SB459: Bill Text

LRB-0954/2

MGG:kjf:rs

2009 - 2010 LEGISLATURE

2009 Senate BILL 459

January 14, 2010 - Introduced by Law Revision Committee. Referred to Committee on Commerce, Utilities, Energy, and Rail.

SB459,1,9 An Act to renumber and amend 101.142 (1) (a); to amend 20.143 (3) (dm), 101.09 (1) (a), 101.09 (1) (b), 101.09 (2) (title), 101.09 (2) (a), 101.09 (2) (b), 101.09 (2) (c), 101.09 (2) (cm) (intro.), 101.09 (3) (a), 101.09 (3) (b), 101.09 (3) (c), 101.09 (3) (d), 101.142 (title), 101.142 (1) (b) and 101.142 (2); and to create 101.09 (1) (cm) and 101.142 (1) (a) 2. of the statutes; relating to: storing certain flammable, combustible, and hazardous liquids and maintaining an inventory of storage tanks containing petroleum products and certain hazardous substances (suggested as remedial legislation by the Department of Commerce).

Analysis by the Legislative Reference Bureau

Under current law, the Department of Commerce (Commerce) promulgates rules regulating the installation, abandonment, and maintenance of movable tanks and tanks at fixed locations that contain flammable or combustible liquids or federally regulated hazardous substances. Under current law, a "flammable liquid" is defined as a liquid having a flash point below 100 degrees Fahrenheit, and a "combustible liquid" is defined as having a flash point at or above 100 degrees Fahrenheit and below 200 degrees Fahrenheit. This bill eliminates the 200-degree maximum so that any liquid with a flash point at or above 100 degrees Fahrenheit is defined to be a "combustible liquid." Under current law, aboveground tanks that hold less than 5,000 gallons are exempt from these rules. The bill lowers the capacity amount to 110 gallons.

Current law also requires Commerce to maintain an inventory of aboveground and underground tanks at fixed locations that have a capacity in excess of 60 gallons. This bill increases the 60-gallon requirement to 110 gallons for aboveground storage tanks. Under current law, only fixed tanks containing petroleum products are required to be inventoried. Under the bill, fixed tanks containing substances that are covered under federal rules regulating underground storage tanks are also subject to this inventory requirement.

Under current administrative rules, Commerce requires certification for persons who work with tanks that hold flammable or combustible liquids or hazardous substances. This bill authorizes Commerce to promulgate rules requiring that persons who install, test, or maintain systems on these tanks to prevent corrosion also be certified.

For further information, see the Notes provided by the Law Revision Committee of the Joint Legislative Council.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Law Revision Committee prefatory note: This bill is a remedial legislation proposal, requested by the Department of Commerce and introduced by the Law Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of the various provisions of the bill, the Law Revision Committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

SB459, s. 1 Section 1. 20.143 (3) (dm) of the statutes is amended to read:

SB459,2,4 20.143 (3) (dm) Storage tank inventory. The amounts in the schedule to conduct an inventory of aboveground petroleum product storage tanks and unused underground petroleum product storage tanks under s. 101.142.

SB459, s. 2 Section 2. 101.09 (1) (a) of the statutes is amended to read:

SB459,2,7 101.09 (1) (a) "Combustible liquid" means a liquid having a flash point at or above 100 degrees fahrenheit and below 200 degrees fahrenheit Fahrenheit.

Note: According to the Department of Commerce, the current definition conflicts with applicable federal regulations, which do not include an upper temperature limit for liquids that must be regulated as being combustible. See 40 CFR 280.10.

SB459, s. 3 Section 3. 101.09 (1) (b) of the statutes is amended to read:

SB459,3,3 101.09 (1) (b) "Flammable liquid" means a liquid having a flash point below 100 degrees fahrenheit Fahrenheit.

SB459, s. 4 Section 4. 101.09 (1) (cm) of the statutes is created to read:

SB459,3,6 101.09 (1) (cm) "Tank system" means a tank and its associated piping and equipment.

SB459, s. 5 Section 5. 101.09 (2) (title) of the statutes is amended to read:

SB459,3,8 101.09 (2) (title) Storage tanks tank systems.

