Wisconsin Legislature: ATCP 93.620(1)(a)

1. Tanks that are filled via handheld nozzles shall be constantly attended during product delivery and shall be provided with overfill prevention equipment which notifies the person filling the tank with either an audible or a visual signal that the liquid level has reached 90 percent of the tank’s capacity.

2. Tanks that are filled by means of a tight connection between the delivery hose and the fill pipe or a similar device acceptable to the department shall be equipped with overfill prevention equipment that will operate as follows, unless approved otherwise in writing by the department:

a. Alert the transfer operator when the tank is no more than 90 percent full by triggering an audible and visual high-level alarm.

b. Automatically shut off the flow of liquid into the tank when the tank is no more than 95 percent full.

(n) Leak detection for aboveground tanks. Leak detection for aboveground tanks shall be provided in accordance with one of the following:

1. Where dikes are provided, a minimum of 2 feet shall be provided between any new tank and the toe of the dike walls, and a minimum of 3 inches shall be provided between the bottom of any new tank and the dike floor, to allow for visual inspection of the exterior tank surface, except as provided in subd. 2. or as otherwise approved by the department.

2. Where double-walled tanks are used or where clearances for visual inspection of the primary containment surface are not provided as specified in subd. 1., interstitial monitoring shall be provided as specified in s. ATCP 93.515 (7).

(o) Tank enclosures. Aboveground tanks shall be provided with enclosures in accordance with sub. (7).

(6) Operations involving fixed-tank fuel dispensing facilities. Operations involving fixed-tank fuel dispensing facilities shall follow the requirements in NFPA 30, NFPA 30A, and all of the following:

(a) Fuel may not be dispensed using gravity discharge.

(b) Aboveground tanks may not be used for vehicle fueling at residences, except as allowed in s. ATCP 93.640 (4) for watercraft fueling.

(7) Aboveground tank enclosures.

(a) The area around an aboveground motor vehicle fuel tank and its secondary containment shall be secured by a 6-foot high noncombustible building or by a 6-foot high noncombustible fence with a gate, except where exempted under par. (b) or (c).

(b) If the property on which the tanks are located has a perimeter security fence, additional enclosure of the tank system is not required.

(c) For fleet fuel dispensing tank systems that have an aggregate tank capacity of 1,320 gallons or less, enclosure of the tank by one of the structures listed in par. (a) is not required if all of the following conditions are met:

1. The fill opening of the tank is kept locked.

2. The electrical control panel is secured inside of a building.

3. The dispenser is secured against unauthorized use.

4. Dusk-to-dawn lighting is provided above the tank area.

5. For Class I liquids, all normal vents on the primary tank terminate at least 12 feet above grade.

Note: Federal Spill Prevention Control and Countermeasure regulations in 40 CFR 112 may require fencing for tanks with capacities of more than 1,320 gallons.

(d) Buildings or fences under this subsection shall be made entirely of noncombustible materials and have a minimum of one exit in compliance with chs. SPS 361 to 366.

(e) Buildings or fences may not be supported by the tanks they enclose.

(f) Buildings or fenced enclosures may not be used for occupancy, storage, or any other use unless specifically allowed under chs. SPS 361 to 366.

(g) Fences surrounding tanks shall be of chain-link design or other open fencing approved by the department.

(h) Gates and doors shall be normally locked.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (b) 6. made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.620 Public access motor vehicle fueling operations.

(1) General.

(a) Public access fueling operations shall follow the operational requirements of NFPA 30A and this section.

(b) When the product dispensed from a tank system is changed from a Class I liquid to a Class II or III liquid, the department’s corresponding district inspection office shall be notified, and the new product shall be tested and approved before being dispensed.

Note: Under ch. ATCP 94, similar notification and approval is required for changing from storing a Class II or III liquid to storing a Class I liquid.

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

(2) Dispensing area safety.

(a) Equipment or devices not required for, or not integral to, the fueling operation, such as vending machines or automated teller machines, may only be installed outside of the fuel dispensing area.

(d) A person shall be at least 14 years old to dispense fuel into the fuel tank of a motor vehicle.

(e) Combustible merchandise placed within 20 feet of a fuel dispenser shall meet all of the following requirements:

1. No combustible merchandise, including pallets and packaging material, may be within 3 feet horizontally of the dispenser cabinet.

2. The height of the merchandise display, including pallets and packaging material, may not exceed 3 feet above grade.

Note: Trash receptacles and window washing containers that are for public use are not considered merchandise under this section. Window washing solution in containers for sale to the public would be considered merchandise under this section.

(f) A means of two-way voice communication between the customer and attendant shall be maintained while the facility is open to the public and an attendant is on duty.

