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Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Section ATCP 93.010 - Purpose

Current through June 24, 2024
The purpose of this chapter is as follows:
(1) In accordance with ss.
				101.02(15)
				(a) and
				101.14(1)
				(a), Stats., to provide fire and life safety
				through the safe storage, display, installation, operation, use, maintenance
				and transportation of flammable, combustible and hazardous liquids and the
				equipment, facilities, buildings and premises that are used to store, transfer
				and dispense them.
(2) To comply
				with s.
				168.23(1),
				Stats.
Note:
Section
				  168.23(1),
				  Stats., reads in part:
The department shall promulgate by rule construction,
				  maintenance and abandonment standards applicable to tanks for the storage,
				  handling or use of liquids that are flammable or combustible or are federally
				  regulated hazardous substances, and to the property and facilities where the
				  tanks are located, for the purpose of protecting the waters of the state from
				  harm due to contamination by liquids that are flammable or combustible or are
				  federally regulated hazardous substances.
Note:
The definition of federally regulated
				  hazardous substances in s.
				  168.21(3),
				  Stats., corresponds to the CERCLA List of Hazardous Substances and Reportable
				  Quantities contained in
				  40 CFR
				  302.4, Table 302.4.
Note:
The definition of "waters of the state,"
				  as used in s. 168.21, Stats., is found in s.
				  281.01(18),
				  Stats., and reads as follows:
Waters of the state" includes those portions of Lake Michigan
				  and Lake Superior within the boundaries of this state, and all lakes, bays,
				  rivers, streams, springs, ponds, wells, impounding reservoirs, marshes,
				  watercourses, drainage systems and other surface water or groundwater, natural
				  or artificial, public or private, within this state or its jurisdiction.
(3) To comply with the
				flammable and combustible liquid related provisions of subtitle I of the
				federal Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, which
				extended and strengthened the provisions of the Solid Waste Disposal Act as
				amended by the Resource Conservation and Recovery Act, also known as RCRA, of
				1976 as contained in
				42 USC
				6912 and
				6991.
(4) In accordance with s.
				168.16,
				Stats., to establish standards for storing and dispensing motor fuel in a
				manner that does not compromise any minimum product grade specifications
				achieved under ch. ATCP 94.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Section ATCP 93.020 - Scope and application

Current through June 24, 2024
(1) NEW FACILITIES AND STRUCTURES. The
				provisions of this chapter apply to all new facilities and structures and to
				new additions to facilities and structures that involve storage, transfer or
				dispensing of flammable, combustible or hazardous liquids.
(2) ALTERATIONS TO FACILITIES AND STRUCTURES.
				The provisions of this chapter apply to new remodeling and alterations - for
				any flammable, combustible or hazardous liquid facility or structure - that are
				integral to storage, transfer or dispensing of flammable, combustible or
				hazardous liquids, including remodeling and alterations which affect fire
				hazard, release mitigation or replacement of major equipment.
(3) EXISTING FACILITIES AND STRUCTURES. All
				elements, systems or components of an existing facility or structure that are
				integral to storage, transfer or dispensing of flammable, combustible or
				hazardous liquids shall be maintained to conform with the requirements of this
				chapter that applied when the facility, structure, element, system or component
				was constructed, unless specifically stated otherwise in this
				chapter.
(4) CHANGE IN OPERATION.
				If the operation of an existing facility or structure is changed to an
				operation regulated by this chapter, the facility or structure shall be made to
				comply with the requirements for the new operation as provided in this
				chapter.
(5) GROUNDWATER PROTECTION
				AND FIRE SAFETY PROVISIONS.
(a) Under ss.
				101.14(1)
				(a) and
				168.21 to
				168.26, Stats., the
				groundwater protection and fire safety provisions of this chapter apply to all
				new and existing flammable, combustible or hazardous liquid facilities and
				structures even if the facility or structure is not undergoing remodeling,
				alteration or a change of operation.
Note:
Examples of groundwater protection
				  provisions include requirements for leak detection, secondary containment,
				  corrosion protection, and spill and overfill protection. Some of these
				  provisions, such as the spill and overfill protection requirements, are also
				  fire safety provisions.
Note:
Existing facilities are affected in this
				  manner by these provisions because under s.
				  168.23(1),
				  Stats., this chapter "may include different standards for new and existing
				  tanks, but all standards shall provide substantially similar protection for the
				  waters of the state;" and because s.
				  101.14(1)
				  (a), Stats., addresses dangerous conditions
				  at both new and existing facilities.
(b) The rules of this chapter apply to tanks
				located at EPA superfund sites.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.110 - Jurisdiction over enforcement