SB459, s. 6 Section 6. 101.09 (2) (a) of the statutes is amended to read:

SB459,3,13 101.09 (2) (a) Except as provided under pars. (b) to (d), every person who constructs, owns or controls a tank system for the storage, handling or use of liquid that is flammable or combustible or that is a federally regulated hazardous substance shall comply with the standards adopted under sub. (3).

SB459, s. 7 Section 7. 101.09 (2) (b) of the statutes is amended to read:

SB459,3,16 101.09 (2) (b) This section does not apply to storage tanks tank systems which require a hazardous waste license under s. 291.25.

SB459, s. 8 Section 8. 101.09 (2) (c) of the statutes is amended to read:

SB459,3,20 101.09 (2) (c) This section does not apply to storage tanks tank systems which are installed above ground level and which are less than 5,000 110 gallons in capacity.

Note: According to the Department of Commerce, since 1991 ch. Comm 10, Wis. Adm. Code, has applied the department's fire and environmental protection requirements to all underground tanks and to aboveground tanks as small as 110 gallons, in compliance with federal regulations. The current reference to aboveground tanks less than 5,000 gallons is thus outdated.

SB459, s. 9 Section 9. 101.09 (2) (cm) (intro.) of the statutes is amended to read:

SB459,4,4 101.09 (2) (cm) (intro.) Any rules promulgated under sub. (3) requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment system to prevent an inadvertent release of a stored substance liquid do not apply to storage tanks tank systems that satisfy all of the following:

SB459, s. 10 Section 10 . 101.09 (3) (a) of the statutes is amended to read:

SB459,4,16 101.09 (3) (a) The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks tank systems for the storage, handling, or use of liquids that are flammable or combustible or that are federally regulated hazardous substances, and to the property and facilities where the tanks tank systems are located, for the purpose of protecting the waters of the state from harm due to contamination by liquids that are flammable or combustible or that are federally regulated hazardous substances. The rule shall comply with ch. 160. The rule may include different standards for new and existing tanks tank systems, but all standards shall provide substantially similar protection for the waters of the state. The rule shall include maintenance requirements related to the detection and prevention of leaks.

SB459,4,20 (am) The rule promulgated under par. (a) may require any person supplying heating oil to any noncommercial storage tank for consumptive use on the premises to submit to the department, within 30 days after the department requests, the location, contents and size of any such tank.

SB459, s. 11 Section 11 . 101.09 (3) (b) of the statutes is amended to read:

SB459,5,3 101.09 (3) (b) The department may transfer any information which the department receives under par. (a) (am) to any other agency or governmental unit. The department and any such agency shall treat the name of the owner and the location of any noncommercial storage tank which stores heating oil for consumptive use on the premises, required to be submitted to the department under par. (a) (am), as confidential and shall not permit inspection or copying under s. 19.35 of any record containing the information.

Note: Sections 10 and 11 reorganize s. 101.09 (3) (a) and (b), stats., to distinguish regulation of home heating oil tanks from other tanks.

SB459, s. 12 Section 12. 101.09 (3) (c) of the statutes is amended to read:

SB459,5,10 101.09 (3) (c) The rule promulgated under par. (a) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on, and inspect tanks tank systems; persons who design, install, test, and maintain cathodic protection systems for tank systems; and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.

Note: The addition of persons who design, install, test, and maintain cathodic protection systems for tank systems is, according to the Department of Commerce, consistent with applicable federal regulations (see 40 CFR 280.12) and with administrative rules recently promulgated by the department.

SB459, s. 13 Section 13. 101.09 (3) (d) of the statutes is amended to read:

SB459,5,16 101.09 (3) (d) The department shall promulgate a rule specifying fees for plan review and inspection of tanks tank systems for the storage, handling, or use of flammable or combustible liquids that are flammable or combustible or that are federally regulated hazardous substances and for any certification or registration required under par. (c).

SB459, s. 14 Section 14. 101.142 (title) of the statutes is amended to read:

SB459,5,19 101.142 (title) Inventory of petroleum product storage tanks for certain regulated products.

SB459, s. 15 Section 15 . 101.142 (1) (a) of the statutes is renumbered 101.142 (1) (a) (intro.) and amended to read:

SB459,6,2 101.142 (1) (a) (intro.) "Petroleum Regulated product" means materials any of the following: