Section ATCP 93.400 - General requirements(1) ABOVEGROUND TANK DESIGN. (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 and marking requirements in s. ATCP 93.250.(c)Tanks for Class IIIB liquids. Tanks which have a capacity of 1,100 gallons or more and which are used for aboveground storage of Class IIIB liquids shall be listed or shall be acceptable to the department. Note: See s. ATCP 93.130(5) for listing and labeling requirements for aboveground tanks.
(d)Tank foundations. Tank foundations shall be designed to prevent uneven settling of the tank. Tank supports shall be placed on a prepared, flat, smooth, and solid surface. (2) CORROSION PROTECTION. (a)General. Aboveground storage tank systems shall be protected from excessive external corrosion through the use of paint, protective coatings, or corrosion resistant materials that are applied after the surface has been prepared in accordance with the manufacturer's recommendations.(b)Tank systems. Any portion of an aboveground tank system that is in contact with the ground shall be protected from corrosion by one of the following methods: 1. The tank system is constructed of an inherently corrosion-resistant material.2. The tank system is isolated from the ground by a method acceptable to the department. Note: Methods of isolation acceptable to the department include dielectric coating, placement on clean concrete, placement on an elevated ring wall, or mounting on listed saddles.
3. The tank system is protected by a sacrificial anode or impressed current system.4.a. Single- or double-wall tanks which are constructed of material subject to corrosion and which are supported on runners or tank supports shall be constructed such that the bottom of the tank shell is at least 3 inches but no more than 12 inches above grade, as measured from the lowest point of the tank shell, except the 12-inch maximum does not apply where subd. 4. b. is met.b. The 12-inch maximum in subd. 4.a. may be exceeded where structural fire resistance is provided that complies with NFPA 30 section 22.5.2.4.(c)Underground piping. All new and existing underground piping connected to an aboveground tank shall be protected from corrosion using one of the methods in s. ATCP 93.520(1).(d)Designed corrosion protection systems.1. Aboveground tank systems equipped with a new sacrificial anode or impressed current corrosion protection system shall follow the installation, operation, maintenance and testing requirements in s. ATCP 93.520.2. Existing sacrificial anode or impressed current corrosion protection systems shall follow the operation, maintenance and testing requirements in s. ATCP 93.520.(3) SECONDARY CONTAINMENT FOR PIPING. (a) When any underground piping is installed as part of a new tank system or when 50 percent or more of a run is replaced, the piping shall be provided with approved secondary containment with approved non-discriminating interstitial monitoring, except as specified in par. (g).(b)1. The material used for fabricating both the primary and secondary containment shall be listed in accordance with a standard that assures liquid- and vapor-tightness.2. Secondary containment sumps shall be fabricated and installed in a manner that prevents release of liquids. These sumps shall be tested for leaks hydrostatically at installation, in accordance with the manufacturer's instructions and the adopted standard PEI RP 1200.(c) All pipe connections at a dispenser for motor vehicle fueling that are installed or replaced on or after February 1, 2009, shall be placed within a secondary containment sump at the time of installation or replacement, except as exempted in par. (e).(d) All pipe connections at a dispenser for motor vehicle fueling that were in existence or under construction before February 1, 2009, shall be placed within a secondary containment sump by January 1, 2021, except as exempted in par. (e).(e) A secondary containment sump is not required under the pipe connections at a dispenser if the storage tank system meets all of the following conditions: 1. All piping is aboveground and readily accessible for inspection.2. The dispenser and all the pipe connections at the dispenser are on or above a surface that is at least as impermeable as concrete.(f) All pipe connections at a transition between aboveground and underground piping that are installed or replaced on or after February 1, 2009, shall be placed within a secondary containment sump at the time of installation or replacement.(g) Secondary containment is not required for underground piping that is evaluated and maintained in accordance with API 570, by organizations that maintain or use an authorized inspection agency, a repair organization, and technically qualified piping engineers, inspectors and examiners, all as defined in API 570.(h)1. Secondary containment sumps provided under this subsection shall have non-discriminating electronic sensors that will detect liquids in the sump, unless approved otherwise by the department.2. Piping that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection may not pass through the bottom of the sump.3. All electrical conduit and wiring that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection for dispensers shall pass over the top of the sump wall rather than through the wall or bottom of the sump. Note: This subsection recognizes dispenser pans, spray-on liners, brushed-on liners, formed-in-place containment products, and other effective secondary containment practices that are currently in use.