Current through June 24, 2024
(1) DEPARTMENT
				  APPROVAL OF LPO.
(a) With the approval of the
				  chief elected municipal official, the municipality shall determine if a
				  municipal department or other agent approved by the department will exercise
				  jurisdiction over the provisions of this chapter as the local program
				  operator.
(b) The review of plans
				  and specifications and the installation inspection for administering and
				  enforcing this chapter shall be performed by a certified tank system inspector.
Note:
LPOs are under contract with the
					 department. The contract specifies LPO qualifications and responsibilities,
					 such as plan review, inspection and consultation.
(c) The department may revoke its approval of
				  a local program operator where the plan examiners or inspectors do not meet the
				  standards specified by the department or where other requirements of the
				  department are not met.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.115 - Enforcement and inspections

Current through June 24, 2024
(1) GENERAL
				  ENFORCEMENT.
(a)
Enforcing
				  agents.
This chapter shall be enforced by the authorized agent and the
				  department having jurisdiction and authority under this chapter.
(b)
Access.
The authorized
				  agent or the department is authorized to enter any building, facility or
				  premises and examine any tank system or component and associated records for
				  the purpose of enforcing this chapter.
(c)
Reexposure.
If any tank
				  system or component that is subject to inspection is covered or concealed
				  without the prior knowledge and authorization of the authorized agent or the
				  department, the agent or department has the authority to require such work be
				  exposed for inspection.
(d)
Tampering.
Signs, red-tags or seals posted or affixed by the
				  authorized agent or the department may not be removed, mutilated, or tampered
				  with, unless authorized by the agent or the department.
Note:
Authorized agents and the department
					 with ch. ATCP 93 enforcement responsibility have the authority to shut down a
					 system or to prohibit specific actions relating to the operation of a system,
					 dispensing product from the system, or adding product to a tank, by securing a
					 red-tag to a component of the system marking the respective component
					 inoperable until compliance has been achieved. Only an authorized agent or the
					 department is authorized to grant the removal of the red-tag.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.120 - Revocation and expiration of approval

Current through June 24, 2024
(1) The authorized
				  agent or the department may revoke any approval issued under the provisions of
				  this chapter for any false statements or misrepresentation of facts upon which
				  the approval was based.
(2) Plan
				  approval by the authorized agent or the department shall expire in either of
				  the following circumstances:
(a) Construction
				  has not commenced within 2 years from the date indicated on the approved
				  plan.
(b) The construction has not
				  been completed within 5 years from the date indicated on the approved
				  plan.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.130 - Specific approval of materials, equipment, concepts, technology and devices

Current through June 24, 2024
(1) SPECIFIC APPROVAL REQUIRED. Specific
				  approval shall be obtained in writing from the department for any of the
				  following items:
(a) Any leak detection
				  method for tanks or piping used to comply with a leak detection requirement
				  under this chapter or federal law.
(b) Flexible non-metallic piping.
(c) Synthetic flexible dike liners.
(d) Prefabricated dike systems with
				  integrated collision protection.
(e) Marine-craft tank vehicles.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.140 - Tank registration

Current through June 24, 2024
(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:
(a) Aboveground tanks which have a
				  capacity of less than 1,100 gallons and which have any of the following
				  characteristics:
1. Are farm tanks, or are
				  located at and serve a construction project.
2. Are used to store heating oil or used oil,
				  for consumptive use on the premises.
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.
3. Are used to store Class IIIB liquids other
				  than used oil.
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.
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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.145 - Tank permits

