Section ATCP 93.100 - Plan review(1) GENERAL. (a) Plan review and written approval from the authorized agent or the department shall be obtained before any of the following activities are performed on storage tank systems used to store a regulated substance, except where exempted under par. (b): 1. Commencing any construction of new or additional tank or piping installation.2. Changing the operation of a tank system from storage of a non-regulated substance to a regulated substance.3. Adding or modifying tank or pipe corrosion protection.4. Adding leak detection or modifying leak detection as specified in s. ATCP 93.110(3) (e) when performed in conjunction with other changes that require plan review. A certified installer is not required to perform the modification of leak detection. Note: Under sub. (3) (a) 5. c., the department's leak detection installation form, TR-WM-133, must be filled out and submitted anytime leak detection equipment is added or modified, whether or not plan review is required. This form 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. Upgrading or modifying spill or overfill protection, except this requirement does not apply where drop tube overfill protection is added or modified for existing underground fill piping that drops vertically into a tank.6. Lining or relining of underground tanks.7. Converting a full-service motor fuel dispensing facility or a self-service motor fuel dispensing facility to the use of a point-of-sale dispensing system or device. A certified installer is not required to perform the conversion to a point-of-sale dispensing system. The installer shall fill out the department's point-of-sale fueling installation form, TR-WM-130, and shall provide the form to the authorized agent or the department, for inspection of the system. Note: Form TR-WM-130 is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942, https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
8.a. Converting from the storage and dispensing of flammable or combustible liquids containing 10 percent or less ethanol by volume to liquids containing more than 10 percent ethanol by volume.b. Converting from the storage and dispensing of flammable or combustible liquids containing 5 percent or less biodiesel fuel by volume to liquids containing more than 5 percent biodiesel fuel by volume.9. Using a tank system to store a substance that poses a significant fire hazard or safety hazard to people or the environment due to material compatibility, equipment functionality or product characteristics, as determined by the authorized agent or the department, or fire department.10. Adding or modifying any device or system component making an underground connection to a tank, product pipe or vent pipe.(b) Plan review and approval is not required for any of the following: 1. Oil-burning installations for a 1- or 2-family dwelling which are located aboveground or in a basement, and which have a capacity of less than 1,100 gallons.2. Integral fuel supply tanks of a motor vehicle, aircraft, watercraft, mobile power plant or mobile heating plant.3. Aboveground tanks which have a capacity of less than 1,100 gallons and which store Class IIIB liquids other than used oil.4. Reconfiguration of product piping that is located aboveground, from storage tanks supplying a regulated substance to a manufacturing, industrial or blending process.5. Tank wagons, tank vehicles, or movable tanks that are used for vehicle fueling operations under subch. VI.6. Aboveground tank systems that store hazardous liquids which are not also flammable or combustible liquids, if the construction is supervised by a qualified engineer. Note: See s. ATCP 93.140 for registration requirements for tanks that store federally regulated hazardous substances. Section ATCP 93.350 requires aboveground hazardous substance tank systems to be designed by a qualified engineer.
7. Portable tanks that are not used as fixed tanks.8. Tanks that are located at an EPA superfund site.9. Aboveground tanks which are used at a farm premises or construction project in accordance with s. ATCP 93.630, and which meet all of the following conditions: a. Have a capacity of less than 1,100 gallons.b. Are located at least 40 feet from either the buildings and structures listed in s. ATCP 93.630(2) (a), or important buildings or structures. Note: See s. ATCP 93.630(3) for administrative requirements for ASTs located at farms and construction projects.
