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05/26/98 TUE 10:37 FAX 608 261 7725 DEPT OF COMMERCE ERS !]002 NFPA 395 limits the size of the aboveground storage tank(AST) to 1,100 gallons capacity and the tank setback to no closer than 40 ft. from any building. NFPA 395 waives spill control, secondary containment, and overfill protection. (Refer to diagrams#1 and#2.) If the construction site is utilizing an aboveground tank larger than 1,100 gallons or places the tank within 40 ft. of any building, the vehicle fueling requirements of ILHR 10-Part 4 and NFPA 30 apply, which includes more restrictive tank and dispensing system design safeguards than NFPA 395. (Refer to diagram#3.) Aboveground tanks 1,100 gallon and less capacity located at temporary construction sites are not required to have pre-installation plan review or be registered. However, they are required to be code complying and notification is required to be provided to the local fire department and Department of Commerce Local Program Operator(LPO). Any AST at a construction site not classified as temporary in nature, and ASTs larger than 1,100 gallon capacity at temporary construction sites must have pre- installation plan review and be registered with the Department. UST/AST Inspectors have the authority to "Red-tag" non complying tanks, which will place the tank out of service until correction is made. All Underground storage tanks (USTs) must have pre-installation plan review and be registered with the Department. The fueling of vehicles directly from a tank vehicle(tank wagon, bulk transport trailer, bulk truck, etc.) continues to be misunderstood and fueling practices from delivery vehicles are frequently non compliant with the code. NFPA 30A-8-3.3(1987 Edition)and NFPA 30A-9-3.3 (1996 Edition) do not restrict the fueling of vehicles from mobile tanks provided the conditions of 8-3.4 and 9-3.4, respectively, are complied with. The language is intended to restrict direct vehicle fueling to bulk delivery trucks that are driven on to the property, transfer fuel to the vehicle(s), and driven off site at the conclusion of the fuel transfer. The Department has responded to several inquiries and situations involving bulk delivery vehicles parked at a construction site for a period of time and used as stationary fueling. NFPA has rendered a formal interpretation that mobile tanks parked for days, weeks, or months before being shipped or moved must be provided with the drainage, impounding and separation distances of NFPA 30. This interpretation however, does not allow vehicles, highway licensed or off-road non licensed vehicles, to be fueled from a bulk mobile tank detached from its power unit. A fuel vendor or contractor can not use a bulk delivery truck or trailer as a stationary storage tank by parking the vehicle and making bulk fuel deliveries to the parked vehicle for dispensing into drive-up vehicles. A fuel vendor or contractor can not utilize a bulk transport by dropping the trailer with fuel at a site, allowing drive-up fuel dispensing, picking the trailer up when empty, transporting trailer to refill, and dropping the trailer back at the site to continue the cycle. Dispensing of Class I or Class II liquids from a tank vehicle to a motor vehicle located at construction, commercial, industrial, governmental, or manufacturing establishments and intended for fueling vehicles used in connection with their business shall be permitted provided: a) An inspection of the premises and operations has been made and approval granted (in writing) by the local fire department(AHJ). b) The tank vehicle complies with the requirements covered in NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids. c) The dispensing hose does not exceed 50 ft. in length. d) The dispensing nozzle is a listed automatic-closing type without a latch-open device. e) Nighttime deliveries shall be only made in adequately lighted areas. f) The tank vehicle flasher light shall be in operation while dispensing. g) Fuel expansion space shall be left in each fuel tank to prevent overflow in the event of temperature increase. May 21,1997