Current through June 24, 2024
(1) GENERAL. All in-use and temporarily out
				  of service storage tanks, whether new or existing, that are used to store a
				  regulated substance shall have a permit to operate from the department, except
				  this requirement does not apply to any of the following tanks:
(a) Aboveground tanks.
(b) Farm and residential underground storage
				  tanks which have a capacity of less than 1,100 gallons and which are used for
				  storing motor fuel.
(c) Underground
				  storage tanks storing heating oil for consumptive use on the premises.
Note:
Tanks that are not exempt from permit
					 requirements under this paragraph include tanks that store heating oil as a
					 back-up fuel for natural gas-fired boilers.
(d) Tanks located at an EPA superfund site.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.150 - Change of ownership

Current through June 24, 2024
(1) Any person taking ownership of a storage
				  tank registered under s.
				  ATCP 93.140
				  shall notify the department of the change of ownership within 15 business
				  days.
(2) The ownership-change
				  notification shall be on form TR-WM-118, TR-WM-137, or TR-WM-153, as provided
				  by the department and shall include all of the following:
(a) The name and address of the new owner and
				  of a local contact person.
(b) The
				  date the documents evidencing the ownership transfer are executed.
(c) The name of the previous owner.
(d) The address of all locations included in
				  the change of ownership that have tanks which are subject to the registration
				  requirements in s.
				  ATCP
				  93.140.
(e) A copy of the newly recorded deed showing
				  the new owner or other official documentation of ownership as approved by the
				  department.
Note:
A land contract does not meet the
					 requirement for documentation of ownership change.
(f) Proof of financial responsibility in
				  accordance with subch. VII and an affidavit of financial responsibility in
				  accordance with s.
				  ATCP 93.745(2)
				  (j).
Note:
Form TR-WM-118- Aboveground
					 Flammable/Combustible/Hazardous Liquid Storage Tank Registration, form
					 TR-WM-137 - Underground Flammable/Combustible/Hazardous Liquid Storage Tank
					 Registration, and form TR-WM-153 - Change of Ownership,
					 Flammable/Combustible/Hazardous Liquid Storage Tank Registration are available
					 from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911,
					 or at telephone (608) 224-4942. Forms TR-WM-118 and 137 are also available from
					 the Division's Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx
.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.160 - Fees

Current through June 24, 2024
(1) Fees shall be submitted to the department
				  as specified in this chapter or ch. ATCP 94.
(2) Fees shall be submitted at the time of
				  application.
(3) No examinations,
				  approvals, variances, permits or inspections may be given until all fees are
				  received.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.1605 - Fees relating to storage tanks for liquids that are flammable, combustible or federally regulated hazardous substances

Current through June 24, 2024
(1) PLAN
				  EXAMINATION AND INSPECTION FEES. Fees for the examination of plans, site
				  inspections and reinspections for tanks used for the storage of liquids that
				  are flammable, combustible or federally regulated hazardous substances shall be
				  determined in accordance with Table 93.1605.
(1m) PROJECTS INITIATED WITHOUT PLAN
				  APPROVAL. The plan examination fees specified in Table 93.1605 shall be doubled
				  for projects where the installation, erection, or construction was initiated
				  without the required departmental approval.
(2) GROUNDWATER FEE. Pursuant to s.
				  168.23(5),
				  Stats., in addition to any fee charged by the department by rule for plan
				  review and approval for the construction of a new or additional installation or
				  change in operation of a previously approved installation for the storage,
				  handling or use of flammable, combustible or hazardous liquids, the department
				  shall collect a groundwater fee of $100 for each plan review submittal that
				  includes at least one storage tank with a 1,000 gallon or greater capacity. The
				  fees collected under this subsection shall be credited to the environmental
				  fund for environmental management.
(3) REINSPECTION FEE. The contractor, when
				  performing activities covered under s.
				  ATCP 93.240(16) to
				  (19), shall pay the reinspection fee to the
				  authorized agent or the department if a return trip is required due to any of
				  the following or is required to reschedule a trip on less than 24 hours of
				  notice for any of the following:
(a) Failure
				  to have the tank system accessible for inspection on the date and time
				  specified for inspection.
(b)
				  Installation inspection points that are incomplete on the date and time
				  specified for inspection.
(c)
				  Failure to correct deficiencies by the date and time specified for inspection.
Note:
Section
					 ATCP
					 93.240(16) covers aboveground tank
					 system installation certification requirements. Section
					 ATCP
					 93.240(17) covers underground tank
					 system installation certification requirements. Section
					 ATCP
					 93.240(18) covers tank system lining
					 certification requirements. Section
					 ATCP
					 93.240(19) covers tank system
					 removing and cleaning certification requirements.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.165 - Alternate forms

