This is the preview version of the Wisconsin State Legislature site.
Please see for the production version.
ATCP 93.605(2) (2)Portable containers .
ATCP 93.605(2)(a)(a) Portable containers for the sale or purchase of a flammable or combustible liquid shall be clearly marked with the name of the product.
ATCP 93.605(2)(b) (b) 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:
ATCP 93.605(2)(b)1. 1. The container or tank is substantially bright red in color.
ATCP 93.605(2)(b)2. 2. The container or tank has a listing mark from an independent testing agency.
ATCP 93.605(2)(c) (c) 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.
ATCP 93.605(3) (3)Dispensing operations.
ATCP 93.605(3)(a)(a) All dispensing areas shall be provided with lighting where fueling operations are performed during hours of darkness.
ATCP 93.605(3)(b) (b) Dispenser displays shall be located to be fully visible to the person fueling the vehicle.
ATCP 93.605(3)(c) (c) All surface area within a 30 foot radius of the dispenser shall be maintained free of high grass, weeds, and debris.
ATCP 93.605(3)(cm) (cm) No combustible materials, including pallets and packaging material, may be within 3 feet horizontally of the dispenser cabinet or tank.
ATCP 93.605(3)(d) (d) Fuel may not be dispensed using tank pressurization.
ATCP 93.605(4) (4)Dispenser labeling. Dispensers at facilities subject to the requirements of ch. ATCP 94 shall be labeled in accordance with the requirements of that chapter.
ATCP 93.605(5) (5)Attended and unattended fueling.
ATCP 93.605(5)(a) (a) 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.
ATCP 93.605(5)(b) (b) 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.
ATCP 93.605(5)(c)1.1. 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.
ATCP 93.605(5)(c)2. 2. 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(5)(c)2.a. a. Automatically shut down either the submersible pump or the dispenser operation.
ATCP 93.605(5)(c)2.b. b. Send an alarm to a facility that is staffed 24 hours a day, 7 days a week.
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.
ATCP 93.605(6) (6)Overfill protection. 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.
ATCP 93.605(7) (7)Product transfers. 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.
ATCP 93.605(8) (8)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 Note: Based on definitions of “dispenser,” “dispensing area,” and “dispensing system” in s. ATCP 93.050 (38), (40), 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 ATCP 93.610 Fuel dispensing systems using aboveground mobile tanks.
ATCP 93.610(1)(1)Tank wagons.
ATCP 93.610(1)(a)(a) General. Tank wagons shall be constructed and used in accordance with this subsection.
ATCP 93.610 Note 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.
ATCP 93.610(1)(b) (b) Duration of use. After 24 months, tank wagons need to be either removed, replaced, or inspected and recertified by the manufacturer.
ATCP 93.610(1)(c) (c) Location and type of use. The use of tank wagons is limited to the fueling of vehicles and equipment in the following operations:
ATCP 93.610(1)(c)1. 1. Landfill and mine, pit and quarry operations.
ATCP 93.610(1)(c)2. 2. Highway or runway construction, including associated material processing sites.
ATCP 93.610(1)(c)3. 3. Construction projects for buildings, structures, and utilities.
ATCP 93.610(1)(c)4. 4. Logging and woodcutting operations.
ATCP 93.610(1)(c)5. 5. Dewatering operations.
ATCP 93.610(1)(c)6. 6. Farming operations included under the definition of farming.
ATCP 93.610(1)(c)7. 7. Trail grooming.
ATCP 93.610(1)(c)8. 8. Fueling of heating or cooling units on semitrailers.
ATCP 93.610(1)(d) (d) Limitations on location and type of use.
ATCP 93.610(1)(d)1.1. Tank wagons may not be used for fueling vehicles unless the vehicles are dedicated to the operation of the specific project or facility.
ATCP 93.610(1)(d)2. 2. Tank wagons may not be used for general fueling of fleet vehicles or any retail sales.
ATCP 93.610(1)(e) (e) Specifications for tank wagons. Tank wagons shall be constructed in accordance with all of the following:
ATCP 93.610(1)(e)1. 1. The maximum total capacity of a tank wagon shall be 1,100 gallons.
ATCP 93.610(1)(e)2. 2. The maximum capacity of a tank or individual compartment used to store Class I liquids shall be 330 gallons.
ATCP 93.610(1)(e)3. 3. The tank shall be permanently affixed to the chassis.
ATCP 93.610(1)(e)4. 4. Tanks shall be coated on the exterior to inhibit rust.
