CR 17-092 Rule Text

SPS 305.06 (Terms) became ATCP 93.240 (6)

SPS 305.07 (Renewal) became ATCP 93.240 (7)

SPS 305.08 (Continuing Education) became ATCP 93.240 (8)

SPS 305.09 (Examinations Administered by the Department) became ATCP 93.240 (9)

SPS 305.10 (Denial, Suspension, and Revocation) became ATCP 93.240 (11)

SPS 305.11 (Responsibilities) became ATCP 93.240 (12)

SPS 305.68 (Tank System Inspectors) has been incorporated as the new ATCP 93.240 (13).

Subchapter VIII of Chapter SPS 305 addresses Licenses, Certifications and Registrations for Storage Tanks.1 In order to incorporate ch. SPS 305 into ATCP rules, with some modifications, SPS 305.82 to 305.89 will become part of ch. ATCP 93.240. Specifically:

1Although the Department of Safety and Professional Services no longer regulates Storage Tanks, DATCP has been using ch. SPS 305.82 to 305.89 of their rule until this adoption of a new ATCP 93 that incorporates these items.

SPS 305.82 (Tank Specialty Firms) became ATCP 93.240 (14)

SPS 305.83 (Tank-System Site Assessors) became ATCP 93.240 (15)

SPS 305.84 (Aboveground Tank System Installers) became ATCP 93.240 (16)

SPS 305.85 (Underground Tank System Installers) became ATCP 93.240 (17)

SPS 305.86 (Underground Tank System Liners) became ATCP 93.240 (18)

SPS 305.87 (Tank System Removers and Cleaners) became ATCP 93.240 (19)

SPS 305.88 (Tank System Tightness Testers) became ATCP 93.240 (20)

SPS 305.89 (Cathodic Protection Specialties) became ATCP 93.240 (21)

Many references in ATCP 93.1605 (Fees) reference SPS 305. Those references change to reflect their new locations in ATCP 93.240.

Other references throughout the rule to SPS 305 have also been changed to reflect that an aspect of the program is now governed by ATCP 93. For instance, SPS 305 defined “direct supervision,” and DATCP added that definition as ATCP 93.050 (37m).

For building and fire codes, DSPS remains the department with jurisdiction. In those cases, ATCP 93 continues to refer back to DSPS administrative rules as appropriate.

The program transfer from DSPS to DATCP also requires a change in the statutes. In ATCP 93.010, the Scope of the Rule now reflects that statutory authority now comes from Chapter 168, Wis. Stats. rather than Chapter 101, Wis. Stats.2

2The department has suggested corrective language to the Legislative Reference Bureau and hopes the correction will be made in the current 2017-18 legislative session. In the meantime, the authority comes from 2013 Wisconsin Act 20.

Since there are no longer district offices, ATCP 93.680 (4) and its note have been changed to reflect that.

Clarification of Stakeholder and Business Questions

Some businesses subject to the rule have submitted information on non-DATCP forms in the past. In order for the department to accommodate this practice when able, ATCP 93.165 (Alternate Forms) has been created to permit industry to use alternate forms if the business seeks department approval.

In response to Section 1622 of 2013 Wisconsin Act 20, the rule includes statutory exceptions to ATCP 93.400 (3) and 93.500 (5). The temporary provision delays the department requirement that specifies that pipe connections at the top of a storage tank and beneath all freestanding pumps and dispensers that routinely contain a hazardous substance be placed within secondary containment sumps if the pipe connections were installed or in place on or before February 1, 2009. As per 2013 Wisconsin Act 20 and Wis. Stat. § 168.24 (2), the rule delays the provision until January 1, 2021.

In the past, there had been an issue about relocating a tank elsewhere on the same property. ATCP 93.400 (6) (cm) addresses that question.

ATCP 93.500 (6) (a) 3. was created to address an ongoing issue with secondary tanks.

In response to 2015 Wisconsin Act 247, ATCP 93.605 (5) (b) reflects the exception to enforcing a standard of the National Fire Protection Association in regard to telephones at pumps.

