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 93.680 - Alternative motor fuels

Universal Citation: WI Admin Code ยง ATCP 93.680

Current through August 26, 2024

(1) APPLICATION.

(a) All storage or dispensing systems for fuel consisting of more than 10 percent ethanol by volume shall comply with subs. (2) to (4) and DOE/GO-102016-4854.

(b) All storage or dispensing systems for fuel consisting of more than 5 percent biodiesel by volume shall comply with subs. (5) to (7) and DOE/GO 102016-4875.

Note: The department and the EPA consider the following parts of a UST system to be critical for demonstrating equipment compatibility under this section:

1. Tank or internal tank lining.

2. Piping.

3. Line leak detector.

4. Flexible connectors.

5. Drop tube. 6. Spill and overfill prevention equipment.

7. Submersible turbine pump and components.

8. Sealants (including pipe dope and thread sealant), fittings, gaskets, o-rings, bushings, couplings, and boots.

9. Containment sumps (including submersible turbine sumps and under dispenser containment).

10. Leak and release detection floats, sensors, and probes. 11. Fill and riser caps. 12. Product shear valve.

(2) MATERIAL COMPATIBILITY FOR ETHANOL BLENDS. Equipment used to store or dispense fuel consisting of more than 10 percent ethanol by volume may not contain or consist of any of the following materials:

(a) Metals. Zinc, lead, aluminum, or alloys containing these metals such as brass or terne.

Note: Terne-plated steel and lead-based solder are commonly used in equipment that handles gasoline. These materials will dissolve when in contact with high concentrations of ethanol.

(b) Natural materials. Cork, leather, or natural rubber.

(c) Polymers. Polyurethane, polyvinyl chloride, polyamides, or methyl-methacrylate plastics.

Note: Materials that have been shown to be generally compatible with high concentrations of ethanol include unplated steel, stainless steel, black iron, bronze, Neoprene rubber, Buna-N, polypropylene, nitrile, Viton, Teflon, thermoset reinforced fiberglass and thermoplastic piping material.

(3) GENERAL REQUIREMENTS FOR ETHANOL BLENDS.

(a) Tank cleaning.
1. If another type of fuel was stored in the tank, the tank shall be cleaned in accordance with API 2015 or another method approved by the department before introducing the ethanol-blended fuel.

Note: See s. ATCP 93.230(15) for related cleaning criteria when changing the type of liquid stored in a tank.

2. All cleaning work shall be performed by a certified tank cleaner unless specifically approved by the department based on an alternate cleaning method.

Note: Most metal storage tanks and pipe are compatible with ethanol. However, some fiberglass storage tank systems manufactured before 1992 might not be compatible with higher levels of ethanol. The tank manufacturer and installation contractor should be consulted for additional information on the reuse of underground storage tanks.

3. Denatured alcohol (commonly known as E98) may not be stored in underground storage tanks due to flammability issues.

(b) Tightness testing. A precision tightness test shall be performed on the tank and piping in accordance with s. ATCP 93.515(4) before placing the tank system back into service.

(c) Equipment requirements.
1. `Approved equipment.' Equipment or components used for storing or dispensing ethanol-blended motor fuel shall be listed or shall be verified by the manufacturer as being compatible with ethanol-blended fuel, except where otherwise approved in writing by the department.

Note: The department and the EPA accept use of the criteria in API 1626, as adopted in s. ATCP 93.200, to demonstrate compatibility for UST systems storing ethanol blends under this section.

2. `Dispenser nozzles and hoses.' Dispensers that are installed on or after February 1, 2009, shall use a separate fueling nozzle and hose for dispensing ethanol-blended motor fuels of more than 10 percent ethanol by volume.

Note: See ch. ATCP 94 for signage requirements for ethanol-blended fuels.

3. `In-line filters.' A 1- or 2-micron in-line filter shall be used for dispensing ethanol-based fuel.

4. `Lined tanks.' Tanks with linings regulated under s. ATCP 93.530 may not be used to store ethanol-blended fuels.

(4) NOTIFICATION PROCEDURES FOR ETHANOL BLENDS.

(b) At least 30 days prior to commencing conversion to an ethanol-blended fuel, a certified installer or professional engineer shall complete part I of the department's alternative fuel installation/conversion application form, TR-WM-132, and submit it to the department as part of the plan review submittal.

Note: Plan review is required in s. ATCP 93.100 for facilities converted to store and dispense ethanol-based fuels.

Note: Within a 1st class city, the provisions in par. (b) may be administered by that city instead of the department, as authorized in ss. ATCP 93.020(8) and 93.110(3) and (4). As of November 1, 2019, only the City of Milwaukee is a 1st class city.

(c) At least 15 days prior to commencing normal fueling operations using ethanol-blended fuel, the operator shall complete part II of the department's alternative fuel installation/conversion application form, TR-WM-126 Alternative Fuels, and provide the completed form to the certified tank system inspector performing the pre-operational inspection.

Note: A map of weights and measures petroleum inspectors can be found at: https://datcp.wi.gov/Pages/Programs_Services/StorageTankContacts.aspx.

Note: See the department's Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

Note: Form TR-WM-126, Alternative Fuels - Storage Tank Alternative Fuel Installation/Conversion Application, 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 https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

(5) MATERIAL COMPATIBILITY FOR BIODIESEL BLENDS. Equipment used to store or dispense fuel consisting of more than 5 percent biodiesel by volume may not contain or consist of any of the following materials:

(a) Metals. Zinc, lead, aluminum, or alloys containing these metals such as brass or terne.

Note: Terne-plated steel and lead-based solder are commonly used in equipment that handles gasoline. These materials will dissolve when in contact with high concentrations of biodiesel.

(b) Natural materials. Cork, leather, or natural rubber.

(c) Polymers. Polyurethane, polyvinyl chloride, polyamides, or methyl-methacrylate plastics.

Note: Materials that have been shown to be generally compatible with high concentrations of biodiesel include unplated steel, stainless steel, black iron, bronze, Neoprene rubber, Buna-N, polypropylene, nitrile, Viton, Teflon, thermoset reinforced fiberglass and thermoplastic piping material.

(6) GENERAL REQUIREMENTS FOR BIODIESEL BLENDS.

(a) Tank cleaning.
1. If another type of fuel was stored in the tank, the tank shall be cleaned in accordance with API 2015 or another method approved by the department, before introducing fuel consisting of more than 5 percent biodiesel by volume.

Note: See s. ATCP 93.230(15) for related cleaning criteria when changing the type of liquid stored in a tank.

2. All cleaning work shall be performed by a certified tank cleaner unless specifically approved by the department based on an alternate cleaning method.

Note: Most metal storage tanks and pipe other than galvanized steel are compatible with biodiesel. However, some fiberglass storage tank systems manufactured before 1995 might not be compatible with higher levels of biodiesel. The tank manufacturer and installation contractor should be consulted for additional information on the reuse of underground storage tanks.

(b) Tightness testing. A precision tightness test shall be performed on the tank and piping in accordance with s. ATCP 93.515(4) before placing the tank system back into service.

(c) Equipment requirements.
1. `Approved equipment.' Equipment or components used for storing or dispensing fuel consisting of more than 5 percent biodiesel by volume shall be listed or shall be verified by the manufacturer as being compatible with the fuel except where otherwise approved in writing by the department.

2. `Dispenser nozzles and hoses.' Dispensers that are installed on or after November 1, 2019, shall use a separate fueling nozzle and hose for dispensing fuel consisting of more than five percent biodiesel by volume.

Note: See ch. ATCP 94 for signage requirements for biodiesel-blended fuels.

3. `Inline filters.' A two- or ten-micron inline filter shall be used for dispensing fuel consisting of more than five percent biodiesel by volume.

4. `Lined tanks.' Tanks with linings regulated under s. ATCP 93.530 may not be used to store fuel consisting of more than five percent biodiesel by volume.

(7) NOTIFICATION PROCEDURES FOR BIODIESEL BLENDS.

(a) At least 30 days prior to commencing conversion to biodiesel blends, a certified installer or professional engineer shall complete part I of the department's alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuels, and submit it to the department as part of the plan review submittal.

Note: Plan review is required in s. ATCP 93.100 for facilities converted to store and dispense fuel consisting of more than five percent biodiesel by volume.

Note: Within a 1st class city, the provisions in par. (b) may be administered by that city instead of the department, as authorized in ss. ATCP 93.020(8) and 93.110(3) and (4). As of November 1, 2019, only the city of Milwaukee is a 1st class city.

(b) At least 15 days prior to commencing normal fueling operations using fuel consisting of more than five percent biodiesel by volume, the operator shall complete part II of the department's alternative fuel installation/conversion application form, TR-WM-132 Alternative Fuels, and provide the completed form to the certified tank system inspector performing the preoperational inspection.

Note: See the department's Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

Form TR-WM-132, Alternative Fuels-Storage Tank Alternative Fuel Installation/Conversion Application, is available from the department's Web site at http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

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