Reporting to the owner or operator.
Fuel-delivery persons shall immediately inform the owner or operator of any overfilling or spilling which occurs during the delivery procedure and which may result in or be a release.
Reporting under CERCLA.
The release of a regulated substance to the environment that equals or exceeds its reportable quantity under CERCLA shall be reported immediately to the EPA.
ATCP 93.585 Note
The CERCLA List of Hazardous Substances and Reportable Quantities is contained in 40 CFR 302.4
, Table 302.4.
Fire hazard response.
The owner or operator shall identify, mitigate and monitor fire and explosion hazards, such as the presence of free product or vapors in structures.
Prevention of further release.
The owner or operator shall take action to prevent further release of the regulated substance to the environment, including all of the following:
Removing and safely storing as much of the regulated substance from the tank system as necessary to prevent further release to the environment.
Taking steps to prevent migration of the substance, including managing any contaminated soils or water in accordance with ch. 292
No later than 21 business days after reporting a release under this section, the owner or operator shall submit documentation to the department of natural resources demonstrating compliance with subs. (1) (b)
, and demonstrating that the corrective and mitigation actions which were taken have accomplished or will accomplish all of the following:
Minimization of the harmful effects from the release to the air, lands or waters of Wisconsin.
Any repairs or changes to a tank system that are made because of a release reported under this section shall be reported to the department within 21 business days of completing the repair or change.
ATCP 93.585 History
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.600
This subchapter applies to all new and existing motor fuel dispensing facilities, except where specified otherwise.
ATCP 93.600 History
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.605
General fuel dispensing requirements. ATCP 93.605(1)(a)
Periodic and annual inspections and maintenance shall be conducted in accordance with PEI RP500 and RP900, except that PEI RP 900, Section 6, Daily UST Inspection Checklist items may be performed at least monthly rather than daily.
ATCP 93.605 Note
In addition to the PEI RP500 and RP900 maintenance requirements, further criteria on maintaining USTs is available in standard STI R-111,
Storage Tank Maintenance
, from the Steel Tank Institute, at www.steeltank.com
. This standard is applied to USTs under ss. ATCP 93.230 (14)
and addresses topics such as how to keep the fuel clean, the effects of water and contaminants on fuel, how to monitor various types of tanks and fuels, how to clean tanks, and criteria to follow when switching fuels.
Dispensers for motor fuel that is a Class I or Class II liquid shall be tested for electrical continuity in accordance with PEI RP400 when installing or replacing any hanging hardware assembly or component or when the hose breakaway becomes disconnected.
Nozzles used for dispensing motor fuel shall be listed and shall be automatic closing.
ATCP 93.605 Note
Note: Latch-open nozzles may be prohibited in some of the circumstances addressed by this chapter.
New and replacement nozzle spouts shall comply with one of the following:
Nozzle spouts used for spark-ignition fuels shall have an outside diameter of 0.807 to 0.840 inches.
Nozzle spouts used for compression-ignition fuels for passenger cars and light-duty trucks shall have an outside diameter of 0.929 to 0.9375 inches.
Nozzle spouts used for compression-ignition fuels for heavy-duty trucks and off-road heavy equipment shall have an outside diameter of either 1.122 to 1.250 inches or 0.929 to 0.9375 inches.
Changing from one to another of the fuel types in subd. 2.
shall include changing the nozzle spout to the size specified in subd. 2.
for the new fuel.
ATCP 93.605 Note
Per s. ATCP 93.650
, hose used for fueling aircraft must also meet the requirements of EI 1529.
Where fueling hose is allowed to be longer than 18 feet, the hose shall be reeled or racked unless approved otherwise by the authorized agent or the department.
Hose and fittings used for dispensing motor fuels shall be maintained in a manner where they are not subject to being driven over by vehicle traffic.
Hose and fittings used for dispensing of flammable and combustible liquids shall be periodically inspected for wear and stress. Hose or fittings that are suspect or have the appearance of wear shall be immediately replaced.
All new or replacement dispensing devices for Class I liquids shall be provided with a double-poppet, heat-actuated emergency shutoff valve that will stop the flow of fuel if the dispenser is displaced from its base, or if the fusible link is activated.
Anytime an emergency shutoff valve is replaced, the valve shall comply with subd. 1.
Emergency electrical disconnect shall be tested at least annually. Tests conducted on underground storage tank dispensing systems shall be documented on functionality verification form, TR-WM-139.
