ATCP 93.260 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.300(1)(a)(a) Used oil shall be considered a Class IIIB liquid unless designated otherwise in this chapter or as shown by product flashpoint testing.
ATCP 93.300(1)(b)
(b) Tanks used to store used oil to supply an oil burner shall comply with the heating-fuel storage requirements in s.
ATCP 93.310 and NFPA 31 chapter 7.
ATCP 93.300 Note
Note: Devices that burn used oil are regulated by the Commercial Building Code, chs.
SPS 361 to
366, and the Fire Prevention Code, ch.
SPS 314. The tank that stores the oil is regulated by this chapter.
ATCP 93.300 Note
Note: NFPA 31 section 12.9.1 requires tanks that supply used oil to an oil burner to be listed.
ATCP 93.300(2)(a)(a) Tanks for the storage of used oil shall comply with the construction and marking requirements in s.
ATCP 93.250 anytime a tank system is installed.
ATCP 93.300(2)(b)
(b) Aboveground tanks for used-oil storage that have a capacity of less than 750 gallons are not required to be listed, or marked in accordance with s.
ATCP 93.250 (3), except for tanks which supply oil to an oil burner.
ATCP 93.300 Note
Note: See s.
ATCP 93.250 for minimum marking requirements for newly manufactured or constructed tanks.
ATCP 93.300(2)(c)
(c) Tanks shall be constructed of noncombustible materials, unless constructed and utilized in accordance with SU 2258 from Underwriters Laboratories Inc.
ATCP 93.300(2)(d)
(d) The fill opening shall be screened to prevent the passage of solid objects into the tank.
ATCP 93.300(2)(f)
(f) The fill opening shall be closed except when a transfer is actually taking place.
ATCP 93.300(2)(g)
(g) Tanks that store used oil shall be installed by or under the direct supervision of a certified installer.
ATCP 93.300(2)(h)
(h) The building setback for tanks which have a capacity of less than 1,100 gallons and which store used oil may be less than the setbacks listed in NFPA 30 Table 22.4.1.6 if approved in writing by the authorized agent or the department; and that approval shall be based on consideration of the construction material for the building wall, the size of the tank, and the adjacent vehicular traffic.
ATCP 93.300 Note
Note: See s.
ATCP 93.260 for minimum separating distances between tanks and water supply wells.
ATCP 93.300(3)
(3)
Spill and overfill prevention. All tanks, whether new or existing, shall comply with all of the following:
ATCP 93.300(3)(b)
(b) If the fill opening is located outdoors, the opening shall be located in a watertight enclosure of noncombustible construction.
ATCP 93.300(3)(c)1.1. Each tank shall have a means of overfill prevention that consists of either a visual gauge, an audible or visual alarm, or a pump shutdown which activates at 90 percent of the tank's capacity, except as provided in subd.
2. ATCP 93.300(3)(c)2.a.a. If the fill point is remote from the tank or if the delivery person cannot readily observe the tank gauge, an overfill alarm shall be provided at the fill point unless a pump shutdown is provided that activates at 90 percent of the tank's capacity.
ATCP 93.300(3)(c)2.b.
b. All overfill alarms shall be readily audible or visible at the fill point and shall alert the delivery person when the tank is 90 percent full.
ATCP 93.300(4)
(4)
Signage. All tanks, whether new or existing, shall be provided with a permanent and durable sign installed at the used oil handler site or facility that includes all of the following:
ATCP 93.300(5)
(5)
Vehicle collision protection. Vehicle collision protection shall be provided for aboveground tanks in accordance with s.
ATCP 93.430 unless the authorized agent or the department determines the tank system is not subject to vehicle collision.
ATCP 93.300(6)(b)
(b) Tanks located inside a building shall have secondary containment for 100 percent of the tank capacity if a leak from the storage tank could reach a floor drain, the exterior of the building, or areas that pose an ignition hazard.
ATCP 93.300 Note
Note: An oil-water separator connected to a floor drain may be used for all or a portion of the required secondary containment, depending on the system capacity.
ATCP 93.300(7)(a)
(a)
General. Underground tanks for used-oil storage shall comply with the applicable portions of NFPA 30 and this section.
ATCP 93.300(7)(b)
(b)
Spill protection. For underground tanks that store used oil, spill protection is not required at any point other than the fill point, if the tank meets all of the following conditions:
ATCP 93.300(7)(b)1.
1. The tank receives used oil in batches of 25 gallons or less by manual transfer.
ATCP 93.300(7)(c)
(c)
Corrosion protection. Corrosion protection shall be provided in accordance with s.
ATCP 93.520 except this protection is not required for piping that is associated with an underground tank which stores used oil, provided the tank and piping meet all of the following conditions:
ATCP 93.300(7)(c)1.
1. The tank receives used oil in batches of 25 gallons or less by manual transfer.
ATCP 93.300(7)(c)2.
2. All piping that is underground is sloped at an angle of at least 30 degrees from horizontal between the point at which it enters the ground and the tank, to allow for the free flow of oil.
