ATCP 93.800   Purpose.
ATCP 93.805   Scope.
ATCP 93.810   Definitions.
ATCP 93.820   Designation of Class A, Class B and Class C operators.
ATCP 93.830   Responsibilities of Class A, Class B and Class C operators.
ATCP 93.840   Training elements for Class A operators.
ATCP 93.841   Training elements for Class B operators.
ATCP 93.842   Training elements for Class C operators.
ATCP 93.850   Acceptable training and certification processes.
ATCP 93.860   Documentation deadlines.
ATCP 93.870   Record keeping.
ATCP 93.880   Retraining.
Ch. ATCP 93 Note Note: Chapter Ind 8 as it existed on March 31, 1982 was repealed and a new chapter Ind 8 was created effective April 1, 1982; Chapter Ind 8 as it existed on April 30, 1991 was repealed and recreated as chapter Comm 10 effective May 1, 1991; corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1996, No. 490; chapter ILHR 10 was renumbered chapter Comm 10 under s. 13.93 (2m) (b) 1., Stats. and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1999, No. 518. Chapter Comm 10 as it existed on January 31, 2009 was repealed and a new Chapter Comm 10 was created Register November 2008 No. 635, effective February 1, 2009. Chapter Comm 10 was renumbered chapter SPS 310 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672. Chapter SPS 310 was renumbered Chapter ATCP 93 under s. 13.92 (4) (b) 1., Stats., Register October 2013 No. 694, pursuant to 2013 Wis. Act 20, section 9138 (3) (fm) and (4) (f).
ATCP 93.010 ATCP 93.010Purpose. The purpose of this chapter is as follows:
ATCP 93.010(1) (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.
ATCP 93.010 Note Note: Section 101.02 (15) (a) of the Statutes reads in part:
ATCP 93.010 Note The department has such supervision of every employment, place of employment and public building in this state as is necessary adequately to enforce and administer all laws and all lawful orders requiring such employment, place of employment or public building to be safe, and requiring the protection of the life, health, safety and welfare of every employee in such employment or place of employment and every frequenter of such place of employment, and the safety of the public or tenants in any such public building.
ATCP 93.010 Note Note: Section 101.14 (1) (a) of the Statutes reads as follows:
ATCP 93.010 Note The department may make reasonable orders for the repair or removal of any building or other structure which for want of repair or by reason of age or dilapidated condition or for any other cause is especially liable to fire, and which is so situated as to endanger other buildings or property and for the repair or removal of any combustible or explosive material or inflammable conditions, dangerous to the safety of any building or premises or the occupants thereof or endangering or hindering fire fighters in case of fire.
ATCP 93.010(2) (2) To comply with s. 168.23 (1), Stats.
ATCP 93.010 Note Note: Section 168.23 (1) of the Statutes reads in part:
ATCP 93.010 Note 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.
ATCP 93.010 Note Note: The definition of federally regulated hazardous substances in section 168.21 (3) of the Statutes corresponds to the CERCLA List of Hazardous Substances and Reportable Quantities contained in 40 CFR 302.4, Table 302.4.
ATCP 93.010 Note Note: The definition of “waters of the state," as used in section 168.21 of the Statutes, is found in section 281.01 (18) of the Statutes, and reads as follows:
ATCP 93.010 Note “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.
ATCP 93.010(3) (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.
ATCP 93.010(4) (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.
ATCP 93.010 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (2), (4) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.020 ATCP 93.020Scope and application.
ATCP 93.020(1) (1)New facilities and structures.
ATCP 93.020(1)(a)(a) 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, except as specified in par. (b).
ATCP 93.020(1)(b) (b) Plan approvals issued by an authorized agent or the department for viable plans received prior to February 1, 2009, shall remain valid until six months after that date, or until two years after the approval date shown on the plans, whichever occurs first. Any construction shown on those plans that is not commenced by that date, at the address shown on those plans, shall comply with the rest of this chapter's requirements for new facilities and structures.
ATCP 93.020(2) (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, except as specified in sub. (1) (b).
ATCP 93.020(3) (3)Existing facilities and structures.
ATCP 93.020(3)(a)(a) 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.
ATCP 93.020(4) (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.
ATCP 93.020(5) (5)Groundwater protection and fire safety provisions.
ATCP 93.020(5)(a)(a) Under ss. 101.14 (1) (a), 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.
ATCP 93.020 Note 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.
ATCP 93.020 Note Note: Existing facilities are affected in this manner by these provisions because under section 168.23 (1) of the Statutes, 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 section 101.14 (1) (a) of the Statutes addresses dangerous conditions at both new and existing facilities. For a reprint of section 101.14 (1) (a) of the Statutes, see the second Note under section ATCP 93.010 (1).
ATCP 93.020(5)(b) (b) The rules of this chapter apply to tanks located at US EPA superfund sites.
ATCP 93.020(6) (6)Exclusions. The following tanks, containers, tank systems and facilities are not regulated under this chapter:
ATCP 93.020(6)(a) (a) Underground storage tanks that have a capacity of less than 60 gallons.
ATCP 93.020(6)(b) (b) Aboveground storage tanks and intermediate bulk containers that have a capacity of less than 110 gallons.
ATCP 93.020(6)(c) (c) Tanks storing products regulated under ch. ATCP 33 that are located either at facilities which are also regulated under ch. ATCP 33 or on farm premises.
ATCP 93.020 Note Note: Chapter ATCP 33 addresses bulk storage of pesticides and fertilizers.
ATCP 93.020(6)(d) (d) Aboveground storage tanks storing liquids that are used in processes covered in any of the following standards:
ATCP 93.020(6)(d)1. 1. NFPA 33 Spray Application Using Flammable or Combustible Materials.
ATCP 93.020(6)(d)2. 2. NFPA 34 Dipping & Coating Processes Using Flammable or Combustible Liquids.
ATCP 93.020(6)(d)3. 3. NFPA 35 Manufacture of Organic Coatings.
ATCP 93.020(6)(d)4. 4. NFPA 45 Fire Protection for Laboratories Using Chemicals.
ATCP 93.020(6)(e) (e) Dedicated breakout tanks that are located at pipeline facilities.
ATCP 93.020(6)(f) (f) Odorant or other additive injection tanks that are directly connected to a pipeline.
ATCP 93.020(6)(g) (g) Contractor tanks that are mounted on pickup trucks.
ATCP 93.020(6)(h) (h) Oil-filled electrical equipment and transformers.
ATCP 93.020(6)(i) (i) Accumulator tanks.
ATCP 93.020(6)(j) (j) Process tanks.
ATCP 93.020(6)(k) (k) Product recovery tanks.
ATCP 93.020(6)(L) (L) Service tanks.
ATCP 93.020(6)(m) (m) Marine fueling facilities where fuel is stored and dispensed into the fuel tanks of marine craft of 300 gross tons or more.
ATCP 93.020(6)(n) (n) Aboveground or underground tank systems that store nonflammable and noncombustible hazardous liquids in concentrations of less than 1 percent by volume.
ATCP 93.020 Note Note: Material Safety Data Sheets (MSDS) should be consulted for flash point and concentration.
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 Note Note: Material Safety Data Sheets (MSDS) 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 non flammable 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 Note Note: 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 50 Appendix A.
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 are 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 are held either in trust by the United States, or in fee by the tribe or a tribal member.
ATCP 93.020 Note Note: Chapter SPS 314 has fire prevention requirements that may apply to tanks which are not regulated by chapter 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, chapter 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. 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 100oF or more.
ATCP 93.020(7) (7)Differing rules.
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) (8)Local regulations.
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 first class city may apply different requirements for administering plan review and inspections by the city.
ATCP 93.020 Note Note: As of February 1, 2009, only the City of Milwaukee had become a first class city.
ATCP 93.020(9) (9)Retroactivity. The provisions of this chapter are not retroactively applied to existing facilities unless specifically stated in the administrative rule.
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 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (5), (10) made under s. 13.92 (4) (b) 7, Stats., Register October 2013 No. 694.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.