ATCP 93.240(21)(a)1.1. ‘Cathodic protection tester.’ No person may conduct cathodic protection testing of a tank system that is regulated under this chapter unless the person holds a certification issued by the department as a certified cathodic protection tester. ATCP 93.240(21)(a)2.a.a. No person may design or install a cathodic protection system for a tank system that is regulated under this chapter unless the person holds a certification issued by the department as a certified corrosion expert. ATCP 93.240(21)(a)2.b.b. This paragraph does not apply to department-accepted, factory-supplied cathodic protection systems. ATCP 93.240 NoteNote: The department of agriculture, trade and consumer protection has accepted factory-supplied cathodic protection systems that comply with the sti-P3Ò specifications from the Steel Tank Institute, and may accept other systems of this type.
ATCP 93.240(21)(a)3.3. ‘Independence.’ Cathodic protection activities covered under this section shall be performed by a person with no personal or monetary interest in the facility and whose employer has no personal or monetary interest in the facility. ATCP 93.240(21)(b)(b) Application for certification. A person applying for certification as a cathodic protection tester or a corrosion expert shall submit all of the following: ATCP 93.240(21)(b)3.3. Documentation showing formal education relating to soil resistivity, stray current, structure-to-soil potential, component electrical isolation measurements of buried metal piping and tank systems, and corrosion control. ATCP 93.240(21)(b)4.4. Documentation from a cathodic protection certification entity recognized by the department, showing the applicant has successfully completed a certification examination that corresponds to the cathodic protection specialty addressed in the application. ATCP 93.240 NoteNote: The department of agriculture, trade and consumer protection will accept the following certifications as demonstrating compliance with subds. 3. and 4. for a cathodic protection tester:
ATCP 93.240 Note- NACE certification as a CP 1 tester.
ATCP 93.240 Note- NACE certification as a CP 2 technician.
ATCP 93.240 Note- NACE certification as a CP 3 cathodic protection technologist.
ATCP 93.240 Note- NACE certification as a senior corrosion technologist.
ATCP 93.240 Note- NACE certification as a corrosion technologist.
ATCP 93.240 Note- NACE certification as a corrosion technician.
ATCP 93.240 Note- STI certification in UST system cathodic protection monitoring.
ATCP 93.240 NoteNote: The department of agriculture, trade and consumer protection will accept the following certifications as demonstrating compliance with subds. 3. and 4. for a corrosion expert:
ATCP 93.240 Note- NACE certification as a corrosion specialist.
ATCP 93.240 Note- NACE certification as a CP 4 cathodic protection specialist.
ATCP 93.240 NoteNote: NACE, formerly known as the National Association of Corrosion Engineers, can be contacted at NACE International, PO Box 218340, Houston, TX 77218. STI can be contacted at Steel Tank Institute, 570 Oakwood Road, Lake Zurich, IL 60047.
ATCP 93.240(21)(c)(c) Responsibilities. A person who conducts cathodic protection tests or who designs or installs cathodic protection systems shall do all of the following: ATCP 93.240(21)(c)1.1. Conduct all cathodic protection tests in accordance with this chapter and any manufacturer’s instructions. ATCP 93.240(21)(c)2.2. Employ only those methodologies for which training has been obtained and documented. ATCP 93.240 NoteNote: Although several different levels of expertise may qualify for the same certification, this section is intended to prohibit performing cathodic protection activities unless the specific expertise for that activity has been attained and documented.
ATCP 93.240(21)(d)1.1. A person may renew a certification as a cathodic protection tester or corrosion expert. ATCP 93.240(21)(d)2.2. A certification for a cathodic protection tester or corrosion expert shall be renewed in accordance with sub. (7). ATCP 93.240 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (5) (a), (6) (a), (7) (b) 1., 2. b., c., (9) (d) 3. a., b., (11) (a) 10., (13) (a), (g) 2., (14) (a) 1., (15) (a) 1., (16) (a) 1., (f) 2., (17) (a) 1., 3., (e) 5., (f) 2., (18) (e) 13., (19) (a) 1., 2., (20) (a) 1., (21) (a) 1., 2., (b) 4. made under s. 35.17, Stats., (7) (b) 2. ag., ar. renum. from (7) (b) 2., a. under s. 13.92 (4) (b) 1., Stats., and correction in (13) (e), (15) (d), (17) (a) 3. made under s. 13.92 (4) (b) 7., Stats., Register October 2019 No. 766. ATCP 93.250(1)(1) Multi-compartment tanks. Each compartment of a multi-compartment tank shall be considered a separate tank, even if the same substance is stored in 2 or more of the compartments. ATCP 93.250(2)(2) Construction. Tanks containing flammable or combustible liquids shall be constructed and listed or labeled to one of the recognized design standards in NFPA 30 section 21.4.2, or to another standard or design approved by the department, except this requirement does not apply to any of the following tanks: ATCP 93.250 NoteNote: Section ATCP 93.350 requires hazardous substance tanks to be designed and constructed under the supervision of a qualified engineer. ATCP 93.250(2)(b)(b) Tank wagons, farm tanks and tank vehicles used in accordance with the requirements in ss. ATCP 93.610 and 93.630, for fuel dispensing from aboveground tanks and at farms and construction projects. ATCP 93.250 NoteNote: Design standards recognized by NFPA 30 section 21.4.2 include API 12B, API 12D, API 12F, API 650, UL 58, UL 80, UL 142, UL 1316, UL 1746, UL 2080 and UL 2085. Another standard approved by the department is SU 2258 from Underwriters Laboratories Inc.
