Wisconsin Legislature: ATCP 93.840(1m)

(d) Appropriate individuals are trained to properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.

(e) All Class C operators are provided with training and written instructions that include all of the following:

1. Emergency response procedures, including all of the following:

a. Procedures for overfill protection during delivery of regulated substances.

b. Operation of emergency shut-off systems.

c. Appropriate responses to all alarms.

d. Reporting of leaks, spills and releases.

e. Any site-specific emergency procedures.

2. The name and other information needed for contacting appropriate parties if a leak, spill, release, or alarm occurs.

(f)

1. A Class C operator is present during all operating hours of the underground storage tank system, except as provided in subd. 2.

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.

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.

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.

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.

(3) Class C operators. Responsibilities of a Class C operator include all of the following:

(a) Initially responding to alarms, spills, leaks, or releases.

(b) Notifying the Class B or Class A operator and appropriate emergency responders, including 911 personnel, when necessary.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.840 Training elements for Class A operators. Each Class A operator shall attend department-approved training in all of the following:

(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:

(a) Spill prevention.

(b) Overfill prevention.

(d) Corrosion protection.

(e) Emergency response.

(f) Product compatibility.

(1m) Tank registration and permitting requirements.

(2) Financial responsibility documentation requirements.

(3) Notification requirements.

(4) Requirements for reporting obvious and suspected releases.

(5) Requirements for permanently closing a tank system and for placing a tank system temporarily out of service.

(6) Operator training requirements.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.841 Training elements for Class B operators. Each Class B operator shall attend department-approved training in all of the following:

(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:

(a) Components of underground storage tank systems.

(b) Materials of underground storage tank system components.

(c) Methods of leak and release detection, and leak and release prevention applied to underground storage tank system components.

(d) Operation and maintenance requirements of this chapter which apply to underground storage tank systems and which address each of the following:

1. Spill prevention.

2. Overfill prevention.

3. Leak and release detection.

4. Corrosion protection.

5. Emergency response.

6. Product compatibility.

7. Reporting and record keeping requirements.

8. Class C operator training requirements.

(2) Each Class B operator shall receive either of the following:

(a) Site-specific operator training that is focused only on regulatory requirements and equipment specific to the operator’s underground storage tank system facility.

(b) General training that encompasses all regulatory requirements and typical equipment used at UST facilities.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.842 Training elements for Class C operators. Each Class C operator shall be trained by a Class A or Class B operator or complete department-approved training in all of the following:

(1) Each Class C operator shall be trained to take appropriate action in response to both of the following:

(a) Emergencies, including situations which pose an immediate danger or threat to the public or to the environment and which require immediate action.

(b) Alarms caused by spills, leaks or releases from an underground storage tank system.

(2) Each Class C operator shall be trained to understand the instructions specified in s. ATCP 93.830 (2) (e).

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.850 Acceptable training and certification processes.

(1) Operator training shall include evaluation and accreditation of the operator’s knowledge of the applicable requirements in ss. ATCP 93.840 to 93.842. Thirty days after November 1, 2019:

(a) Training.

1. Training must be approved in writing by the department.

2. Requests for training approval shall be submitted on a form, TR-WM-159, supplied by the department.

3. Requests for approval shall include sufficient information to determine if the training complies with this subsection.

4. The department shall review and make a determination on a request for approval within 21 calendar days of receipt of the request and information necessary to complete the review.

5. Training approval shall expire 3 years after the date of approval.

6. Training approval may be renewed. Renewal shall be in accordance with subds. 2. to 5.

7. The department may revoke the approval for any false statements, misrepresentation of facts, or violation of the conditions on which the approval was based.

(b) Attendance record.

1. The person who obtained approval shall maintain an attendance record for at least 3 years from the date of training.

2. The attendance record shall include all of the following:

a. The course name.

b. The course identification number assigned by the department.

c. The date or dates the course was held or completed.

d. The name of each attendee.

(c) Certificate requirements. Classroom or field training programs shall issue certificates signed by the trainer to each operator trained that identifies name of trainee, date trained, and operator training class completed, and lists the name of the trainer or examiner and the training company name, address, telephone number, except as noted in par. (b) 2.

(d) Modifications. Modifications to approved training programs shall be submitted for approval in accordance with par. (a).

(e) Discontinuation. The person who obtained approval shall notify the department if the training program is discontinued before the end of its approval period.

(2) Acceptable methods for meeting the requirements in sub. (1) and ss. ATCP 93.840 to 93.842 include all of the following:

(a) Class A and Class B operators. Class A and Class B operators shall obtain a certificate from a department-approved training program.

(b) Class C operators. Class C operators shall obtain a certificate issued by an accredited Class A or Class B operator or a department-approved training program showing that the Class C operator has successfully completed training conducted or authorized by an accredited Class A or Class B operator for the facility where the Class C operator is employed.

(4)

(a) To address Class A and Class B operators who are responsible for underground storage tank systems in multiple states, the department may accept operator training verification from other states if equivalency can be established.

(b) Class A and Class B operators who choose to proceed under this subsection shall obtain written proof of their training verification and the state’s equivalent operator training requirements and submit for department approval.

(c) Class A and Class B operators who choose to proceed under this subsection shall retain a copy of the department’s letter of approval at the facility.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) (a) 6. made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (c) made under s. 35.17, Stats., Register October 2019 No. 766; correction in (1) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register February 2022 No. 794.

ATCP 93.860 Documentation deadlines.