Water may not exceed the following depths, as measured with water-indicating paste, in any tank utilized in storing the following fuels, except as otherwise approved by the department:
Gasoline-alcohol blends, biodiesel, biodiesel blends, and E85 fuel ethanol— 1/4 inch.
Tanks used to store motor fuels or kerosene shall have the water level checked and recorded at least once per month.
Anytime the water level exceeds the levels in this paragraph, sale of the fuel shall be stopped. The cause of the water ingress shall be determined and corrected and excess water removed from the tank within 5 days.
Water levels in tanks at retail facilities subject to the requirements of ch. ATCP 94
shall be maintained in accordance with that chapter.
Portable containers for the sale or purchase of a flammable or combustible liquid shall be clearly marked with the name of the product.
Liquids having a flash point of less than 100°
F may not be dispensed into a portable container or portable tank unless all of the following conditions are met:
The container or tank has a listing mark from an independent testing agency.
No kerosene, fuel oil, or similar liquids having a flash point of 100°
F or more may be filled into any portable container or portable tank that is colored red.
All dispensing areas shall be provided with lighting where fueling operations are performed during hours of darkness.
Dispenser displays shall be located to be fully visible to the person fueling the vehicle.
All surface area within a 30 foot radius of the dispenser shall be maintained free of high grass, weeds, and debris.
No combustible materials, including pallets and packaging material, may be within 3 feet horizontally of the dispenser cabinet or tank.
Dispensers at facilities subject to the requirements of ch. ATCP 94
shall be labeled in accordance with the requirements of that chapter.
To be considered as being an attended fueling facility, there shall be at least one attendant regularly on duty on a daily basis, but not necessarily during all hours of operation, to supervise, observe, and control the actual dispensing of fuel.
All point-of-sale dispensing systems, whether attended or not, shall meet the requirements in NFPA 30A section 9.5 for unattended self-service motor fuel dispensing facilities except a telephone or other means for contacting emergency services available to the public is not required.
All new fueling facilities that are not attended as specified in par. (a)
shall have pipeline catastrophic leak detection, and sump monitors if so equipped, that will automatically shut down either the submersible pump or the dispenser operation upon detection of a system leak.
All existing fueling facilities that are not attended as specified in par. (a)
shall have pipeline catastrophic leak detection, and sump monitors if so equipped, that will do either of the following upon detection of a system leak:
ATCP 93.605 Note
Note: As an example, par. (c) would not apply to a convenience store and retail station that closes each day at 10:00 p.m. and then continues to operate its point-of-sale, card-reader dispensers until the store and station reopen the next day.
Before delivery of product into a storage tank, the driver, operator or attendant of the tank vehicle shall measure the available capacity of the tank. The available capacity shall be more than the volume of the product to be delivered.
Fuel from public access fueling dispensers may only be transferred into integral vehicle and equipment fuel supply tanks, contractor pickup mounted cross-over tanks, and approved portable containers that have a capacity of 10 gallons or less.
Separation from gaseous fuels.
A motor fuel dispenser shall be separated from storage vessels and dispensers for liquefied petroleum gas, liquefied natural gas, compressed natural gas, gaseous hydrogen, and liquefied hydrogen that are regulated by ch. SPS 340
. Separation distances shall be the distances that are required by NFPA 30A chapter 12.
ATCP 93.605 Note
Based on definitions of “dispenser,” “dispensing area,” and “dispensing system” in s. ATCP 93.050 (38)
, and (41)
, respectively, the distances under this subsection are measured to the body of the device that measures and dispenses the liquid product, rather than to the distal end of the hose and nozzle which can be extended away from that device.
ATCP 93.605 History
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; (1) (g) (intro.), 1., 2., 3., 4., 5., 6. renum. to (1) (g) 1. (intro.), a., b., c., 2., 3., 4. under s. 13.92 (4) (b) 1., Stats., Register October 2019 No. 766. ATCP 93.610
Fuel dispensing systems using aboveground mobile tanks. ATCP 93.610(1)(a)(a)
Tank wagons shall be constructed and used in accordance with this subsection.
ATCP 93.610 Note
In accordance with s. ATCP 93.700
, tank wagon owners and operators are required to comply with the financial responsibility requirements in subchapter VII.
Duration of use.
After 24 months, tank wagons need to be either removed, replaced, or inspected and recertified by the manufacturer.
Location and type of use.
The use of tank wagons is limited to the fueling of vehicles and equipment in the following operations:
Highway or runway construction, including associated material processing sites.