Wisconsin Legislature: ATCP 93.650(5)(a)

1. The tank shall be located outdoors, on land, at least 25 feet from the dwelling and other important buildings, and at least 10 feet from the ordinary high water mark of a navigable waterway, public roadway, or property line.

2. All setbacks shall be measured from the inside of the dike wall to the dwelling, important building, ordinary high water mark, public roadway, or property line.

(f) A means shall be provided to prevent the discharge of liquid due to a siphoning effect. Gravity dispensing systems may not be used.

(g) Transfer of product shall be from a tank by means of an approved, fixed, fuel dispensing hand pump, or a listed, fixed, electrical pump.

(5) Emergency fueling from a tank vehicle. Where fixed dispensing facilities are not available, dispensing of Class I or II liquids directly from a tank vehicle into permanently installed fuel tanks of self-propelled watercraft shall be permitted for emergency fueling, provided the operation is in accordance with the requirements for tank vehicles in s. ATCP 93.610 (3).

(6) Snowmobile and atv fueling.

(a) General. Tank systems used for fueling snowmobiles or ATVs shall meet the requirements for dispensing systems in s. ATCP 93.615.

(b) Tank location. Tank systems adjacent to a body of water shall also follow the requirements for watercraft fueling.

1. Aboveground tank systems used for snowmobile and ATV fueling shall be provided with collision protection.

2. The collision protection shall be spaced no more than 30 inches on center.

3. If the fueling area is adjacent to vehicle traffic or a parking area, bollards or equivalent protection shall be placed to separate the snowmobile or ATV fueling area from motor vehicle traffic.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (c) 1., (4) (e) 1. made under s. 35.17, Stats., and correction in (2), (6) (a) made under s. 13.92 (4) (b) 7., Stats., Register October 2019.

ATCP 93.650 Aircraft fuel dispensing.

(1) General requirements. Fueling operations for aircraft shall follow the requirements in s. ATCP 93.610 (3) or 93.615, NFPA 407, NFPA 418, and this section.

(2) Setbacks.

(a) Aboveground tanks used for public access fueling shall be at least 30 feet from the point of fuel transfer into the aircraft.

(b) Aboveground tank setbacks from buildings, public ways, and property lines shall follow the requirements in Table 93.615-B.

(c)

1. The point of fuel transfer into the aircraft, from any tank or truck supply source, shall be at least 100 feet from public traffic or assembly areas at public events, unless a reduced distance is authorized by the fire chief.

2. The public events referred to in subd. 1. do not include passenger terminals, fixed base operators, or persons entering or exiting the aircraft.

(3) Collision protection.

(a) Barriers shall be provided to protect tanks, pumps, dispensers, and vents from collision damage from aircraft or other vehicles in accordance with s. ATCP 93.430.

(b) Where subject to collision from aircraft, barriers protecting an aboveground tank shall be located at all four corners of the storage tank system and extend at least 12 inches above the top of the tank.

(4) Product identification.

(a) All fuel handling equipment for aircraft and installations within the scope of EI 1542, whether new or existing, shall be marked as referenced in the standard.

(b) All aboveground tanks and fill pipes for underground tanks for aircraft, whether new or existing, shall be labeled or otherwise marked using the identification scheme in EI 1542.

Note: EI 1542 has requirements for identifying aviation gasoline (AVGAS) and turbine fuels and the equipment used to store and dispense them.

(5) Fueling hose.

(a) All public access, self-service fueling hose for aircraft that is installed or replaced on or after February 1, 2009, shall be reeled or racked unless approved otherwise by the authorized agent or the department.

(b) All fueling hose shall be protected from damage.

(6) Operations.

(a) General. Individuals who dispense fuel into aircraft shall be knowledgeable in operations and emergency procedures specific to the fuel and fueling systems they are operating.

(b) Amphibious aircraft. Shoreline fuel dispensing systems for amphibious aircraft shall follow the requirements of s. ATCP 93.640.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) made under s. 13.92 (4) (b) 7., Stats., October 2019 No. 766.

ATCP 93.660 Racetrack and amusement vehicle fueling operations.

(1) Racing vehicles and amusement ride vehicles with integral internal combustion engines shall follow the requirements of this section.

(2) The fuel tanks of racing vehicles shall be filled from safety cans or a fixed fueling system complying with s. ATCP 93.615.

(3) During a race in which the vehicle is competing, the vehicle may be refueled with the engine running, if the racetrack is equipped with onsite fire protection that is capable of responding adequately to fires ignited during the fueling.

(4) Fueling areas shall be posted with signs that read as follows:

“NO SMOKING OR OPEN FLAMES”

(5) A portable fire extinguisher with a minimum 40-B:C rating shall be provided at each fueling area, including pit stalls, pit work areas, and garages.

(6) Fueling areas that use methanol shall provide a minimum of 10 gallons of water at each fueling area, including pit stalls, pit work areas, and garages, for the purpose of diluting a methanol fire.

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

ATCP 93.680 Alternative motor fuels.

(1) Application.

(a) All storage or dispensing systems for fuel consisting of more than 10 percent ethanol by volume shall comply with subs. (2) to (4) and DOE/GO-102016-4854.

(b) All storage or dispensing systems for fuel consisting of more than 5 percent biodiesel by volume shall comply with subs. (5) to (7) and DOE/GO 102016-4875.

Note: The department and the EPA consider the following parts of a UST system to be critical for demonstrating equipment compatibility under this section:

1. Tank or internal tank lining.

2. Piping.

3. Line leak detector.

4. Flexible connectors.

5. Drop tube.

6. Spill and overfill prevention equipment.

7. Submersible turbine pump and components.

8. Sealants (including pipe dope and thread sealant), fittings, gaskets, o-rings, bushings, couplings, and boots.

9. Containment sumps (including submersible turbine sumps and under dispenser containment).

10. Leak and release detection floats, sensors, and probes.

11. Fill and riser caps.

12. Product shear valve.

(2) Material compatibility for ethanol blends. Equipment used to store or dispense fuel consisting of more than 10 percent ethanol by volume may not contain or consist of any of the following materials:

(a) Metals. Zinc, lead, aluminum, or alloys containing these metals such as brass or terne.

Note: Terne-plated steel and lead-based solder are commonly used in equipment that handles gasoline. These materials will dissolve when in contact with high concentrations of ethanol.

(b) Natural materials. Cork, leather, or natural rubber.

Note: Materials that have been shown to be generally compatible with high concentrations of ethanol include unplated steel, stainless steel, black iron, bronze, Neoprene rubber, Buna-N, polypropylene, nitrile, Viton, Teflon, thermoset reinforced fiberglass and thermoplastic piping material.

(3) General requirements for ethanol blends.

(a) Tank cleaning.

1. If another type of fuel was stored in the tank, the tank shall be cleaned in accordance with API 2015 or another method approved by the department before introducing the ethanol-blended fuel.

Note: See s. ATCP 93.230 (15) for related cleaning criteria when changing the type of liquid stored in a tank.

2. All cleaning work shall be performed by a certified tank cleaner unless specifically approved by the department based on an alternate cleaning method.

Note: Most metal storage tanks and pipe are compatible with ethanol. However, some fiberglass storage tank systems manufactured before 1992 might not be compatible with higher levels of ethanol. The tank manufacturer and installation contractor should be consulted for additional information on the reuse of underground storage tanks.

3. Denatured alcohol (commonly known as E98) may not be stored in underground storage tanks due to flammability issues.

(b) Tightness testing. A precision tightness test shall be performed on the tank and piping in accordance with s. ATCP 93.515 (4) before placing the tank system back into service.

1. ‘Approved equipment.’ Equipment or components used for storing or dispensing ethanol-blended motor fuel shall be listed or shall be verified by the manufacturer as being compatible with ethanol-blended fuel, except where otherwise approved in writing by the department.

Note: The department and the EPA accept use of the criteria in API 1626, as adopted in s. ATCP 93.200, to demonstrate compatibility for UST systems storing ethanol blends under this section.

2. ‘Dispenser nozzles and hoses.’ Dispensers that are installed on or after February 1, 2009, shall use a separate fueling nozzle and hose for dispensing ethanol-blended motor fuels of more than 10 percent ethanol by volume.

Note: See ch. ATCP 94 for signage requirements for ethanol-blended fuels.

3. ‘In-line filters.’ A 1- or 2-micron in-line filter shall be used for dispensing ethanol-based fuel.

4. ‘Lined tanks.’ Tanks with linings regulated under s. ATCP 93.530 may not be used to store ethanol-blended fuels.

(4) Notification procedures for ethanol blends.

(b) At least 30 days prior to commencing conversion to an ethanol-blended fuel, a certified installer or professional engineer shall complete part I of the department’s alternative fuel installation/conversion application form, TR-WM-132, and submit it to the department as part of the plan review submittal.

Note: Plan review is required in s. ATCP 93.100 for facilities converted to store and dispense ethanol-based fuels.

Note: Within a 1st class city, the provisions in par. (b) may be administered by that city instead of the department, as authorized in ss. ATCP 93.020 (8) and 93.110 (3) and (4). As of November 1, 2019, only the City of Milwaukee is a 1st class city.

(c) At least 15 days prior to commencing normal fueling operations using ethanol-blended fuel, the operator shall complete part II of the department’s alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuel Storage Tank System and/or Dispenser Installation/Conversion Application, and provide the completed form to the certified tank system inspector performing the pre-operational inspection.

Note: A map of weights and measures petroleum inspectors can be found at: https://datcp.wi.gov/Pages/Programs_Services/StorageTankContacts.aspx.

Note: See the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.