Current through August 26, 2024
(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
storage requirements in s.
ATCP 93.310
and NFPA 31 chapter 7.
Note: Devices that burn used oil are regulated
by the Commercial Building Code, chs.
SPS
361 to 366, and the Fire Prevention Code, ch. SPS 314.
The tank that stores the oil is regulated by this chapter.
Note: NFPA 31 section 12.9.1 requires tanks
that supply used oil to an oil burner to be listed.
(2) TANK CONSTRUCTION AND INSTALLATION.
(a) Tanks for the storage of used oil shall
comply with the construction and marking requirements in s.
ATCP 93.250 anytime a tank system is installed.
(b) Aboveground tanks for used-oil storage
that have a capacity of less than 750 gallons are not required to be listed, or
marked in accordance with s.
ATCP 93.250(3), except for tanks which
supply oil to an oil burner.
Note: See s.
ATCP 93.250 for minimum marking requirements for newly
manufactured or constructed tanks.
(c) Tanks shall be constructed of
noncombustible materials, unless constructed and utilized in accordance with SU
2258 from Underwriters Laboratories Inc.
(d) The fill opening shall be screened to
prevent the passage of solid objects into the tank.
(e) The fill opening may be located directly
at the tank.
(f) The fill opening
shall be closed except when a transfer is actually taking place.
(g) Tanks that store used oil shall be
installed by or under the direct supervision of a certified
installer.
(h) The building setback
for tanks which have a capacity of less than 1,100 gallons and which store used
oil may be less than the setbacks listed in NFPA 30 Table 22.4.1.6 if approved
in writing by the authorized agent or the department; and that approval shall
be based on consideration of the construction material for the building wall,
the size of the tank, and the adjacent vehicular traffic.
Note: See s.
ATCP 93.260 for minimum separating distances between tanks
and water supply wells.
(3) SPILL AND OVERFILL PREVENTION. All tanks,
whether new or existing, shall comply with all of the following:
(a) The fill opening shall be provided with
spill containment.
(b) If the fill
opening is located outdoors, the opening shall be located in a watertight
enclosure of noncombustible construction.
(c)
1. Each
tank shall have a means of overfill prevention that consists of either a visual
gauge, an audible or visual alarm, or a pump shutdown which activates at 90
percent of the tank's capacity, except as provided in subd. 2.
2.
a. If
the fill point is remote from the tank or if the delivery person cannot readily
observe the tank gauge, an overfill alarm shall be provided at the fill point
unless a pump shutdown is provided that activates at 90 percent of the tank's
capacity.
b. All overfill alarms
shall be readily audible or visible at the fill point and shall alert the
delivery person when the tank is 90 percent full.
3. All overfill alarms shall be labeled as
such.
(4)
SIGNAGE. All tanks, whether new or existing, shall be provided with a permanent
and durable sign installed at the used oil handler site or facility that
includes all of the following:
(a) "NO
SMOKING."
(b) "USED OIL COLLECTION
ONLY."
(c) "DEPOSITING OTHER
MATERIAL IS PROHIBITED."
(5) VEHICLE COLLISION PROTECTION. Vehicle
collision protection shall be provided for aboveground tanks in accordance with
s.
ATCP 93.430 unless the authorized agent or the department
determines the tank system is not subject to vehicle collision.
(6) SECONDARY CONTAINMENT.
(a) Aboveground tanks located outdoors shall
have secondary containment that complies with s.
ATCP 93.420(1) to
(4).
(b) Tanks located inside a building shall
have secondary containment for 100 percent of the tank capacity if a leak from
the storage tank could reach a floor drain, the exterior of the building, or
areas that pose an ignition hazard.
Note: An oil-water separator connected to a
floor drain may be used for all or a portion of the required secondary
containment, depending on the system capacity.
(7) UNDERGROUND TANKS.
(a)
General.Underground
tanks for used-oil storage shall comply with the applicable portions of NFPA 30
and this section.
(b)
Spill
protection.For underground tanks that store used oil, spill protection
is not required at any point other than the fill point, if the tank meets all
of the following conditions:
1. The tank
receives used oil in batches of 25 gallons or less by manual
transfer.
2. The tank is emptied
only by suction transfer.
(c)
Corrosion
protection.Corrosion protection shall be provided in accordance with
s.
ATCP 93.520 except this protection is not required for
piping that is associated with an underground tank which stores used oil,
provided the tank and piping meet all of the following conditions:
1. The tank receives used oil in batches of
25 gallons or less by manual transfer.
2. All piping that is underground is sloped
at an angle of at least 30 degrees from horizontal between the point at which
it enters the ground and the tank, to allow for the free flow of oil.
Note: This section does not exempt the tank
itself from corrosion protection requirements.
(d)
Leak detection.Leak
detection shall be provided in accordance with ss.
ATCP 93.510 and 93.515.
(8) TANK CLOSURE AND GENERAL ADMINISTRATIVE
REQUIREMENTS.
(a)
Aboveground
tanks.Aboveground tanks that store used oil shall comply with ss.
ATCP 93.440 to 93.470.
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.
(b)
Underground
tanks.Underground tanks that store used oil shall comply with ss.
ATCP 93.545 to 93.585.
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.
(9) SCRAP RECYCLING AND AUTOMOBILE RECYCLING
FACILITIES. Subsections (1) (a), (2) (a), (2) (c) to (h), (3) to (5), (6) (a),
and (8) do not apply to a new or existing aboveground tank which contains used
oil and which is located at a scrap recycling or automobile recycling facility
adequately participating in a cooperative compliance program approved by the
department of natural resources, provided all of the following requirements are
met:
(a) The tank is constructed of a durable
material acceptable to the department.
(b) If located outside of a building, the
tank has secondary containment acceptable to the department.
(c) If located inside a building, the tank
has venting and fire prevention features acceptable to the
department.