10. Fuel supply tanks which are used for a mobile power plant or mobile heating plant and which meet all of the following requirements: a. The tank system is built and operated in accordance with a national standard.b. The tank system is intended to be at the site for a period of 24 months or less.c. The tank system has an aggregate capacity of less than 1,100 gallons.d. The tank system does not use any Class I liquids.11. Where the department determines that the review of a specific application, modification or contractor activity would not meet the regulatory oversight objective for technical plan review and approval.(c) Notwithstanding pars. (a) and (b), if the department determines that the review of a specific application, modification or special equipment meets the regulatory oversight objective of this chapter, a plan review and written approval from the authorized agent or the department shall be obtained. (2) PLANS, SPECIFICATIONS AND INFORMATION. Plans, specifications and information submitted to the authorized agent or the department for review and approval shall contain all of the following:(a) Plans that are clear and legible and submitted per department requirements along with fees and a completed installation application.(b)1. The name of the owner.2. The name of the person, firm or corporation proposing the installation, if other than the owner.3. The address of the facility, including the names of adjacent streets and highways. (bm) A statement summarizing the scope of the project.(c)1. A plot plan, drawn to a minimum scale of one inch equals 20 feet, indicating the location of the installation with respect to property lines; adjoining streets or alleys; fences, including those installed over or through any part of the system; and other buildings on the same property. The plot plan shall indicate the location of buildings; other tanks; loading and unloading points; utilities; sanitary or storm sewers; water mains; water service piping; community and private potable water wells or other potable water source on the subject property; any private potable water wells on adjacent property that are within 100 feet of the tank, piping or dispenser; and any offsite community wells that are within 1,200 feet of the tank, piping or dispenser.1m. For installations where cathodic protection will be installed, buried metal underground structures and components within 200 feet, such as culverts and guy wire anchor points, should be included in the plot plan. Note: See s. ATCP 93.260 for minimum separating distances between tank systems and potable water supply sources.
Note: Chapter NR 116 requires municipalities to prohibit any storage of materials that are buoyant, flammable, explosive or injurious to animal, plant or aquatic life, in floodway areas of floodplains.
2. The class of construction of each building or room in a building that contains a storage tank shall also be indicated.(d) The location, size and capacity of each tank and the following information on the contents of the tank: 1. The name of the stored liquid.2. The flammability or combustibility classification of the stored liquid. Note: Flammability and combustibility classifications are established in NFPA 30 sections 4.3.1 and 4.3.2, and are expressed as a Roman numeral and a letter, such as IB or IIIA.
3. Whether the stored liquid is classified in any of the following hazard categories as defined in the applicable model fire code adopted by reference under ch. SPS 314: a. Explosive or pyrophoric.b. Oxidizer or organic peroxide.c. Unstable or water reactive.d. Toxic or highly toxic.e. Cryogenic or corrosive to living tissue. (e) The location of all piping runs and spacing between all tanks and piping.(f) The type of tank supports and clearances, including clearances between tanks.(g) The type of venting and pressure relief used and combined capacity of all venting and relief valves on each aboveground tank.(h) The location of fill, gauge and vent pipes and other openings for the tank.(i) The location of burners, tanks, pumps, piping and control valves and the relative elevations of any areas within the building where heavier-than-air vapors can accumulate.(j) The distances to dispensers, sizes of islands and traffic flow patterns or vehicle routes around or through the facility.(k) Information and specifications describing the design and placement of leak detection systems. (l)1. Information regarding the type and operation of corrosion protection systems for tanks and piping.2. For impressed current systems, the location and materials of gas mains and gas service lines serving the facility.(m) Information regarding the type of secondary containment system.(n) Specifications describing the spill and overfill protection devices.(o) Information regarding the compatibility of the tank and piping system with the regulated substance.(p) A copy of any easement that reflects any property not owned by the system operator on which any portion of the system is located or any vehicle is parked while transferring product.(q) Any material-approval numbers issued under s. ATCP 93.130.(r) Information and specifications, including manufacturer's model numbers on materials, equipment and devices to be used in the project which do not have material-approval numbers issued under s. ATCP 93.130 and which have a direct impact on the regulated system. Note: Examples of this equipment include valves, nozzles and hoses.
