Wisconsin Legislature: ATCP 93.610(3)(b)1.

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.

2. Prior to the tank vehicle arriving at the customer’s property, the local fire department has approved conditional use for more than 5 days.

3. The tank vehicle is converted to a stationary tank in accordance with s. ATCP 93.330.

Note: Federal Spill Prevention Control and Countermeasure requirements in 40 CFR 112 include provisions for secondary containment for tank vehicles while parked.

(c) Location and type of use. Tank vehicles may be used only for transferring fuel into a fixed-tank system, or for fueling of vehicles and equipment in the following situations:

1. With the expressed permission of the local fire department.

2. Fueling of vehicles and equipment on the customer’s premises and in connection with the business for the uses listed in subs. (1) (c) 1. to 7. and (2) (c) 2.

3. Fueling of fleet vehicles or locomotives in accordance with this subsection.

Note: This type of fueling is also known by the term “wet-hose fueling.”

4. Fueling of watercraft under emergency conditions in accordance with s. ATCP 93.640 (5) or as allowed under NFPA 30A section 9.6.

Note: NFPA 30A section 11.9 allows fueling of Class II fuels directly from a tank vehicle, for commercial or governmental watercraft used in connection with the business.

5. Fueling of aircraft in accordance with s. ATCP 93.650.

(d) Specifications for tank vehicles.

1. Tank vehicles shall be constructed in accordance with NFPA 385.

2. Readily accessible and functional portable fire extinguishers shall be carried on the tank vehicle as required by NFPA 385.

Note: NFPA 385 requires one portable fire extinguisher with a minimum rating of 4A, 40-B:C – or 2 or more extinguishers, each having a minimum rating of 2A, 20-B:C. NFPA 385 and this chapter require portable fire extinguishers to be maintained in accordance with NFPA 10.

3. Tank vehicles shall carry all of the following supplies:

a. A storm drain plug kit.

b. A containment berm with a minimum effective length of 12 feet.

c. Non-water absorbent material capable of absorbing a minimum of 25 gallons of fuel.

(e) Transfer into tank vehicles. Fuel may be transferred into a tank vehicle only from a fixed storage tank system, except where this chapter permits otherwise for emergencies.

(f) Operations involving tank vehicles. All operations involving tank vehicles shall be in accordance with all of the following requirements:

1. The fueling operation shall take place outdoors, and the point of transfer shall be at least 15 feet from a building.

2. Fuel may not be dispensed using gravity discharge.

3. Expansion space shall be left in each tank to prevent overflow in the event of a rise in temperature.

4. Nighttime deliveries shall be made in well-lighted areas, or a means of lighting shall be provided for the dispensing and delivery area.

5. The tank vehicle shall have its flasher lights in operation during fueling.

6. Fueling operations are prohibited within 25 feet of an ignition source.

7. Dispensing operations may not take place where either the operation or a fuel spill would impede either egress from a building or facility access by emergency response personnel.

8. Fueling operations shall take place in locations that utilize natural features or man-made barriers such that a spill will not flow into a building or into the waters of the state.

9. The company providing the mobile fueling service shall maintain an agreement with a local emergency response provider unless the company is equipped to provide emergency response.

10. The 2 vehicles shall be electrically bonded when dispensing Class I or II liquids.

11.

a. Where the fueling operation is accessible to the public, precautions shall be taken, such as the placement of signs, to notify the public that fueling is in process.

b. The signs shall have black letters at least 2 inches high with a minimum stroke width of 1/2 inch on a yellow background.

c. The signs shall read as follows:

“NO SMOKING

FUELING IN PROGRESS

AUTHORIZED PERSONNEL ONLY”

12. All engines, motors, and electrical equipment not essential to the fueling operation shall be shut down.

13. The fuel delivery nozzle shall be put in contact with the fill pipe before the flow of fuel begins, and this contact shall be continuously maintained until the flow stops.

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

(4) Other mobile tanks. Written approval shall be obtained from the department before dispensing fuel from any mobile tank that is not addressed in subs. (1) to (3).

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

ATCP 93.615 Fuel dispensing systems using aboveground fixed tanks.

(1) General. Aboveground fixed-tank fuel dispensing facilities shall comply with NFPA 30, NFPA 30A, PEI RP200, ss. ATCP 93.445 to 93.470, and this section.

(2) Duration of use. There is no limit on the duration of use for a fixed-tank fuel dispensing facility, provided the system is installed, operated and maintained in compliance with this chapter.

(3) Location and type of use.

(a) A fixed-tank fuel dispensing facility may be used for any type of fueling, subject to the requirements of this chapter.

(b) A fixed-tank fuel dispensing facility shall be used for all of the following types of fueling:

1. Public access fueling of trucks, automobiles, and portable containers.

2. General fueling of fleet vehicles, except where a tank vehicle is allowed under s. ATCP 93.610 (3).

3. Fueling from aboveground tanks at a farm premises or a construction project, which have a capacity of 1,100 gallons or more or which do not meet the required setbacks.

4. Fueling from tanks that are used on the same premises for more than 2 years, unless otherwise allowed under this chapter.

5. Aircraft fueling in accordance with the dispensing requirements in s. ATCP 93.650, except where use of tank vehicles is also allowed, in accordance with the requirements for tank vehicles in s. ATCP 93.610 (3).

6. Watercraft, snowmobile and ATV fueling in accordance with the dispensing requirements in s. ATCP 93.640, except as provided in s. ATCP 93.640 (4) and (5) for residential watercraft and emergency fueling.

Note: Section ATCP 93.640 (4) has requirements for residential non-public fueling of watercraft. Section ATCP 93.640 (5) allows watercraft to be fueled from a tank vehicle under emergency conditions.

(4) Limitations on location and type of use. There are no general limitations on location or use for fixed fuel tanks.

(5) Specifications for fixed-tank fuel dispensing facilities.

(a) Tank listing. Tanks shall be listed and labeled appropriate to their use.