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 To implement the new definitions required by these EPA changes, DATCP also repealed ATCP 93.050 (56) to create ATCP 93.050 (4m) in its place.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 Since fees are addressed elsewhere in the proposed new rule, ATCP 93.160 will be repealed.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. Since there are no longer district offices, ATCP 93.680 (4) and its note have been changed to reflect that.
Clarification of Stakeholder and Business Questions
Some businesses subject to the rule have submitted information on non-DATCP forms in the past. In order for the department to accommodate this practice when able, ATCP 93.165 (Alternate Forms) has been created to permit industry to use alternate forms if the business seeks department approval.
In response to Section 1622 of 2013 Wisconsin Act 20, the rule includes statutory exceptions to ATCP 93.400 (3) and 93.500 (5). The temporary provision delays the department requirement that specifies that pipe connections at the top of a storage tank and beneath all freestanding pumps and dispensers that routinely contain a hazardous substance be placed within secondary containment sumps if the pipe connections were installed or in place on or before February 1, 2009. As per 2013 Wisconsin Act 20 and Wis. Stat. § 168.24 (2), the rule delays the provision until January 1, 2021. In the past, there had been an issue about relocating a tank elsewhere on the same property. ATCP 93.400 (6) (cm) addresses that question.
ATCP 93.500 (6) (a) 3. was created to address an ongoing issue with secondary tanks.
In response to 2015 Wisconsin Act 247, ATCP 93.605 (5) (b) reflects the exception to enforcing a standard of the National Fire Protection Association in regard to telephones at pumps. Responsibilities of Class A, B, and C Operators
DATCP has rewritten subchapter VIII (Training for Operators of Underground Storage Tank Systems) since many changes were necessary.
• The definitions of Class A, B, and C operators have been changed to match the definitions set forth by the EPA.
• Section 93.820 contained time provisions that are no longer in effect. • DATCP modified responsibilities and training and certification requirements for the operators.
• Renumbering and reorganizing the subchapter for clarity.
• Record keeping documentation methods also changed to accommodate added provisions.
Standards Incorporated by Reference
This rule continues to incorporate multiple standards by reference. The standards can still be found in the Tables in the new ATCP 93.200. Every standard that has been updated since the last rule revision has been changed to the most recent standard available for use. Some new standards have been adopted (for instance, RPI 1200, RPI 1300, and RPI 1400 from the Petroleum Equipment Institute and UL 1856 from the Underwriters Laboratories), two have been repealed (F051 and R972 from the Steel Tank Institute) as they were no longer deemed necessary, and two standards dealing with aviation fuel from the American Petroleum Institute have been transferred to the Energy Institute (EI 1529 and EI 1542). Previously, no standards from the Fiberglass Tank and Pipe Institute were in use. If adopted, RP 2007 will be incorporated by reference.
Several other Underwriters Laboratory (UL) design standards are indirectly applied by this chapter through their inclusion in other standards that are directly adopted in this chapter. For example, UL 58, 80, 142, 1316, 1746, 2080 and 2085 are included in NFPA 30, in section 21.4.2, which is adopted in Table 93.200−6. If ATCP 93 makes a specific reference to a UL standard in the rule, however, it has been added to Table 93.200-10.
