ATCP 93.340 HistoryHistory: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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(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. 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.