Wisconsin Legislature: Ch. ATCP 93 TOC

ATCP 93.707 Allowable mechanisms and combinations of mechanisms.

ATCP 93.710 Financial test of self-insurance.

ATCP 93.713 Guarantee.

ATCP 93.715 Insurance and risk retention group coverage.

ATCP 93.717 Surety bond.

ATCP 93.720 Letter of credit.

ATCP 93.723 Trust fund.

ATCP 93.725 Standby trust fund.

ATCP 93.727 Local government bond rating test.

ATCP 93.730 Local government financial test.

ATCP 93.733 Local government guarantee.

ATCP 93.735 Local government fund.

ATCP 93.737 Substitution of financial assurance mechanisms by owner or operator.

ATCP 93.740 Cancellation or nonrenewal by a provider of financial assurance.

ATCP 93.743 Reporting by owner or operator.

ATCP 93.745 Record keeping.

ATCP 93.747 Drawing on financial assurance mechanisms.

ATCP 93.750 Release from the requirements.

ATCP 93.753 Bankruptcy or other incapacity of owner or operator or provider of financial assurance.

ATCP 93.755 Replenishment of guarantees, letters of credit, or surety bonds.

Subchapter VIII — Training for Operators of Underground Storage Tank Systems

ATCP 93.800 Purpose.

ATCP 93.805 Scope.

ATCP 93.810 Definitions.

ATCP 93.820 Designation of Class A, Class B, and Class C operators.

ATCP 93.830 Responsibilities of Class A, Class B, and Class C operators.

ATCP 93.840 Training elements for Class A operators.

ATCP 93.841 Training elements for Class B operators.

ATCP 93.842 Training elements for Class C operators.

ATCP 93.850 Acceptable training and certification processes.

ATCP 93.860 Documentation deadlines.

ATCP 93.870 Record keeping.

ATCP 93.880 Retraining for non-compliance.

Note: Chapter Ind 8 as it existed on March 31, 1982 was repealed and a new chapter Ind 8 was created effective April 1, 1982; Chapter Ind 8 as it existed on April 30, 1991 was repealed and recreated as chapter Comm 10 effective May 1, 1991; corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1996, No. 490; chapter ILHR 10 was renumbered chapter Comm 10 under s. 13.93 (2m) (b) 1., Stats. and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1999, No. 518. Chapter Comm 10 as it existed on January 31, 2009 was repealed and a new Chapter Comm 10 was created Register November 2008 No. 635, effective February 1, 2009. Chapter Comm 10 was renumbered chapter SPS 310 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672. Chapter SPS 310 was renumbered Chapter ATCP 93 under s. 13.92 (4) (b) 1., Stats., Register October 2013 No. 694, pursuant to 2013 Wis. Act 20, section 9138 (3) (fm) and (4) (f). Chapter ATCP 93 as it existed on October 31, 2019, was repealed and a new chapter ATCP 93 was created effective November 1, 2019, Register October 2019 No. 766.

ATCP 93.010 Purpose. The purpose of this chapter is as follows:

(1) In accordance with ss. 101.02 (15) (a) and 101.14 (1) (a), Stats., to provide fire and life safety through the safe storage, display, installation, operation, use, maintenance and transportation of flammable, combustible and hazardous liquids and the equipment, facilities, buildings and premises that are used to store, transfer and dispense them.

(2) To comply with s. 168.23 (1), Stats.

Note: Section 168.23 (1), Stats., reads in part:

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.

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.

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:

“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.

(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.

(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.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.020 Scope and application.

(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.

(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.

(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.

(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.

(5) Groundwater protection and fire safety provisions.

(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.

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.

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.

(b) The rules of this chapter apply to tanks located at EPA superfund sites.

(6) Exclusions. The following tanks, containers, tank systems and facilities are not regulated under this chapter:

(a) Underground storage tanks that have a capacity of less than 60 gallons.

(b) Aboveground storage tanks and intermediate bulk containers that have a capacity of less than 110 gallons.

(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.

Note: Chapter ATCP 33 addresses bulk storage of pesticides and fertilizers.

(d) Aboveground storage tanks storing liquids that are used in processes covered in any of the following standards:

1. NFPA 33 Spray Application Using Flammable or Combustible Materials.

2. NFPA 34 Dipping & Coating Processes Using Flammable or Combustible Liquids.

4. NFPA 45 Fire Protection for Laboratories Using Chemicals.

(e) Dedicated breakout tanks that are located at pipeline facilities.

(f) Odorant or other additive injection tanks that are directly connected to a pipeline.

(g) Contractor tanks that are mounted on pickup trucks.

(h) Oil-filled electrical equipment and transformers.

(i) Accumulator tanks.

(j) Process tanks.

(k) Product recovery tanks.

(L) Service tanks.

(m) Marine fueling facilities where fuel is stored and dispensed into the fuel tanks of marine craft of 300 gross tons or more.

(n) Aboveground or underground tank systems that store nonflammable and noncombustible hazardous liquids in concentrations of less than 1 percent by volume.

Note: Safety data sheets should be consulted for flash point and concentration.

(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.

Note: Safety data sheets should be consulted for flash point and concentration.

(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.

(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.

(r) Underground storage tank systems that contain radioactive material which is regulated under the federal Atomic Energy Act of 1954.

Note: The Atomic Energy Act of 1954 is contained in 42 USC 2011 et seq.

(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.

(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:

1. Tank configurations are single-wall or double-wall, with or without heating coils.

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.

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.

(u)

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.