Wisconsin Administrative Code

ATCP 93.350 Hazardous substances. (1) SCOPE AND APPLICATION. (a) General. 1. This section applies to tanks that store, handle, or use liquids which are federally regulated hazardous substances, in any concentration of 1 percent or more by volume, for the purpose of protecting the…

ATCP 93.360 Storage of Class IA flammable liquids. (1) All storage, whether new or existing, of Class IA flammable liquids with a Reid vapor pressure not exceeding 25.3 psig (40 psia) and a boiling point of less than 100o F shall comply with the applicable requirements of NFPA 30…

ATCP 93.370 Emergency shutoff for transfers. (1) An emergency electrical shutoff shall be installed in accordance with NFPA 30A section 6.7 on any new or existing system that provides for the transfer of product from a fixed storage tank system to a tank vehicle rail tank car or …

ATCP 93.400 General requirements. (1) ABOVE(a) General. Tanks designed and built for underground use may not be used aboveground. (b) Tanks for Class I, II, or IIIA liquids. Tanks used for aboveground storage of Class I, II, or IIIA liquids shall comply with the tank construction…

ATCP 93.410 Spill and overfill prevention. (1) (a) All aboveground storage tanks, whether new or existing, shall have a means of overfill prevention which consists of either a visual gauge, an audible or visual alarm, or a pump shutdown that activates at 90 percent of the tank[s …

ATCP 93.420 Secondary containment. (1) APPLICAAboveground storage tanks using secondary containment as a method of spill control shall comply with the secondary containment requirements in NFPA 30 section 22.11 and this section, except this requirement does not apply to any of th…

ATCP 93.425 Tank lining of aboveground storage tanks. (1) The installation or repair of tank linings or coatings for aboveground storage tanks shall comply with API 652 and this section. (2) The interior lining or coating of aboveground storage tanks or the repair of such linings…

ATCP 93.430 Vehicle collision protection. (1) Permanent vehicle collision protection shall be provided for any new or existing tank or system component that could result in a release of product when damaged, in any area where impact due to speed, turning, or backing of any type o…

ATCP 93.440 Aboveground tank inspection. (1) APPLICATION. All new and existing aboveground storage tanks shall be inspected in accordance with this section. (2) INSPECTION OF FIELD-ERECTED METALLIC ABOVEGROUND STORAGE TANKS. (a) Metallic aboveground storage tanks within the scope…

ATCP 93.445 Seldom-used and temporarily out of service tank systems. (1) OPERATIONAL REQUIREMENTS. Owners or operators of aboveground seldom-used and temporarily out of service tanks shall comply with the applicable requirements of s. ATCP 93.545 (1). (2) PLACING A TANK BACK INTO…

ATCP 93.450 Change in service to store a non-regulated or a regulated substance. Owners or operators of aboveground tanks shall comply with the change-in-service requirements of s. ATCP 93.550, except a revised registration for aboveground tanks, form TR-WM-118, shall be complete…

ATCP 93.460 Closure of aboveground tanks. (1) GENERAL. Owners or operators of aboveground tanks shall comply with the closure requirements of s. ATCP 93.560, except as provided in this section. (1m) TANK REMOVAL. Tanks shall be removed from the site within one year of closure. (2…

ATCP 93.465 Tank-system site assessment. (1) GENERAL. (a) Tank-system site assessments for aboveground tanks shall comply with this section and the assessment requirements in s. ATCP 93.580, except as provided in sub. (2). (b) Tank-system site assessments for aboveground storage …

ATCP 93.470 Responding to a leak, spill, overfill, or release. Owners or operators, contractors, and fuel-delivery persons for aboveground tanks shall comply with the requirements relating to the presence of a leak, spill, overfill or release, and the assessment of, and response …

ATCP 93.500 General requirements. (1) SECONDARY CONTAINMENT. (a) General. All new and replacement underground storage tanks and piping systems shall be provided with secondary containment and continuous electronic interstitial monitoring, except as provided in par. (b). Note: Thi…

ATCP 93.503 Product inventory verification at retail facilities. (1) This section applies to any tank system from which products are offered for retail sale to the public that are subject to the requirements of ch. ATCP 94. Note: Inventory verification can be particularly effecti…

ATCP 93.505 Spill and overfill prevention. (1) GEN(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. (b) The tr…

ATCP 93.510 Leak detection requirements. (1) GENERAL. (a) All new and existing underground tank systems used to store regulated substances shall be provided with a method of leak detection that complies with this section and s. ATCP 93.515, except as exempted in par. (d). (b) The…

ATCP 93.515 Leak detection methods. (1) GEN(a) Leak detection methods for tank systems shall meet the requirements of this section. (b) The leak detection test information reports submitted to the department, or maintained on site as required in s. ATCP 93.500 (9), shall include …

ATCP 93.517 Airport hydrant system requirements. (1) GENERAL. (a) Airport hydrant system installations shall comply with release reporting, response and investigation, closure, financial responsibility and notification requirements in accordance with this section. (b) New install…

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…