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.
(c) ASTM D975-14 D975-15b, standard specification for diesel fuel oils.
(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 competitors 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:
ATCP 127.76 (Title) Recordkeeping. Record Keeping.
Section 78. ATCP 127.84 (Title) is amended to read:
ATCP 127.84 (Title) Recordkeeping. Record Keeping.
Section 79. ATCP 134.04 (3) (Note) is repealed.
Section 80. ATCP 141.04 (1) is amended to read:
ATCP 141.04 (1) Membership. A cherry marketing board consisting of 5 affected producers is established to administer this order. Board members shall be elected producers. Board members shall be nominated and elected as prescribed in s. 96.10 (1), Stats. Notice of the secretary's decision for issuance of this marketing order shall contain a call for nominations for election of board members to initial terms of office. Nominations shall be filed not earlier than 58 days and not later than 75 days after the secretary's call for nominations, and the election held within 60 days after approval of the marketing order by referendum. A call for nominations of affected producers for subsequent election to an expired term of office on the marketing board shall be made by the board [not later than 90 days before expiration of the term, and nominations shall be filed] not later than 60 days before the term of office expires. Elections to fill expired terms of office shall be held within the 60-day period preceding expiration of the terms of office. If no nominations are made by affected producers within the times specified, the secretary or marketing board may extend the time period within which nominations may be filed.
Section 81. ATCP 141.04 (1) (Note) is repealed.
Section 82. Effective date: This rule takes effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s. 227.22 (2) (intro.), Stats.
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