1. (1) General.

   1. (a) Prior to delivery, the operator of the fuel delivery equipment that is transferring the product shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank.
   2. (b) The transfer operation shall be monitored constantly by the operator of the delivery equipment so as to prevent overfilling and spilling.

2. (2) Equipment. All underground storage tank systems, whether new or existing, shall meet all of the following requirements except par. (a) 1. a. does not apply to containment that was installed before February 1, 2009, and par. (a) 3. does not apply to containment that was installed before November 1, 2019:

   1. (a) Spill prevention. A liquid-tight containment basin that meets all of the following requirements shall be provided on top of the tank, where connections are made for product fill piping:

      1. 1.

         1. a. The basin shall have a capacity of at least five gallons.
         2. b. The basin shall be fabricated and installed in a manner that prevents release of liquids.
      2. 2. The basin shall be equipped with either a drain system that directs spilled product into the tank or a mechanism to pump product out of the basin.

      3. 3.

         1. a. The basin shall be tested for leaks hydrostatically at installation in accordance with any manufacturer’s instructions, and the adopted standard PEI RP 1200, except as provided in subd. 3. b.
         2. b. The testing in subd. 3. a. may be omitted for a spill containment basin that has continuous electronic pressure, vacuum, 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.

   2. (b) Overfill prevention.

      1. 1. Overfill prevention equipment shall be provided that will operate as follows unless approved otherwise in writing by the department:

         1. a. Alert the transfer operator when the tank is no more than 90 percent full by triggering an audible and visual high-level alarm.

         2. b. Automatically shut off the flow of liquid into the tank when the tank is no more than 95 percent full, if the tank uses tight-connect delivery.

            Note: Retrofit equipment is available which complies with these requirements and which can be installed in a tank without removing pavement. See PEI RP100 section 7.3.2 for description of how the contents of the delivery hose can be drained into the tank after an automatic shutoff valve closes.

      2. 2. Overfill prevention equipment shall be tested before it is placed into service and annually to ensure it is set to activate at the level specified in subd. 1. and that it will activate when the contained liquid reaches that level. This testing shall be performed in accordance with manufacturer’s instructions and the adopted standard PEI RP 1200.

         Note: API RP 1007, Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles, is a guideline for use by truck drivers and other personnel that includes specific steps for unloading tank trucks into underground and aboveground tanks in a safe and efficient manner which protects the environment. It is available at http://publications.api.org.

3. (3) Maintenance.

   1. (a) All new and existing spill and overfill protection shall be maintained to perform as originally intended.

      Note: Under s. ATCP 93.585 (2) (b), fuel-delivery persons must immediately inform the owner or operator of any spilling or overfilling which occurs during the delivery procedure and which may result in or be a release. Requirements for the owner or operator to report, investigate and clean up any spills and overfills are contained in ss. ATCP 93.575 to 93.585.

   2. (b)

      1. 1. All new or existing spill-containment basins shall be tested for leaks at least once every 3 years in accordance with one of the following methods:

         1. a. Methods prescribed in s. ATCP 93.500 (6) (d).
         2. b. A code of practice developed by a nationally recognized association or independent testing laboratory.
         3. c. Other method approved by the department.
      2. 2. The testing in subd. 1. may be omitted for a spill containment basin that has continuous electronic pressure, vacuum, 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.
      3. 3. Spill-containment basin 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.
      4. 4. Any spill-containment basin with a tear, crack, or hole shall be replaced with equipment meeting the criteria for new spill containment.
      5. 5. When a spill-containment basin replaced under subd. 2. has an obvious or suspected release or when an initial basin is installed on a preexisting tank on or after November 1, 2019, an assessment shall be performed in accordance with ss. ATCP 93.580 to 93.585.

History

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (intro.), (a) 3., (3) (b) 1. (intro.), 2. made under s. 35.17, Stats., and correction in (2) (intro.), (3) (b) 5. made under s. 13.92 (4) (b) 14., Stats., Register October 2019 No. 766.