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Wisconsin's Small Business Environmental Assistance Program (SBEAP) has a variety of tools and resources to help owners and operators of gasoline dispensing facilities understand the environmental regulations affecting their sector.

Gasoline vapors contain volatile organic compounds (VOCs) and several hazardous air pollutants (HAPs), such as benzene. Filling gasoline storage tanks can release these compounds to the air. Benzene, for example, is among the 30 hazardous air pollutants (HAPs) identified as posing the greatest public health risk in urban areas. Exposure to benzene can cause drowsiness, dizziness and even unconsciousness. Long term exposure to benzene can cause anemia and leukemia.

Leak detection and vapor control are among the methods that gasoline dispensing facilities use to reduce the emissions of HAPs like benzene into the air.

One of the SBEAP's most popular tools, the Compliance Calendar for Gasoline Dispensing Facilities is published every other year to provide you the most up-to-date information available. If you have any questions on the information below, or to request a hard copy of the calendar, see the contact information on the right side of the page.

Air regulations

  • Federal hazardous air pollutant rules
  • Wisconsin's hazardous pollutants rule - Ch. NR 445, Wis. Adm. Code
    • Wisconsin HAPs Rule Requirements for Gasoline Dispensing Facilities (AM-524)
    • NR 445 Compliance Notification - Gasoline Dispensing Facilities example form — available for companies dispensing over 2 million gallons of gasoline per year who want to certify staying below 11.6 million gallons per year to demonstrate compliance with the rule.
    • Facilities that expect to exceed 11.6 million gallons per year should contact the DNR for approval to install additional controls. Currently, installation of CARB certified OPW Model 14E dripless nozzles with ECO technology on all gasoline dispensers can allow operation up to 16.2 million gallons per year. Each station must receive DNR approval. Use the staff directory and search for "air toxics" in the subject box and contact one of the listed staff to learn where to submit the request for approval.
  • Wisconsin's air emissions inventory – Ch. NR 438, Wis. Adm. Code
    • Facilities with emissions above the thresholds in the rule must report to the DNR by March 1 the total emissions for the previous calendar year for each air pollutant above a threshold. Gas stations with fuel throughput over 3.99 million gallons per year will be above the reporting threshold for volatile organic compounds and should complete a report. Refer to the Air Emissions webpage for information on how to gain access to the electronic reporting system and to file the report.
  • Stage 1 Vapor Recovery — State regulations require gasoline tank trucks in Wisconsin to have vapor collection equipment if the trucks load from or deliver to gasoline storage tanks equipped with Stage 1 vapor recovery systems. Review a summary of state rule on Stage 1 Vapor Recover (SB-201g). These trucks must annually test their vapor collection equipment to verify vapor tightness and report those results to DNR to obtain the tank truck's certification sticker. For more information on these testing requirements, refer to:

Spill Reporting Requirements and Procedures

Some aspects of spill response, especially spill reporting, are governed by requirements in other state and federal regulations.

When must a spill be reported?

All spills need to be cleaned up. Many spills need to be reported to the DNR. Wisconsin statutes do allow de minimis exemptions for small quantity spills that meet certain criteria. Both the characteristics of the spill and amount of spilled substances are considered when determining reporting requirements.

The de minimis exemption for petroleum compounds applies only when the discharged substance meets all of the following criteria:

  • has evaporated or been cleaned up in accordance with state law;
  • does not adversely impact or threaten to adversely impact the air, lands and waters of the state as a single discharge or when accumulated with past discharges;
  • does not cause or threaten to cause chronic/acute human health impacts; and
  • does not present or threaten to present a fire, explosion or other safety hazard.

Petroleum discharges do not require notifying DNR if the spill meets the de minimis conditions above and the quantity spilled is:

  • gasoline or another petroleum product that is completely contained on an impervious surface;
  • less than one gallon of gasoline onto a pervious surface or running off an impervious surface; or
  • less than five gallons of other petroleum products onto a pervious surface or running off an impervious surface.

Any spill with quantities less than the amounts mentioned above and that meets the de minimis conditions is exempt from requirements to report to the DNR. However, the Dept. of Agriculture, Trade and Consumer Protection’s petroleum system inspectors can still report spills if they see staining under dispensers because the spill has not been cleaned up, so it is important to have good housekeeping and spill prevention measures in place.

If a spill is not exempt, report the spill to Wisconsin's Emergency Hotline at 800-943-0003. This is a 24 hour per day, 7 day per week phone number. The owner and operator are responsible for reporting.

