ATCP 93.585(1)(a)(a) Leaks. Immediately upon discovery of any evidence of a leak from a tank system or dispensing system, the owner or operator or any contractor performing work under this chapter shall take all measures necessary to stop the leak and to prevent migration of any free product into the environment.
ATCP 93.585(1)(b) (b) Releases. Immediately upon confirming any suspected release or discovering any obvious release, the owner or operator shall investigate the extent of contamination, and undertake corrective and mitigation actions in accordance with s. 292.11 (3), Stats.
ATCP 93.585(2) (2)Reporting a release.
ATCP 93.585(2)(a)(a) Reporting to the department of natural resources. The owner or operator or a person who causes it shall immediately report any release of a regulated substance to the department of natural resources in accordance with s. 292.11 (2), Stats.
ATCP 93.585 Note Note: Releases that must be reported to the department of natural resources under s. 292.11 (2), Stats., include the discovery of contaminated soils or free product; dissolved phase product or vapors, in soils, in basements, in sewer or utility lines, or in surface water or groundwater either at the tank site or in the surrounding area; and spills or overfills.
ATCP 93.585 Note Note: Releases of substances defined in section 101 (14) of CERCLA that are not flammable or combustible liquids must also be reported to the department of natural resources in accordance with ch. 292, Stats.
ATCP 93.585 Note Note: For more information about reporting releases to the department of natural resources, refer to the DNR Web site at http://dnr.wi.gov/topic/Spills/Report.html. That site includes a notice to use a 24-hour hotline number of 1-800-943-0003 for reporting spills.
ATCP 93.585 Note Note: Failure to notify the DNR of a release may have serious consequences —such as forfeitures under s. 168.26, Stats., of $10 to $5000 for each violation. Each day of continued violation is a separate offense, and under s. ATCP 93.180, each tank that is in violation is a separate offense.
ATCP 93.585 Note Note: Department staff and authorized agents periodically inspect storage facilities for petroleum products and other hazardous substances. These inspectors have authority to report any release encountered during these inspections that has not been reported to the DNR by the owner or operator — and these releases may become the subject of formal enforcement actions.
ATCP 93.585(2)(b) (b) Reporting to the owner or operator. Fuel-delivery persons shall immediately inform the owner or operator of any overfilling or spilling which occurs during the delivery procedure and which may result in or be a release.
ATCP 93.585(2)(c) (c) Reporting under CERCLA. The release of a regulated substance to the environment that equals or exceeds its reportable quantity under CERCLA shall be reported immediately to the EPA.
ATCP 93.585 Note Note: The CERCLA List of Hazardous Substances and Reportable Quantities is contained in 40 CFR 302.4, Table 302.4.
ATCP 93.585(3) (3)Fire hazard response. The owner or operator shall identify, mitigate and monitor fire and explosion hazards, such as the presence of free product or vapors in structures.
ATCP 93.585(4) (4)Prevention of further release. The owner or operator shall take action to prevent further release of the regulated substance to the environment, including all of the following:
ATCP 93.585(4)(a) (a) Removing and safely storing as much of the regulated substance from the tank system as necessary to prevent further release to the environment.
ATCP 93.585(4)(b) (b) Taking steps to prevent migration of the substance, including managing any contaminated soils or water in accordance with ch. 292, Stats.
ATCP 93.585(5) (5)Demonstration of adequate corrective action.
ATCP 93.585(5)(a) (a) No later than 21 business days after reporting a release under this section, the owner or operator shall submit documentation to the department of natural resources demonstrating compliance with subs. (1) (b) and (4), and demonstrating that the corrective and mitigation actions which were taken have accomplished or will accomplish all of the following:
ATCP 93.585(5)(a)1. 1. Restoration of the environment to the extent practical.
ATCP 93.585(5)(a)2. 2. Minimization of the harmful effects from the release to the air, lands or waters of Wisconsin.
ATCP 93.585(5)(b) (b) Any repairs or changes to a tank system that are made because of a release reported under this section shall be reported to the department within 21 business days of completing the repair or change.
ATCP 93.585 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
subch. VI of ch. ATCP 93 Subchapter VI — Dispensing of Motor Fuels
ATCP 93.600 ATCP 93.600Applicability. This subchapter applies to all new and existing motor fuel dispensing facilities, except where specified otherwise.
ATCP 93.600 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.605 ATCP 93.605General fuel dispensing requirements.
ATCP 93.605(1)(1)Standards and inspections.
ATCP 93.605(1)(a) (a) General. Periodic and annual inspections and maintenance shall be conducted in accordance with PEI RP500 and RP900, except that PEI RP 900, Section 6, Daily UST Inspection Checklist items may be performed at least monthly rather than daily.