(4) LEAK DETECTION FOR PIPING. (a) All new and existing underground piping connected to an aboveground tank shall be provided with approved leak detection in accordance with s. ATCP 93.510(4), except as specified in par. (c).(b) Leak detection in accordance with par. (a) shall be installed immediately at the time of new installation or replacement of pipe.(c)1. Piping over 4 inches in diameter shall follow the plan and system requirements and deadlines in s. ATCP 93.517, except as specified in subd. 2. Leak detection for piping of 4 inches in diameter or less may be provided as specified in subd. 2. only if approved in writing by the department.2. Leak detection for piping may consist of evaluations that are performed in accordance with API 570, by organizations that maintain or use an authorized inspection agency, a repair organization, and technically qualified piping engineers, inspectors and examiners, all as defined in API 570.(5) INSTALLATION. (a)1. The installation of shop-built tanks and associated piping shall be performed or supervised by a certified installer under s. ATCP 93.240(16).2. A certified installer shall verify that the installation of the electrical components for a tank system does not conflict with this chapter, except this verification is not required for the electrical criteria in ch. SPS 316.(b)1. All installation shall be in accordance with the manufacturer's instructions, the applicable national standards adopted in s. ATCP 93.200, and plans and specifications approved under s. ATCP 93.100 and this chapter.2. All tank and pipe systems that are installed on or after November 1, 2019, including replacement systems, shall undergo all of the following before the tank and pipe systems are placed into service: a. Pressure testing that shall assure that the tank, pipe, and all connections are tight in accordance with PEI RP200 sections 6.6 and 9.6 and chapter 14.b. Pre-operational testing and inspection in accordance with PEI RP200 chapter 14.(c) Single wall horizontal-cylindrical and rectangular aboveground storage tanks shall be installed to allow full visual inspection of the outer tank shell, except for any portion of the shell that is in contact with a support for it.(d) The foundations for all types of tanks shall be designed to minimize the possibility of uneven settling and to minimize corrosion in any part of the tank resting on the foundation.(e) Tank supports shall be placed on a prepared, flat, compacted surface.(em) Vent piping shall meet the requirements of NFPA 30 Subchapter 27.8 except the termination height of normal vent piping for Class II and Class III liquids shall be a minimum of 4 feet above the ordinary snow line.(f) Upon completion of any installation of new or replacement shop-built tanks or piping, or any modification or upgrade thereto that requires plan approval or registration, the certified installer shall provide the authorized agent or the department with a completed tank installation checklist, form TR-WM-120. Note: Form TR-WM-120 - Checklist for Aboveground Storage Tank Installation 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/PetroleumHazStorageTanksForms.aspx.
(6) MOVING SHOP-BUILT TANKS. Aboveground shop-built tanks that are moved from one location to another shall meet all of the following requirements, except for tanks covered in s. ATCP 93.610:(a) The tank shall meet all the plan review, installation, and registration requirements in this chapter for the new location.(b) If the tank contained Class I liquids, it shall be rendered free of flammable vapors before the move and maintained vapor-free until placed into service at the new location.(c) If the tank is relocated to a property with a different street address, a revised tank registration, form TR-WM-118 or TR-WM-153, and part A of a tank system service and closure assessment report, form TR-WM-140, shall be completed and submitted to the department for the former location. Note: Form TR-WM-118 - Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration; form TR-WM-140 - Tank System Service and Closure Assessment Report; and form TR-WM-153 - Change of Ownership, Flammable/Combustible/Hazardous Liquid Storage Tank Registration are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942. Forms TR-WM-118 and TR-WM-140 are also available from the Bureau's Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx.
