Chapter ATCP 93

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.

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) (6) General requirements.

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 ATCP 93.350 Hazardous substances.

ATCP 93.350(1) (1) Scope and application.

ATCP 93.350(1)(a) (a) General.

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

ATCP 93.350(1)(b)4. 4. Portable tanks containing liquids that are not flammable or combustible.

ATCP 93.350(1)(b)5. 5. Tanks regulated under, and maintained in compliance with, the rules in 40 CFR 430.03.

ATCP 93.350(2) (2) Tank system design and construction.

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) (d) Qualified engineer.

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.

ATCP 93.350(2)(d)2. 2. The qualified engineer shall be competent in the engineering methods for designing and installing hazardous liquid tank systems.

ATCP 93.350(2)(d)3. 3. The qualified engineer shall be a registered professional engineer, unless one of the exemptions in s. 443.14, Stats., applies.

ATCP 93.350(3) (3) General requirements for tanks. Storage tanks shall meet all of the following requirements:

ATCP 93.350(3)(a) (a) Structural. Tanks shall have a stable foundation under all operating conditions and be of sufficient structural strength to withstand normal handling and use.

ATCP 93.350(3)(b) (b) Chemical compatibility. Tanks shall be chemically compatible with the substance being stored.

ATCP 93.350(3)(c) (c) Wear, vibration, shock, and corrosion. Tanks shall be protected from failure due to internal and external wear, vibration, shock, and corrosion.

ATCP 93.350(3)(d) (d) Fire, heat, vacuum, and pressure. Tanks shall be protected from fire, heat, vacuum, and pressure that might cause tank failure.

ATCP 93.350(3)(e) (e) Collision protection. Tanks that are subject to vehicle collision shall be protected from collision damage by vehicles and equipment.

ATCP 93.350(3)(f) (f) Fiberglass-reinforced plastic. If fiberglass-reinforced plastic material is used, the material shall be of sufficient density and strength to form a hard, impermeable shell that will not crack, wick, wear, soften, or separate under normal service conditions.

ATCP 93.350(3)(g) (g) National standards. Tanks shall be designed, constructed and installed or certified by a qualified engineer in accordance with a standard recognized by the department that is developed by a nationally recognized association or independent testing laboratory.

ATCP 93.350(3)(h) (h) Listing. Tanks used for underground storage shall be listed or shall be approved by the department.

ATCP 93.350(3)(i) (i) Reinstallation of used tank systems.

ATCP 93.350(3)(i)1. 1. Used tank systems that do not meet the standards for new tanks under par. (g) or new piping under sub. (4) may not be reinstalled for hazardous substance storage.

ATCP 93.350(3)(i)2. 2. If a used tank meets the standards for new tanks under par. (g), it may be reinstalled provided it is certified by a qualified engineer for use.

ATCP 93.350(3)(k) (k) Spill prevention at pumps and valves. The owner or operator shall prevent spills and leaks at all pumps and valves that control a liquid hazardous substance by using one or more of the following methods:

ATCP 93.350(3)(k)1. 1. Installation of seal-less pumps and valves, double-seal pumps and valves or equivalent technology.

ATCP 93.350(3)(k)2. 2.

ATCP 93.350(3)(k)2.a. a. Implementation of a pump and valve inspection, maintenance, and repair program that complies with subd. 2. b.

ATCP 93.350(3)(k)2.b. b. The frequency of inspection and scope of maintenance and repair shall be based on a minimum of 5 years of actual operating and service records, manufacturer’s recommendation, or records for similar operations.

ATCP 93.350(3)(k)3. 3.

ATCP 93.350(3)(k)3.a. a. Installation of pumps and valves within a catchment basin, such as a drip pan, pad or secondary containment system, that complies with subd. 3. b. and c.

ATCP 93.350(3)(k)3.b. b. The catchment basin shall be compatible with the substance stored for a period of time that will allow for cleanup under all operating conditions.

ATCP 93.350(3)(k)3.c. c. The catchment basin shall be inspected each day of operation for accumulation of liquid and shall have the capacity to contain all spills likely to accumulate in the basin.

ATCP 93.350(3)(L) (L) Tanks subject to melting. Aboveground storage tanks constructed of a material subject to melting when exposed to fire shall be located so that any spill or leak resulting from the failure of the material could not unduly expose persons, structures, or the environment.

ATCP 93.350(3)(m) (m) Tanks subject to scouring.

ATCP 93.350(3)(m)1. 1. Storage tanks subject to scouring by the inflow of materials, or subject to wear from manual gauging shall be equipped with wear plates, diffusers, or other means to prevent localized wear or corrosion.

ATCP 93.350(3)(m)2. 2. If wear plates are used, they shall cover an area of at least one square foot and be installed in a manner that prevents crevice corrosion of the tank.

ATCP 93.350(3)(n) (n) Explosion protection. Tanks shall be protected from explosion in accordance with generally accepted engineering practices. Protection shall be provided by cooling systems, fire-resistance measures, depressurizing valves, foundation sloping to prevent burning liquids from accumulating under the tank, or other means determined by a qualified engineer and acceptable to the department.

ATCP 93.350(3)(o) (o) Protection from freezing. Tanks, piping, valves and other ancillary equipment shall be protected from physical damage by freezing.

ATCP 93.350(4) (4) Piping systems.

ATCP 93.350(4)(a) (a) General requirements. Piping systems serving hazardous substance storage tanks shall meet all of the following requirements:

ATCP 93.350(4)(a)1. 1. Piping systems shall be compatible with the substance stored and be protected from failure due to internal and external wear, vibration, shock, and corrosion.

ATCP 93.350(4)(a)2. 2. Piping systems shall be free of leakage, structurally sound, properly supported under all operating conditions and be protected from fire, heat, vacuum, and pressure that would cause the system to fail.

ATCP 93.350(4)(a)3. 3. Piping systems shall be designed, installed, and maintained to prevent damage from expansion, jarring, vibration, contraction, and frost.

ATCP 93.350(4)(a)4. 4. Piping systems shall be protected from collision damage or crushing loads by vehicles and equipment.

ATCP 93.350(4)(a)5. 5. Joint compounds and gaskets shall be compatible with the substance stored.

ATCP 93.350(4)(a)6. 6. Piping with pump or compressor connections shall be provided with shutoff valves located adjacent to the connections.

ATCP 93.350(4)(a)7. 7. Flexible connectors, elbows, loops, expansion chambers or similar measures shall be installed to allow for movement and prevent damage from water hammer.

ATCP 93.350(4)(a)8. 8. Piping systems that carry liquids which expand upon freezing shall be protected from freezing or shall have provisions to prevent rupture due to freezing.

ATCP 93.350(4)(a)9. 9. Refrigerated piping systems shall be constructed of materials suitable for extreme temperatures and pressures in the storage system.

ATCP 93.350(4)(b) (b) National standards. Hazardous substance piping systems serving storage tanks shall be designed, constructed and installed or certified by a qualified engineer in accordance with a standard, as recognized by the department, that is developed by a nationally recognized association or independent testing laboratory.

ATCP 93.350 Note Note: Examples of recognized standards include ORD-C107.7 — Glass-Fibre Reinforced Plastic Pipe and Fittings; and ASTM D 2996 — Standard Specification for Filament-Wound “Fiberglass” (Glass-Fiber-Reinforced Thermosetting Resin) Pipe.