Rule Content
General
The proposed rule repeals and recreates ATCP 93, thereby updating an administrative rule that has not been significantly updated since 2008.2 The content of the rule reflects input from various sources, including: Recommendations made by the Department of Safety and Professional Services prior to the program’s relocation to DATCP; feedback provided by stakeholders and businesses regulated under ATCP 93; and agency concerns about the responsibilities of Class A, B, and C operators.
2Although no substantive changes to the rule have been made since the 2008 update, DATCP has periodically effected numerous minor revisions to rule language pertaining to forms and hyperlinks over the years.
The substance of the changes to ATCP 93 fall into six broad categories:
- Harmonizing the rule with current federal standards, especially those set out by the Environmental Protection Agency;
- Addressing the necessary changes arising from the inter-departmental transfer of the storage tank program from DSPS to DATCP;
- Updating technical standards incorporated by reference;
- Eliminating provisions that are no longer in effect as well as unnecessary explanatory notes;
- Modifying outdated terminology; and
- Clarifying ambiguous language.
Additional changes include the correction of typographical errors, form number changes, name changes to certain documents, and changed information concerning the availability of documents (hyperlinks or through Document Sales).
DSPS Recommendations
DSPS recommended 232 changes of varying nature in the working draft of the rule that was sent to DATCP during the program transfer. Some of the suggested changes were substantive (compliance with new recommendations), and some were more cosmetic (elimination of unnecessary words). Occasionally, a DSPS recommendation may have been modified slightly. For instance, the new rule alters a DSPS recommendation on water levels in ATCP 93.605.
DSPS recommended changes to particular phrases throughout the rule. Where appropriate, the words “storage tanks,” were changed to “storage tank systems” in order to be more accurate. DSPS recommended the deletion of the words, “the requirements in,” wherever they appear throughout the rule. Other word changes were accepted to make the rule more succinct.
DSPS recommended an expansion of the general requirements in ATCP 93.230. In subs. (9) and (10), the safety standards increased for property and system maintenance. The new rule changes the title of sub. (13) from Deactivation of Vapor Recovery to Disconnecting and Discontinuing Vapor Recovery while creating subs. (14) and (15), Removing Water and Other Contaminants from Storage Tanks and Preparing Tanks for Changes in Fuel Type.
DSPS recommended the creation of ATCP 93.335, dealing with the manufacture of organic coatings, and the repeal of ATCP 93.020 (6) (d) 3. to coincide with the change.
DSPS suggested numerous changes to subchapter IV (General AST Storage) that have been incorporated. These changes affect: Secondary containment for piping, installation of piping, maintenance and repairs of tanks and other system components, and spill and overfill prevention.
In subchapter V (General UST Storage and Piping), DATCP accepted numerous DSPS suggestions addressing: Electronic interstitial monitoring, secondary containment, flexible connections, tanks, piping, repairs, inspection and maintenance, record keeping, and spill and overfill prevention. Most especially, in subchapter V, DSPS recommended that ATCP 93.535 (Periodic Inspection and Repair of Lined Tanks) be rewritten to eliminate an outdated table, to incorporate new accepted industry standards, and to renumber and reorganize to increase understanding.
Other DSPS recommendations adopted by DATCP relate to:
- Water level in tanks - ATCP 93.605 (1) (g).
- Irrigation operations - ATCP 93.630 (2) (d).
- Biodiesel blends - ATCP 93.680 (5) to (7).
- Financial responsibility - Subchapter VII.
Changes Dictated by New EPA Standards
Two notes in Wis. Admin. Code § ATCP 93.180 required revision to reflect new requirements and new penalties imposed by the Federal government. EPA released new standards for airport fueling in 2015. For that reason, ATCP 93.517 has been renamed “Airport Hydrant System Requirements” from “Airport Hydrant Leak Detection Requirements” and has been revised to meet the new testing requirements and standards established by the EPA. To implement the new definitions required by these EPA changes, DATCP also repealed ATCP 93.050 (56) to create ATCP 93.050 (4m) in its place.
EPA issued new guidelines on installation of underground piping that is now reflected in ATCP 93.500 (6).
EPA also released new standards for statistical inventory reconciliation as part of its 2015 changes. For that reason, ATCP 93.515 (6) needed to match the new federal requirements. DATCP also took the opportunity to increase the data accuracy and incorporate DSPS suggestions during the ATCP 93.515 (6) rewrite.
New standards in regard to ethanol blends required 30-day provisions to be added to ATCP 93.680 (4). The same provisions altered the DSPS recommendation for ATCP 93.680 (7).
Reorganizational Changes
In ATCP 93.010, DATCP removed notes that simply quoted existing statute and were therefore not necessary.
Previously, the fee structure for the program resided in SPS 302 (Fee Schedule). In order to create a fee structure in DATCP rules, ATCP Table 93.1605 was added. However, references to SPS 302 that remained in ATCP 93 will be eliminated in the new rule. Since fees are addressed elsewhere in the proposed new rule, ATCP 93.160 will be repealed. Slight modifications to ATCP 93.1605 were made to address retesting.
SPS 302.51 included a table that described material review fees. This table transferred to ATCP 93 as Table 93.130. No modifications or increases to those fees occurred.
SPS 305.03 (Petitions for Variance) states: “An individual may submit a petition for variance to any rule in this chapter in accordance with ch. SPS 303.” Chapter SPS 303.03 describes how this submission worked. DATCP altered this process slightly to match Department processes and renumbered it as ATCP 93.170. Subchapter I of ch. SPS 305 addresses general requirements for Licenses, Certifications and Registrations. In order to incorporate those general requirements that DATCP has been using in its program, SPS 305.01 to 305.11, with the exception of SPS 305.03 as stated above, will become part of ch. ATCP 93.240 (Certifications and Enforcement). Specifically: SPS 305.01 (Application) became ATCP 93.240 (2)
SPS 305.02 (Fees) became ATCP 93.240 (3)
SPS Table 305.02 (Fees, Subchapter VIII) became ATCP Table 93.240
SPS 305.03 (Petitions for Variance) became ATCP 93.170
SPS 305.04 (Processing Times) became ATCP 93.240 (4)
SPS 305.05 (Mailing) became ATCP 93.240 (5)
SPS 305.06 (Terms) became ATCP 93.240 (6)
SPS 305.07 (Renewal) became ATCP 93.240 (7)
SPS 305.08 (Continuing Education) became ATCP 93.240 (8)
SPS 305.09 (Examinations Administered by the Department) became ATCP 93.240 (9)
SPS 305.10 (Denial, Suspension, and Revocation) became ATCP 93.240 (11)
SPS 305.11 (Responsibilities) became ATCP 93.240 (12)
SPS 305.68 (Tank System Inspectors) has been incorporated as the new ATCP 93.240 (13).
Subchapter VIII of ch. SPS 305 addresses Licenses, Certifications and Registrations for Storage Tanks.3 In order to incorporate ch. SPS 305 into ATCP rules, with some modifications, SPS 305.82 to 305.89 will become part of ch. ATCP 93.240. Specifically: 3 Although the Department of Safety and Professional Services no longer regulates Storage Tanks, DATCP has been using ch. SPS 305.82 to 305.89 of their rule until adoption of a new ATCP 93 incorporates these items. SPS 305.82 (Tank Specialty Firms) became ATCP 93.240 (14)
SPS 305.83 (Tank System Site Assessors) became ATCP 93.240 (15)
SPS 305.84 (Aboveground Tank System Installers) became ATCP 93.240 (16)
SPS 305.85 (Underground Tank System Installers) became ATCP 93.240 (17)
SPS 305.86 (Underground Tank System Liners) became ATCP 93.240 (18)