Responsibilities of Class A, B, and C Operators

DATCP has rewritten subchapter VIII (Training for Operators of Underground Storage Tank Systems) since many changes were necessary.

• The definitions of Class A, B, and C operators have been changed to match the definitions set forth by the EPA.

• Section 93.820 contained time provisions that are no longer in effect.

• DATCP modified responsibilities and training and certification requirements for the operators.

• Renumbering and reorganizing the subchapter for clarity.

• Record keeping documentation methods also changed to accommodate added provisions.

Standards Incorporated by Reference

This rule continues to incorporate multiple standards by reference. The standards can still be found in the Tables in the new ATCP 93.200. Every standard that has been updated since the last rule revision has been changed to the most recent standard available for use. Some new standards have been adopted (for instance, RPI 1200, RPI 1300, and RPI 1400 from the Petroleum Equipment Institute and UL 1856 from the Underwriters Laboratories), two have been repealed (F051 and R972 from the Steel Tank Institute) as they were no longer deemed necessary, and two standards dealing with aviation fuel from the American Petroleum Institute have been transferred to the Energy Institute (EI 1529 and EI 1542). Previously, no standards from the Fiberglass Tank and Pipe Institute were in use. If adopted, RP 2007 will be incorporated by reference.

Several other Underwriters Laboratory (UL) design standards are indirectly applied by this chapter through their inclusion in other standards that are directly adopted in this chapter. For example, UL 58, 80, 142, 1316, 1746, 2080 and 2085 are included in NFPA 30, in section 21.4.2, which is adopted in Table 93.200−6. If ATCP 93 makes a specific reference to a UL standard in the rule, however, it has been added to Table 93.200-10.

Table 93.200−1

ACI	American Concrete Institute PO Box 9094 Farmington Hills, MI 48333

Standard Reference Number

Title

350.2R–04, except for section 6.3

Concrete Structures for Containment of Hazardous Materials.

Table 93.200−2

API	American Petroleum Institute 1220 L Street, NW Washington, DC 20005

Standard Reference Number

Title

1. 570–16

Piping Inspection Code: Inspection, Repair, Alteration, and Rerating of In−service Piping Systems.

2. RP 575–14

Inspection of Existing Atmospheric and Low−pressure Storage Tanks.

3. Std 650–13 (With addenda 1 and 2)

Welded Steel Tanks for Oil Storage.

4. RP 651–14

Cathodic Protection of Aboveground Petroleum Storage Tanks.

5. RP 652–14

Lining of Aboveground Petroleum Storage Tank Bottoms.

6. Std 653–14

Tank Inspection, Repair, Alteration, and Reconstruction.

9. RP 1604–96

Closure of Underground Petroleum Storage Tanks.

10. RP 1615-11

Installation of Underground Petroleum Storage Systems, Sixth Edition.

11. RP 1621–93

Bulk Liquid Stock Control at Retail Outlets.

12. RP 1626-10 (With February 2011 errata and addendum)

Storing and Handling Ethanol and Gasoline−Ethanol Blends at Distribution Terminals and Filling Stations.

13. RP 1631–01

Interior Lining and Periodic Inspection of Underground Storage Tanks.

14. RP 1632–96

Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.

15. RP 1637–06

Using the API Color−Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals.

16. Std 2000–14

Venting Atmospheric and Low−Pressure Storage Tanks.

17. Std 2015–14

Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks.

18. RP 2200–15

Repairing Hazardous Liquid Pipelines.

19. Std 2350–12

Overfill Protection for Storage Tanks in Petroleum Facilities.

20. Std 2610–05

Design, Construction, Operation, Maintenance, and Inspection of Terminal and Tank Facilities.

Table 93.200−3

ASTM	ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428

Standard Reference Number

Title

G158–98 (2016)

Standard Guide for Three Methods of Assessing Buried Steel Tanks.

Table 93.200−3j

EI	Energy Institute 61 New Cavendish Street London W1G 7AR, UK

Standard Reference Number

Title

1. EI 1529-14

Aviation fuelling hose and hose assemblies, 7th edition.

