LRB-3382/1
MCP:skw
2023 - 2024 LEGISLATURE
December 8, 2023 - Introduced by Senators James, Cowles and L. Johnson,
cosponsored by Representatives Summerfield, Shankland, C. Anderson,
Conley, Ortiz-Velez and Palmeri. Referred to Committee on Labor,
Regulatory Reform, Veterans and Military Affairs.
SB746,1,8 1An Act to renumber and amend 168.21 (1), 168.22 (3) and 168.28 (1) (a); to
2amend
168.125, 168.21 (4), 168.21 (5), 168.22 (title), 168.22 (1), 168.22 (2),
3168.22 (4) (intro.), 168.23 (1), 168.23 (2), 168.23 (3), 168.23 (4), 168.23 (5) (a),
4168.23 (5) (b), 168.28 (title), 168.28 (1) (b) and 168.28 (2); and to create 168.06
5(4), 168.21 (1g), 168.21 (2m), 168.21 (5d), (5h), (5p) and (5t), 168.21 (6m), 168.22
6(3) (a), (b), (c) and (d), 168.22 (6), 168.23 (1g), 168.25 (1m), 168.255, 168.28 (1)
7(a) 2. and 168.28 (1) (a) 3. of the statutes; relating to: petroleum products,
8storage of dangerous substances, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes changes involving the Department of Agriculture, Trade and
Consumer Protection's regulation of petroleum products and the storage of
dangerous substances. Under current law, DATCP regulates and promulgates rules
addressing the installation, maintenance, and abandonment of storage tanks that
contain flammable or combustible liquids or federally regulated hazardous
substances. Current law also authorizes DATCP to make inspections and conduct
investigations involving petroleum products.
The bill does the following involving petroleum products and storage of
dangerous substances:

1. Changes the definition of “combustible liquid,” thereby changing which
substances are subject to DATCP regulation. Current law defines “combustible
liquid” as a liquid having a flash point at or above 100 degrees Fahrenheit and below
200 degrees Fahrenheit. Under the bill, “combustible liquid” is defined as a liquid
having a flash point at or above 100 degrees Fahrenheit and below 200 degrees
Fahrenheit when stored in a tank that is installed above ground level or, for liquids
stored in an underground storage tank, having a flash point at or above 100 degrees
Fahrenheit.
2. Changes a current law exemption for certain aboveground storage tanks
from regulation by DATCP. Current law exempts aboveground storage tanks that
have a capacity of less than 5,000 gallons from regulation by DATCP. The bill
provides, instead, that an aboveground storage tank that is used to contain a liquid
that is flammable or combustible or that is a hazardous substance is exempt from
regulation by DATCP if 1) it has a capacity of less than 110 gallons; 2) it has a capacity
of less that 1,100 gallons and is installed at a fleet vehicle motor fuel dispensing
facility or is used to store certain types of liquids; 3) is a portable tank; or 4) is an
asphalt plant tank.
3. Requires DATCP to maintain an inventory of storage tanks used to contain
regulated products. The bill requires the inventory to include every aboveground
storage tank with a capacity of at least 110 gallons and every underground storage
tank with a capacity of at least 60 gallons. The bill defines a “regulated product” as
a liquid that is a substance derived from petroleum, natural gas, or asphalt deposits
or a liquid that is a federally regulated hazardous substance or regulated by certain
other federal regulations. Current law requires DATCP to maintain an inventory of
every aboveground and underground storage tank that is used to contain a
petroleum product and that has a capacity of at least 60 gallons.
4. Authorizes DATCP to promulgate rules to require the certification or
registration of persons who design, install, test, or maintain corrosion prevention
systems on storage tanks used to contain flammable or combustible liquids or
hazardous substances.
5. Authorizes DATCP to establish fees by rule for fuel quality inspections and
investigations.
6. Requires the Department of Justice or proper district attorney, upon
DATCP's request, to prosecute actions to enforce the storage tank statutes and rules.
7. Authorizes DATCP to promulgate fire safety rules for the storage and
handling of flammable or combustible liquids or hazardous substances.
8. Authorizes DATCP to contract with persons for services to administer or
implement storage tank requirements.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB746,1
1Section 1. 168.06 (4) of the statutes is created to read:
SB746,3,42 168.06 (4) The department may by rule set fees for department costs incurred
3in performing miscellaneous fuel quality inspections or investigations authorized
4under this subchapter.
SB746,2 5Section 2. 168.125 of the statutes is amended to read:
SB746,3,10 6168.125 Reports; payment. Persons who are liable for the fee under this
7subchapter
s. 168.12 shall state the number of gallons of petroleum products on
8which the fee is due and the amount of their liability for the fee in the reports under
9s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under
10s. 78.12 (5) apply to the fee under this subchapter s. 168.12.
SB746,3 11Section 3. 168.21 (1) of the statutes is renumbered 168.21 (1r) and amended
12to read:
SB746,3,1713 168.21 (1r) “Combustible liquid" means a liquid having a flash point at or above
14100 degrees fahrenheit Fahrenheit and below 200 degrees fahrenheit Fahrenheit
15when stored in a tank that is installed above ground level or a liquid having a flash
16point at or above 100 degrees Fahrenheit when stored in an underground storage
17tank
.
