ATCP 93.315(2)(b)2.
2. If the tank is not removed, the tank vent shall be left intact and open.
ATCP 93.315(2)(b)3.
3. If the fill pipe is not removed, it shall be filled to the top with concrete and capped.
ATCP 93.315(2)(b)4.
4. Any piping that is not removed, other than a tank vent, shall be capped or otherwise sealed.
ATCP 93.315(3)(a)
(a)
Contractors. A person who is under contract, with the person who owns or controls a property, to remove a heating oil storage tank or to place a heating oil storage tank out of service shall comply with sub.
(2).
ATCP 93.315 Note
Note: A contractor must be certified in accordance with s.
ATCP 93.240 to perform tank cleaning and tank removal at other than 1- and 2-family dwellings. Section
ATCP 93.460 states that certification is not required for persons performing cleaning and removal of heating fuel tanks located aboveground or in basements at 1- and 2-family dwellings.
ATCP 93.315(3)(b)
(b)
Owners. If there is no contractor, the person who owns or controls a property from which a heating oil storage tank is removed, or on which a heating oil storage tank is placed out of service, shall comply with sub.
(2).
ATCP 93.315(4)
(4)
Notification requirement. The person who owns or controls property from which a heating oil storage tank has been removed, or on which a heating oil storage tank has been placed out of service, shall provide written notice to the current heating oil vendor within 7 days after removing the tank or placing the tank out of service. If there is a scheduled delivery in less than 7 days, notification may be given verbally provided it is followed by written notification within 7 days after verbal notification.
ATCP 93.315 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.320
ATCP 93.320 Fuel storage for stationary combustion engines and gas turbines. ATCP 93.320(1)(a)(a)
General. This section applies to the fuel storage tanks of stationary combustion engines and gas turbines, except when used at a farm premises or construction project.
ATCP 93.320 Note
Note: Stationary combustion engines under this section are commonly used to power emergency generators and pumps that provide fire protection. For requirements for storage tanks that are used to fuel stationary combustion engines at a farm premises or construction project, see s.
ATCP 93.630.
ATCP 93.320(1)(b)
(b)
Certified installer. Tank installation shall be performed or supervised by a certified installer.
ATCP 93.320 Note
Note: See s.
ATCP 93.100 (1) (b) 11. for criteria that can be used to exempt these tanks from plan review.
ATCP 93.320(1)(c)1.1. Aboveground tanks with the fill point remote from the tank and all new and existing underground storage tanks shall have the fill point labeled with the type of fuel.
ATCP 93.320(1)(c)2.
2. Aboveground storage tanks shall have the tank labeled with the type of fuel.
ATCP 93.320(1)(d)
(d)
Aboveground storage tank systems located in buildings. Aboveground storage tank systems located in buildings and used to store fuel for stationary combustion engines and gas turbines shall comply with NFPA 20 and 37 chapter 6, and the fill connection shall be located outside the building.
ATCP 93.320(1)(e)1.1. Aboveground storage tank systems not located in a building and used to store fuel for stationary combustion engines and gas turbines shall comply with subch.
IV and
NFPA 20 and 37 chapter 6.
ATCP 93.320(1)(e)2.
2. Storage tanks under this section that are within an enclosure which does not have enough non-mechanical, open-louver area in the lower portion of the walls or doors to prevent hazardous build-up of vapors shall have vents terminating outside of the enclosure. Any vent terminating through the roof of the enclosure shall extend high enough to prevent snow or ice build-up from impacting the operation of the vent.
ATCP 93.320(1)(f)
(f)
Underground storage tank systems. Underground storage tank systems used to store fuel for stationary combustion engines and gas turbines shall comply with subch.
V and
NFPA 37 chapter 6.
ATCP 93.320(2)
(2)
Spill and overfill prevention. Spill and overfill prevention shall be provided in accordance with s.
ATCP 93.410.
ATCP 93.320(3)
(3)
Tank closure and general administrative requirements. ATCP 93.320 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 93.320(3)(b)
(b)
Underground tanks. Underground tanks that store fuel for stationary combustion engines and gas turbines shall comply with ss.
ATCP 93.545 to
93.585.