Current through June 24, 2024
Although various sections of this chapter include a
					 requirement to record certain information on a particularly specified
					 department form, that requirement may be met by recording the same information
					 in the same format on an alternate form if that form is approved by the
					 department.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.170 - Petition for variance

Current through June 24, 2024
The department shall consider and may grant a variance to
					 a provision of this chapter. The petition for variance shall establish an
					 equivalency which meets the intent of this chapter.
(1) APPLICATIONS FOR PETITION FOR VARIANCE. A
				  petition for variance must include all of the following:
(a) A completed and notarized petition for
				  variance form, TR-WM-129.
(b) A
				  petition for variance fee of $300.00.
(c) If the petition is requesting a variance
				  from building or property setback requirements, a position statement completed
				  by the fire department having jurisdiction.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.175 - Prohibited practices

Current through June 24, 2024
Persons subject to this chapter are prohibited from the
					 following:
(1) Falsifying any records
				  and reports required under this chapter.
(2) Removal of or tampering with any red-tag
				  without written authorization from the department or an authorized
				  agent.
(3) Installation or removal
				  of any storage tank system without department or authorized agent
				  approval.
(4) Unauthorized altering
				  or disabling of any system covered in this chapter.
(5) Failing to maintain permits and financial
				  responsibility for underground storage tank systems.
(6) Failure to comply with an administrative
				  order issued by the department or an authorized agent.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.180 - Penalties

Current through June 24, 2024
Penalties for violations of this chapter shall be assessed
					 in accordance with s.
					 168.26, Stats., and
					 shall apply separately to each tank that is in violation of this
					 chapter.
Section
						168.26, Stats., in
						coordination with
						40 CFR
						281.41, states, "Any person who violates this
						section or any rule or order adopted under this section shall forfeit not less
						than $10 nor more than $5,000 for each violation. Each violation of this
						section or any rule or order under this section constitutes a separate offense
						and each day of continued violation is a separate offense."
Under
						42 USC 6991e(a) (3) and (d)
						(2), the EPA may assess fines of up to
						$10,000 for each tank for each day of violation and may seek judicial penalties
						of up to $25,000 for each day of continued
						noncompliance.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter II - Adopted Standards and General Requirements › Section ATCP 93.210 - Application of standards

