(2) (a) Except as provided in par. (b), the rules required under sub. (1) shall prohibit gasoline, automotive gasoline, gasoline-alcohol fuel blends, and reformulated gasoline, as defined in s.
285.37 (1), beginning on August 1, 2004, from containing more than 0.5%, by volume, of methyl tertiary-butyl ether.
(b) The rules required under sub. (1) shall not prohibit racing fuel used at racing events or in preparation for racing events from containing any amount of methyl tertiary-butyl ether.
(3) Except as otherwise provided in this section, rules promulgated under this section shall be in conformity with nationally recognized standards, specifications, and classifications, such as those published by the American Society for Testing and Materials, the Society of Automotive Engineers, and the U.S. Environmental Protection Agency. The department may not promulgate or enforce a rule prohibiting the placement of additional information on the dispensing device.
168.16 (4) The department may promulgate reasonable rules relating to the administration and enforcement of this subchapter.
168.23 Rules. (1) The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and facilities where the tanks 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 are federally regulated hazardous substances. The rule shall comply with ch.
160. The rule may include different standards for new and existing tanks, 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. The rule 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.
(2) The department may transfer any information which the department receives under sub. (1) 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 sub. (1), as confidential and shall not permit inspection or copying under s.
19.35 of any record containing the information.
(3) The rule promulgated under sub. (1) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration. The department may not require an individual who is eligible for the veterans fee waiver program under s.
45.44 to pay any fee that may be charged pursuant to such a rule.
(4) The department shall promulgate a rule specifying fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under sub. (3).
(5) (a) Subject to par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s.
168.21 (3), the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.
(b) Notwithstanding par. (a), an installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s.
168.21 (3), that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under par. (a).
168.28 (2) Inventory of storage tanks. The department shall undertake a program to inventory and determine the location of aboveground storage tanks and underground storage tanks. The department may require its deputies and any person engaged in the business of distributing petroleum products to provide information on the location of aboveground storage tanks and underground storage tanks.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.50 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearing,s and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all Entities that may be Impacted by the Rule
Businesses that design, install, inspect, or operate storage tank systems for flammable, combustible, or hazardous liquids may be impacted by this rule. This may include retail gasoline stations, fuel wholesalers or distributors, fleet operators, or farmers. It also may include petroleum equipment service companies and fire prevention inspectors.
This rule may also impact businesses that sell or distribute petroleum and other liquid fuel products; either at wholesale or retail. It may also impact businesses that manufacture, sell or distribute chemical liquids regulated under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). These businesses are already regulated under the existing rule, but there may be minor changes to the specific requirements.
If DATCP adopts the model regulations published in NIST Handbook 130, businesses that sell or distribute engine lubricants may be impacted. The current rule contains technical specifications and requirements for fuel, but not lubricant. The NIST Handbook 130 contains specifications for lubricants.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Federal regulations for aboveground storage tanks do not address fire and public safety issues or groundwater pollution issues, except for protecting potable water supply sources. Federal regulations for underground storage tanks do not address fire and public safety issues or surface water pollution issues, except for protecting potable water supply sources. The planned rule changes are not expected to conflict with these federal regulations.
The EPA regulates standards for gasoline in a number of ways. EPA regulates the amount of sulfur in gasoline and certain toxic substances that can be emitted when fuel is burned. EPA also mandates reformulated gasoline (RFG) in certain metropolitan areas. EPA also mandates that fuels sold during the summer meet certain Reid vapor pressure standards to reduce emissions that contribute to smog.
7. Anticipated Economic Impact
The proposed rule may have moderate economic impact statewide and locally. The majority of the proposed rule is limited to updating and reorganizing provisions in the current rule and therefore would have a minimal economic impact — if any at all. However, adopting more recent fuel quality standards may have a moderate economic impact on certain businesses within the petroleum industry.
8. Contact Person
Kevin LeRoy, Program and Policy Analyst, DATCP
Phone: (608) 224-4928
Safety and Professional Services
This statement of scope was approved by the Governor on October 15, 2013.
Rule No.
Relating to
Manufactured Homes and Manufactured Home Communities.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
This rulemaking is expected to include comprehensively reviewing and updating all of the Department's rules relating to manufactured homes and manufactured-home communities in order to make the rules consistent with contemporary industry and regulatory practices, any corresponding statutory and federal aspects, and Executive Order 61.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
These chapters currently contain all of the Department's rules relating to manufactured homes and manufactured-home communities. These rules include criteria for installation of manufactured homes, construction and operation of manufactured-home communities, and corresponding credentials and fees.
