LRB-0954/2
MGG:kjf:rs
2009 - 2010 LEGISLATURE
January 14, 2010 - Introduced by Law Revision Committee. Referred to Committee
on Commerce, Utilities, Energy, and Rail.
SB459,1,9
1An Act to renumber and amend 101.142 (1) (a);
to amend 20.143 (3) (dm),
2101.09 (1) (a), 101.09 (1) (b), 101.09 (2) (title), 101.09 (2) (a), 101.09 (2) (b),
3101.09 (2) (c), 101.09 (2) (cm) (intro.), 101.09 (3) (a), 101.09 (3) (b), 101.09 (3) (c),
4101.09 (3) (d), 101.142 (title), 101.142 (1) (b) and 101.142 (2); and
to create
5101.09 (1) (cm) and 101.142 (1) (a) 2. of the statutes;
relating to: storing certain
6flammable, combustible, and hazardous liquids and maintaining an inventory
7of storage tanks containing petroleum products and certain hazardous
8substances (suggested as remedial legislation by the Department of
9Commerce).
Analysis by the Legislative Reference Bureau
Under current law, the Department of Commerce (Commerce) promulgates
rules regulating the installation, abandonment, and maintenance of movable tanks
and tanks at fixed locations that contain flammable or combustible liquids or
federally regulated hazardous substances. Under current law, a "flammable liquid"
is defined as a liquid having a flash point below 100 degrees Fahrenheit, and a
"combustible liquid" is defined as having a flash point at or above 100 degrees
Fahrenheit and below 200 degrees Fahrenheit. This bill eliminates the 200-degree
maximum so that any liquid with a flash point at or above 100 degrees Fahrenheit
is defined to be a "combustible liquid." Under current law, aboveground tanks that
hold less than 5,000 gallons are exempt from these rules. The bill lowers the capacity
amount to 110 gallons.
Current law also requires Commerce to maintain an inventory of aboveground
and underground tanks at fixed locations that have a capacity in excess of 60 gallons.
This bill increases the 60-gallon requirement to 110 gallons for aboveground storage
tanks. Under current law, only fixed tanks containing petroleum products are
required to be inventoried. Under the bill, fixed tanks containing substances that
are covered under federal rules regulating underground storage tanks are also
subject to this inventory requirement.
Under current administrative rules, Commerce requires certification for
persons who work with tanks that hold flammable or combustible liquids or
hazardous substances. This bill authorizes Commerce to promulgate rules requiring
that persons who install, test, or maintain systems on these tanks to prevent
corrosion also be certified.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
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:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Commerce and introduced by the Law Revision
Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of the various
provisions of the bill, the Law Revision Committee has determined that this bill makes
minor substantive changes in the statutes, and that these changes are desirable as a
matter of public policy.
SB459, s. 1
1Section
1. 20.143 (3) (dm) of the statutes is amended to read:
SB459,2,42
20.143
(3) (dm)
Storage tank inventory. The amounts in the schedule to conduct
3an inventory of aboveground
petroleum product storage tanks and
unused 4underground
petroleum product storage tanks under s. 101.142.
SB459, s. 2
5Section
2. 101.09 (1) (a) of the statutes is amended to read:
SB459,2,76
101.09
(1) (a) "Combustible
liquid" means
a liquid having a flash point at or
7above 100 degrees
fahrenheit and below 200 degrees fahrenheit Fahrenheit.
Note: According to the Department of Commerce, the current definition conflicts
with applicable federal regulations, which do not include an upper temperature limit for
liquids that must be regulated as being combustible. See
40 CFR 280.10.
SB459, s. 3
1Section
3. 101.09 (1) (b) of the statutes is amended to read:
SB459,3,32
101.09
(1) (b) "Flammable
liquid" means
a liquid having a flash point below
3100 degrees
fahrenheit Fahrenheit.
SB459, s. 4
4Section
4. 101.09 (1) (cm) of the statutes is created to read:
SB459,3,65
101.09
(1) (cm) "Tank system" means a tank and its associated piping and
6equipment.
SB459, s. 5
7Section
5. 101.09 (2) (title) of the statutes is amended to read:
SB459,3,88
101.09
(2) (title)
Storage tanks tank systems.
SB459, s. 6
9Section
6. 101.09 (2) (a) of the statutes is amended to read:
SB459,3,1310
101.09
(2) (a) Except as provided under pars. (b) to (d), every person who
11constructs, owns or controls a tank
system for the storage, handling or use of liquid
12that is flammable or combustible or
that is a federally regulated hazardous
13substance shall comply with the standards adopted under sub. (3).
SB459, s. 7
14Section
7. 101.09 (2) (b) of the statutes is amended to read:
SB459,3,1615
101.09
(2) (b) This section does not apply to storage
tanks tank systems which
16require a hazardous waste license under s. 291.25.
SB459, s. 8
17Section
8. 101.09 (2) (c) of the statutes is amended to read:
SB459,3,2018
101.09
(2) (c) This section does not apply to storage
tanks tank systems which
19are installed above ground level and which are less than
5,000 110 gallons in
20capacity.
Note: According to the Department of Commerce, since 1991 ch. Comm 10, Wis.
Adm. Code, has applied the department's fire and environmental protection
requirements to all underground tanks and to aboveground tanks as small as 110 gallons,
in compliance with federal regulations. The current reference to aboveground tanks less
than 5,000 gallons is thus outdated.