ATCP 93.250 NoteNote: Tank wagons have construction requirements in s. ATCP 93.610 (1). Farm tanks are required to meet the construction specifications in NFPA 30A section 13.2.3. Tank vehicles are required to meet the construction specifications in NFPA 385 chapters 2 and 3. Movable tanks covered under the dispensing requirements in s. ATCP 93.610 (2) are not exempted from this requirement. ATCP 93.250(2)(c)(c) Tanks which are custom built for a specific purpose and which are supported by a statement acceptable to the department, from a qualified engineer, as defined in s. ATCP 93.350 (2) (d), except the competency of the engineer shall relate to the purpose for the custom-built tank. ATCP 93.250(2)(d)(d) Aboveground used-oil tanks at a scrap recycling or auto recycling facility that are exempted from these requirements under s. ATCP 93.300 (9). ATCP 93.250(3)(3) Marking. Newly manufactured or constructed tanks shall have at least all of the following information permanently marked on the exterior of the tank by the manufacturer or the party responsible for tank construction: ATCP 93.250(3)(a)(a) The name of the manufacturer or the party responsible for tank construction. ATCP 93.250(3)(c)(c) The standard under which the tank is manufactured or constructed. ATCP 93.250 NoteNote: The applicable construction standard may already require this information or additional information to be marked on the tank. This marking requirement especially applies to farm tanks which have a capacity of less than 1,100 gallons and which are not required to be manufactured to any specific construction standard other than the minimal requirements in NFPA 30A section 13.2.3.
ATCP 93.250 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.260ATCP 93.260 Setbacks from already-installed potable water supply sources. ATCP 93.260(1)(a)(a) Tank systems and their dispensing systems shall comply with the setback requirements in Table 93.260, except as specified in pars. (b) and (c). ATCP 93.260(1)(b)(b) These setbacks do not apply where piping or dispensers are being replaced without replacing the tank. ATCP 93.260(1)(c)(c) These setbacks do not apply where shorter setbacks are specified by the department of natural resources. ATCP 93.260 NoteNote: The department of natural resources administers separating distances for proposed public community water supply wells regulated under ch. NR 811, and those distances may differ from the distances in Table 93.260. See footnote 4 under Table 93.260 for DNR requirements about separating distances for proposed and already-installed private water supply wells regulated under ch. NR 812. ATCP 93.260 NoteNote: Longer setback distances may be imposed through local wellhead-protection requirements.
Table 93.260
1 Any reference in this column to a UST or AST “system” means both the tank and any product piping connected to it have the subsequently specified features.
2 The setback in this column is at least 1200 feet if any associated fueling area is not on a concrete surface, and any associated AST is not on a concrete surface, except this requirement does not apply to the setback for a one- or two-family residential heating oil AST.
3 The setback in this column is at least 100 feet if any associated fueling area is not on a concrete surface, and any associated AST is not on a concrete surface, except this requirement does not apply to the setback for a one- or two-family residential heating oil AST.
4 Any setback in this column that is less than 100 feet, other than the 25-foot setback for one- and two-family residences, may be utilized only after obtaining a variance or other approval from the department of natural resources, except a variance or other approval is not required for an AST that has a capacity of 1500 gallons or less.
5 This distance may be reduced by 50 percent if all of the following features are provided and maintained in addition to the features in the tank-type column: tank system construction of corrosion-resistant material, such as fiber-reinforced plastic, or steel with a fiber-reinforced plastic wrap or jacket; non-discriminating sump sensors; testable secondary containment spill bucket; continuous electronic pressure, vacuum, or liquid-filled interstitial monitoring with automatic system shut-down; audible and visual high-level alarm at 90 percent full, and automatic shut-off at 95 percent; all fueling area protected by canopy; and downspouts for drainage of rainwater do not discharge into a fueling area.
6 This distance may be reduced by 50 percent if all of the following features are provided and maintained in addition to the features in the tank-type column: either continuous non-discriminating electronic interstitial monitoring for double wall, or continuous non-discriminating electronic sensor for other secondary containment; audible and visual high-level alarm at 90 percent full, and either automatic shutoff at 95 percent or no latch-open device is used with any manual-shutoff nozzle; all dispensing by suction pump fuel transfer; all motor vehicle fueling limited to private or fleet use; all fueling area protected by canopy; and downspouts for drainage of rainwater do not discharge into a fueling area.
7 This reduced setback is only permitted for emergency or standby power systems that are operated by the same facility which operates the well, and only if all of the following features are provided and maintained in addition to the features in the tank-type column: audible and visual high-level alarm at 90 percent full, and either automatic shutoff at 95 percent or no latch-open device is used with any manual-shutoff nozzle. This setback may be reduced further where approved in writing by the department, upon submittal of an explanation of why reducing the setback is needed, along with demonstration that additional features will be included which will provide adequate protection for the well.
ATCP 93.260 NoteNote: Aboveground storage tanks include tanks that are inside a building and have a liquid capacity of 110 gallons or more, are intended for fixed installation, and are not solely used for processing.
ATCP 93.260(2)(2) Tank systems and their dispensing systems shall be at least 50 feet from ground-level potable water reservoirs regulated under ch. NR 811, except as specified in sub. (1) (b) and (c). ATCP 93.260(3)(3) Tank systems and their dispensing systems shall be at least 25 feet from potable water mains regulated under ch. NR 811, except as specified in sub. (1) (b) and (c). ATCP 93.260 HistoryHistory: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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.
