ATCP 93.010 Note
The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and facilities where the tanks are located, for the purpose of protecting the waters of the state from harm due to contamination by liquids that are flammable or combustible or are federally regulated hazardous substances.
ATCP 93.010 Note
Note: The definition of federally regulated hazardous substances in s.
168.21 (3), Stats., corresponds to the CERCLA List of Hazardous Substances and Reportable Quantities contained in
40 CFR 302.4, Table 302.4.
ATCP 93.010 Note
Note: The definition of “waters of the state,” as used in s.
168.21, Stats., is found in s.
281.01 (18), Stats., and reads as follows:
ATCP 93.010 Note
“Waters of the state” includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
ATCP 93.010(3)
(3) To comply with the flammable and combustible liquid related provisions of subtitle I of the federal Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, which extended and strengthened the provisions of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act, also known as RCRA, of 1976 as contained in
42 USC 6912 and
6991.
ATCP 93.010(4)
(4) In accordance with s.
168.16, Stats., to establish standards for storing and dispensing motor fuel in a manner that does not compromise any minimum product grade specifications achieved under ch.
ATCP 94.
ATCP 93.010 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.020(1)(1)
New facilities and structures. The provisions of this chapter apply to all new facilities and structures and to new additions to facilities and structures that involve storage, transfer or dispensing of flammable, combustible or hazardous liquids.
ATCP 93.020(2)
(2)
Alterations to facilities and structures. The provisions of this chapter apply to new remodeling and alterations — for any flammable, combustible or hazardous liquid facility or structure — that are integral to storage, transfer or dispensing of flammable, combustible or hazardous liquids, including remodeling and alterations which affect fire hazard, release mitigation or replacement of major equipment.
ATCP 93.020(3)
(3)
Existing facilities and structures. All elements, systems or components of an existing facility or structure that are integral to storage, transfer or dispensing of flammable, combustible or hazardous liquids shall be maintained to conform with the requirements of this chapter that applied when the facility, structure, element, system or component was constructed, unless specifically stated otherwise in this chapter.
ATCP 93.020(4)
(4)
Change in operation. If the operation of an existing facility or structure is changed to an operation regulated by this chapter, the facility or structure shall be made to comply with the requirements for the new operation as provided in this chapter.
ATCP 93.020(5)(a)(a) Under ss.
101.14 (1) (a) and
168.21 to
168.26, Stats., the groundwater protection and fire safety provisions of this chapter apply to all new and existing flammable, combustible or hazardous liquid facilities and structures even if the facility or structure is not undergoing remodeling, alteration or a change of operation.
ATCP 93.020 Note
Note: Examples of groundwater protection provisions include requirements for leak detection, secondary containment, corrosion protection, and spill and overfill protection. Some of these provisions, such as the spill and overfill protection requirements, are also fire safety provisions.
ATCP 93.020 Note
Note: Existing facilities are affected in this manner by these provisions because under s.
168.23 (1), Stats., this chapter “may include different standards for new and existing tanks, but all standards shall provide substantially similar protection for the waters of the state;” and because s.
101.14 (1) (a), Stats., addresses dangerous conditions at both new and existing facilities.
ATCP 93.020(5)(b)
(b) The rules of this chapter apply to tanks located at EPA superfund sites.
ATCP 93.020(6)
(6)
Exclusions. The following tanks, containers, tank systems and facilities are not regulated under this chapter:
ATCP 93.020(6)(a)
(a) Underground storage tanks that have a capacity of less than 60 gallons.
ATCP 93.020(6)(b)
(b) Aboveground storage tanks and intermediate bulk containers that have a capacity of less than 110 gallons.
ATCP 93.020(6)(c)
(c) Tanks storing products regulated under ch.
ATCP 33 that are located either at facilities which are also regulated under ch.
ATCP 33 or on farm premises.
ATCP 93.020 Note
Note: Chapter
ATCP 33 addresses bulk storage of pesticides and fertilizers.
ATCP 93.020(6)(d)
(d) Aboveground storage tanks storing liquids that are used in processes covered in any of the following standards:
ATCP 93.020(6)(d)2.
2. NFPA 34 Dipping & Coating Processes Using Flammable or Combustible Liquids.
ATCP 93.020(6)(e)
(e) Dedicated breakout tanks that are located at pipeline facilities.