ATCP 93.320 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 93.320 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.330
ATCP 93.330 Converted tanks for the storage of flammable and combustible liquids. ATCP 93.330(1)(1)
Application. This section applies to all converted tanks, whether new or existing.
ATCP 93.330(2)
(2)
General installation and use. Converted tanks for the storage of flammable and combustible liquids shall be installed by a certified installer.
ATCP 93.330(3)(a)
(a) Low-pressure tanks and pressure vessels that are being converted to the storage of flammable or combustible liquids at atmospheric pressure shall meet the applicable tank storage requirements of this chapter, specific to the liquid stored.
ATCP 93.330(3)(b)
(b) Tank supports shall be capable of supporting a static load equal to at least 2 times the weight of the full tank. This capability shall be confirmed by engineering structural analysis, by field testing, or by reference to an approved design standard.
ATCP 93.330(4)(a)(a) The cargo tank of a tank vehicle that is converted to a stationary tank for the storage of flammable or combustible liquids shall meet the applicable tank storage requirements of this chapter, specific to the liquid stored, along with the requirements in pars.
(b) to
(d).
ATCP 93.330(4)(b)
(b) Cargo tanks for permanent stationary use shall be constructed of steel only.
ATCP 93.330(4)(c)
(c) The cargo tank vehicle platform shall be supported off the vehicle wheels and landing gear and secured against movement, by the use of blocking devices and anchoring mechanisms that are acceptable to the department.
ATCP 93.330(4)(d)
(d) Venting of the cargo tank shall follow the requirements of either NFPA 385 chapter 5 or this chapter.
ATCP 93.330(5)
(5) General administrative requirements. Converted tanks shall follow the operating requirements of this chapter applicable to their current use.
ATCP 93.330 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; correction in (3) (b) made under s.
35.17, Stats.,
Register October 2019 No. 766.
ATCP 93.335
ATCP 93.335 Manufacture of organic coatings. ATCP 93.335(1)(1)
Application. This section applies to storage tank systems for flammable or combustible liquids used in the manufacture of organic coatings.
ATCP 93.335(2)
(2)
General. The tank systems shall comply with NFPA 35.
ATCP 93.335(3)
(3)
Certified installer. A certified installer shall perform or supervise the installation.
ATCP 93.335(4)
(4)
Retroactivity. Tanks existing by November 1, 2019, shall comply with the registration requirements in s.
ATCP 93.140 by November 1, 2020, and shall comply with the spill and overfill requirements in s.
ATCP 93.410 and with the transfer containment requirements in s.
ATCP 93.420 (5) by December 31, 2024.
ATCP 93.335 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; correction in (4) made under s.
13.92 (4) (b) 14., Stats.,
Register October 2019 No. 766.
ATCP 93.340(1)(1)
Clearances at bulk plants that were in existence on may 1, 1991. Bulk plant facilities that were in existence on May 1, 1991, with setbacks less than those specified in NFPA 30 section 22.4 may be renovated or updated, but no additional storage capacity may be added in violation of the specified clearances.
ATCP 93.340(2)(a)
(a)
Standard color code. All new and existing tanks and piping at bulk plants and terminals shall use the identification scheme in API 1637.
ATCP 93.340 Note
Note: See s.
ATCP 93.230 (11) for color coding of fill pipe caps and manhole covers for underground tanks.
ATCP 93.340(2)(b)
(b)
Type of identification. The product identification scheme in API 1637 shall be accomplished by one of the following methods:
ATCP 93.340(2)(c)
(c)
Location of identification. Tags shall be permanently affixed to the valve at the unloading riser, the pump control valves, the valve of a storage tank and load rack and on the product pipe lines in at least 3 locations equally spaced between terminating points or valves.
ATCP 93.340(3)
(3)
Property maintenance. 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.
ATCP 93.340(4)
(4)
Security at bulk plants and terminal storage facilities. Owners and operators shall be aware of regulations, standards and operating practices that relate to facility security.
ATCP 93.340 Note
Note: Information on how to develop a comprehensive site security program is available in the API document, Security Guidelines for the Petroleum Industry, or the American Chemistry Council document, Site Security Guidelines for the U.S. Chemical Industry.