(s) Additional data and information regarding storage of regulated substances within buildings or enclosures to demonstrate compliance with the requirements of this chapter.(t) Any other information necessary for the reviewer to determine code compliance.(3) APPLICATION AND APPROVAL PROCESS. (a)Submission of forms.1. 'General.' The department's installation application form, TR-WM-126, shall be completed and included with each application for approval, except as provided in subd. 5.2. 'POS fueling.' For facilities that include dispenser point-of-sale fueling, the first page of the department's POS fueling installation form, TR-WM-130, shall also be completed and submitted.3. 'Leak detection.' For facilities that include leak detection installation during the overall installation process, the first page of the department's leak detection installation form, TR-WM-133, shall also be completed and submitted.4. 'Alternative fuel.' a. For facilities that include fuel consisting of more than either 10 percent ethanol or 5 percent biodiesel by volume, as regulated under s. ATCP 93.680, Part I of the department's alternative fuel installation/conversion application form, TR-WM-132, shall be completed and submitted for approval. Part II shall serve as an addendum to the inspection checklist.b. If the component or equipment manufacturer verifies the compatibility of the equipment, the verification shall be in writing, indicate an affirmative statement of compatibility, and specify the range of biofuel blends with which the component is compatible.5. 'Exceptions.' a. For aboveground storage tanks that have a capacity of less than 1,100 gallons, at a farm premises or construction project, the department's farm and construction AST installation notification form, TR-WM-124, shall be completed and submitted as notification to the authorized agent or the department at the time of installation inspection. This form shall also serve as the plan submittal application and the installation checklist.b. Where conversion to point-of-sale fueling is the only change at a facility, the department's POS fueling installation form, TR-WM-130, shall be completed and submitted to the authorized agent or the department at least 10 days prior to conversion. This form shall also serve as the plan submittal application and the installation checklist.c. Where an upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer is the only change at a facility, the department's leak detection installation form, TR-WM-133, shall be completed and submitted to the department within 5 days of installation. This form shall also serve as the plan submittal application and the installation checklist.d. Where conversion to storage and dispensing of alternative motor fuels is the only change at a facility, Part I of the department's alternative fuel installation/conversion application form, TR-WM-132, shall be completed and submitted to the department prior to conversion. Part I shall serve as the plan submittal application and Part II as the installation checklist. Note: Forms TR-WM-124 - Farm and Construction Aboveground Storage Tank Installation Notification, TR-WM-126 -Flammable/Combustible/Hazardous Liquid Tanks Installation Application, TR-WM-130 - Point-of-Sale Fueling Installation Notification, TR-WM-132 - Storage Tank Alternative Fuel Installation/Conversion Application, and TR-WM-133 - Storage Tank Leak Detection Installation or Upgrade Application are 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.
Note: Within a 1st class city, the provisions in subdivision paragraphs c. and d. may be administered by that city instead of the department, as authorized in ss. ATCP 93.020(8) (b) and 93.110(3) and (4). As of November 1, 2019, only the City of Milwaukee is a 1st class city.
(b)Review time. The authorized agent or the department shall review and make a determination on an application for installation approval and plan review within 20 business days of receiving all of the required information and fees. If an applicant does not respond to a request by the department for additional information within 6 months after the date of the request, the department shall make a determination on the application based upon the information on hand. Note: Section ATCP 93.1605 addresses fees associated with ch. ATCP 93 plan submittal, review, and inspection.
Note: Section ATCP 93.1605 authorizes double fees when construction is initiated without the required plan approval.
