For the most part, fees have not been changed in ATCP 93. However, some re-inspection fees and plan approvals under 93.115 and in Table 93.1605 could have an impact on business costs.
Some changes in ATCP 93 relate to manufacturer or industry requirements. Regardless of whether DATCP includes them in a rule, these changes in practice may occur simply because of the update of equipment and technology.
Reporting, Bookkeeping and other Procedures
The proposed rule continues to regulate tanks in Wisconsin, and there will continue to be reporting and record keeping attributable to the testing of those tanks and tank systems.
Small businesses or business organizations may decide to purchase some of the standards incorporated by reference in the tables in Section 200.
Professional Skills Required
The proposed rule reflects some changes based on new definitions and responsibilities in subchapter VIII (Training for Operators of Underground Storage Tank Systems):
• The definitions of Class A, B, and C operators have been changed to match the definitions set forth by EPA.
• Renumbering and reorganizing the subchapter for clarity.
• Record keeping documentation methods also changed to accommodate added provisions.
An exemption in ATCP 93.820 that gave small businesses until August 8, 2012, to comply with the rule has passed and is therefore deleted.
Accommodation for Small Business
Many of the businesses affected by this rule are “small businesses.” Due to the complexity of a 100-page rule, the Department expects to do extensive training and education of staff and industry. The Department also expects to receive additional questions for clarifications and for enforcement understanding after the rule is first implemented.
DATCP shared the draft of the proposed ch. ATCP 93 with selected stakeholders in three stages and accepted input throughout the drafting process. Stakeholders such as the Wisconsin Petroleum Marketers and Convenience Store Association, Cooperative Network, and Kwik Trip represent many of these affected small businesses. DATCP considered the suggested changes or requests for clarifications and responded to the stakeholders before release of the public hearing draft rule.
Conclusion
This rule will generally benefit affected businesses, including “small businesses.” Negative effects, if any, will be few and limited. This rule will not have a significant adverse effect on “small business,” and is not subject to the delayed “small business” effective date provided in Wis. Stat. § 227.22 (2) (e).
