Chapter ATCP 93

ATCP 93.310(2) (2) Installation, use and maintenance.

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) (c)

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.

ATCP 93.310(3)(c)2. 2. The tightness testing or leak detection methods used to comply with subd. 1. shall be specifically approved for use with the specific type of heating oil in accordance with s. ATCP 93.130.

ATCP 93.310(4) (4) Underground tanks that have a capacity of 4,000 gallons or more. Underground heating oil storage tank systems that have a capacity of 4,000 gallons or more shall have secondary containment which complies with s. ATCP 93.500 (1) if the system is either new or a replacement, leak detection which complies with s. ATCP 93.510 and corrosion protection which complies with s. ATCP 93.520.

ATCP 93.310(5) (5) Spill and overfill prevention.

ATCP 93.310(5)(a) (a) Spill and overfill prevention for aboveground tanks shall be provided in accordance with s. ATCP 93.300 (3).

ATCP 93.310(5)(b) (b) Spill and overfill prevention for underground tanks shall be provided in accordance with s. ATCP 93.505, except this requirement does not apply to residential tanks that have a capacity of less than 1,100 gallons containing fuel oil for consumptive use on the property.

ATCP 93.310(5)(c) (c) Fill pipes for used-oil tanks that are part of a heating system may be located inside a building.

ATCP 93.310(6) (6) Tank closure and general administrative requirements.

ATCP 93.310(6)(a) (a) Aboveground tanks. Aboveground tanks that store heating oil shall comply with ss. ATCP 93.440 to 93.470.

ATCP 93.310 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 93.310(6)(b) (b) Underground tanks. Underground tanks that store heating oil shall comply with ss. ATCP 93.545 to 93.585.

ATCP 93.310 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 93.310 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.315 ATCP 93.315 Heating oil tanks that are removed from service.

ATCP 93.315(1) (1) Application. This section applies to aboveground heating oil storage tanks which are connected to heating appliances and which store heating oil that is consumed on the premises.

ATCP 93.315(2) (2) General. Placing a heating oil storage tank out of service for any reason other than immediate repair or replacement shall follow the procedure in either par. (a) or (b):

ATCP 93.315(2)(a) (a) The tank and all connected piping, including the vent and fill piping, shall be emptied, cleaned and removed from the premises.

ATCP 93.315(2)(b) (b)

ATCP 93.315(2)(b)1. 1. The tank and all connected piping shall be emptied and purged of all vapors.

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) (3) Responsible parties.

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) (1) Installation and use.

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) (c) Marking.

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) (e) Aboveground storage tank systems not located in a 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(3)(a) (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.

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) (3) Pressure vessels.

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) (4) Tank vehicles.

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 ATCP 93.340 Bulk plants and terminals.

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) (2) Product identification.

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)(b)1. 1. A disc tag of non-sparking material.

ATCP 93.340(2)(b)2. 2. A label using minimum one-inch block letters.

ATCP 93.340(2)(b)3. 3. Painted sections at least 12 inches long.

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.