and the associated property and facilities.

2. (2) Access.

   1. (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.

   2. (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. (3) Releases.

   1. (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.

   2. (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. (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. (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. (6) Degreasing and cleaning.

   1. (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).
   2. (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. (7) System compatibility. Tank system components and containment systems shall be compatible with the substance stored in the tank system.
8. (8) Fire extinguisher maintenance. All portable fire extinguishers shall be maintained in accordance with NFPA 10.

9. (9) Property maintenance.

   1. (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.
   2. (b) Portable container storage shall comply with NFPA 30 chapter 15.

   3. (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. (10) System maintenance.

    1. (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.

    2. (b)

       1. 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. 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.
    3. (c) Deficiencies in product lines or structural or transition components that allow for liquid leaks or water intrusion shall be repaired or corrected.
    4. (d) Leak detection, fill and overfill prevention equipment shall be maintained in a functional condition.
    5. (e) Fire and leak prevention and detection equipment installed, but not required by the department’s rules, shall be maintained functional or be removed.

    6. (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. (11) Damage to underground components.

    1. (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. 1.

          1. a. Perform third-party precision tightness testing of the tank system in accordance with s. ATCP 93.515 (4) (a) 1.
          2. b. Perform a tightness test on the tank ullage in accordance with s. ATCP 93.515 (10).
       2. 2. Isolate system components through the use of pressure-retaining components.
       3. 3. Perform functional operational tests of existing monitoring equipment.
       4. 4. Perform any additional monitoring, processes, or procedures needed to verify system integrity.
       5. 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. 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.

    2. (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. (12) Product color coding for fill pipe caps and manhole covers.

    1. (a) General.

       1. 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. 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. 3. Vapor-recovery connections and manholes shall be marked with orange circles.

       4. 4.

          1. a. Observation and monitoring wells shall be marked with a black triangle on a white background.
          2. b. The well shall be provided with a durable label warning against the introduction of petroleum products into the well.

    2. (b) Location of identification.

       1. 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. 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. (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. (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. (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.

    Note: See ss. ATCP 93.450, 93.550, and 93.680 for related requirements for changing the type of liquid stored in a tank.

History

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.