(cm) If the tank is relocated on the same property, part A of a tank system service and closure assessment report, form TR-WM-140, shall be completed and submitted to the department for the former location.(d) The tank shall undergo pre-operational testing and inspection in accordance with PEI RP200 chapter 14.(e) The tank shall have an inspection performed by a certified tank system inspector before being placed into operation.(f) The tank shall continue to follow the inspection schedule in STI SP001 that was established at the former location.(7) ABOVEGROUND TANK MARKING. (a)1. All aboveground tanks, whether new or existing, that store Class I liquids, other than at refineries or at marine, pipeline, or transport terminals, shall have attached the wording, "FLAMMABLE-KEEP FIRE AWAY."2. The wording shall be clearly visible and written in letters of a contrasting color at least 5 inches high with a minimum stroke width of one inch.(b)1. All aboveground tanks, whether new or existing, that store flammable or combustible liquids shall be labeled in accordance with NFPA 704.2. The Table 93.400
Tank Label
Tank Capacity in Gallons | Distance From Which the Label Shall Be Visible | Minimum Size of Label |
Up to 5,000 | 75 feet | 5" x 5" |
5,001 to 50,000 | 100 feet | 10" x 10" |
50,001 to 250,000 | 200 feet | 12" x 12" |
Greater than 250,000 | 300 feet | 15" x 15" |
(8) MAINTENANCE AND REPAIRS. (a)Tanks.1.a. All shop-built aboveground steel storage tanks, whether new or existing, shall be maintained and repaired in accordance with STI SP031.b. All repairs or modifications under STI SP031 shall be recorded on the department's TR-WM-134 form. Note: Form TR-WM-134-STI SP031 Tank Repair/Modification Summary, is available from the Bureau of Weights and Measures, P. O. 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/PetroleumHazStorageTanksForms.aspx.
c. A copy of the completed TR-WM-134 form shall be provided to the tank operator.d. The tank operator shall have the completed TR-WM-134 form on site and available for inspection within 30 days after receiving it from the party that performed the repair, except as provided in sub. (11) (b) 2. for unattended sites.2. Field-erected aboveground storage tanks shall be maintained and repaired in accordance with API 653. (b)Other system components.1. Repairs to any of the following tank system components shall be recorded on the department's TR-WM-136 form:a. Below-grade components.b. Tank containment and piping sumps.c. Overfill valves and vent whistles.e. Normal vent pressure or vacuum valves and flame arrestors.2. A copy of the completed TR-WM-136 form shall be provided to the tank operator.3. The tank operator shall have the completed TR-WM-136 form on site and available for inspection within 30 days after receiving it from the party that performed the repair, except as provided in sub. (11) (b) 2. for unattended sites.(c)Testing of repairs.1. `Interstitial space.' Any repair that affects any portion of an interstitial space for an AST system shall include testing of the affected portion in accordance with methods prescribed in s. ATCP 93.500(6) (b) and (c) and PEI RP 200, or other methods approved by the department, to verify that the containment complies with this chapter before that portion is placed back into service.2. `Secondary containment sumps.' Repair of any secondary containment sumps that are addressed in s. ATCP 93.400(3) shall include testing in accordance with the methods prescribed in s. ATCP 93.400(3) (b) before placing the sumps back into service.3. `Overfill prevention equipment.' Repair of overfill prevention equipment shall include testing in accordance with the methods prescribed in s. ATCP 93.410(12) before placing the equipment back into service.(d)Reporting. Repairs that are recorded under par. (a) 1. b. or (b) 1. because of a leak shall be reported to the department within 15 days of the repair. Note: See ss. ATCP 93.230(8) to (10) for additional facility maintenance requirements.
