Wisconsin Legislature: 002 - CR 16-012 Rule Text

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 (608) 224-4942, 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 (608) 224-4942, 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 (608) 224-4942, 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 (608) 224-4942, 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)

(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 (608) 224-4942, 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 (608) 224-4942, 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:

ATCP 93.840 (1) Basic underground storage tank system requirements, so that he or she can make informed decisions regarding compliance and ensure appropriate individuals are fulfilling operation, maintenance, and recordkeeping record keeping requirements and standards of this chapter regarding all of the following:

Section 70. ATCP 93.841 (2) (b) 5. is amended to read:

ATCP 93.841 (2) (b) 5. Reporting and recordkeeping record keeping requirements.

Section 71. ATCP 93.870 (Title) is amended to read:

ATCP 93.870 (Title) Recordkeeping. Record Keeping.

Section 72. ATCP 94.110 (3) (Note) is amended to read:

ATCP 94.110 (3) (Note)

Note: Form ERS-9890A TR-WM-129 is available from the Bureau of Weights and Measures, at P.O. Box 8911, Madison, WI 53708-8911, or (608) 224-4942 or 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 73. ATCP 94.200 (1), (a), (b), (c), (d), (e), (f), (g), (h), (j), (k) and (L) are amended to read:

ATCP 94.200 (1) The following standards of the 2014 2015 Annual Book of ASTM Standards of the American society for testing and materials are incorporated by reference into this chapter:

(a) ASTM D396-14 396-15b, standard specification for fuel oils.

(b) ASTM D910-13a D910-15, standard specification for aviation gasolines.

(d) ASTM D1655-13a D1655-15b, standard specification for aviation turbine fuels.

(e) ASTM D3699-13be1, standard specification for kerosine.

(f) ASTM D4806-13a D4806-15, standard specification for denatured fuel ethanol for blending with gasolines for use as automotive spark-ignition engine fuel.

(g) ASTM D4814-14 D4814-15a, standard specification for automotive spark-ignition engine fuel.

(h) ASTM D5798-13a D5798-14, standard specification for ethanol fuel blends for flexible-fuel for automotive spark-ignition engines.

(j) ASTM D6751-12 D6751-15a, standard specification for biodiesel fuel blend stock (B100) for middle distillate fuels.

(k) ASTM D7467-13 D7467-15a, standard specification for diesel fuel oil, biodiesel blend (B6 to B20).

(L) ASTM D7547-14b, standard specification for hydrocarbon unleaded aviation gasoline.

Section 74. ATCP 105.009 (4) is amended to read:

ATCP 105.009 (4) Pricing to meet competition. A seller may not claim to be meeting competition if the seller's price is less than the competitor’s price.

Section 75. ATCP 127.18 (Title) is amended to read:

ATCP 127.18 (Title) Recordkeeping. Record Keeping.

Section 76. ATCP 127.48 (Title) is amended to read:

ATCP 127.48 (Title) Recordkeeping. Record Keeping.

Section 77. ATCP 127.76 (Title) is amended to read: