Changes to ATCP 93 fit into seven broad categories:
• To accept recommendations made by the Department of Safety and Professional Services prior to the program’s relocation to DATCP.
• To harmonize ATCP 93 with the current federal standards, especially those set out by the Environmental Protection Agency.
• To address reorganizational changes of the program that occurred during the transfer to DATCP from DSPS.
• To respond to questions raised by stakeholders and businesses regulated by ATCP 93.
• To update standards incorporated by reference.
• To address agency concerns about the responsibilities of Class A, B, and C operators.
• To clarify or improve an aspect of this rule.
Some changes to the rule do not fit one of the seven criteria. These included typographical errors, form number changes, name changes to certain documents, availability of documents (hyperlinks or through DOA Document Sales), eliminating provisions no longer in effect, or a need for more specific or clear phrasing.
DSPS Recommendations
DSPS recommended 232 changes of varying nature in the working draft sent during the program transfer to DATCP. Some were substantive (compliance with new recommendations), and some were more cosmetic (elimination of unnecessary words).
DSPS recommended changes to particular phrases throughout the rule. Where appropriate, the words, “storage tanks,” were changed to “storage tank systems” in order to be more accurate. DSPS recommended that where the words, “the requirements in,” appear throughout the rule, that they be deleted. The words “prior to” have been changed to “before.” Other word changes were suggested and taken to make the rule more succinct.
DSPS recommended an expansion of the general requirements in ATCP 93.230. In subs. (9) and (10), the safety standards increased for property and system maintenance. The new rule changes the title of sub. (13) from Deactivation of Vapor Recovery to Disconnecting and Discontinuing Vapor Recovery while creating subs. (14) and (15), Removing Water and Other Contaminants from Storage Tanks and Preparing Tanks for Changes in Fuel Type.
DSPS suggested numerous changes to subchapter IV (General AST Storage) that have been incorporated. These changes affect: secondary containment for piping, installation of piping, maintenance and repairs of tanks and other system components, and spill and overfill prevention.
In subchapter V (General UST Storage and Piping), DATCP accepted numerous DSPS suggestions addressing: electronic interstitial monitoring, secondary containment, flexible connections, tanks, piping, repairs, inspection and maintenance, record keeping, and spill and overfill prevention. Most especially, in subchapter V, DSPS recommended that 93.535 (Periodic Inspection and Repair of Lined Tanks) be rewritten to eliminate an outdated table, to incorporate new accepted industry standards, and to renumber and reorganize to increase understanding.
DSPS recommended changes that DATCP adopted in terms of water level in tanks under ATCP 93.605 (1) (g).
DSPS recommended a paragraph on irrigation operations in ATCP 93.630 (2) (d) that DATCP accepted.
DSPS recommended that three subsections be created to address biodiesel blends. The rule includes these as ch. ATCP 93.680 (5) to (7). DSPS offered several suggestions for changes to subchapter VII (Financial Responsibility) that DATCP chose to accept.
Changes Dictated by New EPA Standards
Two notes in ATCP 93.180 required revision to reflect new requirements and new penalties from the Federal government.
EPA released new standards for airport fueling in 2015. Therefore, ATCP 93.517 has been renamed Airport Hydrant System Requirements from Airport Hydrant Leak Detection Requirements and has been revised to meet the new testing requirements and standards established by EPA. To implement the new definitions required by these EPA changes, DATCP also repealed ATCP 93.050 (56) to create ATCP 93.050 (4m) in its place.
EPA also released new standards for statistical inventory reconciliation (SIR) as part of its 2015 changes. For that reason, ATCP 93.515 (6) needed to match the new federal requirements. DATCP also took the opportunity to increase the data accuracy and incorporate DSPS suggestions during the ATCP 93.515 (6) rewrite.
New standards in regard to ethanol blends required 30 day provisions to be added to ATCP 93.680 (4). The same provisions altered the DSPS recommendation for ATCP 93.680 (7).
Reorganizational Changes
Previously, the fee structure for the program resided in SPS 302 (Fee Schedule). In order to create a fee structure in DATCP rules, ATCP Table 93.1605 was added. However, references to SPS 302 that remained in ATCP 93 will be eliminated in the new rule. Since fees are addressed elsewhere in the proposed new rule, ATCP 93.160 will be repealed. Slight modifications to ATCP 93.1605 were made to address retesting.
SPS 302.51 included a table that described material review fees. This table transferred to ATCP 93 as Table 93.130. No modifications or increase to those fees occurred.
SPS 305.03 (Petitions for Variance) states, “An individual may submit a petition for variance to any rule in this chapter in accordance with ch. SPS 303.” Chapter SPS 303.03 describes how this submission worked. DATCP altered this process slightly to match Department processes and renumbered it ATCP 93.170. Subchapter I of Chapter SPS 305 addresses general requirements for Licenses, Certifications and Registrations. In order to incorporate those general requirements that DATCP has been using in its program, SPS 305.01 to 305.11, with the exception of SPS 305.03, as stated above, will become part of ch. ATCP 93.240 (Certifications and Enforcement). Specifically: SPS 305.01 (Application) became ATCP 93.240 (2)
SPS 305.02 (Fees) became ATCP 93.240 (3)
SPS Table 305.02 (Fees, Subchapter VIII) became ATCP Table 93.240
SPS 305.03 (Petitions for Variance) became ATCP 93.170
SPS 305.04 (Processing Times) became ATCP 93.240 (4)
SPS 305.05 (Mailing) became ATCP 93.240 (5)
SPS 305.06 (Terms) became ATCP 93.240 (6)
SPS 305.07 (Renewal) became ATCP 93.240 (7)
SPS 305.08 (Continuing Education) became ATCP 93.240 (8)
SPS 305.09 (Examinations Administered by the Department) became ATCP 93.240 (9)
SPS 305.10 (Denial, Suspension, and Revocation) became ATCP 93.240 (11)
SPS 305.11 (Responsibilities) became ATCP 93.240 (12)
SPS 305.68 (Tank System Inspectors) has been incorporated as the new ATCP 93.240 (13).
Subchapter VIII of Chapter SPS 305 addresses Licenses, Certifications and Registrations for Storage Tanks.1 In order to incorporate ch. SPS 305 into ATCP rules, with some modifications, SPS 305.82 to 305.89 will become part of ch. ATCP 93.240. Specifically: 1Although the Department of Safety and Professional Services no longer regulates Storage Tanks, DATCP has been using ch. SPS 305.82 to 305.89 of their rule until this adoption of a new ATCP 93 that incorporates these items. SPS 305.82 (Tank Specialty Firms) became ATCP 93.240 (14)
SPS 305.83 (Tank-System Site Assessors) became ATCP 93.240 (15)
SPS 305.84 (Aboveground Tank System Installers) became ATCP 93.240 (16)
SPS 305.85 (Underground Tank System Installers) became ATCP 93.240 (17)
SPS 305.86 (Underground Tank System Liners) became ATCP 93.240 (18)
SPS 305.87 (Tank System Removers and Cleaners) became ATCP 93.240 (19)
SPS 305.88 (Tank System Tightness Testers) became ATCP 93.240 (20)
SPS 305.89 (Cathodic Protection Specialties) became ATCP 93.240 (21)
Many references in ATCP 93.1605 (Fees) reference SPS 305. Those references change to reflect their new locations in ATCP 93.240.
Other references throughout the rule to SPS 305 have also been changed to reflect that an aspect of the program is now governed by ATCP 93. For instance, SPS 305 defined “direct supervision,” and DATCP added that definition as ATCP 93.050 (37m).
For building and fire codes, DSPS remains the department with jurisdiction. In those cases, ATCP 93 continues to refer back to DSPS administrative rules as appropriate.
The program transfer from DSPS to DATCP also requires a change in the statutes. In ATCP 93.010, the Scope of the Rule now reflects that statutory authority now comes from Chapter 168, Wis. Stats. rather than Chapter 101, Wis. Stats.2 2The department has suggested corrective language to the Legislative Reference Bureau and hopes the correction will be made in the current 2017-18 legislative session. In the meantime, the authority comes from 2013 Wisconsin Act 20.
