ATCP 93.130(5)(b) (b) Shop-built aboveground and underground storage tanks used for public access fueling of automobiles, trucks, watercraft, ATVs, snowmobiles or aircraft as specified in s. ATCP 93.620.

ATCP 93.130(5)(c) (c) Shop-built aboveground and underground storage tanks used for fueling fleet vehicles that are licensed for public highway use except for tank wagons, movable tanks, farm tanks and tank vehicles as defined in this chapter and used in accordance with s. ATCP 93.610 or 93.630.

ATCP 93.130(5)(d) (d) Work-top tanks.

ATCP 93.130(5)(e) (e) Any product or material required to be either listed or listed and labeled by a standard adopted in ss. ATCP 93.200 to 93.220.

ATCP 93.130 Note Note: Examples include required listings for dispensing devices for Class I and II liquids under NFPA 30A section 6.3.2; aboveground tanks under NFPA 30 section 25.3.1.4; and used-oil burners and the tanks that supply them, under NFPA 31 section 7.5.

Table 93.130

Material Review Fees

- See PDF for table

*NA means not applicable

ATCP 93.130 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (a) 1., (b) 1., (c), (d) 1. made under s. 35.17, Stats., October 2019 No. 766.

ATCP 93.140 ATCP 93.140 Tank registration.

ATCP 93.140(1) (1) General. All new and existing storage tanks that are used to store a regulated substance shall be registered with the department, except this requirement does not apply to any of the following tanks:

ATCP 93.140(1)(a) (a) Aboveground tanks which have a capacity of less than 1,100 gallons and which have any of the following characteristics:

ATCP 93.140(1)(a)1. 1. Are farm tanks, or are located at and serve a construction project.

ATCP 93.140(1)(a)2. 2. Are used to store heating oil or used oil, for consumptive use on the premises.

ATCP 93.140 Note Note: Tanks that are not exempt from registration requirements under this paragraph include tanks which store heating oil as a backup fuel for natural gas-fired boilers.

ATCP 93.140(1)(a)3. 3. Are used to store Class IIIB liquids other than used oil.

ATCP 93.140 Note Note: There is no exemption for used oil unless it is consumed on the premises where stored. Therefore used-oil storage tanks that have a capacity of 110 gallons or more must be registered.

ATCP 93.140(1)(a)4. 4. Are located inside a building and are used for industrial processes, if that use occurs through piping which connects the tank to the process.

ATCP 93.140(1)(b) (b) Aboveground tanks which are used to store nonflammable or noncombustible federally regulated hazardous substances and which have a capacity of less than 5,000 gallons.

ATCP 93.140 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 93.140 Note Note: Registration is not required for aboveground or underground tanks that are used to store nonflammable and noncombustible federally regulated hazardous substances in concentrations of less than 1 percent by volume, because s. ATCP 93.020 (6) (o) excludes those tanks from this chapter.

ATCP 93.140(1)(c) (c) Tank vehicles.

ATCP 93.140(1)(d) (d) Tank wagons, portable tanks, and movable tanks that are located on a property for less than 24 months.

ATCP 93.140(1)(e) (e) Tanks that are located at an EPA superfund site.

ATCP 93.140 Note Note: Per Wisconsin statutes, eligibility for Petroleum Environmental Cleanup Fund Act (PECFA) funds is conditioned upon prior tank registration.

ATCP 93.140(2) (2) Registration deadlines and responsible party.

ATCP 93.140(2)(a) (a) The owner of a newly installed storage tank shall have the tank registered with the department in accordance with sub. (3) within 15 business days of completion of the installation.

ATCP 93.140 Note Note: See s. ATCP 93.150 for the deadline and other procedures for notifying the department of a change in ownership for a registered storage tank.