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ATCP 93.800 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.805 ATCP 93.805 Scope. This subchapter applies to all underground storage tank systems that are required by s. ATCP 93.145 to have a permit to operate from the department.
ATCP 93.805 Note Note: This subchapter generally does not specify operation or maintenance requirements. For applicable operation or maintenance requirements, refer to previous sections of this chapter, such as s. ATCP 93.605 (1) (a), which requires fuel dispensing facilities to have periodic and annual inspections and maintenance in accordance with PEI RP500 and RP900.
ATCP 93.805 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.810 ATCP 93.810 Definitions. In this subchapter:
ATCP 93.810(1) (1) “ Class A operator” means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements. The Class A operator typically manages resources and personnel, such as establishing work assignments to achieve and maintain compliance with regulatory requirements.
ATCP 93.810 Note Note: In general, this individual focuses on the broader aspects of the statutory and regulatory requirements and standards necessary to properly operate and maintain an underground storage tank system, such as the requirements in 40 CFR 280 and this chapter.
ATCP 93.810(2) (2) “ Class B operator” means the individual who has day-to-day responsibility for implementing applicable regulatory requirements. The Class B operator typically implements in-field aspects of operation, maintenance, and record keeping for the UST system.
ATCP 93.810 Note Note: This individual generally focuses on field implementation of applicable UST requirements and the day-to-day aspects of operating, maintaining, and record keeping for USTs at one or more facilities.
ATCP 93.810(3) (3) “ Class C operator” means the individual responsible for initially addressing emergencies presented by a spill or release from an UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances.
ATCP 93.810 Note Note: This individual typically is the first line of response to alarms and to events indicating emergency conditions. Not all employees of the facility are necessarily Class C operators.
ATCP 93.810 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.820 ATCP 93.820 Designation of Class A, Class B, and Class C operators.
ATCP 93.820(1)(1)Each new or existing underground storage tank system or group of underground storage tank systems at a facility shall have a Class A operator, a Class B operator, and a Class C operator, as designated by the owner or operator and as accredited in accordance with this subchapter.
ATCP 93.820 Note Note: This subchapter does not preclude any individual from being designated to more than one of the operator classes, provided the individual complies with the requirements for each designated class.
ATCP 93.820 Note Note: This subchapter does not preclude any individual from being a designated operator for more than one facility that includes an underground storage tank system.
ATCP 93.820 Note Note: This subchapter does not preclude an owner or operator from contracting with another party to provide Class A, Class B, and Class C operators.
ATCP 93.820 Note Note: There may be occasions when a Class A, Class B, or Class C operator will not be present at a facility. For example, operators are frequently not present at unmanned facilities, such as emergency generators at telecommunication towers and card lock/card access facilities. However, these operators are still responsible for operation and maintenance activities or responding to emergencies or alarms and are still subject to the requirements of this subchapter.
ATCP 93.820(3) (3) If the owner and operator of the tank system are separate persons, either the owner or operator may designate the Class A, Class B, and Class C operators at the facility, but both the owner and the operator are under the same responsibility under this section to ensure that Class A, Class B, and Class C operators are designated.
ATCP 93.820 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; (1) (title) repealed under s. 13.92 (4) (b) 2., Stats., Register October 2019 No. 766.
ATCP 93.830 ATCP 93.830 Responsibilities of Class A, Class B, and Class C operators.
ATCP 93.830(1)(1)Class A operators. Responsibilities of a Class A operator include all of the following:
ATCP 93.830(1)(a) (a) Compliance with tank system registration and permit to operate requirements.
ATCP 93.830(1)(b) (b) Managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.
ATCP 93.830(1)(c) (c) Ensuring that appropriate individuals do all of the following:
ATCP 93.830(1)(c)1. 1. Properly operate and maintain the underground storage tank system.
ATCP 93.830(1)(c)2. 2. Maintain appropriate records.
ATCP 93.830(1)(c)3. 3. Receive training to operate and maintain the underground storage tank system and keep records.
ATCP 93.830(1)(c)4. 4. Properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.
ATCP 93.830(1)(c)5. 5. Make financial responsibility documents available to the authorized agent or the department as required.
ATCP 93.830(2) (2)Class B operators. Responsibilities of a Class B operator include ensuring that all of the following occur:
ATCP 93.830(2)(a) (a) Requirements for leak or release detection methods, record keeping, and reporting are met.
ATCP 93.830(2)(b) (b) Requirements for leak or release prevention equipment, record keeping, and reporting are met.
ATCP 93.830(2)(c) (c) All relevant equipment complies with performance standards.
ATCP 93.830(2)(cm) (cm) Monthly periodic inspections required under PEI RP 500 and RP 900 per ss. ATCP 93.500 (8) and ATCP 93.605 (1) are performed or reviewed monthly by a Class B operator.
ATCP 93.830(2)(d) (d) Appropriate individuals are trained to properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.
ATCP 93.830(2)(e) (e) All Class C operators are provided with training and written instructions that include all of the following:
ATCP 93.830(2)(e)1. 1. Emergency response procedures, including all of the following:
ATCP 93.830(2)(e)1.a. a. Procedures for overfill protection during delivery of regulated substances.
ATCP 93.830(2)(e)1.b. b. Operation of emergency shut-off systems.
ATCP 93.830(2)(e)1.c. c. Appropriate responses to all alarms.
ATCP 93.830(2)(e)1.d. d. Reporting of leaks, spills and releases.
ATCP 93.830(2)(e)1.e. e. Any site-specific emergency procedures.
ATCP 93.830(2)(e)2. 2. The name and other information needed for contacting appropriate parties if a leak, spill, release, or alarm occurs.
ATCP 93.830(2)(f)1.1. A Class C operator is present during all operating hours of the underground storage tank system, except as provided in subd. 2.
ATCP 93.830(2)(f)2.a.a. For fueling facilities which are attended as specified in s. ATCP 93.605 (5) (a) and which include hours of operation when no attendant is on duty, a sign shall be posted in a conspicuous place, stating the emergency shutoff procedures and the name and telephone number of the Class B operator, along with the name and telephone number of the local emergency responders, including 911 personnel.
ATCP 93.830 Note Note: Section ATCP 93.605 (5) (a) reads as follows: To be considered as being an attended fueling facility, there shall be at least one attendant regularly on duty on a daily basis, but not necessarily during all hours of operation, to supervise, observe, and control the actual dispensing of fuel.
ATCP 93.830(2)(f)2.b. b. For fueling facilities that are not attended as specified in s. ATCP 93.605 (5) (a), signage shall be posted in accordance with the location and information requirements in subd. 2. a.
ATCP 93.830(2)(f)2.c. c. For facilities which are not addressed in subd. 2. a. or b. and which typically are unmanned, such as emergency generators, signage shall be posted in accordance with the location and information requirements in subd. 2. a.
ATCP 93.830(3) (3)Class C operators. Responsibilities of a Class C operator include all of the following:
ATCP 93.830(3)(a) (a) Initially responding to alarms, spills, leaks, or releases.
ATCP 93.830(3)(b) (b) Notifying the Class B or Class A operator and appropriate emergency responders, including 911 personnel, when necessary.
ATCP 93.830(3)(c) (c) Controlling or monitoring the dispensing or sale of regulated substances.
ATCP 93.830 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.840 ATCP 93.840 Training elements for Class A operators. Each Class A operator shall attend department-approved training in all of the following:
ATCP 93.840(1) (1) Basic underground storage tank system requirements, so that the operator can make informed decisions regarding compliance and ensure appropriate individuals are fulfilling operation, maintenance, and record keeping requirements and standards of this chapter regarding all of the following:
ATCP 93.840(1)(a) (a) Spill prevention.
ATCP 93.840(1)(b) (b) Overfill prevention.
ATCP 93.840(1)(c) (c) Leak and release detection.
ATCP 93.840(1)(d) (d) Corrosion protection.
ATCP 93.840(1)(e) (e) Emergency response.
ATCP 93.840(1)(f) (f) Product compatibility.
ATCP 93.840(1m) (1m) Tank registration and permitting requirements.
ATCP 93.840(2) (2) Financial responsibility documentation requirements.
ATCP 93.840(3) (3) Notification requirements.
ATCP 93.840(4) (4) Requirements for reporting obvious and suspected releases.
ATCP 93.840(5) (5) Requirements for permanently closing a tank system and for placing a tank system temporarily out of service.
ATCP 93.840(6) (6) Operator training requirements.
ATCP 93.840 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.841 ATCP 93.841 Training elements for Class B operators. Each Class B operator shall attend department-approved training in all of the following:
ATCP 93.841(1) (1) Compared with training for a Class A operator, training for a Class B operator shall provide a more in-depth understanding of operation and maintenance aspects but may cover a more narrow breadth of applicable regulatory requirements. At a minimum, the department-approved training program shall teach the Class B operator, as applicable, about the purposes, methods, and function of:
ATCP 93.841(1)(a) (a) Components of underground storage tank systems.
ATCP 93.841(1)(b) (b) Materials of underground storage tank system components.
ATCP 93.841(1)(c) (c) Methods of leak and release detection, and leak and release prevention applied to underground storage tank system components.
ATCP 93.841(1)(d) (d) Operation and maintenance requirements of this chapter which apply to underground storage tank systems and which address each of the following:
ATCP 93.841(1)(d)1. 1. Spill prevention.
ATCP 93.841(1)(d)2. 2. Overfill prevention.
ATCP 93.841(1)(d)3. 3. Leak and release detection.
ATCP 93.841(1)(d)4. 4. Corrosion protection.
ATCP 93.841(1)(d)5. 5. Emergency response.
ATCP 93.841(1)(d)6. 6. Product compatibility.
ATCP 93.841(1)(d)7. 7. Reporting and record keeping requirements.
ATCP 93.841(1)(d)8. 8. Class C operator training requirements.
ATCP 93.841(2) (2) Each Class B operator shall receive either of the following:
ATCP 93.841(2)(a) (a) Site-specific operator training that is focused only on regulatory requirements and equipment specific to the operator's underground storage tank system facility.
ATCP 93.841(2)(b) (b) General training that encompasses all regulatory requirements and typical equipment used at UST facilities.
ATCP 93.841 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.