Iowa has a similar program as reflected in administrative rules found in code sections pertaining to the State Fire Marshal, particularly 661 Iowa Administrative Code sections 221 to 228. Other rules governing underground storage tanks appear in 567 Iowa Administrative Code sections 134 to 136, which pertain to the Iowa Department of Natural Resources.
Michigan
Michigan has a similar program as reflected in rules within the administrative code sections pertaining to the Michigan Department of Licensing and Regulatory Affairs, particularly Mich. Administrative Code R 29.2101 to 29.2174, R 29.5601 to R 29.5917, and R29.6101 to R 29.6156.
Minnesota
In Minnesota, administrative rules governing a similar program may be found in the Minnesota Pollution Control Agency section (Minnesota rules part 7105, Underground Storage Tanks; Training; part 7150, Underground Storage Tanks; Program; and part 7151, Aboveground Storage of Liquid Substances). To a limited degree, the State Fire Marshal, working out of the Minnesota Department of Public Safety, promulgates other rules dealing with the safety of storage tanks.
Summary of Factual Data and Analytical Methodologies
To develop this rule, the department reviewed all standards that had been updated since the prior rule revision. As this is a technical rule revision, no analyses needed to be done outside review of these standards.
Analysis and Supporting Documents used to Determine Effect on Small Business in Preparation of an Economic Impact Analysis
Chapter ATCP 93 incorporates approximately 75 standards by reference in the tables in § 200. Dependent on the nature of the entity, a business may need to purchase or access some of these standards but not all. Because the EPA requires many of the same standards, some businesses would likely bear this cost regardless of whether ch. ATCP 93 requires them or not. The cost of the updated standards cannot be determined because it would depend on individual buying decisions and circumstances of the regulated businesses and industries. For regulatory purposes, the State needs to purchase all standards. DATCP anticipates it will spend $15,578 for standard purchase plus the shipping and handling. Reference copies for the Legislative Reference Bureau will double the costs. Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
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 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 (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 will accept formal written comments for an additional two weeks.
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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
