The department received a number of comments from the Wisconsin Legislative Council Rules Clearinghouse and considered them.
The department held three hearings on the draft rule in February 2022:
—Prairie Oaks State Office Building in Madison on February 8, 2022;
—Outagamie County Courthouse in Appleton on February 15, 2022; and
—Zoom Virtual Hearing headquartered out of Madison on February 22, 2022.
After the final hearing, the department accepted formal written comments for an additional three weeks and closed the comment period on March 15, 2022. An internal committee considered all internal and external recommended changes.
Analysis and Supporting Documents used to Determine Effect on Small Business in Preparation of an Economic Impact Analysis
The effect on small business was determined by reviewing stakeholder input and internal discussion as to how the proposed changes would affect regulated industries. From August 31 to September 14, 2021, the fiscal estimate and regulatory flexibility analysis was posted on the department website. The department received no comments.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
This rule may impact businesses that sell or distribute petroleum and other liquid fuel products, either at wholesale or retail. These businesses are already regulated under the existing rule, but they may need to make minor changes to comply with updated requirements.
Many of the businesses affected by this rule are “small businesses.” However, given the subject matter, there are very few accommodations or special exceptions that can be made for small businesses by the department. Therefore, the department does not propose any.
The department briefed the Small Business Regulatory Review Board on the rule at its March 20, 2022 meeting.
A complete regulatory flexibility analysis is attached.
The department’s Regulatory Review Coordinator may be contacted by:
Telephone at (608) 224-5024
Standards Incorporated by Reference
This rule updates the ASTM standards incorporated by reference in Wis. Admin. Code s. ATCP 94.200 to reference the most current standards. This rule directly adopts individual ASTM standards at the time of approval by the DATCP Board. In some cases, the new rule adopts phrasing and definitions directly from these and other national standards. As required by Wis. Stat. ch. 227, consent has been received from the Attorney General to incorporate these standards by reference after the public hearings and prior to seeking the Governor’s assent to the final draft rule. A copy of these documents will be kept on file with the department and the Legislative Reference Bureau. Department Contact
David A. Woldseth
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
Where Comments May Be Submitted
David A. Woldseth
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
After the final hearing, the department accepted formal written comments for an additional three weeks and closed the public comment period on March 15, 2022.
RULE TEXT
Section 1. ATCP 94.100 (8) (b) is amended to read:
ATCP 94.100 (8) (b) Immediate shutdown to blend or remove liquid fuel products or wastes. Liquid fuel storage systems that contain wastes or products which fail to meet the operational and technical standards of this chapter shall be immediately shut down until a pump out or blend is completed under the supervision of a person with enforcement authority under this chapter. The system may be reopened as soon as the product contained in the tank is verified by a person with enforcement authority under this chapter as meeting this chapter’s operational and technical standards.
Section 2. ATCP 94.100 (8) (b) (Note) is created to read:
ATCP 94.100 (8) (b) Note: To obtain supervision of a person with enforcement authority under this chapter, contact the department. See the department website at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx for the contact information for the inspectors. Section 3. ATCP 94.100 (8) (c), (d), and (Note 1) are amended to read:
ATCP 94.100 (8) (c) Immediate shutdown after a prohibited act. Liquid fuel storage systems are subject to immediate shutdown after any corresponding violation of s. ATCP 94.400 (1) or (2) occurs. (c) Shutdown Immediate shutdown after failure to maintain records. Liquid fuel storage tank
systems are subject to immediate shutdown if corresponding inventory, delivery, or manifest records either
are inaccurate, incomplete, have been falsified, or are not available for inspection within 24 hours after (See PDF for image)
being requested by a person with enforcement authority under this chapter.
Note: Under sections ATCP 93.500 (9) and ATCP 94.330 (3) 94.340 (4), all product inventory records, including delivery receipts, must be kept at the site of a retail storage tank system for a duration of at least 10 years. Under sections ATCP 94.100 (5) and 94.330 (3) 94.340 (4), these records must be made available for inspection by the department. Section ATCP 93.500 (9) also requires maintaining several other types of records for retail storage tank systems. Section 4. ATCP 94.100 (8) (e) is repealed and recreated to read:
ATCP 94.100 (8) (e) Immediate shutdown for labeling discrepancies. Liquid fuel storage tank systems are subject to immediate shutdown if the product identification at the tank fill is labeled differently than the product identification at the device dispensing fuel from the tank.
Section 5. ATCP 94.100 (8) (f) and (g) are created to read:
ATCP 94.100 (8) (f) Shutdown after continued violation.
1. Tank systems or components are subject to shutdown for a continuing code violation under this chapter, provided all of the following conditions are met:
a An order, allowing a period for compliance of at least 15 days, is issued with a specific compliance date.
b. The reinspection made after the specified compliance date shows that compliance has not been
achieved.
