(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.
(i) Accumulator tanks.
(j) Process tanks.
(k) Product recovery tanks.
(l) Service 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.