ATCP 93.020(6)(f)
(f) Odorant or other additive injection tanks that are directly connected to a pipeline.
ATCP 93.020(6)(m)
(m) Marine fueling facilities where fuel is stored and dispensed into the fuel tanks of marine craft of 300 gross tons or more.
ATCP 93.020(6)(n)
(n) Aboveground or underground tank systems that store nonflammable and noncombustible hazardous liquids in concentrations of less than 1 percent by volume.
ATCP 93.020 Note
Note: Safety data sheets should be consulted for flash point and concentration.
ATCP 93.020(6)(o)
(o) Aboveground tank systems which have a capacity of less than 5,000 gallons and which store nonflammable and noncombustible hazardous liquids in concentrations of 1 percent or more by volume.
ATCP 93.020 Note
Note: Safety data sheets should be consulted for flash point and concentration.
ATCP 93.020(6)(p)
(p) Tank systems that store a hazardous waste which is listed or identified under subtitle C of the federal Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances that is nonflammable and noncombustible.
ATCP 93.020(6)(q)
(q) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 307 (b) or 402 of the federal Clean Water Act.
ATCP 93.020(6)(r)
(r) Underground storage tank systems that contain radioactive material which is regulated under the federal Atomic Energy Act of 1954.
ATCP 93.020 Note
Note: The Atomic Energy Act of 1954 is contained in
42 USC 2011 et seq.
ATCP 93.020(6)(s)
(s) Underground storage tank systems that are part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under
10 CFR part 50.
ATCP 93.020(6)(t)
(t) Asphalt plant AC tanks which are used as burner or material-supply tanks in the process of making asphalt and which comply with all of the following:
ATCP 93.020(6)(t)1.
1. Tank configurations are single-wall or double-wall, with or without heating coils.
ATCP 93.020(6)(t)2.
2. The products stored in the tank are Class II or III liquids ranging from heating oil to used oil, to #4 or #5 heavy oils.
ATCP 93.020(6)(t)3.
3. The asphalt process equipment and the tank are typically located at an isolated location, such as a quarry, and are generally relocated from year to year or every couple of years.
ATCP 93.020(6)(u)1.1. Facilities located on Indian reservation land that is held either in trust by the United States or in fee by the tribe or a tribal member.
ATCP 93.020(6)(u)2.
2. Facilities which are located on off-reservation Indian land that is held in trust by the United States, and which is held either in trust by the United States, or in fee by the tribe or a tribal member.
ATCP 93.020(6)(v)1.1. A pipeline facility, including gathering lines, that is regulated under USC 49 chapters 601 and 603.
ATCP 93.020(6)(v)2.
2. An intrastate pipeline facility, including gathering lines, that is regulated under state laws as provided in USC 49 chapters 601 and 603 and which is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure, or as an integral part of a pipeline.
ATCP 93.020 Note
Note: Chapter
SPS 314 has fire prevention requirements that may apply to tanks which are not regulated by ch.
ATCP 93, such as service tanks, and to portable tanks or containers which have a capacity of less than 110 gallons and which are used for flammable or combustible liquids, or for other liquids that are hazardous. Also, in conjunction with addressing the quality and retail sales of petroleum products, ch.
ATCP 94 regulates containers which have a capacity of less than 275 gallons and which are used for storing gasoline or any other petroleum product that has a flash point of less than 100
°F. Chapter
ATCP 94 requires these containers to be colored red and appropriately labeled and prohibits using red containers for storing petroleum products that have a flash point of 100
°F or more.
ATCP 93.020(7)(a)(a) Where any department-written rule in this chapter differs from a requirement within a standard referenced in this chapter, the department-written rule shall govern.
ATCP 93.020(7)(b)
(b) Where a rule prescribes a general requirement and another rule prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par.
(a).
ATCP 93.020(7)(c)
(c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars.
(a) and
(b).
ATCP 93.020(8)(a)(a) This chapter does not limit the power of municipalities to make or enforce additional or more stringent regulations, provided the regulations do not conflict with this chapter or with any other rule of the department, except as provided in par.
(b).
ATCP 93.020(8)(b)
(b) A 1st class city may apply different requirements for administering plan review and inspections by the city.
ATCP 93.020 Note
Note: As of November 1, 2019, only the City of Milwaukee is a 1st class city.
