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 07-029: cr. Register November 2008 No. 635, eff. 2-1-09.
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 07-029: cr. Register November 2008 No. 635, eff. 2-1-09.
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.
ATCP 93.605(1)(b) (b) Electrical continuity. At least once each calendar year, dispensers for motor fuel that is a Class I liquid shall be tested for electrical continuity in accordance with PEI RP400.
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)(e)1.1. Hose used for dispensing motor fuels shall be listed and labeled.
ATCP 93.605 Note Note: Per section ATCP 93.650, hose used for fueling aircraft must also meet the requirements of API 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 shut-off 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 shut-off 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 shut-off valve is replaced, the valve shall meet the requirements of subd. 1.
ATCP 93.605(1)(g) (g) Water level in tanks.
ATCP 93.605(1)(g)1.1. 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)2. 2. Anytime the water level exceeds 2 inches, the water shall be removed within 5 days.
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 100oF 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 100oF 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)(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 1 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.
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, paragraph (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 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: (1) (f) and (g) renum. from Comm 10.615 (5) (a) 1., 2. and (6) (b), cr. (1) (f) (title) and (g) (title) Register July 2009 No. 643, eff. 8-1-09; correction in (1) (c), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (c), (4) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
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.
ATCP 93.610(1)(a)1.1. Tank wagons shall be constructed and used in accordance with this subsection.
ATCP 93.610(1)(a)2. 2. Existing tank wagons shall be brought into compliance with the requirements in par. (e) within 5 years after February 1, 2009.
ATCP 93.610 Note Note: In accordance with section ATCP 93.700, tank wagon owners and operators are required to comply with the financial responsibility requirements in subchapter VII.
ATCP 93.610(1)(b) (b) Duration of use. A tank wagon may stay on the customer's premises for a maximum of 24 months.
ATCP 93.610(1)(c) (c) Location and type of use. The use of tank wagons is limited to the fueling of vehicles and equipment in the following operations:
ATCP 93.610(1)(c)1. 1. Landfill and mine, pit and quarry operations.
ATCP 93.610(1)(c)2. 2. Highway or runway construction, including associated material processing sites.
ATCP 93.610(1)(c)3. 3. Construction projects for buildings, structures and utilities.
ATCP 93.610(1)(c)4. 4. Logging and woodcutting operations.
ATCP 93.610(1)(c)5. 5. De-watering operations.
ATCP 93.610(1)(c)6. 6. Farming operations included under the definition of farming.
ATCP 93.610(1)(c)7. 7. Trail grooming.
ATCP 93.610(1)(c)8. 8. Fueling of heating or cooling units on semi-trailers.
ATCP 93.610(1)(d) (d) Limitations on location and type of use.
ATCP 93.610(1)(d)1.1. Tank wagons may not be used for fueling vehicles unless the vehicles are dedicated to the operation of the specific project or facility.
ATCP 93.610(1)(d)2. 2. Tank wagons may not be used for general fueling of fleet vehicles or any retail sales.
ATCP 93.610(1)(e) (e) Specifications for tank wagons. Tank wagons shall be constructed in accordance with all of the following:
ATCP 93.610(1)(e)1. 1. The maximum total capacity of a tank wagon shall be 1,100 gallons.
ATCP 93.610(1)(e)2. 2. The maximum capacity of a tank or individual compartment used to store Class I liquids shall be 330 gallons.
ATCP 93.610(1)(e)3. 3. The tank shall be permanently affixed to the chassis.
ATCP 93.610(1)(e)4. 4. Tanks shall be coated on the exterior to inhibit rust.
ATCP 93.610(1)(e)5. 5. Tank wall thickness and joint configuration shall be in accordance with UL 142.
ATCP 93.610(1)(e)6.a.a. The fill opening for the tank shall be liquid tight, lockable and separate from any other opening.
ATCP 93.610(1)(e)6.b. 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.
ATCP 93.610(1)(e)7. 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:
ATCP 93.610(1)(e)7.a. a. For tanks up to 660 gallons — a 2-inch vent.
ATCP 93.610(1)(e)7.b. b. For tanks of 661 to 900 gallons — a 2.5-inch vent.
ATCP 93.610(1)(e)7.c. c. For tanks of 901 to 1,100 gallons — a 3-inch vent.
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.