Current through June 24, 2024
(1) All flammable,
				  combustible and hazardous liquids, and equipment and facilities that are used
				  to store them shall be designed, constructed, installed, operated, inspected,
				  tested and maintained as specified in the standards adopted in s.
				  ATCP
				  93.200, as those standards apply to the specific
				  liquid, equipment or facility, except as otherwise provided in this
				  chapter.
(2) All codes and
				  standards referenced in the standards adopted in s.
				  ATCP 93.200
				  shall apply to the prescribed extent of each such reference, except as modified
				  by this chapter.
(3) Any
				  requirements in the standards adopted in s.
				  ATCP 93.200
				  that address design and construction of public buildings or places of
				  employment and which conflict with requirements in chs.
				  SPS
				  361 to 366, are not included as part of this chapter.
Note:
In addition to addressing new
					 construction for public buildings and places of employment, chs.
					 SPS
					 361 to 366 generally require in s.
					 SPS
					 361.03(13) that every existing public
					 building or place of employment be maintained to conform with the building code
					 requirements which applied when the building, structure, element, system, or
					 component thereof was constructed.
(4) All fire detection, prevention,
				  suppression and isolation features required by a standard adopted in s.
				  ATCP 93.200
				  shall be provided as specified in the standard, unless mandated otherwise by
				  chs.
				  SPS
				  361 to 366, under sub. (3).
(5) All fire detection, prevention,
				  suppression and isolation features that are installed, whether or not they are
				  required by rule or standard, shall be inspected, tested and maintained as
				  required by the applicable standard adopted in s.
				  ATCP 93.200
				  or by other rules of the department of safety and professional services.
Note:
See also ch. SPS 314,
Wisconsin
					 Fire Prevention Code
, for requirements on the inspection, testing and
					 maintenance of fixed and portable fire protection systems.
(6) Any permit referenced in the standards
				  adopted in s.
				  ATCP 93.200
				  is not required by this chapter but may be required at the local level if done
				  so through a local ordinance.
For example, the permit referenced in NFPA 30 section
						6.5.3.1 for spark-producing operations is not required by this chapter but may
						be applied through a local ordinance.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter II - Adopted Standards and General Requirements › Section ATCP 93.220 - Secondary references

Current through June 24, 2024
For the purposes of this chapter, the department of safety
					 and professional services shall enforce the applicable provisions of the
					 following Wisconsin administrative codes in lieu of the indicated standards
					 that are referenced in the NFPA standards adopted in s.
					 ATCP
					 93.200:
(1)
				  BOILERS AND PRESSURE VESSELS. Chapter
				  SPS
				  341 in lieu of the ASME Boiler and Pressure Vessel
				  Code.
(2) BUILDING ELEMENTS.
				  Chapters
				  SPS
				  361 to 366 in lieu of the following NFPA standards:
(a) NFPA 101 ®- Life Safety
				  Code®.
(b) NFPA 220 - Standard
				  on Types of Building Construction.
(c) NFPA 221 - Standard for High Challenge
				  Fire Walls, Fire Walls and Fire Barrier Walls.
(d) NFPA 5000 ®- Building Construction
				  and Safety Code®
Note:
In addition to addressing new
					 construction for public buildings and places of employment, chs.
					 SPS
					 361 to 366 generally require in section
					 SPS
					 361.03(13) that every existing public
					 building or place of employment be maintained to conform with the building code
					 requirements which applied when the building, structure, element, system, or
					 component thereof was constructed.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter II - Adopted Standards and General Requirements › Section ATCP 93.225 - Alternate standards

Current through June 24, 2024
(1) Alternate standards that are equivalent
				  to or more stringent than the standards incorporated by reference in this
				  chapter may be used in lieu of incorporated standards if the alternate standard
				  is approved by the department, or if written approval is issued by the
				  department in accordance with s.
				  ATCP
				  93.130 or 93.170.
(3) Determination of approval shall be based
				  on an analysis of the alternate standard and the standard referenced in this
				  chapter, prepared by a qualified independent third party or the organization
				  that published the standard contained in this chapter.
(4) The department may include specific
				  conditions in issuing an approval, including an expiration date for the
				  approval. Violations of the conditions under which an approval is issued shall
				  constitute a violation of this chapter.
(5) If the department determines that the
				  alternate standard is not equivalent to or more stringent than the referenced
				  standard, the request for approval shall be denied in writing.
(6) The department may revoke an approval for
				  any false statements or misrepresentations of facts on which the approval was
				  based.
(7) The department may
				  reexamine an approved alternate standard and issue a revised approval at any
				  time.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter II - Adopted Standards and General Requirements › Section ATCP 93.230 - General requirements

