ATCP 93.230(13) (13) Deactivation of vapor recovery. When deactivating a stage II vapor-recovery system or a portion thereof, the deactivated pipe shall be removed, or be capped or plugged at the dispenser. If the pipe is removed, the connection to the tank shall be capped or plugged.
ATCP 93.230 Note Note: Each connection of a tank to deactivated, unremoved vapor-recovery pipe should be capped or plugged at the tank, if readily accessible, to minimize the potential for water intrusion from the pipe.
ATCP 93.230 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (9), (11) (a) 1., 5. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (9), (11) (a) 1., 5. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.240 ATCP 93.240Certifications and enforcement.
ATCP 93.240(1)(1)Certifications. Persons and firms providing or supervising any of the following services shall be credentialed by the department in accordance with ch. SPS 305:
ATCP 93.240(1)(a) (a) Tank-system site assessment as referenced in s. ATCP 93.465 for aboveground tanks and s. ATCP 93.580 for underground tanks.
ATCP 93.240(1)(b) (b) Underground tank system lining under ss. ATCP 93.530 and 93.535.
ATCP 93.240(1)(c) (c) The cleaning and removal of underground storage tanks and stationary shop-built aboveground storage tanks.
ATCP 93.240(1)(d) (d) Storage tank system precision tightness testing using equipment that is not permanently installed on the tank system.
ATCP 93.240 Note Note: All methods of precision tightness testing are required to be approved by the department in accordance with section ATCP 93.130
ATCP 93.240(1)(e) (e) Corrosion protection services as required in s. ATCP 93.520.
ATCP 93.240(1)(f) (f) Installation of underground storage tanks and shop-built aboveground storage tanks, except this requirement does not apply to any of the following tanks:
ATCP 93.240(1)(f)1. 1. Aboveground heating oil tanks at 1- or 2-family dwellings.
ATCP 93.240(1)(f)2. 2. Tanks or piping that are installed or constructed under the direct supervision of a registered professional engineer.
ATCP 93.240 Note 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 section SPS 305.84 (5) or 305.85 (5).
ATCP 93.240(2) (2)Enforcement actions.
ATCP 93.240(2)(a)(a) The department may take actions to ensure compliance with the provisions of this chapter, including revoking or suspending credentials.
ATCP 93.240 Note Note: Section 168.23 (3) of the Statutes, reads in part
ATCP 93.240 Note Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
ATCP 93.240 Note Note: See chapter SPS 305 for revocation and suspension criteria.
ATCP 93.240 Note Note: Sections SPS 305.83, 305.88 and 305.89 prohibit a person from engaging in tank-system site assessment, tank system tightness testing, or cathodic protection specialties if the person or the person's employer has a personal or financial interest in the facility.
ATCP 93.240(2)(b) (b) The department may require attendance at a specified education class.
ATCP 93.240(2)(c) (c) The department may commence civil action or administrative action under the provisions of ss. 168.25 and 168.26, Stats.
ATCP 93.240 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1) (intro.), (a), (b), (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (a), (b), (e), (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.250 ATCP 93.250Tank construction and marking.
ATCP 93.250(1)(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.
ATCP 93.250(2) (2)Construction. Tanks containing flammable or combustible liquids shall be constructed 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:
ATCP 93.250(2)(a) (a) Tanks that contain liquids which are also hazardous substances.
ATCP 93.250 Note Note: Section ATCP 93.350 requires hazardous substance tanks to be designed and constructed under the supervision of a qualified engineer.
ATCP 93.250(2)(b) (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.
ATCP 93.250 Note 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.
ATCP 93.250 Note Note: Tank wagons have construction requirements in section 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 section ATCP 93.610 (2) are not exempted from this requirement.
ATCP 93.250(2)(c) (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.
ATCP 93.250(2)(d) (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).
ATCP 93.250(3) (3)Marking. Newly manufactured or constructed tanks shall have at least all of the following information permanently marked on the exterior of the tank by the manufacturer or the party responsible for tank construction:
ATCP 93.250(3)(a) (a) The name of the manufacturer or the party responsible for tank construction.
ATCP 93.250(3)(b) (b) The year of manufacture or construction.
ATCP 93.250(3)(c) (c) The standard under which the tank is manufactured or constructed.
ATCP 93.250(3)(d) (d) The minimum rate of any required emergency venting.
ATCP 93.250 Note Note: The applicable construction standard may already require this information or additional information to be marked on the tank. This marking requirement especially applies to farm tanks which have a capacity of less than 1,100 gallons and which are not required to be manufactured to any specific construction standard other than the minimal requirements in NFPA 30A section 13.2.3.
ATCP 93.250 Note Note: The department periodically publishes program letters to address issues in relation to applications of this chapter. The program letters are intended to provide and communicate implementation of regulatory and enforcement policy. Storage Tank Program Letters can be accessed on the Department's Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.250 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: cr. (2) (d), r. and recr. (3) Register July 2009 No. 643, eff. 8-1-09; correction in (2) (b), (c), (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (2) (b) to (d) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.260 ATCP 93.260Setbacks from already-installed potable water supply sources.
ATCP 93.260(1)(a) (a) Tank systems and their dispensing systems shall comply with the setback requirements in Table 93.260, except as specified in pars. (b) and (c).
ATCP 93.260(1)(b) (b) These setbacks do not apply where piping or dispensers are being replaced without replacing the tank.
ATCP 93.260(1)(c) (c) These setbacks do not apply where shorter setbacks are specified by the department of natural resources.
ATCP 93.260 Note Note: The Department of Natural Resources administers separating distances for proposed public community water supply wells regulated under chapter NR 811, and those distances may differ from the distances in Table 93.260. See footnote 4 under Table 93.260 for DNR requirements about separating distances for proposed and already-installed private water supply wells regulated under chapter NR 812.
ATCP 93.260 Note Note: Longer setback distances may be imposed through local wellhead-protection requirements.
Table 93.260 - See PDF for table PDF
1 Any reference in this column to a UST or AST “system" means both the tank and any product piping connected to it have the subsequently specified features.
2 The setback in this column is at least 1200 feet if any associated fueling area is not on a concrete surface, and any associated AST is not on a concrete surface, except this requirement does not apply to the setback for a one- or two-family residential heating oil AST.
3 The setback in this column is at least 100 feet if any associated fueling area is not on a concrete surface, and any associated AST is not on a concrete surface, except this requirement does not apply to the setback for a one- or two-family residential heating oil AST.
4 Any setback in this column that is less than 100 feet, other than the 25-foot setback for one- and two-family residences, may be utilized only after obtaining a variance or other approval from the department of natural resources, except a variance or other approval is not required for an AST that has a capacity of 1500 gallons or less.
5 This distance may be reduced by 50% if all of the following features are provided and maintained in addition to the features in the tank-type column: tank system construction of corrosion-resistant material, such as fiber-reinforced plastic, or steel with a fiber-reinforced plastic wrap or jacket; non-discriminating sump sensors; testable secondary containment spill bucket; continuous electronic liquid-filled, pressure, or vacuum interstitial monitoring with automatic system shut-down; audible and visual high-level alarm at 90% full, and automatic shut-off at 95%; all fueling area protected by canopy; and downspouts for drainage of rainwater do not discharge into a fueling area.
6 This distance may be reduced by 50% if all of the following features are provided and maintained in addition to the features in the tank-type column: either continuous non-discriminating electronic interstitial monitoring for double wall, or continuous non-discriminating electronic sensor for other secondary containment; audible and visual high-level alarm at 90% full, and either automatic shut-off at 95% or no latch-open device is used with any manual-shutoff nozzle; all dispensing by suction pump fuel transfer; all motor vehicle fueling limited to private or fleet use; all fueling area protected by canopy; and downspouts for drainage of rainwater do not discharge into a fueling area.
7 This reduced setback is only permitted for emergency or standby power systems that are operated by the same facility which operates the well, and only if all of the following features are provided and maintained in addition to the features in the tank-type column: audible and visual high-level alarm at 90% full, and either automatic shut-off at 95% or no latch-open device is used with any manual-shutoff nozzle. This setback may be reduced further where approved in writing by the department, upon submittal of an explanation of why reducing the setback is needed, along with demonstration that additional features will be included which will provide adequate protection for the well.
ATCP 93.260 Note Note: Aboveground storage tanks (ASTs) include tanks that are inside a building and have a liquid capacity of 110 gallons or more, are intended for fixed installation, and are not solely used for processing.
ATCP 93.260(2) (2) Tank systems and their dispensing systems shall be at least 50 feet from ground-level potable water reservoirs regulated under ch. NR 811, except as specified in sub. (1) (b) and (c).
ATCP 93.260(3) (3) Tank systems and their dispensing systems shall be at least 25 feet from potable water mains regulated under ch. NR 811, except as specified in sub. (1) (b) and (c).
ATCP 93.260 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
subch. III of ch. ATCP 93 Subchapter III — Specific Tank Storage Applications
ATCP 93.300 ATCP 93.300Tanks storing used oil.
ATCP 93.300(1) (1)General.
ATCP 93.300(1)(a)(a) Used oil shall be considered a Class IIIB liquid unless designated otherwise in this chapter or as shown by product flashpoint testing.
ATCP 93.300(1)(b) (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 section 7.2.9.
ATCP 93.300 Note Note: Devices that burn used oil are regulated by the Commercial Building Code, chapters SPS 361 to 366, and the Fire Prevention Code, chapter SPS 314. The tank that stores the oil is regulated by this chapter.
ATCP 93.300 Note Note: NFPA 31 section 12.9.1 requires tanks that supply used oil to an oil burner to be listed.
ATCP 93.300(2) (2)Tank construction and installation.
ATCP 93.300(2)(a)(a) Tanks for the storage of used oil shall comply with the construction and marking requirements in s. ATCP 93.250 anytime a tank system is installed.
ATCP 93.300(2)(b) (b) Aboveground tanks for used-oil storage that have a capacity of less than 750 gallons are not required to be listed, or marked in accordance with s. ATCP 93.250 (3), except for tanks which supply oil to an oil burner.
ATCP 93.300 Note Note: See section ATCP 93.250 for minimum marking requirements for newly manufactured or constructed tanks.
ATCP 93.300(2)(c) (c) Tanks shall be constructed of noncombustible materials, unless constructed and utilized in accordance with SU 2258 from Underwriters Laboratories Inc.
ATCP 93.300(2)(d) (d) The fill opening shall be screened to prevent the passage of solid objects into the tank.
ATCP 93.300(2)(e) (e) The fill opening may be located directly at the tank.
ATCP 93.300(2)(f) (f) The fill opening shall be closed except when a transfer is actually taking place.
ATCP 93.300(2)(g) (g) Tanks that store used oil shall be installed by or under the supervision of a certified installer.
ATCP 93.300(2)(h) (h) The building setback for tanks which have a capacity of less than 1,100 gallons and which store used oil may be less than the setbacks listed in NFPA 30 Table 22.4.1.6 if approved in writing by the authorized agent or the department; and that approval shall be based on consideration of the construction material for the building wall, the size of the tank, and the adjacent vehicular traffic.
ATCP 93.300 Note Note: See section ATCP 93.260 for minimum separating distances between tanks and water supply wells.
ATCP 93.300(3) (3)Spill and overfill prevention. All tanks, whether new or existing, shall comply with all of the following:
ATCP 93.300(3)(a) (a) The fill opening shall be provided with spill containment.
ATCP 93.300(3)(b) (b) If the fill opening is located outdoors, the opening shall be located in a watertight enclosure of noncombustible construction.
ATCP 93.300(3)(c)1.1. If the fill point is remote from the tank or if the delivery person cannot readily observe the tank gauge, an overfill alarm shall be provided at the fill point.
ATCP 93.300(3)(c)2. 2. The alarm shall be readily audible or visible at the fill point and shall alert the delivery person when the tank is 90 percent full.
ATCP 93.300(3)(c)3. 3. All overfill alarms shall be labeled as such.
ATCP 93.300(4) (4)Signage. All tanks, whether new or existing, shall be provided with a permanent and durable sign installed at the used-oil handler site or facility, that includes all of the following:
ATCP 93.300(4)(a) (a) “NO SMOKING."
ATCP 93.300(4)(b) (b) “USED-OIL COLLECTION ONLY."
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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.