Wis. Admin. Code ATCP § ATCP 93.250

Current through November 25, 2024
Section ATCP 93.250 - Tank construction and marking
(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.
(2) CONSTRUCTION. Tanks containing flammable or combustible liquids shall be constructed and listed or labeled 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:
(a) Tanks that contain liquids which are also hazardous substances.

Note: Section ATCP 93.350 requires hazardous substance tanks to be designed and constructed under the supervision of a qualified engineer.

(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.

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.

Note: Tank wagons have construction requirements in s. 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 s. ATCP 93.610(2) are not exempted from this requirement.

(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.
(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).
(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:
(a) The name of the manufacturer or the party responsible for tank construction.
(b) The year of manufacture or construction.
(c) The standard under which the tank is manufactured or constructed.
(d) The minimum rate of any required emergency venting.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 93.250

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.
Adopted by, CR 17-092: cr. Register October 2019 No. 766, eff. 11/1/2019

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.