Wisconsin Legislature: ATCP 93.610(1)(e)5.

b. Send an alarm to a facility that is staffed 24 hours a day, 7 days a week.

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.

(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.

(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.

(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.

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.

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.

(1) Tank wagons.

(a) General. Tank wagons shall be constructed and used in accordance with this subsection.

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.

(b) Duration of use. After 24 months, tank wagons need to be either removed, replaced, or inspected and recertified by the manufacturer.

(c) Location and type of use. The use of tank wagons is limited to the fueling of vehicles and equipment in the following operations:

1. Landfill and mine, pit and quarry operations.

2. Highway or runway construction, including associated material processing sites.

3. Construction projects for buildings, structures, and utilities.

4. Logging and woodcutting operations.

5. Dewatering operations.

6. Farming operations included under the definition of farming.

7. Trail grooming.

8. Fueling of heating or cooling units on semitrailers.

(d) Limitations on location and type of use.

1. Tank wagons may not be used for fueling vehicles unless the vehicles are dedicated to the operation of the specific project or facility.

2. Tank wagons may not be used for general fueling of fleet vehicles or any retail sales.

(e) Specifications for tank wagons. Tank wagons shall be constructed in accordance with all of the following:

1. The maximum total capacity of a tank wagon shall be 1,100 gallons.

2. The maximum capacity of a tank or individual compartment used to store Class I liquids shall be 330 gallons.

3. The tank shall be permanently affixed to the chassis.

4. Tanks shall be coated on the exterior to inhibit rust.

5. Tank wall thickness and joint configuration shall be in accordance with UL 142.

a. The fill opening for the tank shall be liquid tight, lockable and separate from any other opening.

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.

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:

a. For tanks up to 660 gallons — a 2-inch vent.

b. For tanks of 661 to 900 gallons — a 2.5-inch vent.

c. For tanks of 901 to 1,100 gallons — a 3-inch vent.

8. Tanks shall be provided with a liquid-level gauge.

a. Tanks that store Class I liquids shall be provided with a permanently mounted, listed pumping device.

b. A pump using a gasoline combustion engine may only be used on tanks containing Class II or III liquids.

10. Tank wagons shall be provided with listed fueling hose that is stored and secured on a hanger or hose reel.

11. The pump shall be equipped with a manufactured anti-siphon device.

12. Where Class I or II liquids are dispensed, means shall be provided to electrically bond the tank to the equipment being fueled.

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.

14.

a. The product stored in the tank shall be clearly marked on the tank.

b. Tanks with multiple compartments shall also be marked at the fill point of the tank.

15. Nozzles may not have a latch-open device.

(f) Operations involving tank wagons.

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.

2. Tank wagons shall be protected from public access and public vehicle collision while on the premises where used.

3. Tanks placed within 25 feet of a public roadway shall be protected by collision protection.

4. Tank wagons that contained Class I liquids immediately before transport shall be purged of flammable vapors before transport off the premises where used.

5. The fueling operator shall remain in attendance at the dispensing nozzle while fuel is flowing.

6. Fuel may not be dispensed using gravity discharge.

7. No more than one tank wagon may be towed at one time by a transport vehicle.

8. Support shall be provided for single-axle units to prevent tipping.

a. Tank placements shall comply with the setback requirements in s. ATCP 93.630 (2) (a), except as provided in subd. 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.

(2) Movable tanks.

(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.

(b) Duration of use. After 24 months, movable tanks need to be either removed, replaced, or inspected and recertified by the manufacturer.

(c) Location and type of use. Movable tanks may be used only for fueling of vehicles and equipment in the following situations:

1. In accordance with sub. (1) (c) 1. to 7.

2. At recycling centers and refuse centers.

3. At power generating stations.

4. For short-term use during fuel storage equipment changeovers.

(d) Limitations on location and type of use. Movable tanks may not be used for any retail sales, or for fueling vehicles unless the vehicles are dedicated to the operation of the specific project or facility.

(e) Specifications for movable tanks.

1. Movable tanks shall be constructed in accordance with the design standards of NFPA 30 section 21.4.2 or a similar standard recognized by the department.

2. Nozzles may not have a latch-open device.

3. The maximum capacity of a movable tank shall be 1,100 gallons.

4. Movable tanks are not required to be listed.

(f) Operations involving movable tanks.

a. Tank placements shall comply with the setback requirements in s. ATCP 93.630 (2) (a), except as provided in subd. 1. b.

b. Where setbacks required in subd. 1. 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.

Note: For farming operations, there are additional setback requirements in s. ATCP 93.630.

2. Movable tanks shall be protected from public access and public vehicle collision.

3. Tanks placed within 25 feet of a public roadway shall be protected by collision protection.

4. The fueling operator shall remain in attendance at the dispensing nozzle while fuel is flowing.

(3) Tank vehicles.

(a) General. This section applies to temporary uses of tank vehicles that are constructed in accordance with NFPA 385.

Note: See s. ATCP 93.330 (4) for requirements for converting a tank vehicle to a stationary tank.

Note: In accordance with s. ATCP 93.700, owners or operators of tank vehicles who conduct fueling in accordance with this section are required to comply with the financial responsibility requirements in subchapter VII.

(b) Duration of use. Tank vehicles may remain on the customer’s property for a maximum of 5 days unless any of the following conditions apply:

1. The tank vehicle is used to fill aircraft in accordance with s. ATCP 93.650 or aircraft support equipment.