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05/26/98 TUE 10:37 FAX 608 261 7725 DEPT OF COMMERCE ERS (1001 ENVIRONMENTAL&REGULATORY SERVICES DIVISION ` 201 East Washington Avenue P.O.Box 7969 Madison,Wisconsin 53707 NY4sconsin Department of Commerce Tommy G.Thompson,Governor William J.IAcCoshen,Secretary Program Letter Bureau of Storage Tank Regulation Fuel Storage and Dispensing at Construction Sites The Wisconsin Administrative Code Chapter ILHR 10- Flammable and Combustible Liquids is the code which regulates fuel storage and dispensing in Wisconsin. ILHR 10 adopts several National Fire Protection Association (NFPA) standards which apply to the regulation of fuel storage and dispensing. The code treats any portion of a property that is used to store and dispense fuels as a service station. ILHR 10 and NFPA 30A address the requirements for service stations. The scope of NFPA 30A applies to the fueling of vehicles licensed for use on the highway, and refers fueling of off-the-road earth-moving or construction vehicles to NFPA 395-Storage of Flammable and Combustible Liquids on Farms and Isolated Construction Projects. ILHR 10 and NFPA 30 address the technical requirements for storage containers, tanks, cabinets, rooms and buildings referenced in NFPA 30A and 395. This program letter is not intended to present every detail of the storage and dispensing requirements; it is intended to summarize the predominant storage tank system characteristics acceptable by the Department for fuel dispensing at construction sites. The local fire department or the Department of Commerce may require more restrictive safeguards on a site specific application. It must be noted that the Wisconsin Department of Transportation has the regulatory authority for transportation and consequently the technical qualification for vessels used to transport ILHR 10 regulated substances while in the transportation mode. Vessels transporting substances with the FLAMMABLE classification must meets specific DOT specifications, while vessels transporting substances with the COMBUSTIBLE classification do not have to meet specific DOT specifications. The Department of Commerce's scope of authority does not include transportation related issues or fuel dispensing activities that take place on any public right-of-way. Vehicle fuel transfer activities and the associated storage of ILHR 10 regulated substances that take place off the public right-of-way fall within the scope of ILHR 10. The acceptable storage and dispensing system at construction sites is dependent upon the classification of the fuel, the size of the storage tank, and if the vehicles are licensed for highway use. The requirements of the code consider the characteristics of underground and aboveground tanks in relation to fire safety and exposure, potential environmental contamination from tank system leakage, and vapor emission to the atmosphere from internal and external influences. The NFPA 395 standard has historically used the term "rural"or"isolated" in its scope, without definition, relying on the Authority Having Jurisdiction (AHJ)to clarify. NFPA 395 applies to isolated construction sites and the temporary fueling of off-the-mad construction vehicles. The term isolated will have a different meaning to many people. In fire prevention terms, isolated may be a dimension of fire safety established by distance, security, or fire rating. The Department has taken a more practical approach, knowing that restricting the fueling at construction projects to non highway licensed vehicles is difficult to enforce. The Department has characterized the scope of ILHR 10-Part 5 to be farm application and construction sites(projects)temporary in nature. Construction sites include building, road construction, forestry, and excavation projects. Quarries and asphalt or cement batch processing plants that are associated with a specific project are also treated as construction sites. A quarry or asphalt plant furnishing product to multiple projects on an ongoing basis, or a mining project, would not meet the definition of construction project temporary in nature. The department will allow NFPA 395 to be applied to a building construction or environmental remediation project if the project is secured from public access, the tank is not in the primary traffic pattern, and the local fire department finds it acceptable. ERS-10493-E (R.07/96) File Ref:H:\PROGMLTR\CONSTRUC.DOC