Flammable, Combustible, and Hazardous Liquids

ATCP 93.520 Corrosion protection. (1) GENERAL. (a) Where required. Vent lines, vapor lines and any portion of a single or double-wall tank system, whether new or existing, that routinely contains product and is in contact with the ground or with water shall be protected from corr…

ATCP 93.530 Tank lining of underground storage tanks. (1) GENERAL. (a) The installation of interior tank lining for underground storage tanks shall comply with API 1631 and this section. (b) An underground storage tank that does not meet the structural requirements specified in A…

ATCP 93.535 Periodic inspection and repair of lined tanks. (1) (a) The owner of a lined tank shall obtain an internal inspection of the tank lining within 5 years after the date of initial tank lining, or repair to a previously installed tank lining, and at least every 5 years th…

ATCP 93.545 Seldom-used and temporarily out of service tank systems. (1) OPERATIONAL REQUIREMENTS. When a storage tank system is placed temporarily out of service, the owner or operator shall comply with all of the following: (a) Notify the department of the registration change i…

ATCP 93.550 Change in service to store a non-regulated or a regulated substance. (1) When a tank system that held a regulated substance undergoes a change in service to store a non-regulated substance, the owner or operator shall comply with all of the following requirements: (a)…

ATCP 93.560 Tank system closure. (1) NOTIFICA(a) At least 5 business days before beginning permanent closure of a tank system, the owner or operator or designee shall notify the authorized agent or the department of the intended closure on form TR-WM-121, except a shorter notific…

ATCP 93.565 Abandoned tank system closure. (1) GENERAL. Tank systems that are abandoned with or without product shall be closed within 60 days of non-compliance with s. ATCP 93.545 or in-use tank system requirements. (2) EXCEPTIONS. Abandoned tank systems that are less than 30 ye…

ATCP 93.570 Conditions indicating a release. The owner or operator of a storage tank system shall follow the procedures in s. ATCP 93.575 when any of the following conditions exist or when ordered to do so by the department: (1) OPERATING CONDITIONS. Unusual operating conditions …

ATCP 93.575 Tank-system integrity assessment. (1) GENERAL. The owner or operator shall assess all suspected or obvious releases in accordance with sub. (2) within 7 business days of discovery of any of the conditions described in s. ATCP 93.570, unless any of the following condit…

ATCP 93.580 Tank-system site assessment. (1) GENERAL. When a tank-system site assessment is required by this chapter, or when directed by the department, the owner or operator shall have the site evaluated for the presence of a suspected or obvious release in accordance with sub.…

ATCP 93.585 Responding to a leak, spill, overfill or release. (1) GENERAL. (a) Leaks. Immediately upon discovery of any evidence of a leak from a tank system or dispensing system, the owner or operator or any contractor performing work under this chapter shall take all measures n…

ATCP 93.600 Applicability. This subchapter applies to all new and existing motor fuel dispensing facilities, except where specified otherwise.

ATCP 93.605 General fuel dispensing requirements. (1) STANDARDS AND INSPECTIONS. (a) General. Periodic and annual inspections and maintenance shall be conducted in accordance with PEI RP500 and RP900, except that PEI RP 900, Section 6, Daily UST Inspection Checklist items may be …

ATCP 93.610 Fuel dispensing systems using aboveground mobile tanks. (1) TANK WAGONS. (a) General. Tank wagons shall be constructed and used in accordance with this subsection. the chapter was last published. ATCP 93.610 WISCONSIN ADMINISTRATIVE CODE Note: In accordance with s. AT…

ATCP 93.615 Fuel dispensing systems using aboveground fixed tanks. (1) GENERAL. Aboveground fixed-tank fuel dispensing facilities shall comply with NFPA 30, NFPA 30A, PEI RP200, ss. ATCP 93.445 to 93.470, and this section. (2) DURATION OF USE. There is no limit on the duration of…

ATCP 93.620 Public access motor vehicle fueling operations. (1) GENERAL. (a) Public access fueling operations shall follow the operational requirements of NFPA 30A and this section. (b) When the product dispensed from a tank system is changed from a Class I liquid to a Class II o…

ATCP 93.630 Fuel storage and dispensing at farms and construction projects. (1) GENERAL. (a) Aboveground tanks. This section applies to aboveground storage tank systems for fueling operations at a farm premises or construction project. (b) Limitations on location and type of use.…

ATCP 93.640 Watercraft, snowmobile and ATV fueling. (1) GENERAL REQUIREMENTS. (a) General. Use of aboveground storage tank systems and fueling operations for watercraft, snowmobiles, and ATVs shall comply with NFPA 30A chapter 11, the requirements for dispensing systems in s. ATC…

ATCP 93.650 Aircraft fuel dispensing. (1) GENERAL Fueling operations for aircraft shall follow the requirements in s. ATCP 93.610 (3) or 93.615, NFPA 407, NFPA 418, and this section. (2) SETBACKS. (a) Aboveground tanks used for public access fueling shall be at least 30 feet from…

ATCP 93.660 Racetrack and amusement vehicle fueling operations. (1) Racing vehicles and amusement ride vehicles with integral internal combustion engines shall follow the requirements of this section. (2) The fuel tanks of racing vehicles shall be filled from safety cans or a fix…

ATCP 93.680 Alternative motor fuels. (1) APPLICATION. (a) All storage or dispensing systems for fuel consisting of more than 10 percent ethanol by volume shall comply with subs. (2) to (4) and DOE/GO-102016-4854. (b) All storage or dispensing systems for fuel consisting of more t…

ATCP 93.700 Applicability. (1) This subchapter applies to owners and operators of any of the following storage tank systems, whether new or existing, that are in-use, seldom-used or temporarily out of service: (a) Petroleum underground storage tank systems. (b) Petroleum abovegro…

