Chapter ATCP 93

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) (f)

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. 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.

ATCP 93.842 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:

ATCP 93.842(1) (1) Each Class C operator shall be trained to take appropriate action in response to both of the following:

ATCP 93.842(1)(a) (a) Emergencies, including situations which pose an immediate danger or threat to the public or to the environment and which require immediate action.

ATCP 93.842(1)(b) (b) Alarms caused by spills, leaks or releases from an underground storage tank system.

ATCP 93.842(2) (2) Each Class C operator shall be trained to understand the instructions specified in s. ATCP 93.830 (2) (e).

ATCP 93.842 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.850 ATCP 93.850 Acceptable training and certification processes.

ATCP 93.850(1) (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:

ATCP 93.850(1)(a) (a) Training.

ATCP 93.850(1)(a)1. 1. Training must be approved in writing by the department.

ATCP 93.850(1)(a)2. 2. Requests for training approval shall be submitted on a form, TR-WM-159, supplied by the department.

ATCP 93.850(1)(a)3. 3. Requests for approval shall include sufficient information to determine if the training complies with this subsection.

ATCP 93.850(1)(a)4. 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.

ATCP 93.850(1)(a)5. 5. Training approval shall expire 3 years after the date of approval.

ATCP 93.850(1)(a)6. 6. Training approval may be renewed. Renewal shall be in accordance with subds. 2. to 5.

ATCP 93.850(1)(a)7. 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.

ATCP 93.850(1)(b) (b) Attendance record.

ATCP 93.850(1)(b)1. 1. The person who obtained approval shall maintain an attendance record for at least 3 years from the date of training.

ATCP 93.850(1)(b)2. 2. The attendance record shall include all of the following:

ATCP 93.850(1)(b)2.a. a. The course name.

ATCP 93.850(1)(b)2.b. b. The course identification number assigned by the department.

ATCP 93.850(1)(b)2.c. c. The date or dates the course was held or completed.