Flammable, Combustible, and Hazardous Liquids

ATCP 93.010 Purpose. 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, com…

ATCP 93.020 Scope and application. (1) NEW FACILThe 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…

ATCP 93.050 Definitions. In this chapter: (1) XAboveground storage tankY or XASTY means any vessel that has a liquid capacity of 5,000 gallons or more, is intended for fixed installation, is not solely used for processing and does not meet the definition of an underground storage…

ATCP 93.100 Plan review. (1) GENERAL. (a) Plan review and written approval from the authorized agent or the department shall be obtained before any of the following activities are performed on storage tank systems used to store a regulated substance, except where exempted under p…

ATCP 93.110 Jurisdiction over enforcement. (1) DEPARTMENT APPROVAL OF LPO. (a) With the approval of the chief elected municipal official, the municipality shall determine if a municipal department will exercise jurisdiction over the provisions of this chapter as the local program…

ATCP 93.115 Enforcement and inspections. (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…

ATCP 93.120 Revocation and expiration of approval. (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 aut…

ATCP 93.130 Specific approval of materials, equipment, concepts, technology and devices. (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 co…

ATCP 93.140 Tank registration. (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 o…

ATCP 93.145 Tank permits. (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…

ATCP 93.150 Change of ownership. (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 TRWM-118, TR-WM-137, or TR-WM-…

ATCP 93.1605 Fees relating to storage tanks for liquids that are flammable, combustible or federally regulated hazardous substances. ATCP 93.165 Alternate forms. ATCP 93.170 Petition for variance. ATCP 93.175 Prohibited practices. ATCP 93.180 Penalties. ATCP 93.190 Appeals and he…

ATCP 93.165 Alternate forms. 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 fo…

ATCP 93.170 Petition for variance. 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 va…

ATCP 93.175 Prohibited practices. 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…

ATCP 93.180 Penalties. 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. Note: Section 168.26, Stats., in coordination with 40 CFR 281.41, states, XAny per…

ATCP 93.190 Appeals and hearings on enforcement decisions. (1) HEARINGS. (a) General. The owner or operator of a tank system may request a hearing with the department, as specified in s. ATCP 1.06, on any decision affecting that person[s legal rights, including enforcement orders…

ATCP 93.200 Adoption of standards. The standards listed in Tables 93.200-1 to 93.200-11 are incorporated by reference into this chapter. Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standard…

ATCP 93.210 Application of standards. (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. A…

ATCP 93.220 Secondary references. 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 standa…

ATCP 93.225 Alternate standards. (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 appr…

ATCP 93.230 General requirements. (1) APPLICAThis 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…

ATCP 93.240 Certifications and enforcement. (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 ab…

ATCP 93.250 Tank construction and marking. (1) MULTI-COMPARTMENT TANKS. Each compartment of a multicompartment 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 combusti…

ATCP 93.260 Setbacks from already-installed potable water supply sources. (1) (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). (b) These setbacks do not apply where piping or dispen…

ATCP 93.300 Tanks storing used oil. (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…

ATCP 93.305 Public used oil collection centers. (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 CONS…

ATCP 93.310 Heating fuel storage. (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 hea…

ATCP 93.315 Heating oil tanks that are removed from service. (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 s…

ATCP 93.320 Fuel storage for stationary combustion engines and gas turbines. (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:…

ATCP 93.330 Converted tanks for the storage of flammable and combustible liquids. (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…

ATCP 93.335 Manufacture of organic coatings. (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 certifi…

ATCP 93.340 Bulk plants and terminals. (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 …

ATCP 93.350 Hazardous substances. (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…

ATCP 93.360 Storage of Class IA flammable liquids. (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 100o F shall comply with the applicable requirements of NFPA 30…

ATCP 93.370 Emergency shutoff for transfers. (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 …

ATCP 93.400 General requirements. (1) ABOVE(a) General. Tanks designed and built for underground use may not be used aboveground. (b) Tanks for Class I, II, or IIIA liquids. Tanks used for aboveground storage of Class I, II, or IIIA liquids shall comply with the tank construction…

ATCP 93.410 Spill and overfill prevention. (1) (a) All aboveground storage tanks, whether new or existing, shall have a means of overfill prevention which consists of either a visual gauge, an audible or visual alarm, or a pump shutdown that activates at 90 percent of the tank[s …

ATCP 93.420 Secondary containment. (1) APPLICAAboveground storage tanks using secondary containment as a method of spill control shall comply with the secondary containment requirements in NFPA 30 section 22.11 and this section, except this requirement does not apply to any of th…

ATCP 93.425 Tank lining of aboveground storage tanks. (1) The installation or repair of tank linings or coatings for aboveground storage tanks shall comply with API 652 and this section. (2) The interior lining or coating of aboveground storage tanks or the repair of such linings…

ATCP 93.430 Vehicle collision protection. (1) Permanent vehicle collision protection shall be provided for any new or existing tank or system component that could result in a release of product when damaged, in any area where impact due to speed, turning, or backing of any type o…

ATCP 93.440 Aboveground tank inspection. (1) APPLICATION. All new and existing aboveground storage tanks shall be inspected in accordance with this section. (2) INSPECTION OF FIELD-ERECTED METALLIC ABOVEGROUND STORAGE TANKS. (a) Metallic aboveground storage tanks within the scope…

ATCP 93.445 Seldom-used and temporarily out of service tank systems. (1) OPERATIONAL REQUIREMENTS. Owners or operators of aboveground seldom-used and temporarily out of service tanks shall comply with the applicable requirements of s. ATCP 93.545 (1). (2) PLACING A TANK BACK INTO…

ATCP 93.450 Change in service to store a non-regulated or a regulated substance. Owners or operators of aboveground tanks shall comply with the change-in-service requirements of s. ATCP 93.550, except a revised registration for aboveground tanks, form TR-WM-118, shall be complete…

ATCP 93.460 Closure of aboveground tanks. (1) GENERAL. Owners or operators of aboveground tanks shall comply with the closure requirements of s. ATCP 93.560, except as provided in this section. (1m) TANK REMOVAL. Tanks shall be removed from the site within one year of closure. (2…

ATCP 93.465 Tank-system site assessment. (1) GENERAL. (a) Tank-system site assessments for aboveground tanks shall comply with this section and the assessment requirements in s. ATCP 93.580, except as provided in sub. (2). (b) Tank-system site assessments for aboveground storage …

ATCP 93.470 Responding to a leak, spill, overfill, or release. Owners or operators, contractors, and fuel-delivery persons for aboveground tanks shall comply with the requirements relating to the presence of a leak, spill, overfill or release, and the assessment of, and response …

ATCP 93.500 General requirements. (1) SECONDARY CONTAINMENT. (a) General. All new and replacement underground storage tanks and piping systems shall be provided with secondary containment and continuous electronic interstitial monitoring, except as provided in par. (b). Note: Thi…

ATCP 93.503 Product inventory verification at retail facilities. (1) This section applies to any tank system from which products are offered for retail sale to the public that are subject to the requirements of ch. ATCP 94. Note: Inventory verification can be particularly effecti…

ATCP 93.505 Spill and overfill prevention. (1) GEN(a) Prior to delivery, the operator of the fuel delivery equipment that is transferring the product shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank. (b) The tr…