Section ATCP 93.020 - Scope and application(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.(6) EXCLUSIONS. The following tanks, containers, tank systems and facilities are not regulated under this chapter: (a) Underground storage tanks that have a capacity of less than 60 gallons.(b) Aboveground storage tanks and intermediate bulk containers that have a capacity of less than 110 gallons.(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. Note:: Chapter ATCP 33 addresses bulk storage of pesticides and fertilizers.
(d) Aboveground storage tanks storing liquids that are used in processes covered in any of the following standards: 1. NFPA 33 Spray Application Using Flammable or Combustible Materials.2. NFPA 34 Dipping & Coating Processes Using Flammable or Combustible Liquids.4. NFPA 45 Fire Protection for Laboratories Using Chemicals.(e) Dedicated breakout tanks that are located at pipeline facilities.(f) Odorant or other additive injection tanks that are directly connected to a pipeline.(g) Contractor tanks that are mounted on pickup trucks.(h) Oil-filled electrical equipment and transformers.(k) Product recovery tanks.(m) Marine fueling facilities where fuel is stored and dispensed into the fuel tanks of marine craft of 300 gross tons or more.(n) Aboveground or underground tank systems that store nonflammable and noncombustible hazardous liquids in concentrations of less than 1 percent by volume. Note: Safety data sheets should be consulted for flash point and concentration.
(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. Note: Safety data sheets should be consulted for flash point and concentration.
(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 nonflammable and noncombustible.(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.(r) Underground storage tank systems that contain radioactive material which is regulated under the federal Atomic Energy Act of 1954. Note: The Atomic Energy Act of 1954 is contained in 42 USC 2011 et seq.
(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 part 50.(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: 1. Tank configurations are single-wall or double-wall, with or without heating coils.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.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.(u)1. Facilities located on Indian reservation land that is held either in trust by the United States or in fee by the tribe or a tribal member.2. Facilities which are located on off-reservation Indian land that is held in trust by the United States, and which is held either in trust by the United States, or in fee by the tribe or a tribal member.(v)1. A pipeline facility, including gathering lines, that is regulated under USC 49 chapters 601 and 603.2. An intrastate pipeline facility, including gathering lines, that is regulated under state laws as provided in USC 49 chapters 601 and 603 and which is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure, or as an integral part of a pipeline. Note: Chapter SPS 314 has fire prevention requirements that may apply to tanks which are not regulated by ch. 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, ch. 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. Chapter 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 100°F or more.
(7) DIFFERING RULES. (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.(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).(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).(8) LOCAL REGULATIONS. (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).(b) A 1st class city may apply different requirements for administering plan review and inspections by the city. Note: As of November 1, 2019, only the City of Milwaukee is a 1st class city.
(9) RETROACTIVITY. The provisions of this chapter are not retroactively applied to existing facilities unless specifically stated in this chapter.(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.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 93.020
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.Adopted by, CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (5) (a), (6) (v) 2., (8) (b) made under s. 35.17, Stats., Register October 2019 No. 766, eff. 11/1/2019