Wisconsin Legislature: ATCP 93.330(2)

(3) Responsible parties.

(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).

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.

(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).

(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.

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

ATCP 93.320 Fuel storage for stationary combustion engines and gas turbines.

(1) Installation and use.

(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.

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.

(b) Certified installer. Tank installation shall be performed or supervised by a certified installer.

Note: See s. ATCP 93.100 (1) (b) 11. for criteria that can be used to exempt these tanks from plan review.

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.

2. Aboveground storage tanks shall have the tank labeled with the type of fuel.

(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.

(e) Aboveground storage tank systems not located in a building.

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.

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.

(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.

(2) Spill and overfill prevention. Spill and overfill prevention shall be provided in accordance with s. ATCP 93.410.

(3) Tank closure and general administrative requirements.

(a) Aboveground tanks. Aboveground tanks that store fuel for stationary combustion engines and gas turbines shall comply with ss. ATCP 93.440 to 93.470.

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.

(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.

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.

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

ATCP 93.330 Converted tanks for the storage of flammable and combustible liquids.

(1) Application. This section applies to all converted tanks, whether new or existing.

(2) General installation and use. Converted tanks for the storage of flammable and combustible liquids shall be installed by a certified installer.

(3) Pressure vessels.

(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.

(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.

(4) Tank vehicles.

(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).

(b) Cargo tanks for permanent stationary use shall be constructed of steel only.

(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.

(d) Venting of the cargo tank shall follow the requirements of either NFPA 385 chapter 5 or this chapter.

(5) General administrative requirements. Converted tanks shall follow the operating requirements of this chapter applicable to their current use.

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 Manufacture of organic coatings.

(1) Application. This section applies to storage tank systems for flammable or combustible liquids used in the manufacture of organic coatings.

(2) General. The tank systems shall comply with NFPA 35.

(3) Certified installer. A certified installer shall perform or supervise the installation.

(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.

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 Bulk plants and terminals.

(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.

(2) Product identification.

(a) Standard color code. All new and existing tanks and piping at bulk plants and terminals shall use the identification scheme in API 1637.

Note: See s. ATCP 93.230 (12) for color coding of fill pipe caps and manhole covers for underground tanks.

(b) Type of identification. The product identification scheme in API 1637 shall be accomplished by one of the following methods:

1. A disc tag of non-sparking material.

2. A label using minimum one-inch block letters.

3. Painted sections at least 12 inches long.

(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.

(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.

(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.

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.

(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.

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.

(6) General requirements.

(a) Aboveground tanks at existing facilities. Aboveground tank systems at existing bulk plants and terminals shall comply with subch. IV.

(b) Underground tanks at existing facilities. Underground tank systems at existing bulk plants and terminals shall comply with subch. V.

(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.

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 Hazardous substances.

(1) Scope and application.

(a) General.

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.

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.

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.

Note: See s. ATCP 93.140 for tank registration requirements and s. ATCP 93.145 for tank permit requirements.

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.

(b) Exemptions. This section does not apply to any of the following:

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.

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.

3. Accumulator tanks, process tanks, or service tanks.

4. Portable tanks containing liquids that are not flammable or combustible.

5. Tanks regulated under, and maintained in compliance with, the rules in 40 CFR 430.03.

(2) Tank system design and construction.

(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.

(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.

(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.

(d) Qualified engineer.

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.

2. The qualified engineer shall be competent in the engineering methods for designing and installing hazardous liquid tank systems.

3. The qualified engineer shall be a registered professional engineer, unless one of the exemptions in s. 443.14, Stats., applies.

(3) General requirements for tanks. Storage tanks shall meet all of the following requirements: