CR 16-012 Rule Text

(8) (a) 1. b. All repairs or modifications under STI SP031 shall be recorded on the department's ERS-10873 TR-WM-134 form.

Note: Form ERS-10873 TR-WM-134 –STI SP031 Tank Repair/Modification Summary, is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

c. A copy of the completed ERS-10873 TR-WM-134 form shall be provided to the tank owner or operator.

d. The tank owner or operator shall have the completed ERS-10873 TR-WM-134 form on site and available for inspection within 30 days after receiving it from the party that performed the repair.

Section 50. ATCP 93.440 (3) (a) 2. c. (Note) is amended to read:

ATCP 93.440 (3) (a) 2. c. (Note)

Note: STI SP001 requires monthly and annual inspections, and requires maintaining records of these inspections. For almost all ASTs that have a capacity of 5000 gallons or less, these inspections are only required to be visual. For most tanks that have a capacity of more than 5,000 gallons, the requirements include, but are not limited to, having a certified inspection every 20 years, consisting of a visual exam and spot, ultrasonic examination, with no requirement for an integrity pressure test. STI SP001 includes optional checklists that may be used for the required recordkeeping record keeping. These checklists and a compendium that contains further guidance for these inspections are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 51. ATCP 93.465 (1) (b) (Note) is amended to read:

ATCP 93.465 (1) (b) (Note)

Note: For further information on sampling and reporting for these assessments, see the Department's Tank System Site Assessment: A Guide to the Assessment and Reporting of Suspected and or Obvious Releases From Underground and Aboveground Storage Tank Systems http://datcp.wi.gov/Consumer/Weights_and_Measures/Admin_and_Technical_References/index.aspx. (Stock number 61D) which is available from Document Sales and Distribution at 4622 University Avenue, Madison, WI 53705-2156; or at telephone [phone]; or at [e-mail]; or from the Department's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx.

Note: The format for the reporting is available at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx.

Section 52. ATCP 93.515 (2) (d) 2. is amended to read:

ATCP 93.515 (2) (d) 2. Incomplete or inconsistent data entry reflected during any 2 months of data entry out of the most recent 3 months of inventory control recordkeeping record keeping.

Section 53. ATCP 93.520 (1) (d) 4. and (Note), and (e) 3. b. (Note) are amended to read:

ATCP 93.520 (1) (d) 4. The results of the inspections, evaluations and testing under this paragraph shall be summarized on the department's form ERS-10785 TR-WM-141, and retained at the site in accordance with s. ATCP 93.500 (9).

Note: Form ERS-10785 TR-WM-141, Underground Tank System UST Corrosion Protection Summary Documentation Test/Survey Report, is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

(e) 3. b. (Note)

Note: Additional information on corrosion protection certifications is available from the Department's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 54. ATCP 93.530 (2) (f) 4. and (Note) is amended to read:

ATCP 93.530 (2) (f) 4. A revised tank registration, form ERS-7437 TR-WM-137.

Note: Form ERS-7437 TR-WM-137 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 55. ATCP 93.535 (7) is amended to read:

ATCP 93.535 (7) The person performing the inspection shall provide a report to the owner and to the authorized agent and the department within 15 days of completing the inspection, that describes all of the following items in addition to those required in API 1631:

Section 56. ATCP 93.550 (1) (e) and (Note) are amended to read:  

ATCP 93.550 (1) (e) The owner shall have a revised tank registration, form ERS-7437 TR-WM-137, and part A of the department's tank-system service and closure assessment report, form ERS-8951 TR-WM-140, completed and submitted to the department within 21 business days of changing a tank system to storage of a non-regulated substance.

Note: Forms ERS-7437 TR-WM-137- Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form ERS-8951 TR-WM-140– Tank System Service and Closure Assessment Report are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 57. ATCP 93.560 (1) and (Note), (2) (d) and (Note) are amended to read:

ATCP 93.560 (1) Notification. At least 5 business days before beginning permanent closure of a tank system, the owner or operator shall notify the authorized agent or the department of the intended closure, on form ERS-9198 TR-WM-121, except a shorter notification period is permitted where unexpected closure is commenced upon finding adverse conditions during a corrective action conducted under s. ATCP 93.585.

Note: Form ERS-9198 TR-WM-121– ATCP 93 Notification Record is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

(2) (d) When an underground tank is closed, or when a previously closed tank is removed under sub. (4), the owner shall have a revised tank registration, form ERS-7437 TR-WM-137, and part A of the department's tank-system service and closure assessment report, form ERS-8951 TR-WM-140, completed and submitted to the department within 21 business days of closure or removal.

Note: Form ERS-7437 TR-WM-137— Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form ERS-8951 TR-WM-140– Tank System Service and Closure Assessment Report are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 58. ATCP 93.580 (3) (a) (Note) is amended to read:

ATCP 93.580 (3) (a) (Note)

Note: The format for the reporting is available at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 59. ATCP 93.620 (1) (b) (Note) is amended to read:

ATCP 93.620 (1) (b) (Note)

Note: See the Department's Web department’s web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 60. ATCP 93.630 (3) (c) and (Note) are amended to read:

ATCP 93.630 (3) (c) The certified installer shall fill out a tank installation notification, form ERS-10764 TR-WM-124, and provide the form to the authorized agent or the department for inspection of the tank system.

Note: Form ERS-10764 TR-WM-124— Farm & Construction AST Installation Notification is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 61. ATCP 93.630 (Table Title) is amended to read:

ATCP 93.630 (Table Title)

Table 93.630

Tank System Setbacks for Tanks With with Secondary Containment

Section 62. ATCP 93.680 (4) (a) (Note), (b), (c) and (Note) are amended to read:

ATCP 93.680 (4) (a) (Note)

Note: See the Department's Web department’s web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

(b) A certified installer or professional engineer shall complete part I of the department's alternative fuel installation/conversion application form (ERS-9 TR-WM-126 Alternative Fuels) and submit it to the department as part of the plan review submittal.

(c) Before commencing normal fueling operations using ethanol-blended fuel, the operator shall complete part II of the department's alternative fuel installation/conversion application form (ERS-9 TR-WM-126 Alternative Fuels) and provide the completed form to the certified tank system inspector performing the pre-operational inspection.

Note: Form ERS-9 TR-WM-126 Alternative Fuels — Storage Tank Alternative Fuel Installation/Conversion Application is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 63. ATCP 93.703 (2) (Note) is amended to read:

ATCP 93.703 (2) (Note)

Note: The affidavit of financial responsibility is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or from the Bureau's Web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 64. ATCP 93.727 (2) (a) is amended to read:

ATCP 93.727 (2) (a) A local government owner or operator or local government serving as a guarantor that is not a general purpose local government and does not have the legal authority to issue general obligation bonds may satisfy the requirements of s. ATCP 93.705 by having a currently outstanding issue or issues of revenue bonds of $1 million or more, excluding refunded issues, and by also having a Moody's rating of Aaa, Aa, A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB as the lowest rating for any rated revenue bond issued by the local government.

Section 65. ATCP 93.745 (2) (j) 3. b. (Note) is amended to read:

ATCP 93.745 (2) (j) 3. b. (Note)

Note: A copy of the affidavit of financial responsibility required in 40 CFR 280.111(b)(11)(i) is available from the Department's Web department’s web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 66. ATCP 93.747 (2) (c) 1. b. (Note) is amended to read:

ATCP 93.747 (2) (c) 1. b. (Note)

Note: A copy of the affidavit of financial responsibility required in 40 CFR 280.111(b)(2)(i) is available from the Department's Web department’s web site at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

Section 67. ATCP 93.810 (2) and (Note) is amended to read:

ATCP 93.810 (2) "Class B operator" means an individual who implements, on-site, the day-to-day aspects of operating, maintaining and recordkeeping record keeping for an underground storage tank system.

Note: This individual generally focuses on field implementation of applicable UST requirements and the day-to-day aspects of operating, maintaining, and recordkeeping record keeping for USTs at one or more facilities.

Section 68. ATCP 93.830 (2) (a) and (b) are amended to read:

ATCP 93.830 (2) (a) Requirements for leak or release detection methods, recordkeeping record keeping and reporting are met.

(b) Requirements for leak or release prevention equipment, recordkeeping record keeping and reporting are met.

Section 69. ATCP 93.840 (1) is amended to read: