DSPS recommended the creation of ATCP 93.335, dealing with the manufacture of organic coatings, and the repeal of ATCP 93.020 (6) (d) 3. to coincide with the change.
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V, DSPS recommended that ATCP 93.535 (Periodic Inspection and Repair of Lined Tanks) be rewritten to eliminate an outdated table, to incorporate new accepted industry standards, and to renumber and reorganize to increase understanding.
Other DSPS recommendations adopted by DATCP relate to:
- Water level in tanks - ATCP 93.605 (1) (g).
- Irrigation operations - ATCP 93.630 (2) (d).
- Biodiesel blends - ATCP 93.680 (5) to (7).
- Financial responsibility - Subchapter VII.
Changes Dictated by New EPA Standards
Two notes in Wis. Admin. Code § ATCP 93.180 required revision to reflect new requirements and new penalties imposed by the Federal government. EPA released new standards for airport fueling in 2015. For that reason, 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 the 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 To implement the new definitions required by these EPA changes, DATCP also repealed ATCP 93.050 (56) to create ATCP 93.050 (4m) in its place.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 issued new guidelines on installation of underground piping that is now reflected in ATCP 93.500 (6).
EPA also released new standards for statistical inventory reconciliation 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
In ATCP 93.010, DATCP removed notes that simply quoted existing statute and were therefore not necessary.
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 increases 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 as ATCP 93.170. Subchapter I of ch. 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 ch. SPS 305 addresses Licenses, Certifications and Registrations for Storage Tanks.3 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: 3 Although 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 adoption of a new ATCP 93 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 will 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 retains jurisdiction. In those cases, ATCP 93 continues to refer 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 comes from Wis. Stat. ch. 168, rather than Wis. Stat. ch. 101.4 4 DATCP suggested corrective language to the Legislative Reference Bureau and hopes the correction will be made in the 2019-20 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 fact.
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 DATCP to accommodate this practice when it is able to do so, ATCP 93.165 (Alternate Forms) has been created to permit industry to use alternate forms if the business seeks Department approval.
Due to a recent stakeholder problem with marking and tank construction, ATCP 93.250 (2) has been clarified.
In response to Section 1622 of 2013 Wisconsin Act 20, the rule includes statutory exceptions to ATCP 93.400 (3) and ATCP 93.500 (5). The temporary provision delays the DATCP 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.