ATCP 93.340(5)
(5)
Transfer operations at bulk plants and terminals. In order to prevent a spill from moving beyond the loading or unloading area, any new or existing aboveground or underground storage tank which has a capacity of 5,000 gallons or more and which is drained or filled by pumping to or from a transport vehicle shall be provided with a catchment basin or treatment facility to contain the maximum capacity of the largest compartment of a tank car or tank vehicle loaded or unloaded at the facility. Existing tanks shall comply with this subsection within 2 years after November 1, 2019.
ATCP 93.340 Note
Note: Federal Spill Prevention Control and Countermeasure requirements in
40 CFR 112 may apply to smaller product transfers. A catchment basin may consist of remote impounding.
ATCP 93.340(6)(a)
(a)
Aboveground tanks at existing facilities. Aboveground tank systems at existing bulk plants and terminals shall comply with subch.
IV.
ATCP 93.340(6)(b)
(b)
Underground tanks at existing facilities. Underground tank systems at existing bulk plants and terminals shall comply with subch.
V.
ATCP 93.340(6)(c)
(c)
New facilities. New bulk plants and terminals shall comply with PEI RP800; aboveground tank systems there shall also comply with s.
ATCP 93.400 (3),
(4),
(5), and
(7) to
(11); and underground tank systems there shall also comply with subch.
V.
ATCP 93.340 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; correction in (6) (c) made under s.
35.17, Stats.,
Register October 2019 No. 766.
ATCP 93.350(1)(a)1.1. This section applies to tanks that store, handle, or use liquids which are federally regulated hazardous substances, in any concentration of 1 percent or more by volume, for the purpose of protecting the waters of the state from contamination.
ATCP 93.350 Note
Note: The list of federally regulated hazardous substances covered in this subchapter, also known as the CERCLA List, is located in
40 CFR 302.4, Table 302.4.
ATCP 93.350 Note
Note: Other sections of this chapter regulate the storage and use of flammable and combustible liquids. Chapter
SPS 314 — the
Wisconsin Fire Prevention Code, through the adoption of NFPA 1,
Fire Code,
also regulates the storage and use of liquids that have properties such as being flammable, combustible, toxic, water reactive, explosive, and corrosive.
ATCP 93.350 Note
Note: See s.
ATCP 93.140 for tank registration requirements and s.
ATCP 93.145 for tank permit requirements.
ATCP 93.350(1)(a)2.
2. Liquids within the scope of subd.
1. that are flammable or combustible shall also meet the requirements of this chapter which apply to flammable or combustible liquids.
ATCP 93.350(1)(b)
(b)
Exemptions. This section does not apply to any of the following:
ATCP 93.350(1)(b)1.
1. Hazardous waste storage tanks that are licensed under s.
291.25, Stats., except any tank containing a flammable or combustible mixture of hazardous wastes regulated under that section, and other liquids, is not exempt from this chapter.
ATCP 93.350(1)(b)2.
2. Aboveground tanks which are used to store a federally regulated hazardous substance and which have a capacity of less than 5,000 gallons, and transfer operations involving these tanks, unless the substance is flammable or combustible.
ATCP 93.350(1)(b)4.
4. Portable tanks containing liquids that are not flammable or combustible.
ATCP 93.350(2)(a)
(a)
General. Design, construction and maintenance of tank systems for the storage of federally regulated hazardous substances shall be in accordance with good engineering practices and this chapter and shall be under the supervision of a qualified engineer.
ATCP 93.350(2)(b)
(b)
Notification. The qualified engineer shall notify the department or authorized agent on form TR-WM-121 of an impending installation of a tank system under this section unless this notice is provided under s.
ATCP 93.115 (2) (b) 3. A written statement shall be provided that the system has been designed and will have construction oversight by a qualified engineer.
ATCP 93.350(2)(c)
(c)
Testing. All new tanks and pipe systems shall have pressure or vacuum testing that shall assure that all components and connections are tight, in a manner equivalent to the protocol and parameters specified in NFPA 30 section 21.5 and PEI RP 100 sections 11 and 14, before the tanks and pipe systems are placed into service.
ATCP 93.350(2)(d)1.1. The qualified engineer responsible for design and oversight of construction of federally regulated hazardous substance liquid storage tank systems under this chapter shall meet the requirements of this paragraph.