Current through June 24, 2024
(1) APPLICATION. This section applies to all
				  new and existing tank systems, their appurtenances, and the associated property
				  and facilities.
(2) ACCESS.
(a) Owners and operators of storage tank
				  systems shall cooperate fully with inspections, monitoring, testing and
				  requests for document submission conducted or required by the authorized agent
				  or the department.
(b) Facilities
				  shall have available personnel, keys, codes or other items necessary to provide
				  open access to sumps, dispensers, pumps or areas that contain liquid system
				  valves, controls, connections and fittings for the purpose of inspecting for
				  leaks, functionality of fire safety and leak prevention equipment or
				  verification of proper system operation.
Note:
Section
					 93.08,
					 Stats., reads as follows:
In performing their duties or in enforcing the laws
					 entrusted to their administration, the department and its authorized agents may
					 do all of the following:
(1) Enter,
				  within reasonable hours, any field, orchard, garden, packing ground, building,
				  freight or express office, warehouse, car, vessel, vehicle, room, cellar,
				  storehouse, cold storage plant, packing house, stockyard, railroad yard or any
				  other place of business, which it may be necessary or desirable for them to
				  enter.
(2) Open any box, carton,
				  parcel, package or other receptacle, inspect the contents thereof, and, upon
				  payment or tender of the market value, take samples of any product or material
				  contained therein.
(3) Inspect
				  products and materials and collect and test samples of them.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter II - Adopted Standards and General Requirements › Section ATCP 93.240 - Certifications and enforcement

Current through June 24, 2024
(1) CERTIFICATIONS.
				  Persons and firms providing or supervising any of the following services shall
				  be credentialed by the department in accordance with this chapter:
(a) Tank-system site assessment as referenced
				  in s.
				  ATCP
				  93.465 for aboveground tanks and s.
				  ATCP
				  93.580 for underground tanks.
(b) Underground tank system lining under ss.
				  ATCP
				  93.530 and 93.535.
(c) The cleaning and removal of underground
				  storage tank systems and stationary shop-built aboveground storage tank
				  systems.
(d) Storage tank system
				  precision tightness testing using equipment that is not permanently installed
				  on the tank system.
Note:
All methods of precision tightness
					 testing are required to be approved by the department in accordance with s.
					 ATCP
					 93.130.
(e) Corrosion protection services as required
				  in s.
				  ATCP
				  93.520.
(f) Installation of underground storage tank
				  systems, underground piping, and shop-built aboveground storage tank systems,
				  except this requirement does not apply to any of the following tank systems:
1. Aboveground heating oil tanks at 1- or
				  2-family dwellings.
2. Tanks or
				  piping that are installed or constructed under the direct supervision of a
				  registered professional engineer.
Note:
"Under the direct supervision of a
					 registered professional engineer" means the registered professional engineer
					 must be on the site during, and responsible for, the key installation and test
					 activities described in sub. (16) (e) or (17) (e).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter II - Adopted Standards and General Requirements › Section ATCP 93.250 - Tank construction and marking

