STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
PROPOSED ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING RULES
(CLEARINGHOUSE RULE )
The department is petitioning the Joint Committee for Review of Administrative Rules to repeal rules the department has determined to
be unauthorized rules using the process under s. 227.26 (4), Stats. PROPOSED ORDER
An order of the department to repeal SPS 305.01 Note (3); SPS Table 305.02 lines 53, 54, 55, 56, 57, 58, 59, 60, and 61; SPS Table 305.06 lines 42, 48, 49, 50, 51, 52, 53, 54, 54g, and 54r; SPS 305.68; SPS 305.68 Note; SPS 305.82; SPS 305.82 Note; SPS 305.83; SPS 305.83 Note; SPS 305.84; SPS 305.84 Note; SPS 305.85; SPS 305.85 Note; SPS 305.86; SPS 305.86 Note; SPS 305.87; SPS 305.87 Note; SPS 305.88; SPS 305.88 Note; SPS 305.89; and SPS 305.89 Note.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
2013 Wisconsin Act 20, section 9138 (3) (fm), states that, “all rules promulgated … by the department of safety and professional services, that … relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., and that are in effect on the effective date of this paragraph shall remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.” 2013 Wisconsin Act 20, section 9138 (4) (f), states that, “all rules promulgated … by the department of safety and professional services, that … relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., and that are in effect on the effective date of this paragraph shall remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.” Section 168.16 (4), Stats., states that “the department may promulgate reasonable rules relating to the administration and enforcement of this chapter.” Section 227.11 (2) (a), Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Related statute or rule:
Rules Clearinghouse No. 17-092, Proposed Order of the Wisconsin Department of Agriculture, Trade and Consumer Protection to repeal and recreate ch ATCP 93, relating to flammable, combustible, and hazardous liquids in Wisconsin.
Plain language analysis:
Section 1 repeals a note directing users to DATCP for applications and forms related to petroleum hazardous storage tanks.
Section 2 repeals the fee schedule related to credentialing authority that is no longer vested with DSPS and now is with DATCP.
Section 3 repeals the term schedule related to credentialing authority that is no longer vested with DSPS and now is with DATCP.
Section 4 repeals the sections of chapter 305, subchs. VI and VIII, and corresponding Notes which define the credentialing requirements for Storage Tank credential holders that are no longer vested with DSPS and now is with DATCP.
Agency contact person:
