Rule-making notices
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (15) (h) to
(j) and
101.16, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 40, relating to gas systems.
The public hearing will be held as follows:
Date and Time:
Monday, June 28, 2004
10:00 a.m.
Location:
Room 3C, Thompson Commerce Center
201 West Washington Avenue
Madison
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until
July 12, 2004, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
racker@commerce.state.wi.us.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis Prepared by the Department of Commerce
General Summary
Under section
101.02 (15) (h) to
(j), Stats., the Department of Commerce has the authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Under section
101.16, Stats., the Department has the responsibility for developing rules specifically for the storage, handling and use of liquefied petroleum gas. Chapter
Comm 40 currently contains minimum safety standards for the design, construction, installation, operation, inspection, repair and maintenance of liquefied petroleum gas systems, liquefied natural gas systems, and compressed natural gas systems. The proposed rules consist of an update of chapter Comm 40.
Detailed Summary
The following listing is a summary of the major changes in the proposed rules.
1. Adding gaseous hydrogen systems and liquefied hydrogen systems to the definition of gas systems. [SECTION 2]
2. Revising the requirements relating to the submittal information for plan examination. [SECTION 4]
3. Clarifying that 2 site inspections are included with the plan examination and inspection fees submitted in accordance with the fee schedule. [SECTION 7]
4. Adding a new rule for the reporting of accidents. [SECTION 8]
5. Updating the national standards currently incorporated by reference and deleting the standard for recreational vehicles. [SECTION 9]
6. Adding new National Fire Protection Association (NFPA) standards for gaseous hydrogen systems and liquefied hydrogen systems. [SECTION 10]
7. Applying the secondhand pressure vessel rules to all gas systems instead of only liquefied petroleum gas systems. [SECTION 15]
8. Requiring plan approval for liquefied natural gas installations where the aggregate water capacity will be 4000 gallons or larger. [SECTION 16]
9. Adding new subchapters for gaseous hydrogen facilities and liquefied hydrogen facilities. [SECTION 19]
Federal Comparison
An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to liquefied petroleum gas, liquefied natural gas, compressed natural gas, gaseous hydrogen, and liquefied hydrogen as covered in the proposed update of chapter Comm 40.
• 29 CFR 1910.110 -- Storage and Handling of Liquefied Petroleum Gases. This regulation in the federal Department of Labor applies to the design, construction, location, installation and operation of liquefied petroleum gas systems.
• 33 CFR 127 Subpart B -- Waterfront Facilities Handling Liquefied Natural Gas. This regulation in the federal Department of Homeland Security applies to the marine transfer area of waterfront facilities handling liquefied natural gas.
• 29 CFR 1910.103 -- Hydrogen. This regulation in the federal Department of Labor applies to the installation of gaseous hydrogen systems and liquefied hydrogen systems on consumer premises.
These federal regulations appear to be very similar to the proposed rules. In addition to containing specific requirements for the various gas systems, the federal regulations incorporate by reference several national standards published by the NFPA, the American National Standards Institute, the Compressed Gas Association, and the American Society of Mechanical Engineers.
An Internet-based search of the 2003 and 2004 issues of the Federal Register did not find any proposed regulations relating to gas systems as covered in the proposed update of chapter Comm 40.
State Comparison
An Internet-based search of adjacent states' rules found the following regulations that include requirements relating to liquefied petroleum gas, liquefied natural gas, compressed natural gas, gaseous hydrogen, and liquefied hydrogen.
•
Minnesota incorporates by reference the 2000 edition of the International Fire Code (IFC) into the Minnesota State Fire Code. The IFC references NFPA standard numbers 50A, 50B, 52, 58 and 59A. These are the same NFPA standards that are included in the proposed rules.
•
Michigan's Department of Environmental Quality administers rules relating to liquefied petroleum gas and liquefied natural gas. These rules adopt NFPA 58 and NFPA 59A. Michigan's Department of Consumer and Industry Services administers rules for compressed natural gas and hydrogen. These rules adopt NFPA 52 and federal Occupational Safety and Health Administration regulations
29 CFR 1910.103 for gaseous and liquefied hydrogen. These regulations cover the same gas systems as the proposed rules.
•
Iowa's Division of the State Fire Marshal is responsible for the regulation of liquefied petroleum gas and liquefied natural gas in Iowa Administrative Code Chapter
51. That chapter adopts by reference NFPA standard numbers 54, 58 and 59A. The state of Iowa does not have rules for compressed natural gas or hydrogen.
•
Illinois' Office of the State Fire Marshal has adopted rules relating to liquefied petroleum gas under Title 41, Chapter I Part 200. That part incorporates by reference NFPA standard numbers 54, 58, 59 and 501C, and API standard 2510. The state of Illinois does not have rules for liquefied natural gas, compressed natural gas or hydrogen.
Advisory Council
The proposed rules have been developed with the assistance of the Gas Systems Code Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
Ed Aldridge Growmark, Inc.
Bruce Barganz Wisconsin Fertilizer & Chemical Assn.
Tim Clay Wisconsin Federation of Cooperatives
David A. Duey ANGI International
Kingsley H. Forbes National Propane Gas Association
Art Herschberger Wisconsin Propane Gas Association
Gary Puljas Wisconsin Fire Inspectors Association
Gene Reece Wisconsin State Fire Chiefs Association
Timothy Temperly City of Milwaukee