Current through June 24, 2024
(1)
				  MULTI-COMPARTMENT TANKS. Each compartment of a multi-compartment tank shall be
				  considered a separate tank, even if the same substance is stored in 2 or more
				  of the compartments.
(2)
				  CONSTRUCTION. Tanks containing flammable or combustible liquids shall be
				  constructed and listed or labeled to one of the recognized design standards in
				  NFPA 30 section 21.4.2, or to another standard or design approved by the
				  department, except this requirement does not apply to any of the following
				  tanks:
(a) Tanks that contain liquids which
				  are also hazardous substances.
Note:
Section
					 ATCP 93.350
					 requires hazardous substance tanks to be designed and constructed under the
					 supervision of a qualified engineer.
(b) Tank wagons, farm tanks and tank vehicles
				  used in accordance with the requirements in ss.
				  ATCP
				  93.610 and 93.630, for fuel dispensing from
				  aboveground tanks and at farms and construction projects.
Note:
Design standards recognized by NFPA 30
					 section 21.4.2 include API 12B, API 12D, API 12F, API 650, UL 58, UL 80, UL
					 142, UL 1316, UL 1746, UL 2080 and UL 2085. Another standard approved by the
					 department is SU 2258 from Underwriters Laboratories Inc.
Note:
Tank wagons have construction
					 requirements in s.
					 ATCP
					 93.610(1). Farm tanks are required to
					 meet the construction specifications in NFPA 30A section 13.2.3. Tank vehicles
					 are required to meet the construction specifications in NFPA 385 chapters 2 and
					 3. Movable tanks covered under the dispensing requirements in s.
					 ATCP
					 93.610(2)  are not exempted from this
					 requirement.
(c) Tanks which
				  are custom built for a specific purpose and which are supported by a statement
				  acceptable to the department, from a qualified engineer, as defined in s.
				  ATCP 93.350(2)
				  (d), except the competency of the engineer
				  shall relate to the purpose for the custom-built tank.
(d) Aboveground used-oil tanks at a scrap
				  recycling or auto recycling facility that are exempted from these requirements
				  under s.
				  ATCP
				  93.300(9).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter III - Specific Tank Storage Applications › Section ATCP 93.300 - Tanks storing used oil

Current through June 24, 2024
(1) GENERAL.
(a) Used oil shall be considered a Class IIIB
				  liquid unless designated otherwise in this chapter or as shown by product
				  flashpoint testing.
(b) Tanks used
				  to store used oil to supply an oil burner shall comply with the heating-fuel
				  storage requirements in s.
				  ATCP 93.310
				  and NFPA 31 chapter 7.
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.
Note:
NFPA 31 section 12.9.1 requires tanks
					 that supply used oil to an oil burner to be listed.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter III - Specific Tank Storage Applications › Section ATCP 93.305 - Public used oil collection centers

Current through June 24, 2024
(1) GENERAL. Public
				  used oil collection centers shall comply with s.
				  ATCP
				  93.300 and this section.
Note:
Also see ch. NR 679 for additional rules
					 pertaining to used oil collection centers, such as operational
					 criteria.
(2) TANK
				  CONSTRUCTION. The tank shall be constructed to one of the recognized design
				  standards in NFPA 30 chapter 21 unless otherwise accepted by the department.
Note:
Design standards recognized by NFPA 30
					 chapter 21 include API 12B, API 12D, API 12F, API 650, UL 58, UL 80, UL 142, UL
					 1316, UL 1746, UL 2080 and UL 2085.
(3) TANK SIZE AND INSTALLATION REQUIREMENTS.
(a) The tank may be of any size.
(b) Tanks located outdoors shall comply with
				  the setback requirements of NFPA 30 Tables 22.4.1.1 (a) and (b) for a Class
				  IIIA liquid.
(c) Tanks located
				  inside a building shall have venting that terminates outdoors.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter III - Specific Tank Storage Applications › Section ATCP 93.310 - Heating fuel storage

Current through June 24, 2024
(1) SCOPE. This section applies to any new or
				  existing aboveground or underground tank that is used to supply liquid fuel to
				  a heating device, including a used oil burner, if the device and the fuel have
				  the following characteristics:
(a) The
				  heating device is used for space heating, processing or
				  manufacturing.
(b) The fuel is
				  consumed on the premises where stored.
Note:
Number 5 and 6 fuel oil do not meet the
					 criteria for a liquid and therefore are not regulated by this
					 chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter III - Specific Tank Storage Applications › Section ATCP 93.315 - Heating oil tanks that are removed from service

Current through June 24, 2024
(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.
(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):
(a) The tank and all connected piping,
				  including the vent and fill piping, shall be emptied, cleaned and removed from
				  the premises.
(b)
1. The tank and all connected piping shall be
				  emptied and purged of all vapors.
2. If the tank is not removed, the tank vent
				  shall be left intact and open.
3.
				  If the fill pipe is not removed, it shall be filled to the top with concrete
				  and capped.
4. Any piping that is
				  not removed, other than a tank vent, shall be capped or otherwise
				  sealed.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter III - Specific Tank Storage Applications › Section ATCP 93.320 - Fuel storage for stationary combustion engines and gas turbines