ATCP 93.703 Definitions. In this subchapter: (1) XAccidental releaseY means any release of petroleum arising from operating a storage tank system that results in a need for corrective action or compensation for bodily injury or property damage neither expected nor intended by the…

ATCP 93.705 Amount and scope of required financial responsibility. (1) Owners or operators of petroleum storage tank systems within the scope of this subchapter shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily i…

ATCP 93.707 Allowable mechanisms and combinations of mechanisms. (1) Subject to the limitations of subs. (3) and (4), an owner or operator may use any one or combination of the mechanisms listed in ss. ATCP 93.710 to 93.735 to demonstrate financial responsibility under this subch…

ATCP 93.710 Financial test of self-insurance. (1) To use the financial test of self-insurance to meet the financial responsibility requirements of s. ATCP 93.705, an owner or operator, or guarantor, or both, shall meet the criteria of either sub. (2) or (3) based on year-end fina…

ATCP 93.713 Guarantee. (1) To use a guarantee to meet the financial responsibility requirements of s. ATCP 93.705, an owner or operator shall obtain a guarantee that conforms to the requirements of this section. The guarantor shall be a firm that is engaged in a substantial busin…

ATCP 93.715 Insurance and risk retention group coverage. (1) To use insurance and risk retention group coverage to meet the financial responsibility requirements of s. ATCP 93.705, an owner or operator shall obtain liability insurance that conforms to the requirements of this sec…

ATCP 93.717 Surety bond. (1) To use a surety bond to meet the financial responsibility requirements of s. ATCP 93.705, an owner or operator shall obtain a surety bond that conforms to the requirements of this section. The surety company issuing the bond shall be listed as an acce…

ATCP 93.720 Letter of credit. (1) To use a letter of credit to meet the financial responsibility requirements of s. ATCP 93.705, an owner or operator shall obtain an irrevocable standby letter of credit that conforms to the requirements of this section. The issuing institution sh…

ATCP 93.723 Trust fund. (1) To use a trust fund to meet the financial responsibility requirements of s. ATCP 93.705, an owner or operator shall establish a trust fund that conforms to the requirements of this section. The trustee shall be an entity that has the authority to act a…

ATCP 93.725 Standby trust fund. (1) (a) An owner or operator using any one of the mechanisms authorized by s. ATCP 93.713, 93.717, or 93.720 shall establish a standby trust fund when the mechanism is acquired. (b) The trustee of the standby trust fund shall be an entity that has …

ATCP 93.727 Local government bond rating test. (1) (a) To use the bond rating test to meet the financial responsibility requirements of s. ATCP 93.705, a general purpose local government owner or operator or local government serving as a guarantor shall have a currently outstandi…

ATCP 93.730 Local government financial test. (1) To use a financial test to meet the financial responsibility require- ATCP 93.730 ments of s. ATCP 93.705, a local government owner or operator shall pass the financial test specified in this section. To be eligible to use the fina…

ATCP 93.733 Local government guarantee. (1) To use a guarantee to meet the financial responsibility requirements of s. ATCP 93.705, a local government owner or operator shall obtain a guarantee that conforms to the requirements of this section. The guarantor shall be either the s…

ATCP 93.735 Local government fund. (1) (a) To use a local government fund to meet the financial responsibility re- the chapter was last published. 85 AGRICULTURE, TRADE AND CONSUMER PROTECTION quirements of s. ATCP 93.705, a local government owner or operator shall establish a de…

ATCP 93.737 Substitution of financial assurance mechanisms by owner or operator. (1) An owner or operator may substitute any alternate financial assurance mechanisms as specified in this subchapter, provided that at all times an effective financial assurance mechanism or combinat…

ATCP 93.740 Cancellation or nonrenewal by a provider of financial assurance. (1) (a) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. (…

ATCP 93.743 Reporting by owner or operator. (1) GENERAL. The owner or operator of a petroleum storage tank subject to financial responsibility requirements under the scope of this subchapter shall submit a copy of the applicable forms listed in s. ATCP 93.745 (2) documenting curr…

ATCP 93.745 Record keeping. (1) (a) Owners or operators shall maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this subchapter until released from the requirements of this subchapter under s. ATCP 93.750. (b) An owner or o…

ATCP 93.747 Drawing on financial assurance mechanisms. (1) (a) The department shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the department, up to the limit of funds provided by the financial assurance mec…

ATCP 93.750 Release from the requirements. An owner or operator is no longer required to maintain financial responsibility under this subchapter for a storage tank after the tank has been permanently closed or, if corrective action is required, after corrective action has been co…

ATCP 93.753 Bankruptcy or other incapacity of owner or operator or provider of financial assurance. (1) Within 10 days after commencement of a proceeding under Title 11, U.S. Code, naming an owner or operator as debtor, the owner or operator shall notify the department by certifi…

ATCP 93.755 Replenishment of guarantees, letters of credit, or surety bonds. (1) If at any time after a standby trust is funded upon the instruction of the department with funds drawn from a guarantee, letter of credit, or surety bond, and the amount in the standby trust is reduc…

ATCP 93.800 Purpose. The purpose of this subchapter is to implement the operator-training requirements issued by the U.S. environmental protection agency in response to the federal Energy Policy Act of 2005. Note: The EPA operator-training requirements are available through the f…

ATCP 93.805 Scope. This subchapter applies to all underground storage tank systems that are required by s. ATCP 93.145 to have a permit to operate from the department. Note: This subchapter generally does not specify operation or maintenance requirements. For applicable operation…

ATCP 93.810 Definitions. In this subchapter: (1) XClass A operatorY means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements. The Class A operator typically manages resources and personnel, such as estab…