ATCP 93.020(9)
(9)
Retroactivity. The provisions of this chapter are not retroactively applied to existing facilities unless specifically stated in this chapter.
ATCP 93.020(10)
(10)
Interpretations. Under s.
168.23, Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.
ATCP 93.020 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; correction in (5) (a), (6) (v) 2., (8) (b) made under s.
35.17, Stats.,
Register October 2019 No. 766.
ATCP 93.050(1)
(1) “Aboveground storage tank” or “AST” means any vessel that has a liquid capacity of 110 gallons or more, is intended for fixed installation, is not solely used for processing and does not meet the definition of an underground storage tank.
ATCP 93.050(2)
(2) “
Accessible to the public” means any whole or part of property that, due to its location and commercial or public purpose, the public or a section of the public has or may reasonably be expected to have access.
ATCP 93.050 Note
Note: Section
114.002 (3), Stats., reads as follows:
ATCP 93.050 Note
“Aircraft” means any contrivance invented, used or designed for navigation of or flight in the air, but does not include spacecraft.
ATCP 93.050(4)
(4) “
Airport” means any area of land or water that is designed for the landing and takeoff of aircraft, regardless of whether buildings are provided for the shelter, servicing, or repair of aircraft or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for aircraft, and all appurtenant rights of way, whether new or existing, which are either public, private, or federal.
ATCP 93.050(4m)
(4m) “
Airport hydrant system” means an underground storage tank system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.
ATCP 93.050(5)
(5) “
Alteration” means any modification to an installed tank system that involves cutting, drilling or welding on the tank shell or associated piping.
ATCP 93.050(6)
(6) “
Ancillary equipment” means any device, including such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of regulated substances to and from a storage tank.
ATCP 93.050(7)
(7) “
Annual” means a period of time less than or equal to 365 calendar days.
ATCP 93.050(9)
(9) “
ATV” or “all-terrain vehicle” means a self-propelled motor-driven vehicle with wheels or tracks, used to transport people on land, snow, ice or water for purposes of sport or recreation and which cannot be licensed through the department of transportation for highway use.
ATCP 93.050(9m)
(9m) “
Authority having jurisdiction” means the department or an authorized agent responsible for approving equipment, installations or procedures.
ATCP 93.050(10)
(10) “
Authorized agent” means either a local program operator or a 1st class city or the authorized representatives of a 1st class city.
ATCP 93.050 Note
Note: See sub. (66) for a definition of local program operator. As of November 1, 2019, only the City of Milwaukee is a 1st class city.
ATCP 93.050(11)
(11) “
Automatic leak detection” means a release or leak detection or monitoring system that will provide continuous 24 hour monitoring for the detection of a release or leak of vapor or product and immediately communicate the detection of the release or leak to an electronic signaling device.
ATCP 93.050(12)
(12) “
Automatic line leak detection” means a method of leak detection which alerts the operator to the presence of a leak without any manual effort on the part of the operator, including a device or mechanism that signals the presence of a leak by restricting or shutting off the flow of a hazardous substance through piping, or by triggering an audible or visual alarm, and which detects leaks of 3 gallons per hour at 10 psi line pressure within one hour.
ATCP 93.050(14)
(14) “
Biodiesel fuel” means a fuel that is comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats.
ATCP 93.050 Note
Note: Under s.
168.14 (2m) (b) 2., Stats., pure biodiesel fuel is generally identified with the alphanumeric B100, and does not contain any petroleum product, any additive, or other foreign material. A fuel that is a blend of biodiesel and petroleum-based fuel generally has a volume percentage of the biodiesel fuel to the petroleum-based fuel of at least 2 percent. B20 would identify a blend as being 20 percent biodiesel and 80 percent petroleum-based fuel, by volume.
ATCP 93.050(15)
(15) “
Bulk plant” means that portion of a facility where flammable, combustible or hazardous liquids are stored or blended in bulk for the purpose of subsequently distributing such liquids beyond that portion of the facility. This term does not include a facility where such liquids are stored or blended only in intermediate bulk containers.
ATCP 93.050(16)
(16) “
Business day” means any day Monday to Friday, excluding Wisconsin legal holidays.
ATCP 93.050(17)
(17) “
CERCLA” means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.