2. EI 1542-12

Identification markings for dedicated aviation fuel manufacturing and distribution facilities, airport storage and mobile fuelling equipment, 9th edition.

Table 93.200−3r

FTPI	Fiberglass Tank and Pipe Institute 11150 South Wilcrest Drive, Suite 101 Houston, TX 77099-4343

Standard Reference Number

Title

RP 2007-1 rev. 8/1/14

Recommended Practice for the In-service Inceptions of Aboveground Atmospheric Fiberglass Reinforced Plastic (FRP) Tanks and Vessels ©

Table 93.200−4

KWA	Ken Wilcox Associates 1125 Valley Ridge Drive Grain Valley, MO 64029

Standard Reference Number

Title

1999 Version

Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera.

Table 93.200−5

NACE	NACE International 1440 South Creek Drive Houston, TX 77084-4906

Standard Reference Number

Title

1. SP0169–13

Control of External Corrosion on Underground or Submerged Metallic Piping Systems.

2. SP0178–07

Design, Fabrication, and Surface Finish Practices for Tanks and Vessels to Be Lined for Immersion Service.

3. SP0188–06

Discontinuity (Holiday) Testing of New Protective Coatings on Conductive Substrates.

4. SP0193–16

External Cathodic Protection of On−Grade Carbon Steel Storage Tank Bottoms.

5. SP0285-11

Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.

6. SP0286–07

Electrical Isolation of Cathodically Protected Pipelines.

6m. TM0101-12

Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems.

7. TM0497–12

Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems.

Table 93.200−6

NFPA®

National Fire Protection Association® 1 Batterymarch Park Quincy, MA 02269

Standard Reference Number

Title

1. 10-13

Standard for Portable Fire Extinguishers.

1m. 20-16

Standard for the Installation of Stationary Pumps for Fire Protection.

2. 30-15

Flammable and Combustible Liquids Code.

3. 30A-15

Code for Motor Fuel Dispensing Facilities and Repair Garages.

4. 30B-15

Code for the Manufacture and Storage of Aerosol Products.

5. 31-16

Standard for the Installation of Oil−Burning Equipment.

5m. 35-16

Standard for the Manufacture of Organic Coatings.

6. 37-15

Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines.

7. 68–13

Standard on Explosion Protection by Deflagration Venting.

8. 110-16

Standard for Emergency and Standby Power Systems.

9. 326-15

Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair.

10. 385-17

Standard for Tank Vehicles for Flammable and Combustible Liquids.

11. 407-17

Standard for Aircraft Fuel Servicing.

12. 410-15− Chapter 6 only

Standard on Aircraft Maintenance.

13. 418-16

Standard for Heliports.

14. 704-17

Standard System for the Identification of the Hazards of Materials for Emergency Response.

Table 93.200−7

PEI	Petroleum Equipment Institute P.O. Box 2380 Tulsa, OK 74101

Standard Reference Number

Title

1. RP100-11

Recommended Practices for Installation of Underground Liquid Storage Systems.

2. RP200-13

Recommended Practices for Installation of Aboveground Storage Systems for Motor−Vehicle Fueling.

3. RP300-09

Recommended Practices for Installation and Testing of Vapor−Recovery Systems at Vehicle−Fueling Sites.

4. RP400-12

Recommended Procedure for Testing Electrical Continuity of Fuel−Dispensing Hanging Hardware.

5. RP500-11

Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment.

6. RP600-12

Recommended Practices for Overfill Prevention for Shop−Fabricated Aboveground Tanks.

7. RP800–13

Recommended Practices for Installation of Bulk Storage Plants.

8. RP900–17

Recommended Practices for the Inspection and Maintenance of UST Systems.

9. RP1000-14

Recommended Practices for the Installation of Marina Fueling Systems.

10. RP1200-17

Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities.

11. RP1300-13

Recommended Practices for the Design, Installation, Service, Repair and Maintenance of Aviation Fueling Systems.

12. RP1400-14

Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems.