ATCP 93.320(1)(c)1.1. Aboveground tanks with the fill point remote from the tank and all new and existing underground storage tanks used to store fuel for stationary combustion engines and gas turbines shall have the fill point labeled with the type of fuel.
ATCP 93.320(1)(c)2. 2. Aboveground storage tanks used to store fuel for stationary combustion engines and gas turbines shall have the tank labeled with the type of fuel.
ATCP 93.320(1)(d) (d) Aboveground storage tanks located in buildings. Aboveground storage tanks located in buildings and used to store fuel for stationary combustion engines and gas turbines shall comply with NFPA 37 chapter 6 and all of the following:
ATCP 93.320(1)(d)1. 1. The fill connection shall be located outside the building.
ATCP 93.320(1)(d)2. 2. Spill and overfill prevention shall be provided in accordance with s. ATCP 93.410.
ATCP 93.320(1)(e) (e) Aboveground storage tanks not located in a building. Aboveground storage tanks not located in a building and used to store fuel for stationary combustion engines and gas turbines shall comply with subch. IV and NFPA 37 chapter 5, except that double-wall tanks which are only filled with a manual-shutoff nozzle without a latching mechanism are not required to have additional spill prevention at the fill point.
ATCP 93.320(1)(f) (f) Underground storage tanks. Underground storage tanks used to store fuel for stationary combustion engines and gas turbines shall comply with subch. V and NFPA 37 chapter 5.
ATCP 93.320(2) (2)Spill and overfill prevention.
ATCP 93.320(2)(a)(a) Spill and overfill prevention shall be provided in accordance with s. ATCP 93.410, except as exempted in par. (b).
ATCP 93.320(2)(b) (b) Tanks that are filled by hand using a nozzle without a latch-open device are not required to have spill containment at the fill point.
ATCP 93.320(3) (3)Tank closure and general administrative requirements.
ATCP 93.320(3)(a)(a) Aboveground tanks. Aboveground tanks that store fuel for stationary combustion engines and gas turbines shall comply with ss. ATCP 93.440 to 93.470.
ATCP 93.320 Note Note: Sections ATCP 93.440 to 93.470 address inspections; seldom-used and temporarily-out-of-service tanks; change in service to store a non-regulated substance; tank closures; tank-system site assessments; and confirming and responding to leaks, spills, overfills and releases.
ATCP 93.320(3)(b) (b) Underground tanks. Underground tanks that store fuel for stationary combustion engines and gas turbines shall comply with ss. ATCP 93.545 to 93.585.
ATCP 93.320 Note Note: Sections ATCP 93.545 to 93.585 address seldom-used and temporarily-out-of-service tanks; change in service to store a non-regulated substance; tank system closures; conditions indicating releases; tank-system integrity assessments; tank-system site assessments; and responding to leaks, spills, overfills and releases.
ATCP 93.320 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1) (d) 2., (2) (a), (3) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (d) 2., (2) (a), (3) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.330 ATCP 93.330Converted tanks for the storage of flammable and combustible liquids.
ATCP 93.330(1) (1)Application. This section applies to all converted tanks, whether new or existing.
ATCP 93.330(2) (2)General installation and use. Converted tanks for the storage of flammable and combustible liquids shall be installed by a certified installer.
ATCP 93.330(3) (3)Pressure vessels.
ATCP 93.330(3)(a)(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.
ATCP 93.330(3)(b) (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, field testing, or by reference to an approved design standard.
ATCP 93.330(4) (4)Tank vehicles.
ATCP 93.330(4)(a)(a) The cargo tank of a tank vehicle that is converted to a stationary tank for the storage of flammable or combustible liquids shall meet the applicable tank storage requirements of this chapter, specific to the liquid stored, along with the requirements in pars. (b) to (d).
ATCP 93.330(4)(b) (b) Cargo tanks for permanent stationary use shall be constructed of steel only.
ATCP 93.330(4)(c) (c) The cargo tank vehicle platform shall be supported off the vehicle wheels and landing gear, and secured against movement, by the use of blocking devices and anchoring mechanisms that are acceptable to the department.
ATCP 93.330(4)(d) (d) Venting of the cargo tank shall follow the requirements of either NFPA 385 chapter 5 or this chapter.
ATCP 93.330(5) (5)General administrative requirements. Converted tanks shall follow the operating requirements of this chapter applicable to their current use.
ATCP 93.330 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (4) (c) Register July 2009 No. 643, eff. 8-1-09.
ATCP 93.340 ATCP 93.340Bulk plants and terminals.
ATCP 93.340(1) (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.
ATCP 93.340(2) (2)Product identification.
ATCP 93.340(2)(a)(a) Standard color code. All new and existing tanks and piping at bulk plants and terminals shall use the identification scheme in API 1637.
ATCP 93.340 Note Note: See section ATCP 93.230 (11) for color coding of fill pipe caps and manhole covers, for underground tanks.
ATCP 93.340(2)(b) (b) Type of identification. The product identification scheme in API 1637 shall be accomplished by one of the following methods:
ATCP 93.340(2)(b)1. 1. A disc tag of non-sparking material.
ATCP 93.340(2)(b)2. 2. A label using minimum 1-inch block letters.
ATCP 93.340(2)(b)3. 3. Painted sections at least 12 inches long.
ATCP 93.340(2)(c) (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.
ATCP 93.340(3) (3)Property maintenance. Tank yards and diked areas shall be kept free from weeds, high grass, rubbish and combustible materials that are not essential to the operation and shall be kept clean and orderly.
ATCP 93.340(4) (4)Security at bulk plants and terminal storage facilities. Owners and operators shall be aware of regulations, standards and operating practices that relate to facility security.
ATCP 93.340 Note Note: Information on how to develop a comprehensive site security program is available in the API document Security Guideline for the Petroleum Industry, or the American Chemistry Council document Site Security Guidelines for the U.S. Chemical Industry.
ATCP 93.340(5) (5)Transfer operations. In order to prevent a spill from moving beyond the loading or unloading area, any new or existing aboveground tank that has a capacity of 5000 gallons or more shall be provided with a catchment basin or treatment facility to contain the maximum capacity of the largest compartment of a tank car or tank vehicle loaded or unloaded at the facility. Existing tanks shall comply with this subsection within 2 years after December 31, 2009.
ATCP 93.340 Note Note: Federal Spill Prevention Control and Countermeasure requirements in 40 CFR 112 may apply to smaller product transfers.
ATCP 93.340(6) (6)General requirements.
ATCP 93.340(6)(a)(a) Aboveground tanks at existing facilities. Aboveground tank systems at existing bulk plants and terminals shall comply with subch. IV.
ATCP 93.340(6)(b) (b) Underground tanks at existing facilities. Underground tank systems at existing bulk plants and terminals shall comply with subch. V.
ATCP 93.340(6)(c) (c) New facilities. New bulk plants and terminals shall comply with PEI RP800; aboveground tank systems there shall also comply with s. ATCP 93.400 (3), (4), (5) and (7) to (11); and underground tank systems there shall also comply with subch. V.
ATCP 93.340 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (5), (6) (a) and (b), cr. (6) (c) Register July 2009 No. 643, eff. 8-1-09; correction in (6) (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (6) (c) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.350 ATCP 93.350Hazardous substances.
ATCP 93.350(1) (1)Scope and application.
ATCP 93.350(1)(a)(a) General.
ATCP 93.350(1)(a)1.1. The requirements of this section apply 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.
ATCP 93.350 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 93.350 Note 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.
ATCP 93.350(1)(a)2. 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.
ATCP 93.350(1)(b) (b) Exemptions. The requirements of this section do not apply to any of the following:
ATCP 93.350(1)(b)1. 1. Hazardous waste storage tanks that are licensed under s. 291.25, Stats., except any tank containing a flammable or combustible mixture of hazardous wastes regulated under that section, and other liquids, is not exempt from this chapter.
ATCP 93.350(1)(b)2. 2. Aboveground tanks which are used to store a federally regulated hazardous substance and which have a capacity of less than 5,000 gallons, and transfer operations involving these tanks, unless the substance is flammable or combustible.
ATCP 93.350 Note Note: Section ATCP 93.140 requires registration with the department for all aboveground storage tanks that have a capacity of 5000 gallons or more and all underground tanks, unless the stored substance is nonflammable and noncombustible, and has a concentration of less than 1 percent by volume.
ATCP 93.350(1)(b)3. 3. Accumulator tanks, process tanks or service tanks.
ATCP 93.350(1)(b)4. 4. Portable tanks containing liquids that are not flammable or combustible.
ATCP 93.350(1)(b)5. 5. Tanks regulated under, and maintained in compliance with the rules in 40 CFR 430.03.
ATCP 93.350 Note Note: 40 CFR 430.03 is entitled “Best Management Practices for Spent Pulping Liquor, Soap, and Turpentine Management, Spill Prevention and Control."
ATCP 93.350(2) (2)Tank system design and construction.
ATCP 93.350(2)(a)(a) General.
ATCP 93.350(2)(a)1.1. Design, construction and maintenance of tank systems for the storage of federally regulated hazardous substances shall be in accordance with good engineering practices and this chapter and shall be under the supervision of a qualified engineer, except as provided in subd. 2.
ATCP 93.350(2)(a)2. 2. Construction supervision by a qualified engineer is not required where all of the following occur:
ATCP 93.350(2)(a)2.a. a. Plans for the tank system are approved by an authorized agent or the department.
ATCP 93.350(2)(a)2.b. b. Construction is by a certified installer.
ATCP 93.350(2)(a)2.c. c. An authorized agent or the department inspects and accepts the construction.
ATCP 93.350(2)(b) (b) Notification. The qualified engineer shall notify the department, on form TR-WM-121, of an impending installation of a tank system under this section, unless this notice is provided under s. ATCP 93.115 (2) (b) 3.
ATCP 93.350(2)(c) (c) Testing. All new tanks and pipe systems shall have pressure or vacuum testing that shall assure that all components and connections are tight, in a manner equivalent to the protocol and parameters specified in NFPA 30 section 21.5 and PEI RP 100 sections 11 and 14, before the tanks and pipe systems are placed into service.
ATCP 93.350(2)(d) (d) Qualified engineer.
ATCP 93.350(2)(d)1.1. The qualified engineer responsible for design and oversight of construction of federally regulated hazardous substance liquid storage tank systems under this chapter shall meet the requirements of this paragraph.
ATCP 93.350(2)(d)2. 2. The qualified engineer shall be competent in the engineering methods for designing and installing hazardous liquid tank systems.
ATCP 93.350(2)(d)3. 3. The qualified engineer shall be a registered professional engineer, unless one of the exemptions in s. 443.14, Stats., applies.
ATCP 93.350(3) (3)General requirements for tanks. Storage tanks shall meet all of the following requirements:
ATCP 93.350(3)(a) (a) Structural. Tanks shall have a stable foundation, under all operating conditions, and be of sufficient structural strength to withstand normal handling and use.
ATCP 93.350(3)(b) (b) Chemical compatibility. Tanks shall be chemically compatible with the substance being stored.
ATCP 93.350(3)(c) (c) Wear, vibration, shock and corrosion. Tanks shall be protected from failure due to internal and external wear, vibration, shock and corrosion.
ATCP 93.350(3)(d) (d) Fire, heat, vacuum and pressure. Tanks shall be protected from fire, heat, vacuum and pressure that might cause tank failure.
ATCP 93.350(3)(e) (e) Collision protection. Tanks that are subject to vehicle collision shall be protected from collision damage by vehicles and equipment.
ATCP 93.350(3)(f) (f) Fiberglass-reinforced plastic. If fiberglass-reinforced plastic material is used, the material shall be of sufficient density and strength to form a hard, impermeable shell that will not crack, wick, wear, soften or separate under normal service conditions.
ATCP 93.350(3)(g) (g) National standards. Tanks shall be designed, constructed and installed or certified by a qualified engineer in accordance with a standard, recognized by the department, that is developed by a nationally recognized association or independent testing laboratory.
ATCP 93.350 Note Note: Examples of recognized standards include NACE RP 0178 — Fabrication Details, Surface Finish Requirements, and Proper Design Considerations for Tanks and Vessels to Be Lined for Immersion Service; UL 142 — Steel Aboveground Tanks for Flammable and Combustible Liquids; API 620 — Design and Construction of Large, Welded, Low-Pressure Storage Tanks; API 650 — Welded Steel Tanks for Oil Storage; ULC-S601-2000 — Aboveground Horizontal Shop-Fabricated Steel Tanks; ULC-S630-1993 — Aboveground Vertical Shop-Fabricated Steel Tanks; ASTM D 4097 — Standard Specification for Contact-Molded Glass-Fiber-Reinforced Thermoset Resin Corrosion-Resistant Tanks; and ASTM D 3299 — Standard Specification for Filament-Wound Glass-Fiber-Reinforced Thermoset Resin Corrosion-Resistant Tanks.
ATCP 93.350(3)(h) (h) Listing. Tanks used for underground storage shall be listed or shall be approved by the department.
ATCP 93.350(3)(i) (i) Reinstallation of used tank systems.
ATCP 93.350(3)(i)1.1. Used tank systems that do not meet the standards for new tanks under par. (g) or new piping under sub. (4) may not be reinstalled for hazardous substance storage.
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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.