(g) No vehicle may be fueled from an aboveground storage tank while the storage tank is being filled.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (a) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.630 Fuel storage and dispensing at farms and construction projects.

(1) General.

(a) Aboveground tanks. This section applies to aboveground storage tank systems for fueling operations at a farm premises or construction project. Such tanks shall comply with NFPA 30A chapter 13 and this section.

(b) Limitations on location and type of use. The tanks may not be used for fueling vehicles unless the vehicles are dedicated to the operation of the farm premises or construction project.

1. The tanks shall be constructed in accordance with NFPA 30A chapter 13 and this section.

2. Nozzles on gravity systems may not have a latch-open device.

3. There is no minimum required setback between the tank and the dispenser.

(d) Operations involving tanks. Operations shall be in accordance with NFPA 30A chapter 13.

(e) Security. The tank system shall be equipped so the hose, hanger, or outlet valve can be locked to prevent tampering.

(2) Modifications to NFPA 30a and exemptions.

(a) Farming operations. For farming operations using a tank without secondary containment, the tank and the fueling operation shall be placed outside of a building and at least 40 feet from the near side of a public way and from a building or structure used for any of the following purposes:

1. Human occupancy.

2. Housing of any livestock.

3. Storage or repair of any motor-driven vehicle or machine.

4. Storage of chemicals, pesticides, or other fuels.

5. Storage of hay or similar crops susceptible to spontaneous combustion if stored in a combustible building or structure.

(b) Other operations. For all operations within the scope of this section using a tank without secondary containment, other than farming, the tank and the fueling operation shall be placed outside and at least 40 feet from the near side of a public way and from any important building or structure.

(c) Operations using secondary containment tanks. All operations within the scope of this section using a tank with secondary containment shall follow the setback requirements in Table 93.630.

(d) Irrigation operations.

1. A tank that supplies a combustion engine in an irrigation system shall be located on land or on a pier of the solid-fill type.

2. The tank shall be mounted to maintain stability against vibration, wind, water-saturated ground, and floodwater and shall be liquid-tight.

3. Where a tank is at an elevation that may produce a gravity head-pressure or siphon pressure, the tank outlet shall be equipped with a device, such as a normally closed solenoid valve, which will prevent gravity or siphon flow from the tank to the engine. This device shall be located adjacent to and downstream of the tank outlet valve. The device shall be installed and adjusted so that liquid cannot flow by gravity or siphon from the tank to the engine if the fuel piping, tubing, or hose system fails when the engine is not in use.

4. The fuel piping, tubing, or hose system connecting the tank to the engine shall comply with all of the following:

a. Be compatible with the fuel.

b. Be constructed, supported, and protected against physical damage and stresses arising from impact, settlement, vibration, expansion, contraction, wave action, and wildlife.

c. Be of a type that is designed to withstand the forces and pressures exerted upon it, including from any motion of the engine or a pier.

d. Be liquid-tight.

e. Have a valve at the tank to shut off the liquid supply from the tank.

(3) Tanks of less than 1,100 gallons.

(a) Aboveground tanks that have a capacity of less than 1,100 gallons shall comply with this subsection before use.

(b) Installation shall be by a certified installer.

(c) The certified installer shall fill out a tank installation notification, form TR-WM-124, and provide the form to the authorized agent or the department for inspection of the tank system.

Note: Form TR-WM-124 — Farm & Construction AST Installation Notification is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942, or from the Bureau’s Web site at http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

(d) Before a tank may be filled or used, the tank system shall be inspected or authorized for use by the authorized agent or the department, except as allowed otherwise by par. (g).

(e) The owner shall remit the inspection fee under Table 93.1605 to the authorized agent or the department before filling or using the tank.

(f) The tank shall be inspected within 5 business days after notification for a standard inspection and within 2 business days after notification for a priority inspection, except as provided in par. (g).

(g) The tank may be filled and used if the inspection has not been completed within the time limits after notification specified in par. (f).

(h) Tanks that are filled via hand-held nozzles shall be constantly attended during product delivery and shall be provided with overfill prevention equipment which notifies the person filling the tank, with either an audible or a visual signal, that the liquid level has reached 90 percent of the tank’s capacity.

(i)

1. Tanks shall be mounted on noncombustible supports that are adequate to provide stability.

2. The base of the tank supports shall be at the same grade level as the vehicles when positioned for fueling.

3. The bottom of the tank, irrespective of any supports, shall be elevated at least 6 inches above the surrounding grade.

(4) Tanks of 1,100 gallons or more, or located less than 40 feet from buildings. Aboveground tanks which have a capacity of 1,100 gallons or more, or which are located less than 40 feet from either the buildings and structures listed in sub. (2) (a) or important buildings or structures, shall comply with all of the following:

(a) Tank listing. The tank shall be listed and labeled for aboveground use.