SB459, s. 9
21Section
9. 101.09 (2) (cm) (intro.) of the statutes is amended to read:
SB459,4,4
1101.09
(2) (cm) (intro.) Any rules promulgated under sub. (3) requiring an
2owner to test the ability of a storage tank
, connected piping or ancillary equipment 3system to prevent an inadvertent release of a stored
substance liquid do not apply
4to storage
tanks tank systems that satisfy all of the following:
SB459, s. 10
5Section
10
. 101.09 (3) (a) of the statutes is amended to read:
SB459,4,166
101.09
(3) (a) The department shall promulgate by rule construction,
7maintenance and abandonment standards applicable to
tanks tank systems for the
8storage, handling
, or use of liquids that are flammable or combustible or
that are
9federally regulated hazardous substances, and to the property and facilities where
10the
tanks tank systems are located, for the purpose of protecting the waters of the
11state from harm due to contamination by liquids that are flammable or combustible
12or
that are federally regulated hazardous substances. The rule shall comply with ch.
13160. The rule may include different standards for new and existing
tanks tank
14systems, but all standards shall provide substantially similar protection for the
15waters of the state. The rule shall include maintenance requirements related to the
16detection and prevention of leaks.
SB459,4,20
17(am) The rule
promulgated under par. (a) may require any person supplying
18heating oil to any noncommercial storage tank for consumptive use on the premises
19to submit to the department, within 30 days after the department requests, the
20location, contents and size of any such tank.
SB459, s. 11
21Section
11
. 101.09 (3) (b) of the statutes is amended to read:
SB459,5,322
101.09
(3) (b) The department may transfer any information which the
23department receives under par.
(a) (am) to any other agency or governmental unit.
24The department and any such agency shall treat the name of the owner and the
25location of any noncommercial storage tank which stores heating oil for consumptive
1use on the premises, required to be submitted to the department under par.
(a) (am),
2as confidential and shall not permit inspection or copying under s. 19.35 of any record
3containing the information.
Note: Sections 10 and 11 reorganize s. 101.09 (3) (a) and (b), stats., to distinguish
regulation of home heating oil tanks from other tanks.
SB459, s. 12
4Section
12. 101.09 (3) (c) of the statutes is amended to read:
SB459,5,105
101.09
(3) (c) The rule promulgated under par. (a) may require the certification
6or registration of persons who install, remove, clean, line, perform tightness testing
7on
, and inspect
tanks tank systems; persons who design, install, test, and maintain
8cathodic protection systems for tank systems; and persons who perform site
9assessments. Any rule requiring certification or registration shall also authorize the
10revocation or suspension of the certification or registration.
Note: The addition of persons who design, install, test, and maintain cathodic
protection systems for tank systems is, according to the Department of Commerce,
consistent with applicable federal regulations (see
40 CFR 280.12) and with
administrative rules recently promulgated by the department.
SB459, s. 13
11Section
13. 101.09 (3) (d) of the statutes is amended to read:
SB459,5,1612
101.09
(3) (d) The department shall promulgate a rule specifying fees for plan
13review and inspection of
tanks tank systems for the storage, handling, or use of
14flammable or combustible liquids
that are flammable or combustible or that are
15federally regulated hazardous substances and for any certification or registration
16required under par. (c).
SB459, s. 14
17Section
14. 101.142 (title) of the statutes is amended to read:
SB459,5,19
18101.142 (title)
Inventory of petroleum product storage tanks for
19certain regulated products.
SB459, s. 15
20Section
15
. 101.142 (1) (a) of the statutes is renumbered 101.142 (1) (a) (intro.)
21and amended to read:
SB459,6,2
1101.142
(1) (a) (intro.) "
Petroleum Regulated product" means
materials any of
2the following:
SB459,6,5
31. Substances derived from petroleum, natural gas
, or asphalt deposits
and
4includes including gasoline, diesel and heating fuels,
liquefied petroleum gases, 5lubricants, waxes, greases, and petrochemicals.
SB459, s. 16
6Section
16
. 101.142 (1) (a) 2. of the statutes is created to read:
SB459,6,77
101.142
(1) (a) 2. Any other substances regulated under
40 CFR 280.
Note: According to the Department of Commerce,
Sections 15 and 16 make the
list of substances that are defined to be petroleum products, for purposes of inventorying
storage tanks, consistent with applicable federal regulations. (See
40 CFR 280.)
SB459, s. 17
8Section
17. 101.142 (1) (b) of the statutes is amended to read:
SB459,6,129
101.142
(1) (b) "Storage tank" means an enclosed container
with a capacity in 10excess of 60 gallons which is used to hold a
petroleum regulated product, regardless
11of the duration of storage
, and which is intended for use as a fixed, rather than as
12a portable, installation.
Note: According to the Department of Commerce, the revisions to the definition
of "storage tank" for purposes of tanks included in a statewide inventory are made for
consistency with industry practice and ch. Comm 10, Wis. Adm. Code. See, also, Sections
15 and 16
.
SB459, s. 18
13Section
18. 101.142 (2) of the statutes is amended to read:
SB459,7,214
101.142
(2) Inventory of storage tanks. The department shall undertake a
15program to inventory and determine the location of
every aboveground storage
tanks 16tank with a capacity of 110 gallons or more and
every underground storage
tanks 17tank with a capacity of 60 gallons or more. The department may require its deputies
18and any person engaged in the business of distributing
petroleum regulated products
19to provide information on the location of
these aboveground storage tanks and
20underground storage tanks. The department shall develop uniform procedures for
1reporting the location of
these aboveground storage tanks and underground storage
2tanks.