Penalties exist for failing to provide notice of reportable spills. Therefore, if in doubt about the quantity spilled, reporting is recommended. For more information about spills, visit the DNR's website (search "spills").

Waste regulations

Water regulations

  • If your station includes a car wash:
    • Car rinse or wash water, NOT going to a holding tank and/or sewer/treatment plant? You need coverage under the DNR's Low-Impact Discharge general permit or potentially an individual wastewater permit.
    • Complete the eligibility questionnaire to determine if coverage under the general permit is appropriate.
    • Review the fact sheet that summarizes the requirements in the permit.
    • Other materials, including links to the Notice of Intent form and Best Management Practice plan, are available on the General Permits webpage.

Wisconsin's regulations for flammable, combustible and hazardous liquids (ATCP 93) affect businesses that sell gasoline or other liquid motor fuels. Review the summary of ATCP 93 (SB-201i). Most gas stations with gasoline storage tanks are affected by this rule.

Why must gas stations inspect storage tanks and equipment?

Properly installed and maintained underground storage system equipment is durable and reliable. However, daily wear and tear; exposure to corrosive effects of soil, water and stored product; and seasonal extremes of heat and cold can degrade or damage storage system components and cause product releases or equipment failure. The purpose of inspections is to identify any noticeable deterioration or apparent malfunction in the portion of the equipment visible beneath grade-level access covers located over or near the top of the underground storage tank and at the fuel dispensers.

Required regular inspections help protect the public, facility employees and the environment from the hazards posed by the release of flammable or combustible liquids and exposure to toxic motor fuels. Facilities can also save money by identifying and repairing leaks of stored fuel.

Leak detection can help businesses in numerous ways. Among other things, leak detection can:

  • reduce or eliminate loss of product (from theft or leaks)
  • reduce fire and explosion threats
  • reduce and/or eliminate contamination of soil, groundwater, streams, rivers, lakes and drinking water
  • reduce liability

Is additional spill reporting required beyond DNR?

Certain spills trigger the federal Emergency Release Notification requirements in section 304 of the Emergency Planning and Community Right-to-Know Act. The U.S. Department of Energy's Office of Health, Safety & Security has an online Reportable Quantities (RQ) Calculator at http://energy.gov/ehss/reportable-quantity-calculator to check reportable quantities and evaluate whether a release must be reported to the National Response Center.

Who is the contact if additional reporting is required?

To report a spill that exceeds reportable quantities of a federally listed hazardous substance(s), make the following three telephone calls:

  • Wisconsin Emergency Hotline, 800-943-0003
  • National Response Center, 800-424-8802
  • Local Emergency Planning Committee (LEPC) at the county's Emergency Management Office (each county in Wisconsin has one)

Regular unleaded gasoline contains 10% ethanol, while E15 gasoline contains 15% ethanol. For more information on E15 fuel, refer to the Fuel Quality Fact Sheets on the Department of Agriculture, Trade and Consumer Protection's website.

Other fuel-related requirements may be found on Vehicles - Mobile sources.

Wisconsin DNR

  • Staff contacts: contact the staff member listed on the Air Management Program's Vehicles - mobile sources web page (visit the DNR home page and search "mobile sources"). For questions about NR 445, search "air toxics" to find a staff member listed on the page.
  • Employee training: for DNR approved employee training, visit the Wisconsin Fuel & Retail Association (WFRA) (formerly the Wisconsin Petroleum Marketers) or phone 608-256-7555.

Wisconsin Department of Agriculture, Trade & Consumer Protection

  • Weights & Measures Bureau: visit DATCP and search "weights & measures."
  • Hazardous Liquids Storage Tanks web page: visit DATCP and search "storage tanks."
  • Staff contacts in the Weights & Measures Storage Tank program: view the map online.
  • Forms: see the "storage tank forms" link on the Storage Tanks web page for forms related to tank registration, installation, inspection, maintenance, Stage II decommissioning, operator training and other topics (or visit DATCP and search "storage tank forms").
  • Operator training: visit DATCP and search "operator training".
  • Inspection and maintenance procedures: publications detailing recommended practices for storage tanks (RP 900) and fuel dispensing equipment (RP 500) are available from the Petroleum Equipment Institute.

Wisconsin Department of Revenue

Wisconsin Administrative Code

  • Wisconsin Legislative Documents website: refer to the Administrative Rules section at the website to obtain official copies of the state rules referenced on this webpage.

U.S. Environmental Protection Agency

Additional Resources

Additional resources