ATCP 93.610(1)(e)5. 5. Tank wall thickness and joint configuration shall be in accordance with UL 142.
ATCP 93.610(1)(e)6.a.a. The fill opening for the tank shall be liquid tight, lockable and separate from any other opening.
ATCP 93.610(1)(e)6.b. b. Tanks used to dispense gasoline shall be equipped with a drop tube at the fill opening that terminates within 6 inches of the tank bottom.
ATCP 93.610(1)(e)7. 7. Tanks shall be provided with an updraft-type vent affixed to an 18-inch high standpipe, and the vent shall comply with one of the following:
ATCP 93.610(1)(e)7.a. a. For tanks up to 660 gallons — a 2-inch vent.
ATCP 93.610(1)(e)7.b. b. For tanks of 661 to 900 gallons — a 2.5-inch vent.
ATCP 93.610(1)(e)7.c. c. For tanks of 901 to 1,100 gallons — a 3-inch vent.
ATCP 93.610(1)(e)8. 8. Tanks shall be provided with a liquid-level gauge.
ATCP 93.610(1)(e)9.a.a. Tanks that store Class I liquids shall be provided with a permanently mounted, listed pumping device.
ATCP 93.610(1)(e)9.b. b. A pump using a gasoline combustion engine may only be used on tanks containing Class II or III liquids.
ATCP 93.610(1)(e)10. 10. Tank wagons shall be provided with listed fueling hose that is stored and secured on a hanger or hose reel.
ATCP 93.610(1)(e)11. 11. The pump shall be equipped with a manufactured anti-siphon device.
ATCP 93.610(1)(e)12. 12. Where Class I or II liquids are dispensed, means shall be provided to electrically bond the tank to the equipment being fueled.
ATCP 93.610(1)(e)13. 13. Frames, chassis, tires, and rims shall be constructed and maintained so they are adequate to support the weight of the system and keep it stable.
ATCP 93.610(1)(e)14.a.a. The product stored in the tank shall be clearly marked on the tank.
ATCP 93.610(1)(e)14.b. b. Tanks with multiple compartments shall also be marked at the fill point of the tank.
ATCP 93.610(1)(e)15. 15. Nozzles may not have a latch-open device.
ATCP 93.610(1)(f) (f) Operations involving tank wagons.
ATCP 93.610(1)(f)1.1. Tank wagons shall be empty of liquid product while being towed off the premises where used or on any public access road, lane or highway.
ATCP 93.610(1)(f)2. 2. Tank wagons shall be protected from public access and public vehicle collision while on the premises where used.
ATCP 93.610(1)(f)3. 3. Tanks placed within 25 feet of a public roadway shall be protected by collision protection.
ATCP 93.610(1)(f)4. 4. Tank wagons that contained Class I liquids immediately before transport shall be purged of flammable vapors before transport off the premises where used.
ATCP 93.610(1)(f)5. 5. The fueling operator shall remain in attendance at the dispensing nozzle while fuel is flowing.
ATCP 93.610(1)(f)6. 6. Fuel may not be dispensed using gravity discharge.
ATCP 93.610(1)(f)7. 7. No more than one tank wagon may be towed at one time by a transport vehicle.
ATCP 93.610(1)(f)8. 8. Support shall be provided for single-axle units to prevent tipping.
ATCP 93.610(1)(f)9.a.a. Tank placements shall comply with the setback requirements in s. ATCP 93.630 (2) (a), except as provided in subd. 9. b.
ATCP 93.610(1)(f)9.b. b. Where setbacks required in subd. 9. a. cannot be met, the setbacks from buildings and public ways shall be the maximum allowed by the current conditions at the site, as approved by the authorized agent or the department.
ATCP 93.610(2) (2)Movable tanks.
ATCP 93.610(2)(a)(a) General. This section applies to temporary uses of movable tanks constructed in accordance with NFPA 30 section 21.4.2. or a similar standard recognized by the department.
ATCP 93.610(2)(b) (b) Duration of use. After 24 months, movable tanks need to be either removed, replaced, or inspected and recertified by the manufacturer.
ATCP 93.610(2)(c) (c) Location and type of use. Movable tanks may be used only for fueling of vehicles and equipment in the following situations:
ATCP 93.610(2)(c)1. 1. In accordance with sub. (1) (c) 1. to 7.
ATCP 93.610(2)(c)2. 2. At recycling centers and refuse centers.
ATCP 93.610(2)(c)3. 3. At power generating stations.
ATCP 93.610(2)(c)4. 4. For short-term use during fuel storage equipment changeovers.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.