1. (1) Scope. This section applies to any new or existing aboveground or underground tank that is used to supply liquid fuel to a heating device, including a used oil burner, if the device and the fuel have the following characteristics:

   1. (a) The heating device is used for space heating, processing or manufacturing.

   2. (b) The fuel is consumed on the premises where stored.

      Note: Number 5 and 6 fuel oil do not meet the criteria for a liquid and therefore are not regulated by this chapter.

2. (2) Installation, use and maintenance.

   1. (a) Tanks that supply oil-burning equipment shall be installed, used and maintained in accordance with NFPA 31 and this section.

   2. (b) Tanks used to store heating fuel shall be installed by or under the direct supervision of a certified installer.

      Note: Tanks installed at 1- or 2-family dwellings are not required to have plan review under s. ATCP 93.100, and aboveground tanks that have a capacity of less than 1,100 gallons are not required to have registration under s. ATCP 93.140.

      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.

3. (3) Underground tanks that have a capacity of less than 4,000 gallons. Underground heating oil storage tank systems that have a capacity of less than 4,000 gallons shall have all of the following:

   1. (a) Overfill prevention equipment that notifies the person filling the tank, with either an audible or a visual signal, that the liquid level has reached 90 percent of the tank’s capacity.
   2. (b) Corrosion protection that complies with s. ATCP 93.520, except this requirement does not apply to tanks that were installed before November 1, 1994.

   3. (c)

      1. 1. Precision tightness testing every 2 years or leak detection in accordance with s. ATCP 93.510, except this requirement does not apply to residential tanks which have a capacity of less than 1,100 gallons and which were installed before October 29, 1999, for consumptive use on the property where stored.
      2. 2. The tightness testing or leak detection methods used to comply with subd. 1. shall be specifically approved for use with the specific type of heating oil in accordance with s. ATCP 93.130.
4. (4) Underground tanks that have a capacity of 4,000 gallons or more. Underground heating oil storage tank systems that have a capacity of 4,000 gallons or more shall have secondary containment which complies with s. ATCP 93.500 (1) if the system is either new or a replacement, leak detection which complies with s. ATCP 93.510 and corrosion protection which complies with s. ATCP 93.520.

5. (5) Spill and overfill prevention.

   1. (a) Spill and overfill prevention for aboveground tanks shall be provided in accordance with s. ATCP 93.300 (3).
   2. (b) Spill and overfill prevention for underground tanks shall be provided in accordance with s. ATCP 93.505, except this requirement does not apply to residential tanks that have a capacity of less than 1,100 gallons containing fuel oil for consumptive use on the property.
   3. (c) Fill pipes for used-oil tanks that are part of a heating system may be located inside a building.

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

   1. (a) Aboveground tanks. Aboveground tanks that store heating 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 heating 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.

History

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