SSPC | The Society for Protective Coatings 40 24th Street Pittsburgh, PA 15222 |
Standard Reference Number | Title |
VIS 2–01 | Standard Method of Evaluating Degree of Rusting on Painted Steel Surfaces. |
Table 93.200−9
STI | Steel Tank Institute 944 Donata Court Lake Zurich, IL 60047 |
Standard Reference Number | Title |
1m. R012–07 | Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks. |
2. R051–17 | Cathodic Protection Testing Procedures for sti−P3® USTs. |
4e. R111-16 | Storage Tank Maintenance. |
4m. R892-06 | Recommended Practices for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems. |
4s. R972-10 | Recommended Practice for the Addition of Supplemental Anodes to sti−P3®USTs. |
5. SP001-11 (5th Edition) | Standard for the Inspection of Aboveground Storage Tanks. |
6. SP031–18 | Standard for Repair of Shop−Fabricated Aboveground Tanks for Storage of Flammable and Combustible Liquids. |
7. SP131-14 | Standard for Inspection, Repair and Modification of Shop-Fabricated Underground Tanks for Storage of Flammable and Combustible Liquids. |
Table 93.200−10
UL | Underwriters Laboratories Inc. 333 Pfingsten Road Northbrook, IL 60062−2096 |
Standard Reference Number | Title |
1. UL 142-06 | Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids. |
2. UL 971-95 | Nonmetallic Underground Piping for Flammable Liquids. |
3. UL 1746-07 | Standard for External Corrosion Protection Systems For Steel Underground Storage Tanks. |
4.UL 1856-13 | Outline of Investigation for Underground Fuel Tank Internal Retrofit Systems. |
5. UL 2080-00 | Standard for Fire Resistant Tanks for Flammable and Combustible Liquids. |
6. UL 2085-97 | Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids. |
7. UL 2258–10 | Nonmetallic Tanks for Oil−Burner Fuels and Other Combustible Liquids. |
Table 93.200−11
U.S. Department of Energy | U.S. Department of Energy |
Standard Reference Number | Title |
1. DOE/GO 102016-4854, February 2016 | Handbook for Handling, Storing, and Dispensing E85 and Other Ethanol-Gasoline Blends. |
2. DOE/GO 102016-4875, November 2016 | Biodiesel Handling and Use Guide: Fifth Edition (Revised). |
In the current ATCP 93, ATCP 93.200 (2) and ATCP 93.225 both addressed alternate standards. Since this led to confusion, ATCP 93.200 (2) will be repealed, and only ATCP 93.225 will discuss alternate standards.
Clarifications or Improvements to the Rule
Certain necessary changes do not fit the first six categories. These following changes meet that criterion.
In some cases, an industry standard changed, and DATCP quotes it more directly rather than incorporate it by reference. The rule changes reflect such industry changes throughout the new rule. The rule also permits DATCP discretion with certain variance applications; the new rule clarifies the process.
The word “deputy” has been eliminated throughout the rule to eliminate delegation and increase accountability [e.g. ATCP 93.050 (13) and ATCP 93.230 (2) (a)].
In various locations throughout the rule, the term “electronic interstitial monitoring” has been changed to “electronic pressure, vacuum, or liquid-filled interstitial monitoring” in order to clarify the term and definition.
A number of definitions in ATCP 93.050 had been previously identified as needing improvement in phrasing. Therefore, changes were made to subsections (10), (13), (15), (26), (29), (31), (45), (63), (64), (68), (71), (72), (73), (78), (88), (95), (101), (104), (105), (114), (115), (117), (120), and (122). In order to define terms used but not previously defined, the rule creates these definitions under subsections (43g), (43r), (54) Note., (121m), (127), and (128).
In ATCP 93.100 (Plan Review), small changes were made to the plan adoption and the plan review processes. For example, in ATCP 93.100 (3) (a) 4., fuels impacted by the plan review requirement were made more specific. Also, the plan review time changes from 15 to 20 business days to mirror other standards of the Bureau of Weights and Measures and to create consistency, and ATCP 93.100 (2) (c) 1. Note3. became subd. 1m. to demonstrate its importance.
Throughout the rule, ATCP 93 refers to “authorized agents.” Under the new rule, ATCP 93 will refer to “the authorized agent or the department.” ATCP 93.115 made numerous references to code officials that have been eliminated.
ATCP 93.140 (3) (am) requires proof of ownership as part of the tank registration procedure. ATCP 93.145 (2) requires that permits actually be obtained rather than simply applied for.
Due to specific concerns about ownership of tank systems differing from ownership of property, ATCP 93.150 (Change of ownership) has been amended and clarified. Subsection (5) has been deleted since DATCP has not traditionally enforced it.
DATCP also simplified and reconfigured the fees table, ATCP Table 93.1605.
DATCP wanted to prohibit certain practices expressly (falsifying records, removing or tampering with red tags, installing or removing tank systems without department approval, altering or disabling systems, failing to maintain permits or financial responsibility, and failure to comply with administrative orders). For this reason, Wis. Admin. Code § ATCP 93.175 (Prohibited Practices) has been created. In NIST Handbook 44, which is used for other DATCP Weights and Measures programs, DATCP can seek greater assistance from employees of the business during enforcement activities. As this is a best practice in regulation and in industry, ATCP 93 incorporates the concept as ATCP 93.230 (2) (b).
While ATCP 93.240 incorporates much of SPS 305 as mentioned under Reorganizational Changes, ATCP 93.240 (1) has been left largely unchanged; and ATCP 93.240 (10) was added to include enforcement actions for licenses, certificates, and registrations.
A cell in Table 93.260 (Setbacks) seemed ambiguous compared to other table rows and has been amended.
ATCP 93.370 (2) has been created to require annual testing of emergency electrical shutoffs.
A new note at the beginning of subchapter IV clarifies that the requirements in the subchapter are general and that more specific requirements may be found in subchapter III when applicable.
ATCP 93.400 (11) requires more documentation and better record keeping for general requirements of aboveground storage tanks.
ATCP 93.410 (1) (a) adds an extra prevention element for spill and overfill prevention.
ATCP 93.500 (8) contains clarification of sumps in underground storage tank systems.
ATCP 93.503 (2) and (3) contain clarifications of inventory verification.
ATCP 93.530 (2) (d) assures that lining should not simply be inspected but preauthorized, and paragraph (dm) makes sure a tank integrity assessment follows.
Since owners and operators may not communicate properly with contractors when closures occur, ATCP 93.560 has been changed to provide better documentation and easier inspection. This also required a change to ATCP 93.115 (Enforcement and Inspections) that would match the two.
Other safety concerns governed a number of proposed changes to the rule. ATCP 93.545 received a substantial rewrite due to the safety concerns of tanks that are not used frequently or that have been taken out of service and issues of non-compliance. Inconsistencies between ATCP 93.445 (Aboveground Storage Tanks) and ATCP 93.545 (Underground Storage Tanks) required resolution; and ATCP 93.565 creates a section on abandoned tank systems. Previously, abandoned tank systems were addressed in ATCP 93.560 (5) by requiring closure and removal, but the new rule clarifies and allows for returning to service specific types of abandoned tanks by creating and expanding the new section ATCP 93.565. To reduce risk at dispensers, ATCP 93.605 (3) (cm) proposes to ban combustible materials from being within three feet of a dispenser. ATCP 93.605 (8) states that distances from the National Fire Protection Association standards should be used. ATCP 93.615 (3) (b) 1. would now include portable containers. In ATCP 93.680 (2) through (4), the words “for ethanol blends” have been added to the titles to provide more specificity.
Summary of and Comparison with Existing or Proposed Federal Statutes and Regulations
DATCP incorporated new federal requirements and regulations from the U.S. Environmental Protection Agency (EPA). The federal government relies on many of the industry standards that DATCP proposes to adopt in the tables listed in ATCP 93.200. The EPA had a number of changes that will go into effect in October 2018. The new ATCP 93 harmonizes with the 2015 and 2018 requirements.
Federal regulations for both aboveground and underground storage tanks address groundwater and surface water protection. The planned rule changes are not expected to conflict with these federal regulations.
The new rule maintains the requirement that if a substance release qualifies to be reported under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that it be reported.
All federal financial requirements in the previous subchapter VII (Financial Responsibility) have been maintained.
Comparison with rules in adjacent States
In Minnesota, administrative rules governing a similar program may be found in the Minnesota Pollution Control Agency section (Minnesota rules part 7105, Underground Storage Tanks; Training; part 7150, Underground Storage Tanks; Program; and part 7151, Aboveground Storage of Liquid Substances). To a limited degree, the State Fire Marshal, working out of the Minnesota Department of Public Safety, promulgates other rules dealing with the safety of storage tanks. Minnesota currently plans to make changes to these rules. Minnesota officials anticipate a comment period in July 2018 and an effective date in Fall 2018.
Illinois has a similar program reflected in administrative rules found in the Illinois Fire Protection code section (Title 41), particularly 41 Ill. Adm. Code 172 to 180.
Iowa has a similar program as reflected in administrative rules found in code sections pertaining to the State Fire Marshal, particularly 661 Iowa Administrative Code sections 221 to 228. Other rules governing underground storage tanks appear in 567 Iowa Administrative Code sections 134 to 136, which pertain to the Iowa Department of Natural Resources. Revisions to the Natural Resources rules have been published for public comment, and Iowa expects to finalize this rulemaking in the spring of 2019.
Michigan has a similar program as reflected in rules within the administrative code sections pertaining to the Michigan Department of Licensing and Regulatory Affairs, particularly Mich. Administrative Code R 29.2101 to 29.2174, R 29.5601 to R 29.5917, and R29.6101 to R 29.6156.
Summary of Factual Data and Analytical Methodologies
To develop this rule, DATCP considered multiple changes recommended by the Wisconsin Department of Safety and Professional Services before the program transfer. An internal committee made a number of recommendations that were shared and then modified in three stages: A September 2011 meeting with the Wisconsin Petroleum Marketers and Convenience Store Association and the Cooperative Network; after a November 2011 Federal Register notice of proposed changes by the EPA; and other changes suggested before the program transferred to DATCP in 2013.