ATCP 93.605 Note Note: In addition to the PEI RP500 and RP900 maintenance requirements, further criteria on maintaining USTs is available in standard STI R-111, Storage Tank Maintenance, from the Steel Tank Institute, at www.steeltank.com. This standard is applied to USTs under ss. ATCP 93.230 (14) and (15) and addresses topics such as how to keep the fuel clean, the effects of water and contaminants on fuel, how to monitor various types of tanks and fuels, how to clean tanks, and criteria to follow when switching fuels.
ATCP 93.605(1)(b) (b) Electrical continuity. Dispensers for motor fuel that is a Class I or Class II liquid shall be tested for electrical continuity in accordance with PEI RP400 when installing or replacing any hanging hardware assembly or component or when the hose breakaway becomes disconnected.
ATCP 93.605(1)(c) (c) Records. Records shall be maintained for underground tanks in accordance with s. ATCP 93.500 (9), and for aboveground tanks in accordance with s. ATCP 93.400 (11).
ATCP 93.605(1)(d) (d) Nozzles.
ATCP 93.605(1)(d)1.1. Nozzles used for dispensing motor fuel shall be listed and shall be automatic closing.
ATCP 93.605 Note Note: Latch-open nozzles may be prohibited in some of the circumstances addressed by this chapter.
ATCP 93.605(1)(d)2. 2. New and replacement nozzle spouts shall comply with one of the following:
ATCP 93.605(1)(d)2.a. a. Nozzle spouts used for spark-ignition fuels shall have an outside diameter of 0.807 to 0.840 inches.
ATCP 93.605(1)(d)2.b. b. Nozzle spouts used for compression-ignition fuels for passenger cars and light-duty trucks shall have an outside diameter of 0.929 to 0.9375 inches.
ATCP 93.605(1)(d)2.c. c. Nozzle spouts used for compression-ignition fuels for heavy-duty trucks and off-road heavy equipment shall have an outside diameter of either 1.122 to 1.250 inches or 0.929 to 0.9375 inches.
ATCP 93.605(1)(d)3. 3. Changing from one to another of the fuel types in subd. 2. shall include changing the nozzle spout to the size specified in subd. 2. for the new fuel.
ATCP 93.605(1)(e)1.1. Hose used for dispensing motor fuels shall be listed and labeled.
ATCP 93.605 Note Note: Per s. ATCP 93.650, hose used for fueling aircraft must also meet the requirements of EI 1529.
ATCP 93.605(1)(e)2. 2. Where fueling hose is allowed to be longer than 18 feet, the hose shall be reeled or racked unless approved otherwise by the authorized agent or the department.
ATCP 93.605(1)(e)3. 3. All fueling hose shall be protected from damage.
ATCP 93.605(1)(e)4. 4. Hose and fittings used for dispensing motor fuels shall be maintained in a manner where they are not subject to being driven over by vehicle traffic.
ATCP 93.605(1)(e)5. 5. Hose and fittings used for dispensing of flammable and combustible liquids shall be periodically inspected for wear and stress. Hose or fittings that are suspect or have the appearance of wear shall be immediately replaced.
ATCP 93.605(1)(f) (f) Emergency shutoff valve.
ATCP 93.605(1)(f)1.1. All new or replacement dispensing devices for Class I liquids shall be provided with a double-poppet, heat-actuated emergency shutoff valve that will stop the flow of fuel if the dispenser is displaced from its base, or if the fusible link is activated.
ATCP 93.605(1)(f)2. 2. Anytime an emergency shutoff valve is replaced, the valve shall comply with subd. 1.
ATCP 93.605(1)(fm) (fm) Testing. Emergency electrical disconnect shall be tested at least annually. Tests conducted on underground storage tank dispensing systems shall be documented on functionality verification form, TR-WM-139.
ATCP 93.605(1)(g) (g) Water level in tanks.
ATCP 93.605(1)(g)1.1. Water may not exceed the following depths, as measured with water-indicating paste, in any tank utilized in storing the following fuels, except as otherwise approved by the department:
ATCP 93.605(1)(g)1.a. a. Gasoline-alcohol blends, biodiesel, biodiesel blends, and E85 fuel ethanol— 1/4 inch.
ATCP 93.605(1)(g)1.b. b. Aviation gasoline and aviation turbine fuel—one inch.
ATCP 93.605(1)(g)1.c. c. Gasoline, diesel, gasoline-ether, kerosene, and other fuels —2 inches.
ATCP 93.605(1)(g)2. 2. Tanks used to store motor fuels or kerosene shall have the water level checked and recorded at least once per month.
ATCP 93.605(1)(g)3. 3. Anytime the water level exceeds the levels in this paragraph, sale of the fuel shall be stopped. The cause of the water ingress shall be determined and corrected and excess water removed from the tank within 5 days.
ATCP 93.605(1)(g)4. 4. Water levels in tanks at retail facilities subject to the requirements of ch. ATCP 94 shall be maintained in accordance with that chapter.
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 93.610Fuel 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.
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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.