ATCP 93.300 Note
Note: This section does not exempt the tank itself from corrosion protection requirements.
ATCP 93.300(8)
(8)
Tank closure and general administrative requirements. ATCP 93.300 Note
Note: Sections
ATCP 93.440 to
93.470 address: inspections; seldom-used and temporarily out of service tanks; change in service to store a non-regulated substance; tank closures; tank-system site assessments; and confirming and responding to leaks, spills, overfills and releases.
ATCP 93.300 Note
Note: Sections
ATCP 93.545 to
93.585 address: seldom-used and temporarily out of service tanks; change in service to store a non-regulated substance; tank system closures; conditions indicating releases; tank-system integrity assessments; tank-system site assessments; and responding to leaks, spills, overfills and releases.
ATCP 93.300(9)
(9)
Scrap recycling and automobile recycling facilities. Subsections
(1) (a),
(2) (a),
(2) (c) to
(h),
(3) to
(5),
(6) (a), and
(8) do not apply to a new or existing aboveground tank which contains used oil and which is located at a scrap recycling or automobile recycling facility adequately participating in a cooperative compliance program approved by the department of natural resources, provided all of the following requirements are met:
ATCP 93.300(9)(a)
(a) The tank is constructed of a durable material acceptable to the department.
ATCP 93.300(9)(b)
(b) If located outside of a building, the tank has secondary containment acceptable to the department.
ATCP 93.300(9)(c)
(c) If located inside a building, the tank has venting and fire prevention features acceptable to the department.
ATCP 93.300 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.305
ATCP 93.305 Public used oil collection centers. ATCP 93.305 Note
Note: Also see ch.
NR 679 for additional rules pertaining to used oil collection centers, such as operational criteria.
ATCP 93.305(2)
(2)
Tank construction. The tank shall be constructed to one of the recognized design standards in NFPA 30 chapter 21 unless otherwise accepted by the department.
ATCP 93.305 Note
Note: Design standards recognized by NFPA 30 chapter 21 include API 12B, API 12D, API 12F, API 650, UL 58, UL 80, UL 142, UL 1316, UL 1746, UL 2080 and UL 2085.
ATCP 93.305(3)(b)
(b) Tanks located outdoors shall comply with the setback requirements of NFPA 30 Tables 22.4.1.1 (a) and (b) for a Class IIIA liquid.
ATCP 93.305(3)(c)
(c) Tanks located inside a building shall have venting that terminates outdoors.
ATCP 93.305(4)(b)
(b) A tank of double-wall construction, that is accessible to the public, shall be placed within secondary containment which meets all of the following requirements:
ATCP 93.305(4)(b)2.
2. The containment shall extend at least 2 feet beyond the greatest tank dimension in all directions.
ATCP 93.305(4)(c)
(c) The tank shall be set back from the curb or dike wall such that an overflow of the tank will be contained within the diked or curbed area.
ATCP 93.305(4)(d)
(d) The fill opening with spill containment shall be located within the diked or curbed area.
ATCP 93.305 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.310(1)(1)
Scope. This section applies to any new or existing aboveground or underground tank that is used to supply liquid fuel to a heating device, including a used oil burner, if the device and the fuel have the following characteristics:
ATCP 93.310(1)(a)
(a) The heating device is used for space heating, processing or manufacturing.
ATCP 93.310 Note
Note: Number 5 and 6 fuel oil do not meet the criteria for a liquid and therefore are not regulated by this chapter.
ATCP 93.310(2)(a)
(a) Tanks that supply oil-burning equipment shall be installed, used and maintained in accordance with NFPA 31 and this section.
ATCP 93.310(2)(b)
(b) Tanks used to store heating fuel shall be installed by or under the direct supervision of a certified installer.
ATCP 93.310 Note
Note: Tanks installed at 1- or 2-family dwellings are not required to have plan review under s.
ATCP 93.100, and aboveground tanks that have a capacity of less than 1,100 gallons are not required to have registration under s.
ATCP 93.140.
ATCP 93.310 Note
Note: Devices that burn used oil are regulated by the Commercial Building Code, chs.
SPS 361 to
366, and the Fire Prevention Code, ch.
SPS 314. The tank that stores the oil is regulated by this chapter.
ATCP 93.310(3)
(3)
Underground tanks that have a capacity of less than 4,000 gallons. Underground heating oil storage tank systems that have a capacity of less than 4,000 gallons shall have all of the following:
ATCP 93.310(3)(a)
(a) Overfill prevention equipment that notifies the person filling the tank, with either an audible or a visual signal, that the liquid level has reached 90 percent of the tank's capacity.
ATCP 93.310(3)(b)
(b) Corrosion protection that complies with s.
ATCP 93.520, except this requirement does not apply to tanks that were installed before November 1, 1994.
ATCP 93.310(3)(c)1.1. Precision tightness testing every 2 years or leak detection in accordance with s.
ATCP 93.510, except this requirement does not apply to residential tanks which have a capacity of less than 1,100 gallons and which were installed before October 29, 1999, for consumptive use on the property where stored.