SB746,4 18Section 4. 168.21 (1g) of the statutes is created to read:
SB746,3,2119 168.21 (1g) “Asphalt plant tank" means a tank that is used as a burner tank
20or a material supply tank in the process of producing asphalt if all of the following
21apply:
SB746,3,2522 (a) The products stored in the tank are asphalt cements or Class II or Class III
23liquids as defined under national fire protection association standard NFPA 30,
24including heating oil, used oil, or a number 4 or number 5 heavy oil that conforms
25with ASTM International specifications.
SB746,4,2
1(b) The tank configuration is single-walled or double-walled, regardless of
2whether the configuration includes heating coils.
SB746,4,73 (c) The tank and related asphalt process equipment are located on a property
4for no more than 24 consecutive months, regardless of whether the property is owned
5by the tank owner and regardless of whether the tank owner or other persons
6undertake commercial or industrial activities on the property in addition to the
7production of asphalt, including the operation of a quarry.
SB746,5 8Section 5. 168.21 (2m) of the statutes is created to read:
SB746,4,109 168.21 (2m) “Farm tank” means an aboveground tank system installed on a
10farm premises, as defined in s. 102.04 (3), that is less than 5,000 gallons in capacity.
SB746,6 11Section 6. 168.21 (4) of the statutes is amended to read:
SB746,4,1312 168.21 (4) “Flammable liquid" means a liquid having a flash point below 100
13degrees fahrenheit Fahrenheit.
SB746,7 14Section 7 . 168.21 (5) of the statutes is amended to read:
SB746,4,1815 168.21 (5) “Flash point" means the minimum temperature at which a
16flammable liquid or combustible liquid will give off sufficient flammable vapors to
17form an ignitable mixture with air near the surface of the liquid or within the vessel
18which contains the liquid.
SB746,8 19Section 8. 168.21 (5d), (5h), (5p) and (5t) of the statutes are created to read:
SB746,4,2420 168.21 (5d) “Fleet vehicle motor fuel dispensing facility” means a motor fuel
21dispensing facility at a commercial, industrial, governmental, or manufacturing
22property where motor fuels are dispensed into the fuel tanks of motor vehicles that
23are used in connection with the business or operation of that property by persons
24employed by or contracted with the business or operation.
SB746,5,4
1(5h) “Intermediate bulk container” means a container that is manufactured
2and marked in accordance with 49 CFR part 178, is intended for the storage of
3regulated substances within warehouses and other storage areas with automatic
4wet-pipe sprinkler systems, and has a liquid capacity of 793 gallons or less.
SB746,5,8 5(5p) “Motor fuel dispensing facility” means a property or portion of a property
6where motor fuels are stored and dispensed from fixed equipment into the fuel tanks
7of motor vehicles or into approved containers, including all equipment used in
8connection with such storing and dispensing.
SB746,5,13 9(5t) “Portable tank” means an aboveground closed vessel that is equipped with
10skids, mountings, or accessories to facilitate handling of the tank by mechanical
11means, that is not intended for use as a fixed installation, and that is located on a
12property for not more than 24 consecutive months. “Portable tank” includes all of the
13following:
SB746,5,1414 (a) An intermediate bulk container.
SB746,5,1715 (b) A tank from which motor fuels are dispensed into the fuel tanks of motor
16vehicles that are used in connection with the business or operation of the tank owner
17by persons employed by or contracted with the business or operation.
SB746,9 18Section 9. 168.21 (6m) of the statutes is created to read:
SB746,5,2019 168.21 (6m) “Tank system” means a tank and its associated piping and
20equipment.
SB746,10 21Section 10. 168.22 (title) of the statutes is amended to read:
SB746,5,22 22168.22 (title) Storage tanks tank systems.
SB746,11 23Section 11. 168.22 (1) of the statutes is amended to read:
SB746,6,324 168.22 (1) Except as provided under subs. (2) to (5) (6), every person who
25constructs, owns, or controls a tank system for the storage, handling, or use of liquid

1that is
a flammable or liquid, combustible liquid, or liquid that is a federally
2regulated hazardous substance shall comply with the standards adopted under s.
3168.23.
SB746,12 4Section 12. 168.22 (2) of the statutes is amended to read:
SB746,6,65 168.22 (2) This subchapter does not apply to storage tanks which tank systems
6that
require a hazardous waste license under s. 291.25.
SB746,13 7Section 13. 168.22 (3) of the statutes is renumbered 168.22 (3) (intro.) and
8amended to read:
SB746,6,119 168.22 (3) (intro.) This subchapter does not apply to storage tanks which tank
10systems that
are installed above ground level and which are less than 5,000 gallons
11in capacity.
that meet any of the following conditions:
SB746,14 12Section 14. 168.22 (3) (a), (b), (c) and (d) of the statutes are created to read:
SB746,6,1313 168.22 (3) (a) The tank system is less than 110 gallons in capacity.
SB746,6,1714 (b) The tank system is less than 1,100 gallons in capacity and is installed at a
15fleet vehicle motor fuel dispensing facility or is used to store a product that is a Class
16IIIB liquid as defined under national fire protection association standards NFPA 30
17or 30A.
SB746,6,1818 (c) The tank system is a portable tank.
SB746,6,1919 (d) The tank system is an asphalt plant tank.
SB746,15 20Section 15. 168.22 (4) (intro.) of the statutes is amended to read:
SB746,6,2421 168.22 (4) (intro.) Any rules promulgated under s. 168.23 requiring an owner
22to test the ability of a storage tank, connected piping or ancillary equipment system
23to prevent an inadvertent release of a stored substance liquid do not apply to storage
24tanks tank systems that satisfy all of the following:
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