ATCP 93.020(6)(o)(o) Aboveground tank systems which have a capacity of less than 5,000 gallons and which store nonflammable and noncombustible hazardous liquids in concentrations of 1 percent or more by volume. ATCP 93.020 NoteNote: Safety data sheets should be consulted for flash point and concentration.
ATCP 93.020(6)(p)(p) Tank systems that store a hazardous waste which is listed or identified under subtitle C of the federal Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances that is nonflammable and noncombustible. ATCP 93.020(6)(q)(q) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 307 (b) or 402 of the federal Clean Water Act. ATCP 93.020(6)(r)(r) Underground storage tank systems that contain radioactive material which is regulated under the federal Atomic Energy Act of 1954. ATCP 93.020 NoteNote: The Atomic Energy Act of 1954 is contained in 42 USC 2011 et seq. ATCP 93.020(6)(s)(s) Underground storage tank systems that are part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR part 50. ATCP 93.020(6)(t)(t) Asphalt plant AC tanks which are used as burner or material-supply tanks in the process of making asphalt and which comply with all of the following: ATCP 93.020(6)(t)1.1. Tank configurations are single-wall or double-wall, with or without heating coils. ATCP 93.020(6)(t)2.2. The products stored in the tank are Class II or III liquids ranging from heating oil to used oil, to #4 or #5 heavy oils. ATCP 93.020(6)(t)3.3. The asphalt process equipment and the tank are typically located at an isolated location, such as a quarry, and are generally relocated from year to year or every couple of years. ATCP 93.020(6)(u)1.1. Facilities located on Indian reservation land that is held either in trust by the United States or in fee by the tribe or a tribal member. ATCP 93.020(6)(u)2.2. Facilities which are located on off-reservation Indian land that is held in trust by the United States, and which is held either in trust by the United States, or in fee by the tribe or a tribal member. ATCP 93.020(6)(v)1.1. A pipeline facility, including gathering lines, that is regulated under USC 49 chapters 601 and 603. ATCP 93.020(6)(v)2.2. An intrastate pipeline facility, including gathering lines, that is regulated under state laws as provided in USC 49 chapters 601 and 603 and which is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure, or as an integral part of a pipeline. ATCP 93.020 NoteNote: Chapter SPS 314 has fire prevention requirements that may apply to tanks which are not regulated by ch. ATCP 93, such as service tanks, and to portable tanks or containers which have a capacity of less than 110 gallons and which are used for flammable or combustible liquids, or for other liquids that are hazardous. Also, in conjunction with addressing the quality and retail sales of petroleum products, ch. ATCP 94 regulates containers which have a capacity of less than 275 gallons and which are used for storing gasoline or any other petroleum product that has a flash point of less than 100°F. Chapter ATCP 94 requires these containers to be colored red and appropriately labeled and prohibits using red containers for storing petroleum products that have a flash point of 100°F or more. ATCP 93.020(7)(a)(a) Where any department-written rule in this chapter differs from a requirement within a standard referenced in this chapter, the department-written rule shall govern. ATCP 93.020(7)(b)(b) Where a rule prescribes a general requirement and another rule prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a). ATCP 93.020(7)(c)(c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b). ATCP 93.020(8)(a)(a) This chapter does not limit the power of municipalities to make or enforce additional or more stringent regulations, provided the regulations do not conflict with this chapter or with any other rule of the department, except as provided in par. (b). ATCP 93.020(8)(b)(b) A 1st class city may apply different requirements for administering plan review and inspections by the city. ATCP 93.020 NoteNote: As of November 1, 2019, only the City of Milwaukee is a 1st class city.
ATCP 93.020(9)(9) Retroactivity. The provisions of this chapter are not retroactively applied to existing facilities unless specifically stated in this chapter. ATCP 93.020(10)(10) Interpretations. Under s. 168.23, Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards. ATCP 93.020 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (5) (a), (6) (v) 2., (8) (b) made under s. 35.17, Stats., Register October 2019 No. 766.