Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids
Subchapter VI - Dispensing of Motor Fuels
Section ATCP 93.615 - Fuel dispensing systems using aboveground fixed tanks

Universal Citation: WI Admin Code § ATCP 93.615

Current through August 26, 2024

(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
Protected2	6,001-12,000	15	0	25	15	3
Fire-Resistant3	0-2,000	25	0	25	25	3
Fire-Resistant3	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
Protected2	6,001-12,000	15	0	25	15	3
Fire-Resistant3	0-2,000	25	0	25	25	3
Fire-Resistant3	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

(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.

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.

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