Current through June 24, 2024
(1) INSTALLATION
				  AND USE.
(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.
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.
(b)
Certified installer.
Tank
				  installation shall be performed or supervised by a certified installer.
Note:
See s.
					 ATCP 93.100(1)
					 (b) 11. for criteria that can be used to
					 exempt these tanks from plan review.
(c)
Marking.
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.
2. Aboveground storage tanks shall have the
				  tank labeled with the type of fuel.
(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
(e)
Aboveground storage tank systems
				  not located in a building.
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.
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.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter III - Specific Tank Storage Applications › Section ATCP 93.330 - Converted tanks for the storage of flammable and combustible liquids

Current through June 24, 2024
(1)
				  APPLICATION. This section applies to all converted tanks, whether new or
				  existing.
(2) GENERAL INSTALLATION
				  AND USE. Converted tanks for the storage of flammable and combustible liquids
				  shall be installed by a certified installer.
(3) PRESSURE VESSELS.
(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.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter III - Specific Tank Storage Applications › Section ATCP 93.335 - Manufacture of organic coatings

Current through June 24, 2024
(1) APPLICATION.
				  This section applies to storage tank systems for flammable or combustible
				  liquids used in the manufacture of organic coatings.
(2) GENERAL. The tank systems shall comply
				  with NFPA 35.
(3) CERTIFIED
				  INSTALLER. A certified installer shall perform or supervise the
				  installation.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter III - Specific Tank Storage Applications › Section ATCP 93.340 - Bulk plants and terminals

Current through June 24, 2024
(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.
(2) PRODUCT IDENTIFICATION.
(a)
Standard color code.
All
				  new and existing tanks and piping at bulk plants and terminals shall use the
				  identification scheme in API 1637.
Note:
See s.
					 ATCP
					 93.230(11) for color coding of fill
					 pipe caps and manhole covers for underground tanks.
(b)
Type of identification.
The product identification scheme in API 1637 shall be accomplished by one of
				  the following methods:
1. A disc tag of
				  non-sparking material.
2. A label
				  using minimum one-inch block letters.
3. Painted sections at least 12 inches
				  long.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter III - Specific Tank Storage Applications › Section ATCP 93.350 - Hazardous substances

Current through June 24, 2024
(1) SCOPE AND APPLICATION.
(a)
General.
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.
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.
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.
Note:
See s.
					 ATCP 93.140 for
					 tank registration requirements and s.
					 ATCP 93.145 for tank
					 permit requirements.
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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter III - Specific Tank Storage Applications › Section ATCP 93.360 - Storage of Class IA flammable liquids

Current through June 24, 2024
(1) All storage,
				  whether new or existing, of Class IA flammable liquids with a Reid vapor
				  pressure not exceeding 25.3 psig (40 psia) and a boiling point of less than 100
				  o F shall comply with the applicable requirements of NFPA 30 and this chapter,
				  except as provided in sub. (2).
(2)
				  Design standards for new tank systems do not apply to existing tank systems
				  unless specified otherwise.
See ch. SPS 341 for additional requirements that may
						apply to flammable liquid storage in pressure vessels at pressures greater than
						15 psig.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter III - Specific Tank Storage Applications › Section ATCP 93.370 - Emergency shutoff for transfers

Current through June 24, 2024
(1) An emergency
				  electrical shutoff shall be installed in accordance with NFPA 30A section 6.7
				  on any new or existing system that provides for the transfer of product from a
				  fixed storage tank system to a tank vehicle rail tank car or vehicle fuel
				  tank.
(2) The emergency electrical
				  shutoff shall be tested annually. Annual testing for UST systems shall be
				  documented on the functionality verification form, TR-WM-139.