Federal regulations only require the owner or operator to (1) ensure that before a tank is filled, the volume available in the tank is greater than the volume of the product to be transferred to the tank; and (2) ensure that the transfer operation is constantly monitored. Michigan, Minnesota, Illinois and Iowa have overfill protection requirements for underground storage tanks, that are substantially the same as these proposed Comm 10 requirements.
These requirements are justified considering that the results of a study sponsored by the US Environmental Protection Agency indicate that over 19 percent of underground storage tank releases are caused by spill/overfill incidents. However, the most significant justification for dual overfill protection is that several major catastrophic incidents have occurred during the past few years because of failure of a single overfill method. In one situation, two occupants of a car were killed when an overfill resulted in flowing fuel that ignited and impinged on the vehicle. Emphasis on preventing overfills is necessary not only for fire safety but also for protection of the environment.
F. Comm 10.515 (8) This section would specifically require annual testing of leak detection equipment. This change is primarily for clarification purposes and would better express the intent of the current requirements. Michigan, Illinois, Iowa, Minnesota and the federal regulations all require annual testing of leak detection equipment. Under the current rules, there has been some confusion as to what “testing" means; this section would clarify that the test must include an induced leak for a 3.0 gallon-per-hour detection limit.
G. Comm 10.535 This section would change the inspection frequency for an internal lining of an underground storage tank from an initial inspection period of 10 years and every 5 years thereafter, to an initial inspection period of 5 years and every 5 years thereafter.
Federal regulations have allowed lining of underground storage tanks as one of the upgrade methods during implementation of nationwide corrosion protection for underground tanks, beginning in the late 1980's. The initial lining inspection after the tank is lined was set at 10 years, to be followed by an inspection frequency of every 5 years thereafter. Michigan, Illinois, Iowa and Minnesota recognize the 10/5-year schedule for existing lined tanks – however, Michigan and Iowa do not allow new tank lining installations. Minnesota, Illinois and this proposed Comm 10 rule will continue to allow interior lining of tanks.
This proposed rule change in the initial internal inspection frequency is needed due to recent, increased evidence that many tank internal linings fail within the first five years of installation and subsequently do not maintain the expected corrosion protection.
H. Comm 10.900 (1) This section would expand current requirements for financial responsibility to apply to aboveground storage tanks, including tank wagons, fuel delivery barges and tanks on non-solid fill piers.
Generally, there are no federal or adjacent-state financial responsibility requirements for aboveground storage tanks. Michigan, Illinois, Iowa and Minnesota do not address use of tank wagons or fuel delivery barges. The national standards adopted in Comm 10 do not recognize, as an acceptable practice, transportation and dispensing by tank wagons or barges.
This requirement is necessary considering that the proposed Comm 10 rule changes recognize and regulate use of tank wagons, barges and tanks on non-solid fill piers. The need for regulation of these types of tanks was determined based on the increasing number of instances, and trends, where these tanks are being used. Due to the increased use and industry practices, the Department believes that the number of releases from these types of tanks may also increase, thereby justifying a financial responsibility requirement for covering the cost of cleaning up a spill to the environment.
8. Summary of Factual Data and Analytical Methodologies
Surveys of Wisconsin
mobile air conditioner refrigerant and repairs. The proposed changes to chapter Comm 10 were also developed with assistance from the Department's advisory committee for flammable, combustible and hazardous liquids. The members of that advisory committee are as follows:
Name Representing
Randy Sharvey Wisconsin Fire Inspectors Association
Erin Roth Wisconsin Petroleum Council
Tim Clay Wisconsin Federation of Cooperatives
Paul Knower WI Petroleum Equip. Contractors Assn.
Steve Danner Wisconsin Aviation Trades Association
Elizabeth Hellman Wisconsin Utilities Association
Gary Pate Wisconsin Insurance Alliance
John Reed WI Airport Management Association
Dale Safer Wisconsin Innkeepers
Bob Bartlett WI Petroleum Marketers & Convenience Store Association
9. Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Report
The Department derived the cost estimates in the following section from input from contractors.
10. Anticipated Costs Incurred by Private Sector
The following categories for new costs that are anticipated for the private sector correspond to the categories in section 7 above.
B. Comm 10.400 (3) and Comm 10.500 (1) and (5) – Double-wall piping for replacing repaired pipe and for new underground pipe of AST and UST systems: In the short term, the installation of double-wall piping may cost an additional $4000 for a typical service station. In the long term, reduced insurance premiums may result.
C. Comm 10.400 (3), 10.500 (5) and Comm 10.615 (5) – Liquid-tight sumps under dispensers and around fittings: $250 per dispenser, and upward to $4900, depending upon the mechanism used to meet the requirement.
D. Comm 10.410 – AST overfill alarms and auto-shutoff: $1,000-2,000 (equipment and installation) per tank, depending upon the equipment and mechanism used to meet the requirement, and the size of the tank.
G. Comm 10.535 – Changing the interior-lining inspection from 10 years and every 5 years thereafter, to every 5 years: Two 5-year camera inspections are approximately 7 percent higher than one 10-year entry inspection. However, out-of-service time is considerably less for the camera inspection method.
H. Comm10.900 (1) – Financial responsibility for ASTs (tank wagons, barges, tanks on non-solid fill piers): Insurance cost varies with jobber and is typically an add-on to existing pollution liability coverage. Annual cost may range from $800 and upward, depending on the type of system and risk.
11. Effect on Small Business
These proposed rule changes may have an economic effect on any small business with at least one storage tank containing a flammable, combustible or federally-regulated hazardous liquid. This includes any business that sells gasoline or other liquid motor fuel for use in any type of internal combustion engine. These economic effects are not expected to be significant, except as summarized in section 10 above.
12. Agency Contact Information.
13. Place Where Comments Are to Be Submitted, and Deadline for Submission
Comments on the proposed rules may be submitted by e-mail to
srockweiler@commerce.state.wi.us, no later than May 10, 2007. If e-mail submittal is not possible, written comments may be mailed, by the same date, to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
The proposed rules and an analysis of the rules are available on the Internet at the Department of Commerce Web site, through the following series of hyperlinks:
http://commerce.wi.gov/, Petroleum & Tanks, Storage Tank Regulations, and Comm Code Revision Drafts & Info. Paper copies may be obtained without cost from Sheldon Schall at the Department of Commerce, Bureau of Petroleum Products and Tanks, P.O. Box 7837, Madison, WI 53707-7837, or at
sschall@commerce.state.wi.us, or at telephone (608) 266-0956 or (608) 264-8777 (TTY). Copies will also be available at the hearings.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. Chapter
Comm 1, Environmental Analysis and Review Procedures for Department Actions, classifies this rule in the following manner: “Establish design, construction, operation and maintenance standards for public safety." By the very nature of the program, public safety includes keeping flammable, combustible and hazardous liquids out of the waters of the state, as required under s.
101.09, Stats.
In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. Rules proposed under this order are intended to address shortcomings in the current rule that have resulted in releases into the waters of the state and the surrounding region. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
There are no requirements in this proposal that should affect either state or local government costs or revenues.
The anticipated costs that may be incurred by the private sector in complying with new requirements in the proposed rules are adequately described in the rule summary which immediately prcedes the proposed rules.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Any business with at least one storage tank containing a flammable, combustible or federally-regulated hazardous liquid will be affected by these rules. This includes any business that sells gasoline or other liquid motor fuel for use in any type of internal combustion engine.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
All record keeping requirements are contained in s.
Comm 10.400 (11) for aboveground storage tanks and in s.
Comm 10.500 (8) for underground storage tanks. This replaces the current situation where record keeping is handled inconsistently in various areas of the code and associated federal regulations.
3. Types of professional skills necessary for compliance with the rules.
There are no additional professional skills necessary for compliance with these rules.
4. Rules have a significant economic impact on small businesses.
Yes, rules submitted to Small Business Regulatory Review Board.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or by e-mail at
cdunn@commerce.state.wi.us.
Notice of Hearing
Health and Family Services
NOTICE IS HEREBY GIVEN that pursuant to s.
48.84, Stats., and interpreting s.
48.84, Stats., Stats., the Wisconsin Department of Health and Family Services will hold a public hearing to consider the emergency rules
and the proposed permanent rules amending ch.
HFS 51 (title),
HFS 51.01,
HFS 51.02, and
HFS 51.09 (2) (a) 1. and Note; and creating HFS 51.03 (15g), (15r), (18g) and (18r) and HFS 51.10, relating to the adoption of children to include preadoption training requirements that will apply to private adoptions, international adoptions, and adoptions of children with special needs, and affecting small businesses.
Date and Time and Location
April 27, 2007
8:00 a.m. – 12:00 p.m.
Department of Health and Family Services
1 W. Wilson St.
Room 751
Madison, WI 53703
April 27, 2007
8:00 a.m. – 12:00 p.m.
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Place Where Written Comments May be Submitted
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov.
Deadline for Comment Submission
The deadline for submitting comments to the Department is 4:30 p.m. on April 27, 2007.
Analysis Prepared by the Department of Health and Family Services
Effective April 1, 2007,
2005 Wisconsin Act 293 creates s.
48.84, Stats., to require prospective adoptive parents to receive preadoption preparation (i.e., training) in the following instances:
Before a child may be placed under s.
48.833, Stats., (special needs adoption) for adoption;
Before a proposed adoptive parent who has not previously adopted a child may petition for placement of a child for adoption under s.
48.837, Stats., (nonrelative adoptions); and
Before a proposed adoptive parent who has not previously adopted a child may bring a child into Wisconsin for adoption under s.
48.839, Stats., (international adoptions).
Under s.
48.84, Stats., preadoption training must be provided by a licensed child welfare agency, a licensed private adoption agency (child placing agency), the state adoption information exchange under s.
48.55, Stats., the state adoption center under s.
48.55, Stats., a state-funded foster care and adoption resource center, or a state-funded post adoption resource center.
Section
48.84, Stats., requires the Department to establish, by rule, the number of hours of training necessary, and the training content, including information on issues that may confront adoptive parents, generally, and that may confront adoptive parents of special needs and international children.
Effect on Small Business (Initial Regulatory Flexibility Analysis)
Effective April 1, 2007,
2005 Wisconsin Act 293 creates s.
48.84, Stats., to require prospective adoptive parents to receive preadoption preparation (i.e., training) in the following instances:
Before a child may be placed under s.
48.833, Stats., (special needs adoption) for adoption;
Before a proposed adoptive parent who has not previously adopted a child may petition for placement of a child for adoption under s.
48.837, Stats., (nonrelative adoptions); and
Before a proposed adoptive parent who has not previously adopted a child may bring a child into Wisconsin for adoption under s.
48.839, Stats., (international adoptions).
Under s.
48.84, Stats., licensed private adoption agencies are among the entities that may provide the preadoption training under s.
48.84 (1), Stats. There are 28 such agencies in the state. According to a February 2007 Department survey, at least 25 of the 28 licensed agencies already require and provide training to first-time adoptive parents. The training currently being provided and the training required to be provided under the proposed rule is substantially similar. Consequently, any costs that these agencies may incur under the proposed rule should be nominal.
Small Business Regulatory Coordinator
Rosie Greer
