CR 24-034 Rule Text

Standards Incorporated by Reference

This rule updates numerous standards incorporated by reference to the most current standards. As required by Wis. Stat. ch. 227, consent will be 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 with 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 [phone]

E-Mail: [e-mail]

Where Comments May Be Submitted

David A. Woldseth

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone [phone]

E-Mail: [e-mail]

After the final hearing, the department will accept formal written comments for an additional two weeks.

___________________________________________________________________________  

RULE TEXT

Section 1. ATCP 93.020 (6) (b) is amended to read:

(b) Aboveground storage tanks and intermediate bulk containers that have a capacity of less than 110 5,000 gallons.

Section 2. ATCP 93.050 (1) is amended to read:

(1) “Aboveground storage tank” or “AST” means any vessel that has a liquid capacity of 110 5,000 gallons or more, is intended for fixed installation, is not solely used for processing and does not meet the definition of an underground storage tank.

Section 3. ATCP 93.050 (59) is repealed.

Section 4. ATCP 93.050 (66) is amended to read:

(66) “Local program operator” or “LPO” means an a public entity, either public or private, under contract with the department to enforce the provisions of this chapter and provide tank system plan review and inspection services in a specific region of the state.

Section 5. ATCP 93.050 (114) (k) is amended to read:

(k) “Portable tank” means an aboveground closed vessel that has a liquid capacity of 110 5,000 gallons or more; is not otherwise defined in this chapter; is equipped with skids, mountings or accessories to facilitate handling of the tank by mechanical means; and is not intended for fixed installation or for highway vehicle fueling. “Portable tank” includes intermediate bulk containers.

Section 6. ATCP 93.100 (1) (b) 1., 3., 9., and 9. (Note) are repealed.

Section 7. ATCP 93.110 (1) (a) is amended to read:

(1) DEPARTMENT APPROVAL OF LPO. (a) With the approval of the chief elected municipal official, the municipality shall determine if a municipal department or other agent approved by the department will exercise jurisdiction over the provisions of this chapter as the local program operator.

Section 8. ATCP 93.140 (1) is amended to read:

(1)  General. All new and existing storage tanks that are used to store a regulated substance shall be registered with the department, except this requirement does not apply to any of the following tanks:

(a) Aboveground tanks which have a capacity of less than 1,100 5,000 gallons. and which have any of the following characteristics:

1. Are farm tanks, or are located at and serve a construction project.

2. Are used to store heating oil or used oil, for consumptive use on the premises.

Note: Tanks that are not exempt from registration requirements under this paragraph include tanks which store heating oil as a backup fuel for natural gas-fired boilers.

3. Are used to store Class IIIB liquids other than used oil.

Note: There is no exemption for used oil unless it is consumed on the premises where stored. Therefore used-oil storage tanks that have a capacity of 110 gallons or more must be registered.

4. Are located inside a building and are used for industrial processes, if that use occurs through piping which connects the tank to the process.

(b) Aboveground tanks which are used to store nonflammable or noncombustible federally regulated hazardous substances and which have a capacity of less than 5,000 gallons.

Note: The list of federally regulated hazardous substances covered in this subchapter, also known as the CERCLA List, is located in 40 CFR 302.4, Table 302.4.

Note: Registration is not required for aboveground or underground tanks that are used to store nonflammable and noncombustible federally regulated hazardous substances in concentrations of less than 1 percent by volume, because s. ATCP 93.020 (6) (o) excludes those tanks from this chapter.

(c) Tank vehicles.

(d) Tank wagons, portable tanks, and movable tanks that are located on a property for less than 24 months.

(e) Tanks that are located at an EPA superfund site.

Note: Per Wisconsin statutes, eligibility for Petroleum Environmental Cleanup Fund Act (PECFA) funds is conditioned upon prior tank registration.

Section 9. Table ATCP 93.1605 is amended to read:

Table 93.1605

Plan Examination and Inspection Fees for Liquid Storage Tanks

Tank System Category

Plan Review Fee*

Installation Inspection Fee

Plan Revision Fee

Reinspection Fee

Aggregate capacity of aboveground storage tanks equal to or less than 1,100 gallons installed on a farm premises with inspection in 5 days or less

$0

$75

$0

$0

Aggregate capacity of aboveground storage tanks equal to or less than 1,100 gallons installed on a farm premises with inspection in 2 days or less

$0

$100

$0

$0

Aggregate capacity equal to or less than 1,100 gallons

$60

$100

$100

$100

Aggregate capacity 1,101 gallons through 48,000 gallons capacity

$125

$250

$100

$100

Aggregate capacity 48,001 gallons through 80,000 gallons capacity

$150

$300

$100

$100

Aggregate capacity 80,001 gallons through 120,000 gallons capacity

$180

$450

$120

$150

Aggregate capacity 120,001 gallons capacity or greater

$360

$600

$150

$200

Addition of corrosion protection to an existing system

$35

$100

$100

$100

Conversion of existing system to a point−of−sale (POS) type of dispensing system**

$35

$100

$100

$100

Underground storage tank pre−lining inspection

Aggregate as above

$50/tank

$100

$100

Upgrade, exchange or conversion of existing leak detection methodology to another approved methodology or manufacturer***

$35

$100

$100

$100

Upgrade of secondary containment only, for tanks

$150

$100

$100

$100

Installation or modification of vent piping on existing system

$60

$100

$100

$100

Section 10. ATCP 93.200 is amended to read:

ATCP 93.200 Adoption of standards. The standards listed in Tables 93.200−1 to 93.200−11 are incorporated by reference into this chapter.

Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standards may be purchased through the respective organizations listed in Tables 93.200−1 to 93.200−11.

Table 93.200−1

ACI American Concrete Institute PO Box 9094 Farmington Hills, MI 48333

Standard Reference Number

Title

350.2R–04, except for section 6.3 ACI PRC-350.2-21

Concrete Structures for Containment of Hazardous Materials Hazardous Material Containment in Concrete Structures

Table 93.200−2

API American Petroleum Institute 1220 L Street, NW Washington, DC 20005

Standard Reference Number

Title

1. 570 (4th edition, 2016)

Piping Inspection Code: In−service Inspection, Rating, Repair, Alteration, and Rerating of In−service Piping Systems

2. RP 575−14 20 (3rd 4th edition, 2014 2020)

Guidelines and Methods for Inspection of Existing Atmospheric and Low−pressure Storage Tanks

3. Std 650−20 With addenda 1 and 2 (13th edition, 2020)

Welded Steel Tanks for Oil Storage

4. RP 651 (4th edition, 2014)

Cathodic Protection of Aboveground Petroleum Storage Tanks

5. RP 652 (4th 5th edition, 2014 2020)

Lining of Aboveground Petroleum Storage Tank Bottoms

6. Std 653 (5th edition, 2014)

Tank Inspection, Repair, Alteration, and Reconstruction

9. RP 1604 (3rd 4th edition, 1996 2021)

Closure of Underground Petroleum Storage Tanks

10. RP 1615 (6th edition, 2011)

Installation of Underground Petroleum Storage Systems, Sixth Edition

11. RP 1621 (5th edition, 1993)

Bulk Liquid Stock Control at Retail Outlets

12. RP 1626 [2nd edition, 2010 (with errata and addendum)]

Storing and Handling Ethanol and Gasoline−Ethanol Blends at Distribution Terminals and Filling Stations

13. RP 1631 (Fifth edition, 2001)

Interior Lining and Periodic Inspection of Underground Storage Tanks

14. RP 1632 (3rd edition, 1996, R 2010)

Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems

15. RP 1637 (3rd 4th edition, 2006 2020)

Using the API Color−Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals

16. Std 2000 (7th edition, 2014)

Venting Atmospheric and Low−Pressure Storage Tanks

17. Std 2015 (8th edition, 2018)

Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks

18. RP 2200 (5th edition, 2015)

Repairing Hazardous Liquid Pipelines

19. Std 2350 (4th 5th edition, 2012 2020)

Overfill Protection for Storage Tanks in Petroleum Facilities

20. Std 2610 (2nd 3rd edition, 2005 2018)

Design, Construction, Operation, Maintenance, and Inspection of Terminal and Tank Facilities

Table 93.200−3

ASTM ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428

Standard Reference Number

Title

G158−98 (2016 2021)

Standard Guide for Three Methods of Assessing Buried Steel Tanks

Table 93.200−3j

EI Energy Institute 61 New Cavendish Street London W1G 7AR, UK

Standard Reference Number

Title

1. EI 1529 (7th edition, 2014)

Aviation fuelling hose and hose assemblies

2. EI 1542 (9th edition, 2012)

Identification markings for dedicated aviation fuel manufacturing and distribution facilities, airport storage and mobile fuelling equipment

Table 93.200−3r

HIR Technical Services H.I.R. Technical Services P.O. Box 611 Titusville, PA 16354

Standard Reference Number

Title

HIR FTV RP 2007

In−service Inspection of Aboveground Atmospheric Fiberglass Reinforced Plastic Tanks and Vessels

Table 93.200−4

KWA Ken Wilcox Associates 1125 Valley Ridge Drive Grain Valley, MO 64029

Standard Reference Number

Title

1999 Version

Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera

Table 93.200−5

NACE NACE International 1440 South Creek Drive Houston, TX 77084−4906

Standard Reference Number

Title

1. SP0169−2013

Control of External Corrosion on Underground or Submerged Metallic Piping Systems

2. SP0178−2007

Design, Fabrication, and Surface Finish Practices for Tanks and Vessels to Be Lined for Immersion Service

3. SP0188−2006

Discontinuity (Holiday) Testing of New Protective Coatings on Conductive Substrates

4. SP0193−2016

Application of Cathodic Protection to Control External Cathodic Protection of Carbon Steel On−Grade Storage Tank Bottoms

5. SP0285−2011 2021

External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection

6. SP0286−2007

Electrical Isolation of Cathodically Protected Pipelines

6m. TM0101−2012

Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems

7. TM0497−2012 2022

Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems

Table 93.200−6

NFPA® National Fire Protection Association® One Batterymarch Park Quincy, MA 02269

Standard Reference Number

Title

1. 10 (2018 2022)

Standard for Portable Fire Extinguishers

1m. 20 (2016 2022)

Standard for the Installation of Stationary Pumps for Fire Protection

2. 30 (2018 2021)

Flammable and Combustible Liquids Code

3. 30A (2018 2021)

Code for Motor Fuel Dispensing Facilities and Repair Garages

4. 30B (2015 2019)

Code for the Manufacture and Storage of Aerosol Products

5. 31 (2016 2020)

Standard for the Installation of Oil−Burning Equipment

5m. 35 (2016 2021)

Standard for the Manufacture of Organic Coatings

6. 37 (2018 2021)

Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines

7. 68 (2018)

Standard on Explosion Protection by Deflagration Venting

8. 110 (2016 2022)

Standard for Emergency and Standby Power Systems

9. 326 (2015 2020)

Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair

10. 385 (2017 2022)

Standard for Tank Vehicles for Flammable and Combustible Liquids

11. 407 (2017 2022)

Standard for Aircraft Fuel Servicing

12. 410 (2015 2020) - Chapter 6 only

Standard on Aircraft Maintenance

13. 418 (2016 2021)

Standard for Heliports

14. 704 (2017 2022)

Standard System for the Identification of the Hazards of Materials for Emergency Response

Table 93.200−7