The alternatives of either partially updating or not updating these rules would be less beneficial to the entities affected by these rules.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.
Section
101.92 (3) requires the Department to annually review the rules adopted under subchapter V of chapter 101, which addresses manufactured homes and mobile homes.
Section
101.92 (9) requires the Department to promulgate rules for licensing manufactured-home dealers and salespersons, as required under sections 101.951 and 101.952.
Sections
101.9203 (3) and
101.921 (1) (a) infer that the Department may promulgate rules authorizing a nonresident owner of a manufactured home to apply for a certificate of title without the home being subject to a security interest or without having the dealer determine that a certificate is necessary to protect the interests of a secured party.
Section
101.921 (1) (b) infers that the Department may promulgate rules authorizing a manufactured-home dealer to apply for a certificate of title naming the dealer as the owner even though not all available spaces for a dealer's reassignment on a certificate have been completed.
Section
101.921 (1) (c) infers that the Department may promulgate rules exempting a manufactured home dealer from otherwise needing to apply for a certificate of title naming the dealer as the owner of a for-sale home when all of the available spaces for a dealer's reassignment on a certificate have been completed.
Section
101.935 (2) (c) 2. requires the Department to establish fees by rule for issuing operational permits relating to manufactured-home communities.
Section
101.935 (2m) (a) 2. requires the Department to define by rule the modifications of a manufactured-home community that trigger a required inspection by the Department.
Section
101.935 (3) authorizes the Department to promulgate rules for administering and enforcing the permit process that the section requires for manufactured-home communities.
Section
101.937 (1) requires the Department to promulgate rules establishing prescribed standards for providing water or sewer service to a manufactured-home-community occupant.
Section
101.95 requires the Department to promulgate rules prescribing how manufacturers become licensed to manufacture, distribute, or sell manufactured homes.
Sections
101.951 (2) (b) 1. and
(bm) require the Department to promulgate rules establishing the license period and fees for a dealer's license.
Section
101.951 (2) (b) 2. authorizes the Department to promulgate rules establishing a uniform expiration date for all dealer licenses.
Sections
101.952 (2) (b) 1. and
(bm) require the Department to promulgate rules establishing the license period and fees for a salesperson's license.
Section
101.952 (2) (b) 2. authorizes the Department to promulgate rules establishing a uniform expiration date for all salesperson's licenses.
Section
101.953 (1) (b) requires the Department to promulgate rules defining reasonable care and maintenance for a manufactured home.
Section
101.953 (1) (d) requires the Department to promulgate rules defining manufactured homes that are uninhabitable.
Section
101.957 requires the Department to promulgate rules establishing an alternative, non-judicial dispute resolution process for defects in a manufactured home or in its installation.
Sections
101.96 (1) (a) and
(b) require the Department to promulgate rules establishing standards for safe installation of manufactured homes, and for ensuring compliance with the standards.
Section
101.96 (1) (b) requires the Department to promulgate rules establishing prescribed criteria for licensure of third-party inspectors.
Sections
101.96 (2) (b) 6.,
(br) and
(c) require the Department to promulgate rules establishing standards of financial responsibility for installers; how to demonstrate adequate experience in installation, in lieu of passing a required examination; license terms; conditions for revoking or suspending licenses; and license fees.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Manufactured-home manufacturers, dealers, salespersons, installers, inspectors, and occupants, and owners or operators of manufactured-home communities.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Federal construction requirements that preempt state or local requirements for constructing manufactured homes are addressed in Title 42 of the United States Code under sections 5401 to 5425, and in Title 24 of the Code of Federal Regulations under Part 3280. Federal minimum, model installation requirements for manufactured homes are addressed in
24 CFR 3285. Any rule revisions resulting under this scope statement will not infringe on the federal construction requirements, and will not provide less protection than the federal minimum installation requirements.
No current federal regulations were found relating to construction or operation of manufactured-home communities.
No corresponding proposed federal regulations were found.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The rule changes contemplated in this project are not expected to have any negative economic impacts on any of the entities listed above.
9. Contact Person
Sam Rockweiler, Rules Coordinator
(608) 266-0797
Safety and Professional Services —
Dentistry Examining Board
This statement of scope was approved by the Governor on October 7, 2013.
Rule No.
Relating to
Patient Dental Record Retention.
Rule Type
Permanent.
