(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.
(b)
Installer
certification. Installation shall be by a certified
installer.
(c)
Setbacks for
public access fueling. The setbacks specified in Table 93.615-A for
public access fueling shall be maintained at all times.
(d)
Setbacks for other
fueling.
1. The setbacks specified
in Table 93.615-B for fleet vehicle fueling shall be maintained at all
times.
2. There is no required
setback between the dispenser and the tank at a farm premises or construction
project in accordance with s.
ATCP 93.630.
(e)
Setback measurement.
1. The setback distances for vaulted tanks
shall be measured from the outer perimeter of the vault.
2. The setback distances for tanks that are
placed in diked areas shall be measured from the inner edge of the dike
wall.
3. The setback distances for
all tanks other than vaulted or diked tanks shall be measured from the
outermost surface of the tank.
Table 93.615-A
Setbacks for Aboveground Tanks Used for Public
Access Vehicle Fueling
|
Type of Tank
|
Individual Tank Capacity
(gal)
|
Setback
from Nearest
Important
Building on
Same Property (ft)
|
Setback
from
Nearest
Dispenser
(ft)
|
Setback from Lot Line That Can be Built
Upon, Including the Far Side of a Public Way (ft)
|
Setback
from
Near Side
of a
Public
Way (ft)
|
Minimum
Distance
between Tanks
(ft)
|
|
Vaulted1
|
0-15,000
|
0
|
0
|
0
|
0
|
Separate compartment for each tank
|
|
Protected2
|
0-6,000
|
5
|
0
|
15
|
5
|
3
|
|
6,001-12,000
|
15
|
0
|
25
|
15
|
3
|
|
Fire-Resistant3
|
0-2,000
|
25
|
0
|
25
|
25
|
3
|
|
2,001-12,000
|
25
|
0
|
50
|
25
|
3
|
| I
Other code-complying tank
|
= 12,000 for Class I
= 20,000 for Class II or III
|
25
|
0
|
50
|
25
|
3
|
1 A vaulted tank is one placed
in a liquid-tight concrete enclosure consisting of 4 walls, a top and a bottom
that completely encloses the tank and provides protection from physical damage
and limits heat transfer from a high intensity liquid pool fire.
2 A protected tank is a listed
and labeled system that consists of a primary tank along with integral
secondary containment which provides protection from physical damage and limits
heat transfer from a high intensity liquid pool fire. Systems listed as
complying with UL 2085 or an equivalent standard are considered protected
tanks.
3 A fire-resistant tank is a
listed and labeled primary tank with or without integral secondary containment
that provides protection from heat transfer from a high intensity liquid pool
fire. Systems listed as complying with UL 2080 or an equivalent standard are
considered fire-resistant tanks.
Table 93.615-B
Setbacks for Aboveground Tanks Used for Fleet
Vehicle Fueling Only
|
Type of Tank
|
Individual Tank Capacity
(gal)
|
Setback from Nearest Important Building on
Same Property (ft)
|
Setback from Nearest Dispenser
(ft)
|
Setback From Lot Line That Can be Built
Upon, Including the Far Side of a Public Way (ft)
|
Setback from near Sideof a PublicWay
(ft)
|
Minimum Distance between Tanks
(ft)
|
|
Vaulted1
|
0-15,000
|
0
|
0
|
0
|
0
|
Separate compartment for each tank
|
|
Protected2
|
0-6,000
|
5
|
0
|
15
|
5
|
3
|
|
6,001-12,000
|
15
|
0
|
25
|
15
|
3
|
|
Fire-Resistant3
|
0-2,000
|
25
|
0
|
25
|
25
|
3
|
|
2,001-12,000
|
25
|
0
|
50
|
25
|
3
|
|
Other code-complying tank
|
=12,000 for Class I
=20,000 for Class II or III
|
25
|
0
|
50
|
25
|
3
|
1 A vaulted tank is one placed
in a liquid-tight concrete enclosure consisting of 4 walls, a top and a bottom
that completely encloses the tank and provides protection from physical damage
and limits heat transfer from a high intensity liquid pool fire.
2 A protected tank is a listed
and labeled system that consists of a primary tank along with integral
secondary containment which provides protection from physical damage and limits
heat transfer from a high intensity liquid pool fire. Systems listed as
complying with UL 2085 or an equivalent standard are considered protected
tanks.
3 A fire-resistant tank is a
listed and labeled primary tank with or without integral secondary containment
that provides protection from heat transfer from a high intensity liquid pool
fire. Systems listed as complying with UL 2080 or an equivalent standard are
considered fire-resistant tanks.
(f)
Secondary containment.
1. Diking or a similar system shall be used
to provide secondary containment for aboveground tanks in accordance with NFPA
30 section 22.11.1 or 22.11.2. and s.
ATCP 93.420.
2.
a. When any underground piping is installed
as part of a new tank system or when 50 percent or more of a run is replaced,
the piping shall be provided with approved secondary containment with approved
leak detection.
b. The material
used for both the primary and secondary containment shall be liquid- and
vapor-tight.
(g)
Collision protection.
Aboveground motor fuel tanks shall be protected from vehicle impact in
accordance with s.
ATCP 93.430.
(h)
Aboveground piping.
1. Aboveground piping may not rest directly
on grade.
2. All aboveground piping
shall be of steel and be coated or otherwise protected to inhibit
corrosion.
3. Piping shall be
supported against impact, vibration, expansion, and contraction.
4. Collision protection shall be provided on
all sides of aboveground piping not protected by a structure, building or dike
wall.
5. Collision protection shall
meet the performance requirements in s.
ATCP 93.430.
(i)
Underground piping. Any
underground piping shall comply with the leak detection requirements for
pressurized piping specified in s.
ATCP 93.510(4).
(j)
Check valves. A check
valve shall be installed in the piping at a point where connection and
disconnection is made for tank vehicle unloading. The valve shall be protected
from tampering.
(k)
Vents
and fill opening.
1. Fill and vent
openings shall be separate.
2.
Tanks shall be provided with bottom loading or a fill pipe that terminates
within 6 inches of the bottom of the tank.
3. All fill pipes for aboveground fueling
tanks shall be locked and shall be labeled and color coded as specified in s.
ATCP 93.230(12).
(l)
Spill prevention. Spill
control shall be provided in accordance with s.
ATCP 93.410.
(m)
Overfill prevention.
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.
Notes
Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection
ATCP 93.615
CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09; correction in (5) (n) 2. made
under s.
13.92(4) (b) 7, Stats., Register November 2008 No.
635; CR 09-017: am. (1), renum. (5) (a) 1., 2., and (6) (b) to be Comm 10.605
(1) (f) and (g), renum (5) (b) to (p) and (6) (c) to be (5) (a) to (o) and (6)
(b), r. (5) (a) (title) and 3. to 6. Register July 2009 No. 643, eff. 8-1-09;
correction in (1), (3) (b) 2., 5., 6., (5) (c), (d) 1., 2., (f) 1., (g), (h)
5., (i), (k) 3., (L), (n) 2., (6) (b), (7) (d), (f) made under s.
13.92(4) (b) 7, Stats., Register December 2011 No.
672; corrections in (1), (3) (b) 2., 5., 6., (5) (c), (d) 1., 2., (f) 1., (g),
(h) 5., (i), (k) 3., (L), (n) 2., (6) (b) made under s.
13.92(4) (b) 7, Stats., Register October 2013 No.
694.
Adopted
by, 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, eff.
11/1/2019
