1. (1) General.

   1. (a) Used oil shall be considered a Class IIIB liquid unless designated otherwise in this chapter or as shown by product flashpoint testing.

   2. (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. (2) Tank construction and installation.

   1. (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.

   2. (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.

   3. (c) Tanks shall be constructed of noncombustible materials, unless constructed and utilized in accordance with SU 2258 from Underwriters Laboratories Inc.
   4. (d) The fill opening shall be screened to prevent the passage of solid objects into the tank.
   5. (e) The fill opening may be located directly at the tank.
   6. (f) The fill opening shall be closed except when a transfer is actually taking place.
   7. (g) Tanks that store used oil shall be installed by or under the direct supervision of a certified installer.

   8. (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. (3) Spill and overfill prevention. All tanks, whether new or existing, shall comply with all of the following:

   1. (a) The fill opening shall be provided with spill containment.
   2. (b) If the fill opening is located outdoors, the opening shall be located in a watertight enclosure of noncombustible construction.

   3. (c)

      1. 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. 2.

         1. 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.
         2. 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. 3. All overfill alarms shall be labeled as such.

4. (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:

   1. (a) “NO SMOKING.”
   2. (b) “USED OIL COLLECTION ONLY.”
   3. (c) “DEPOSITING OTHER MATERIAL IS PROHIBITED.”
5. (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. (6) Secondary containment.

   1. (a) Aboveground tanks located outdoors shall have secondary containment that complies with s. ATCP 93.420 (1) to (4).

   2. (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. (7) Underground tanks.

   1. (a) General. Underground tanks for used-oil storage shall comply with the applicable portions of NFPA 30 and this section.

   2. (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. 1. The tank receives used oil in batches of 25 gallons or less by manual transfer.
      2. 2. The tank is emptied only by suction transfer.

   3. (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. 1. The tank receives used oil in batches of 25 gallons or less by manual transfer.

      2. 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.

   4. (d) Leak detection. Leak detection shall be provided in accordance with ss. ATCP 93.510 and 93.515.

8. (8) Tank closure and general administrative requirements.

   1. (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.

   2. (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. (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:

   1. (a) The tank is constructed of a durable material acceptable to the department.
   2. (b) If located outside of a building, the tank has secondary containment acceptable to the department.
   3. (c) If located inside a building, the tank has venting and fire prevention features acceptable to the department.

History

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.