(c)Conditional approval.1. If the authorized agent or the department determines that the plans and the application substantially conform to the provisions of this chapter, a conditional approval shall be granted in writing.2. All conditions stated in the conditional approval shall be met before or during construction or installation.3. A conditional approval issued by the authorized agent or the department is not an assumption of any responsibility for the design, construction or maintenance of the facility. Note: Various sections of this chapter address the responsibilities that contractors have, under s. 168.22(1), Stats., in achieving compliance with the technical requirements of this chapter, after plans and specifications are approved. For example, s. ATCP 93.115(2) (b) 2. a. has requirements about completing a pre-construction installation form, and meeting then with an inspector; s. ATCP 93.115(2) (b) 3. has requirements about notifying an inspector before starting an installation; ss. ATCP 93.400(5) (b) and 93.500(6) (a) have requirements about installing aboveground and underground tank systems according to the manufacturer's instructions, the applicable national standards in s. ATCP 93.200, plans and specifications approved under s. ATCP 93.100 and this chapter; ss. ATCP 93.400(5) (f) and 93.500(6) (d) have requirements about completing a checklist during installation of aboveground and underground tanks or piping; and s. ATCP 93.500(9) (a) 2. has requirements about documenting the performance of newly installed leak detection equipment. Contractors also have compliance responsibilities under various other sections, such as notifying an inspector about installing small tanks at farms and construction sites, in s. ATCP 93.630(3) (c); notifying an inspector about converting a dispensing facility to a point-of-use dispenser, in s. ATCP 93.100(1) (a) 7.; performing tank linings for underground tanks, in s. ATCP 93.530; applying for approval to convert an installed tank system to store alternative fuel, in s. ATCP 93.680; not allowing releases to occur, in s. ATCP 93.230(a); stopping leaks and preventing migration of free product into the environment, in s. ATCP 93.585(1); reporting releases to the department of natural resources, in s. ATCP 93.585(2); and cleaning or removing tanks during closure, in ss. ATCP 93.315(2) and 93.560(2).
Note: Section ATCP 93.115(2) (b) 4. addresses the responsibility of the authorized agent or the department to inspect installation of shop-built tanks and to record the results on the installation checklist.
(d)Plan sets.1. A letter shall be sent to the designer and the owner of record with a statement relating to the examination of the plans and specifications and citing the conditions of approval or denial.2. The plans and specifications shall be dated and stamped either "Conditionally Approved" or "Not Approved."3. For all projects reviewed by the department, the department shall retain 2 copies of the plans and specifications and shall forward one copy of the plans and specifications, the approval letter, and the installation application to the corresponding LPO if there is one.4. The remaining 2 sets of plans and specifications and the approval letter shall be returned to the person designated on the installation application. Note: Under ss. ATCP 93.400(11) (b) and 93.500(9) (b), the approved plans and specifications and approval letter must be kept on site and available to the authorized agent or the department during all phases of installation. After installation is completed, the plans and specifications and approval letter must be made available to the authorized agent or the department upon request.
(e)Plan denial. If the authorized agent or the department determines that the plans and specifications or application do not substantially conform to the provisions of this chapter, the application shall be denied in writing, specifying the reasons for denial.(f)Appeals. In the event of a dispute as to whether the information submitted to an authorized agent shows compliance with the provisions of this chapter, the application may be submitted to the department for informal review, instead of filing a formal appeal under s. ATCP 93.190, and the decision of the department shall then govern.(4) PLAN CHANGES. (a)Submittal as new installation. Additions or modifications to systems that occur or become known after the closing of the excavation or commencement of system operation shall be submitted for review as a new installation.(b)Submittal as a revision.1. Additions or modifications which deviate from the original conditionally approved plans and specifications and which are made before closing the excavation or commencement of system operation shall be submitted for plan review and approval as a revision.2. The replacement of parts or components shall be submitted for plan review and approval as a revision, unless they will be identical in function to the previously approved parts or components, and they will be in the identical location of the previously approved parts or components.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 93.100
CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (1) (b) 6. Register July 2009 No. 643, eff. 8-1-09; correction in (1) (a) 4., (b) 9. (intro.), b., (2) (d) 3. (intro.), (q), (r), (3) (a) 4., (f) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (1) (a) 4., (b) 9. (intro.), b., (2) (q), (r), (3) (a) 4., (f) made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.Amended by, CR 16-012: am. (1) (a) 7. Register August 2016 No. 728, eff. 9/1/2016Adopted by, CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (i) made under s. 35.17, Stats., and (3) (a) 4. (title) created under s. 13.92(4) (b) 2, Stats., Register October 2019 No. 766, eff. 11/1/2019Amended by, correction in (3) (b) 5. d. made under s. 13.92(4) (b) 6, Stats., Register February 2022 No. 794, eff. 3/1/2022Examples of modifications that require plan review as a revision include changes in tank placement, size of tank, length or direction of piping run, additional system components, and changes in monitoring equipment. The department will determine if the number and importance of items submitted for revision would be addressed more appropriately through a new plan submittal.