(e)Property. Tank yards and diked areas shall be kept free from weeds, high grass, rubbish, and combustible materials that are not essential to the operation and shall be kept clean and orderly.(9) FACILITY LIGHTING. Adequate lighting shall be provided for loading, unloading, and dispensing operations.(10) SYSTEM ACCESS. (a) All new aboveground storage tank systems shall be designed and constructed to allow access to all connections between the tank and piping, venting, and appurtenances that require maintenance or replacement.(b) The means of access shall be sufficient in size to allow for installation, maintenance, and inspection of all connections and appurtenances.(11) RECORD KEEPING. (a)General. Operators of new and existing aboveground storage tank systems shall maintain all of the following records: 1. Documentation of any system repairs, alterations or upgrades- including software and hardware upgrades - and any inspections or testing required under this chapter.2. Testing results obtained from any leak detection equipment, as retained from the equipment's printer or a handwritten log kept on-site.3. Documentation maintained for all calibration, inspection, monitoring, testing, repair, and annual performance verification of any leak detection equipment, if so equipped.4. Response to and investigation of any leak detection alarms.5. Documentation maintained for all calibration, inspection, monitoring, testing, repair, and periodic performance verification of any corrosion protection equipment permanently located on-site.6. Records of any environmental information that has accrued for a site, such as from site investigations, phase I or II environmental site assessments, repairs and tank-system site assessments.7. Results of functional testing of impact and emergency shutoff valves.7m. Results of functional testing of emergency electrical shutoffs.8. Electrical continuity testing for dispensers of motor fuels that are Class I liquids.9. One set of stamped, approved plans and specifications and a copy of the approval letter.10. Documentation of compliance with the compatibility requirements in s. ATCP 93.680(3) (c) 1. or (6) (c) 1., if the ethanol or biodiesel blends addressed therein are stored or dispensed.(b)Availability of records.1. Operators shall maintain the required records at the site, except as provided in subds. 2. and 3., and par. (c) 9.2. Operators of unattended sites shall make the records available for inspection at the site when given 72 hours of prior notice.3. The approved plans and specifications and approval letter shall be kept on site and available to the authorized agent or the department during all phases of installation. After installation is completed, the approved plans and specifications and approval letter shall be made available to the authorized agent or the department upon request.4. Records may be kept electronically, provided they are in a format acceptable to the department.(c)Maintenance of records. Records shall be maintained for the following periods from the date of the most recent test, inspection or upgrade: 1. Monthly leak detection monitoring for underground piping - one year.2. Annual precision tightness testing for underground piping - one year.3. Impressed current corrosion protection system, 60-day inspection - the previous 3 inspections.4. Corrosion protection system, annual test - the previous 3 tests.5. Annual performance verification of leak detection equipment and flow restrictor, for underground piping - 2 years.6. Results of functional testing of impact and emergency shutoff valves and electrical continuity testing for dispensers - 2 years.7. The owner's manual provided by the leak detection equipment manufacturer - until the leak detection system is replaced or no longer used.8. Any tank or pipe system modification or repair - the operational life of the system.9. Inspection or testing records - 3 years or the interval between required inspections or testing, whichever is longer.10. Tank-system site assessments and other environmental assessments, such as assessments for property transactions - 3 years after completion of any permanent closure, upgrade, repair, or change in service. These records shall be maintained at one of the following locations: a. With the owner or operator who took the AST system out of service.b. With the current operator of the AST system site.c. With the department if records cannot be maintained at the closed facility.11. Leak detection alarm investigation - 2 years. Note: All leak detection records should be retained. The documentation could be helpful to exclude the site as a possible source of contamination at a later date.
12. One set of stamped, approved plans and specifications and a copy of the approval letter - the operational life of the system.13. Equipment or component compatibility for ethanol or biodiesel blends under s. ATCP 93.680(3) (c) 1. or (6) (c) 1. - the operational life of the equipment or component. (12) TANKS AT REMEDIATION SITES. (a)1. Recovery systems using oil water separators or recovery systems pumping free product at the rate of 60 gallons or more per week shall comply with this paragraph.2. Recovery product piping and storage tanks shall comply with either the plan review requirements in s. ATCP 93.100 or the design and construction requirements in s. ATCP 93.350(2) for hazardous substances.3. Tanks shall be registered in accordance with s. ATCP 93.140.4. Tank construction and marking shall comply with ss. ATCP 93.250 and 93.400(7).(b) Tanks used in recovery systems that pump free product at the rate of less than 60 gallons per week shall be constructed and marked in accordance with ss. ATCP 93.250 and 93.400(7).Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 93.400
CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (2) (b) (title), (intro.) to 3., (3) (a), (c), and (d), renum. (3) (e) to (g) to be (3) (f) to (h) and am. (3) (h) 2. and 3., cr. (3) (e) Register July 2009 No. 643, eff. 8-1-09; correction in (1) (b), (2) (c), (d) 1., 2., (4) (a), (c) 1., (5) (a) 2., (b), (6) (intro.), (7) (b) 2., (12) (a) 2., 3., 4., (b) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (1) (b), (2) (c), (d) 1., 2., (4) (a), (c) 1., (5) (b), (6) (intro.), (7) (b) 2., (12) (a) 2. to 4., (b) made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.Amended by, CR 16-012: am. (5) (f), (6) (c), (8) (a) 1., b., c., d. 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 (5) (b) 2. made under s. 13.92(4) (b) 14., Stats., and correction in (8) (c) 1. made under s. 35.17, Stats., Register October 2019 No. 766, eff. 11/1/2019